- • Acceptance and modification of the Conditions of Use
- Rights of author, copyright and intellectual property
The content of our web site and in particular but not exclusively, texts, logos, diagrams, photos, videos, sounds, music, layouts, design, know-how, technologies, products and processes are of ownership Over the Dream S.r.l. (dealer of Crowd Coffee mark), or are used with the permission of the owners, and consequently are protected by copyright, copyright, trademarks, patents and all other intellectual property rights or existing owners in accordance with applicable laws. Except as hereinafter established, nothing contained in our web site shall be construed or interpreted as granting a license or right to use any contents of our web site. Vitha International Limited of the official licensee for the Crowd Coffee mark in the UK territory.
- Use of the web site
- You can download, view or print the content of our website only for personal and not commercial use, thereby preserving and reproducing every and any warning about copyrights or any other notice about the rights owners contained in any information or material downloaded. Any other use, including the reproduction, modification, distribution, transmission, or broadcast of the content of the web site in whole or in part and in any way is strictly forbidden, except with the prior written consent of Vitha International Limited as official licensee of Crowd Coffee mark within the UK border. Vitha International Limited as official licensee of Crowd Coffee mark within the UK border does not warrant or represent that the use of any content published on its web site does not infringe the rights of third parties.
- Non-confidential information
- Disclaimer of Warranty
- Except as set forth in the matter of accountability, all materials, information and anything you find on the web sites are provided on an "as such", based on their availability, and without any warranty of any kind, express or implied, including, inter alia, the implied warranty of merchantability or fitness for any particular purpose. Vitha International Limited does not warrant that its web site or their contents correspond to your expectations, access is not interrupted, and are promptly updated, safe and free from errors.
- Limitation of Liability
- Access, use, search and navigation on our website is done at your own risk and peril.
- The User recognizes and fully accepts that Vitha International Limited or any other party involved in creating, producing or delivering the web site are not responsible for any direct, indirect, or consequential damage to reputation, costs, losses, loss of revenue or profit, or debts of any kind that may arise from your access or use, or on the contrary impossibility to use the Website or the content thereof.
- All materials downloaded or in any other way obtained during the use of our website are obtained at your own risk and peril. Vitha International Limited assumes no responsibility for any damages or viruses that may damage your computer or any other property due to your access, use or download of any material on its website or any illegal access or intervention on computer systems. Vitha International Limited reserves the right to terminate or discontinue any and all feature on its web site. Vitha International Limited does not accept any responsibility or obligation of any kind for any cessation or interruption of its website that results from the actions or omissions of Vitha International Limited or any third party.
- The content of our web site may contain incorrect data or errors. Vitha International Limited reserves the right to make changes and corrections and/or improvements to this content at any time without notice, but assumes no obligation to do so.
- Hypertext Services
- Our web site may contain hyperlinks to other websites that are not operated or controlled by Vitha International Limited . The latter will not be held responsible for the contents of these sites and rejects any liability or obligation in relation to their legality or functions. The creation of any hypertext link to the site Crowd Coffee is prohibited without the prior written consent of Vitha International Limited.
PURCHASE TERMS AND CONDITIONS
Any proposal for the purchase of products Crowd Coffee is governed by these general conditions of sale. Vitha International Limited as the official licensee for the Crowd Coffee mark in the UK territory (also "Company" or dealer mark Crowd Coffee) reserves the right to modify at any time by posting a new dated version.
The present proposal will become valid from the moment in which the same will be accepted by the customer, in the reserved area of the site www.crowd-coffee.com acceptance must be considered automatically occurred at the end of the insertion of data from part of the customer
in the event of breach of contractual obligations on the part of the Vendor Company, the customer may freely withdraw from the contract and demand the repayment of sums paid.
