Terms of Sale
Welcome
to Coffee Hysteria and our website at www.coffeehysteria.com (our “website”).
These Terms and Conditions ("Terms"), along with the documents
mentioned within, explain the rules for purchasing coffee and coffee-related
products and merchandise displayed on our website ("Products").
Please
read these Terms carefully before placing an order. By ordering any of our
Products, you agree to be bound by these Terms. If you do not agree with these
Terms, you will not be able to order Products from us.
1. ABOUT US
1.1.
We are ENNOVIA LTD of 37 Caledonian Wharf, London, England, E14 3EN ("Coffee Hysteria", "we", "us",
"our").
1.2.
We operate the website and online shop at www.coffeehysteria.com (our
"website").
1.3.
To contact us, please [email protected], or write to us at the address above.
1.4.
These Terms were last updated on Wednesday, 21st of May, 2025.
1.5.
The following documents are also part of these Terms:
1.5.1.
Our Privacy Policy;
1.5.2.
Our Cookie Policy; and
1.5.3.
Our Shipping, Cancellation, Refunds, and Returns Policy.
2. ELIGIBILITY
By
placing an order through our website, you confirm that:
2.1.
You are legally capable of entering into binding contracts.
2.2.
You are at least 18 years old.
2.3.
You are a resident of the UK.
2.4.
You are accessing our website from within the UK.
3. HOW THE CONTRACT IS FORMED
3.1.
When you place an order, it's an offer to buy a Product from us.
3.2.
After placing an order, you'll receive an email acknowledging that we've
received it ("Order"). This email doesn't mean your Order has been
accepted.
3.3.
We need to accept all orders.
3.4.
The agreement between us ("Contract") is formed only when we send out
the Product.
3.5
Shopify Inc. provides us with the online e-commerce platform that allows us to
sell our Products to you.
3.6
By agreeing to these Terms, you also acknowledge and agree to Shopify's terms
of service and privacy policy, which may be updated from time to time.
3.7
We are responsible for the content of these Terms and the operation of our
store, and Shopify is not a party to the agreement between you and us for the
purchase of Products.
4. WHEN ORDERS ARE NOT
ACCEPTED
4.1.
While we aim to accept all Orders, we may have to refuse one if:
4.1.1.
You provide incomplete, incorrect, or false information about your identity,
age, payment details, billing address, or shipping address.
4.1.2.
There was a mistake on our website regarding the Products you ordered, such as
an incorrect price or description, or if the Products are out of stock or no
longer available.
4.2.
If we can't accept your Order, we'll contact you and refund any money you've
already paid for those Products.
4.3.
Unless required by law, we won't be responsible to you or anyone else for any
loss, damage, cost, or expense resulting directly or indirectly from Products
being unavailable at any time, whether due to contract, negligence, or any
other legal basis.
5. PRODUCTS DESCRIPTIONS
5.1.
We try our best to ensure all information about our Products is accurate and
current. However, we can't guarantee there will be no errors in the description
or pricing, or that Products will always be in stock when you want to order.
5.2.
We also have the right to change Product information, including prices,
descriptions, and availability. However, these changes won't affect Orders
we've already accepted.
5.3.
Unless required by law, we won't be responsible to you or anyone else for any
loss, damage, cost, or expense resulting directly or indirectly from inaccurate
Product descriptions, whether due to contract, negligence, or any other legal
basis.
6. PRICE AND PAYMENT
6.1.
The price of Products and our delivery charges will be as listed on our
website, except in obvious cases of error.
6.2.
Product prices include VAT.
6.3.
Product prices and delivery charges can change at any time, but these changes
won't affect Orders that have already been dispatched.
6.4.
We are not obligated to sell you a Product at the incorrect lower price, even
after dispatch, if the pricing error was clear and unmistakable and you could
have reasonably recognized it as a mistake.
6.5.
All payments must be made using the payment methods we specify. You acknowledge
and agree that you are subject to the terms of use of any third-party payment
providers. We are not responsible for any issues with your chosen payment
method. We can change or stop offering any payment method at any time without
notice or reason.
6.6.
We must receive full payment in immediately available funds, without any
deductions or conditions, no later than the date payment is due.
7. CHARGEBACKS
You
agree to contact us before requesting a chargeback or raising a dispute with
your bank or card issuer regarding any transaction. If you make a card payment
on our website and later dispute a legitimate charge without a valid reason (as
we determine), whether fraudulently or otherwise, we reserve the right to
blacklist you and provide evidence to refute your claim, and we may pursue
legal action.
8. CANCELLATION
8.1.
We can cancel any accepted Order at any time before delivery for any reason,
such as if there's an event outside our control or if we can't supply the
Products.
8.2.
If we cancel your Order, we'll contact you and refund any money you've already
paid for those Products.
8.3.
Unless required by law, we won't be responsible to you or anyone else for any
loss, damage, cost, or expense resulting directly or indirectly from the
cancellation of your Order, whether due to contract, negligence, or any other
legal basis.
9. RIGHT TO CANCEL
9.1.
Under UK consumer rights laws, you have a 14 "working day"
cooling-off period during which you can cancel your purchase if you change your
mind, starting from the day the contract is formed (when we send our Order
Confirmation email).
9.2.
We will respond to all cancellation requests within 5 working days.
9.3.
To exercise your right to cancel, you must return the Products within 14 days
of purchase, and they must be:
9.3.1.
Returned in new condition (in their original packaging, resalable, complete,
and as purchased).
9.3.2.
Accompanied by valid proof of purchase.
9.3.3.
Returned to us within 14 days of purchase.
9.4.
To initiate a return, please contact us.
10. DAMAGED OR DEFECTIVE
PRODUCTS
10.1.
If you receive a damaged or defective Product, please email us within 7 days of
delivery and attach photos showing the damage so we can assess it.
10.2.
Please keep the item until we respond. We cannot consider complaints without
clear proof of the fault or damage.
10.3.
We will respond to all complaints within 5 working days.
11. RISK AND TITLE
11.1.
The Products become your responsibility once they are delivered.
11.2.
You will only own the Products after we receive full payment for them,
including delivery charges.
12. SPECIAL OFFERS,
DISCOUNTS, AND PROMOTIONS
12.1.
We can change, limit, or end any special offers, discounts, and promotions at
any time without notice.
12.2.
All special offers, discounts, and promotions are subject to availability and
may have additional Terms and Conditions that are part of this Agreement.
12.3.
We can limit certain special offers, discounts, and promotions to one order per
customer, as determined by their email address, credit card address, and/or
delivery address.
13. OUR RIGHT TO VARY THESE
TERMS
We
can revise these Terms at any time. When we do, we will notify you by stating
that the Terms have been amended and by updating the "last updated"
date at the top of this page.
14. WARRANTY
14.1.
We guarantee that any Product you buy from our website will, upon delivery and
for the following 12 months, match its description, be of satisfactory quality,
and be reasonably suitable for the purposes for which such products are
commonly used.
14.2.
We will either replace or refund the price of Products you report as defective.
14.3.
This warranty does not cover defects caused by misuse, neglect, accident,
improper storage, installation or handling, frost damage, repairs or
alterations not done or approved by us, or the use of incorrect electrical
supply voltage, contaminated water supply, or unsuitable chemicals.
15. OUR LIABILITY
15.1.
If we fail to meet these Terms, we are responsible for any loss or damage you
suffer that is a foreseeable result of our breach or our negligence. However,
we are not responsible for any loss or damage that is not foreseeable. Loss or
damage is foreseeable if it was an obvious consequence of our breach or if you
and we both considered it at the time we entered into the Contract.
15.2.
We only supply Products for domestic and private use. You agree not to use the
Products for commercial, business, or resale purposes, and we are not liable to
you for any loss of profit, business, business interruption, or loss of
business opportunity.
15.3.
We do not exclude or limit our liability in any way for:
15.3.1.
Death or personal injury caused by our negligence.
15.3.2.
Any breach of the terms implied by section 17 of the Consumer Rights Act 2015
(title and quiet possession).