- Shipment of goods
- It will be carried out under the care of logistics services which society relies and under the conditions laid down in the tender selected by the customer. The shipment of the goods can be carried out by the Company within five (5) days from the acceptance of this order which took place on the site. In the event of extraordinary circumstances not attributable to the company the seller (by way of example: breaks from work, unrest, difficulties in transport or in supplies of energy etc.), this time limit may be less, with the faculty of the Purchaser to withdraw from this Agreement if the shipment, after 7 (seven) days from registration on the site, has not taken place.
- Since the consumer goods, the customer must check at the time of delivery, the quantity and the status of the products and, in the case of faults and/or missing products, to withdraw the goods subject to the control of the content and inform Crowd coffee of any such faults within 14 (fourteen) days from the date of receipt of the products themselves, preserving the invoice and the carrier BOL. Performed as just described, Crowd Coffee, in agreement with the customer, will provide substitute products of equal value commercial or will issue a refund by means of a credit in favor of the customer for subsequent purchases. Any dispute concerning the goods provided will be effected by registered letter with acknowledgment of receipt, within 14 (fourteen) days from receipt of the goods to the vendor company (see contact details to the following art. 8).
- Loan and Guarantee of the machines
- The machines Crowd Coffee are loaned to the user as verbal delivery signed by the same. The loan is free. If the model chosen by the user showed particular characteristics / Quality, Crowd Coffee reserves the right to ask for a contribution toward the maintenance costs, aiming to maintain suitable the use of the machine. This amount will not be refunded.
- All machines Crowd Coffee are guaranteed directly by the manufacturer within the meaning of the Code of Consumption and according to the terms and conditions on the packages of the same. For any question concerning the assistance of the machine, the customer can contact the assistance Crowd Coffee: Customerservice@crowd-coffee.com
- Prices and Payments
- The prices invoiced for the products ordered are those in force on the day of issue of the purchase order, including taxes and shipping costs. The shipping costs are indicated separately within the invoice, Such purchases shall be made via the internet, the amount of the corresponding invoice will be paid at the moment of the order by the methods of payment are present on the site. In the case of use of credit card data will be encrypted for security purposes.
- Right of Withdrawal
- The customer has the right to withdraw from the contract without giving any reason within 14 (fourteen) days from the date of receipt of the order. In order to exercise the withdrawal will inform Crowd Coffee of its decision to withdraw from this Agreement by sending an explicit declaration by means recommended A/R: Complaints. Crowd Coffee (UK) Unit 26, Dunfermline Business Centre, Izzatt Avenue. Dunfirmline KY11 3BZ.
- The Communication concerning the exercise of the right of withdrawal is only valid if signed into their own hands by the customer and must be sent before the expiry of the withdrawal period.
- Effects of withdrawal: if the customer withdraws from the present contract will receive the reimbursement of payments made in favor of Vitha International Limited relatively without undue delay and no later than 14 (fourteen days) from the moment in which Crowd Coffee will have been informed of the decision of the customer to withdraw from this Agreement. Said refund will be made using the same means of payment from the customer used for the initial transaction and without incurring any cost in reason of this reimbursement. The refund will be suspended until the receipt of goods or up to the successful demonstration on the part of the consumer to have returned the goods, whichever is the earlier. If the customer at the time of withdrawal, will have already received the goods covered by the contract must return them within 14 (fourteen) days from the moment in which crowd Coffee will have been informed of the decision of the customer to withdraw from the present contract and at its own expense, personally, or by courier, with the modalities and the seats provided by the Crowd Coffee: Recess Crowd Coffee c/o Crowd Coffee (UK) Unit 26, Dunfermline Business Centre, Izzatt Avenue. Dunfirmline KY11 3BZ.
- The term is understood respected if the customer will return the goods before the date of expiry of the period of 14 (fourteen) days. The goods must be in normal condition, having been guarded and preserved intact, with the use of the normal diligence.
- The customer is only responsible for the decrease in the value of the goods resulting from a manipulation of the asset other than that necessary to determine the nature, characteristics and the functioning of the goods.
- The Company does not recognize any payment if not made directly to the company itself so as indicated on the site.
In the event of a dispute, the forum shall be the residence of the customer, except as otherwise provided by the laws in force.