15.3.3.
Any breach of the terms implied by sections 9 to 11 of the Consumer Rights Act
2015 (satisfactory quality, fitness for purpose, and description).
15.3.4.
Defective products under the Consumer Protection Act 1987.
16. COMMUNICATIONS BETWEEN US
16.1.
In these Terms, "in writing" includes email.
16.2.
If you need to contact us in writing, or if any part of these Terms requires
you to give us written notice, you can do so by email. We will confirm receipt
by contacting you in writing, usually by email.
16.3.
If we need to contact you or give you written notice, we will do so by email to
the address you provide in your Order.
16.4.
Any notice from you to us, or from us to you, will be considered received
immediately when posted on our website or 24 hours after an email is sent.
16.5.
To prove that a notice has been served, it's enough to show, for a letter, that
it was correctly addressed, stamped, and posted, and for an email, that it was
sent to the correct email address.
17. EVENTS OUTSIDE OUR
CONTROL
17.1.
We are not liable for any failure or delay in performing our obligations under
a Contract that is caused by events outside our reasonable control ("Force
Majeure Event").
17.2.
A Force Majeure Event includes any act, event, non-happening, omission, or
accident beyond our reasonable control, including (but not limited to):
17.2.1.
Strikes, lockouts, or other industrial action.
17.2.2.
Civil unrest, riots, invasion, terrorist attacks or threats, war (declared or
not) or threats or preparation for war.
17.2.3.
Fires, explosions, storms, floods, earthquakes, subsidence, epidemics, or other
natural disasters.
17.2.4.
Impossibility of using railways, shipping, aircraft, motor transport, or other
means of public or private transport.
17.2.5.
Impossibility of using public or private telecommunications networks.
17.2.6.
The acts, decrees, legislation, regulations, or restrictions of any government.
17.3.
Our performance under any Contract is suspended for the duration of the Force
Majeure Event, and we will have an extension of time to perform our obligations
for that period. We will make reasonable efforts to end the Force Majeure Event
or find a way to fulfil our obligations despite it.
18. OTHER IMPORTANT TERMS
18.1.
We can transfer our rights and obligations under a Contract to another
organisation, but this won't affect your rights or our obligations under these
Terms. We will notify you on this webpage if this happens.
18.2.
You can only transfer your rights or obligations under these Terms to another
person if we agree in writing.
18.3.
This contract is between you and us. No other person has any rights to enforce
its terms.
18.4.
Each part of these Terms operates separately. If any court or relevant
authority decides that any part is unlawful or unenforceable, the remaining
parts will still be valid and in effect.
18.5.
If we don't insist that you perform your obligations under these Terms, or if
we don't enforce our rights against you, or if we delay in doing so, that
doesn't mean we have given up our rights and doesn't mean you don't have to
comply with those obligations. If we do waive a default by you, we will only do
so in writing, and that won't mean we automatically waive any later default.
18.6.
No joint venture, partnership, agency, or employment relationship has been
created by these Terms.
18.7.
These Terms and any documents specifically mentioned in them form the entire
agreement between us regarding their subject matter and replace all previous
agreements, promises, assurances, warranties, representations, and
understandings, whether written or spoken. You agree that you have no remedies
regarding any statement, representation, assurance, or warranty (whether
innocent or negligent) that is not set out in these Terms or any document
specifically referred to in them. You also agree that you have no claim for
innocent or negligent misrepresentation or negligent misstatement based on any
statement in these Terms or any document specifically referred to in them.
18.8.
Each condition of these Terms operates separately. If any court or competent
authority decides that any of them are unlawful or unenforceable, the remaining
conditions will remain in full force and effect.
18.9.
These terms and conditions and the relationship between you and us are governed
by and interpreted according to the laws of England and Wales. If any disputes
or claims arise in connection with these Terms, you agree to first try to
resolve the issue through good faith discussions with us. If the dispute or
claim is not resolved within sixty (60) days, both you and we irrevocably
submit to the exclusive jurisdiction of the courts of England and Wales.