Crowd Coffee informs that the personal data supplied by the customer will be processed for the purposes strictly related to the management of the contractual relationship and the supply of the goods. It will be possible at any time to request information on its own data, as well as modification or cancellation of the same by contacting the Customer Service of Crowd Coffee: Customerservice@crowd-coffee.com
DISTRIBUTION AGREEMENT TERMS AND CONDITIONS
- In the Distributor Agreement:
Account Number: the unique number allocated to your Distributorship by Crowd-Coffee;
Customs: the Commissioners of Customs and Excise;
Data Protection Legislation: Directive 95/46/EC and all national implementations of that directive including the Data Protection Act 1998;
Distributor: an individual or individual(s) registered as an independent distributor by Vitha Internaional Limited;
Distributorship: the relationship between a Distributor and Crowd-Coffee governed by the Distributorship Agreement;
Distributorship Agreement and this Agreement: these Terms and Conditions, that include the Important Statutory Information and the Business Manual, in each case as varied by Crowd-Coffee from time to time;
Down line: in relation to a Distributor, any Distributor(s) sponsored by him, either directly or through one or more intermediate Distributors;
Information: any and all data and information obtained from Crowd-Coffee in connection with your Distributorship Agreement, whether oral, written, graphic, electronic or in any other format and including, without limit, specifications, reports, test results, formulations, formulae, technical information, instructions, designs, blueprints, drawings, statistics, personal data of existing and perspective Crowd-Coffee Crowder and know how, and data and information about Crowd-Coffee’s finances, operations, processes, products, services, customers, suppliers, personnel, distributors, contractors and business plans or any other aspects of Crowd-Coffee’s business operations.
Crowd-Coffee: Vitha Internaional Limited of Unit 2 Dunfermline Business Centre, Dunfermline, KY11 3BZ;
Products: goods supplied by Crowd-Coffee and services means non-goods provided to Crowder’s from time to time under this Agreement;
Month: each period from the First to the last day of the same month.
Up line: in relation to a Crowder, any Crowder’s(s) who sponsored him, either directly or through one or more intermediate Crowder’s; and “You” and related expressions means the applicant(s) named on this Agreement;
Website: any Crowd-Coffee website such as www.crowd-coffee.com , or any other website owned by Vitha International Limited.
- Words indicating the singular include the plural and vice versa and words indicating the masculine include the feminine and neuter and vice versa.
- These Terms and Conditions will prevail in the event of any inconsistency with the terms of the Business Manual.
- TERMS OF THIS AGREEMENT AND REGISTRATION
- This Agreement will come into force when Crowd-Coffee notifies you either in writing or by electronic means (email) that you have been registered or re-registered as a Crowder. You shall be deemed to have accepted these terms and conditions by ticking the acceptance box on the online registration form or (2) by placing an order once you have been issued with these terms and conditions or they have been made available to you whichever is the earlier.
- Crowd-Coffee reserves the right to reject applications to become a Crowder. Crowd-Coffee will inform you if your application is rejected.
- DISTRIBUTOR STATUS
- As an independent Crowder, you will run your own business and pay your own taxes when due.
- You are not and you must not claim or hold yourself out to be an agent, partner or employee of Crowd-Coffee or in a joint venture with Crowd-Coffee. You have no authority to negotiate or conclude contracts on Crowd-Coffee’s behalf or otherwise to bind Crowd-Coffee and you shall not hold yourself out as having such authority. performance of any Product, except as expressly stated in Crowd-Coffee’s literature.
- Your only financial obligations under this agreement is to pay for 240 coffee capsules or more on your first order and to choose whether you want to become a consumer or Crowder, you can change in the future.
- Distributorships can be registered in the name of a single individual or in the names of no more than two individuals as a joint Crowder. A company cannot become a Crowder unless, at the discretion of Crowd-Coffee, special permission has been granted in writing by Vitha International Limited.
- The parties to this Agreement can only be changed in accordance with the Transfer Rights of Crowd-Coffee Crowder at Crowd-Coffee’s discretion.
- You may begin telling people about Crowd-Coffee’s coffee as soon as your online registration has been accepted and acknowledged by Crowd-Coffee.
- You must promote the Products and Crowd-Coffee strictly in accordance with the Business Manual. You may only get Crowder’s in the country that you registered.
- You must not advertise, or promote Crowd-Coffee on any social media unless prior The delivery day is not guaranteed and Crowd-Coffee is not liable for any loss if delivery is delayed for any reason.
- The Products/goods are held by you at your own risk from the time they are delivered to you. If you provide any ‘leave safe’ instructions (thus requiring no proof of delivery signature) as an alternative delivery option, you will still be held responsible for the full value of goods from the time they are delivered to you.
- Crowd-Coffee recognises that there are occasions when Crowder’s and Consumers may find it necessary to return product(s) to Crowd-Coffee for reasons beyond their control and to this they should adhere to the returns process and procedure as detailed. You must not abuse the returns process to benefit financially.
- You should not attempt to induce new Crowder’s or Consumers by offering any discount or money off or any other promotional offer unless prior approval has been given in writing by Crowd-Coffee.
- TRADING POLICY AND PAYMENT PROCEDURES
- All Crowd-Coffee accounts are operated as payment With Order.
- If any method you use to make payment are not honored goods will not be sent out. To register on line the applicant must have an email address and a valid credit or debit card. The account number and online registration link must be supplied by the initiator/Crowder to the applicant by email or message, this will create a personalized number for your new down line Crowder
- You must not make promises or representations of any type to applicants about the Crowd-Coffee programme other than as set out in authorized and approved Crowd-coffee’s literature and web site.
- Crowd-Coffee reserves the right to refuse to register applicants sponsored by you at its sole discretion. Only on receipt of payment to Crowd-Coffee by the applicant can the application be registered.
- You must assist your Down line with training, support and motivation. You must also assist Crowd-Coffee in connection with any non-compliance actions relating to your Down line, including but not limited to providing documentation and any other information which Crowd-Coffee may request.
- PAYMENTS TO DISTRIBUTORS
- The rewards payable by Crowd-Coffee to Crowder’s are set out in the commission Plan as detailed on the web site.
- Only Active Distributors who are not in breach of their Crowder obligations are eligible for payments and rewards from Crowd-Coffee.
- You are only entitled to payments from Crowd-Coffee in respect of sales made by you or by your Down line Crowder’s as set out in the Sales Plan.
- You are not entitled to payments in respect of sales concluded after termination of your Distributorship Agreement.
- You will only be entitled to payments in respect of sales concluded in any given full period prior to termination of this Agreement.
- You may not use the Crowd-Coffee’s name or logo or any of its trademarks, product or trade names or designs other than as authorised by Crowd-Coffee from time to time.
- All advertising by Crowder’s must comply with the requirements of the Crowd-Coffee Advertising Code and Social Media Policy as set out in the Business Manual.
- If Crowd-Coffee so requires you shall promptly remove any advertising material media, regardless of whether such material has previously been approved by Crowd-Coffee.
- If Crowd-Coffee allows you to share your views at Crowd-Coffee conferences or meetings or in Crowd-Coffee tape or video recordings or contribute written material to promote the Crowd-Coffee programme you:
- will participate without fee for your services or entitlement to royalties in respect of sales of the recordings;
- will ensure that your spoken or written contributions are truthful and not misleading and do not infringe the rights of any third party;
- hereby assign to Crowd-coffee with full title guarantee the copyright and all similar rights in your contributions including all amendments to the same; and
- Irrevocably waive any right to be identified as the author of your contributions or to object to derogatory treatment of them.
- All intellectual property rights and similar rights in the Crowd-Coffee material supplied to you or obtained by you shall vest in and shall remain the property of Crowd-Coffee. Other than the right to use such material in accordance with Your Crowder or consumer Agreement you shall not acquire any right, title or interest in the material (or any intellectual property rights therein). All rights to use the material shall cease immediately on termination of Your Distributorship Agreement.
- You will indemnify Crowd-Coffee upon demand and keep it indemnified and hold it harmless against any loss, liability, damages, claims, costs and expenses arising from:-
- any breach of this Agreement or other unauthorized act or omission by you or by any person engaged by you (in breach of this Agreement) in connection with your Distributorship; and
- Any demand from or liability to the Inland Revenue, Customs or other competent authorities in connection with your Crowd-Coffee business.
- You acknowledge that the Crowd-Coffee programme is constantly evolving and that Crowd-Coffee may for commercial reasons vary its Products, Product prices and the terms of this Distributorship Agreement from time to time at its sole discretion, including without limitation the Business Manual and the Marketing Plan.
- Crowd-Coffee will give you not less than seven days written notice of such variations, unless they relate to your financial obligations, in which case Crowd-Coffee will give you not less than sixty days written notice.
- EARLY TERMINATION
- Cancellation Rights: You have the right, within 30 days of making it, to cancel this agreement (and to recover any monies paid) by giving written notice to the Company at the address stated in Clause 1 above.
- This Agreement will terminate automatically if:
- You die or your joint Distributor (if any) dies or terminates this Agreement (subject to the Transfer Rights of Crowd-Coffee Distributors.
- You may terminate this Agreement immediately at any time without penalty by giving fourteen days written notice of termination to Crowd-Coffee at Crowd-Coffee’s address stated in Clause 1 above.
- Crowd-Coffee may suspend or terminate this Agreement immediately at any time by giving you 7 days written notice.
- Without prejudice to the generality clause of 12.4 Crowd-Coffee may at its sole discretion, terminate this agreement immediately at any time by giving you written notice if
- you commit any material or persistent breach of this Agreement; or
- you breach any term of this Agreement and (if Crowd-Coffee reasonably believes that the breach is capable of remedy) you fail to remedy the breach within seven days after the date of a written request from Crowd-Coffee to do so; or
- you become bankrupt or you make any composition with your creditors or are subject to any similar event of insolvency in any competent jurisdiction; or
- All distributors are required and expected to behave in a professional and
courteous manner at all times to all customers, all other Crowder’s and to all employees of Vitha Internatioanal Limited and any other persons or companies that are associated with any other part of the group of companies that Crowd-Coffee is part of.
- You must not interfere with any other Crowder's business in any way.
- You must not use any social media platform or any other kind of communication vehicle, be it in an open forum or secret forum and, either under your own name or under the guise of any other name that is associated with you, to make any threatening, defamatory remarks or, which contain any language that is offensive or of threatening intent, indecent or
Obscene, against any other distributor or employee of Vitha International Limited and any other persons or companies that are associated with any other part of the group of companies that Vitha International Limited is part of. Such behavior is totally unacceptable and will not be tolerated in any form whatsoever.
- In all cases termination shall be at Crowd-Coffee’s sole discretion. Crowd-Coffee is entitled at its sole discretion to take into account any past behavior, performance, previous breaches, commitment to the Crowd-Coffee opportunity and any other factors which acting reasonably it considers to be relevant to your Distributorship and the potential termination of the same.
- CONSEQUENCES OF TERMINATION
- On termination of this Agreement you will be released from all future contractual obligations under it.
- Nothing in this Agreement entitles you to any damages, compensation or indemnity following termination or non-renewal of this Agreement in accordance with its terms.
- Termination of this Agreement shall not affect any rights or liabilities of either party which have arisen on or before the date of termination nor any terms of this Agreement which are expressed or intended to remain in force after termination.
- On termination of this Agreement you shall return to Crowd-Coffee all Information or destroy such Information where Crowd-Coffee instructs you to do so.
- You must comply with all laws and regulations relating to your business with Crowd-Coffee and in particular must make appropriate returns and notifications and where applicable pay all taxes, (including income tax, national insurance contributions and Value Added Tax) directly to the appropriate authorities.
- At your request, Crowd-Coffee will supply you with any relevant information held by it relating to your business as may be demanded by the Inland Revenue, Customs or other authorities.
- Customs to be importers of record, and that Crowd-Coffee may in those circumstances act on the relevant Distributor’s behalf to comply with the necessary formalities.
- You shall promptly provide to Crowd-Coffee such information as Crowd-Coffee may reasonably request in order to comply with any law including the Proceeds of Crime Act 2002 and associated money laundering legislation and/or any request made by law enforcement organization, regulatory body and/or any government or quasi government organization.
- You shall use the Information solely for the purpose of carrying out your Crowd-Coffee business in accordance with the terms of your Distributorship Agreement and shall keep it confidential and shall not divulge it to any third party. At any time upon Crowd-Coffee’s written request you shall return or destroy all of the Information together with all copies, notes and extracts thereof.
- The terms of your Crowder or Consumer Agreement and all discussions related or connected to your Agreement (including any termination and the reasons for such termination) shall at all times be treated by you as strictly confidential. You shall not disclose such information to any third party including by making any reference on any website.
- All of your obligations of confidentiality set out in this clause 15 and elsewhere in your Distributorship Agreement shall remain in place indefinitely and as such shall continue to be binding on you indefinitely following the termination or expiration of your Distributorship Agreement.
- Your Crowder Distributorship is personal to those named on the agreement and you may not assign, transfer, sub-contract, delegate or otherwise deal with your rights or obligations under this Agreement other than in accordance with the Transfer Rights of Crowd-Coffee.
- In a joint Distributorship each individual is jointly and severally liable for all the Distributor’s obligations under this Agreement and Crowd-Coffee may enforce those obligations against either or both individuals and release or settle with either individual without affecting the liability of the other individual.
- Each individual in a joint Distributorship hereby authorises the other to communicate with Crowd-Coffee and place orders on behalf of both. Communications sent by Crowd-coffee to either joint Distributor shall be binding on both joint Distributors. If Crowd-Coffee becomes aware of any dispute between joint Distributors, it may withhold payments to either individual until it receives written instructions to resume payments signed by both individuals.
- Any notice to be given by either party under this Agreement must be in writing and must be delivered personally or sent by first class post, facsimile or electronically by email. Notices sent by post will be deemed given four working days after posting unless the letter is returned undelivered. Notices delivered personally will be deemed given on receipt. Notices sent by facsimile or email will be deemed given at the time of transmission provided a satisfactory transmission report is obtained and/or with an acknowledgment or receipt.
- If any term of this Agreement is found to be invalid or unenforceable, that will not affect the other terms of this Agreement, which will remain in full force and effect.
- There is no intention in this Agreement to create any right or benefit enforceable by any person, firm or company not a party to this Agreement and the provisions of the Contracts (Rights of Third Parties) Act 1999 are expressly excluded.
- No acceptance of payment or failure or delay by Crowd-Coffee in exercising its rights or enforcing your obligations under this Agreement will operate as a waiver unless confirmed in writing by Crowd-Coffee. No waiver of any right or obligation by Crowd-Coffee will prevent Crowd-Coffee from enforcing that right or obligation on subsequent occasions or from enforcing separate rights and obligations.
- This Agreement consisting of these Terms and Conditions, the Important Statutory Information constitutes the entire agreement between the parties and supersedes any previous written or oral agreement or understanding between them. You confirm that you have not relied on any representation or undertakings except those expressly contained in this Agreement, save that this clause shall not limit any liability for fraud.
- No variation of this Agreement will be binding unless made in writing and signed by an authorized representative of Crowd-Coffee.
- This Agreement is governed by English law the parties hereby accept the jurisdiction of the English courts, such that any proceedings brought by you shall be brought in the English courts but provided that nothing in this agreement shall prevent Crowd-coffee from taking proceedings against you in any court of competent jurisdiction.