Starbucks Italy S.r.l. ("Starbucks" or "we" or "us"), with registered office in Via Monte Napoleone 29, Milan
IMPORTANT -- PLEASE READ: The following Starbucks Card Agreement describes the terms and conditions that apply to a Starbucks Card purchased or loaded in Italy.
YOUR USE OF YOUR STARBUCKS CARD IS GOVERNED BY THE TERMS OF THIS AGREEMENT. PLEASE ENSURE THAT YOU HAVE READ AND UNDERSTOOD THESE TERMS BEFORE USING YOUR STARBUCKS CARD. IF YOU DO NOT UNDERSTAND THESE TERMS YOU MAY EMAIL CUSTOMER CARE AT SERVIZIOCLIENTI@STARBUCKS.IT. TO DISCUSS YOUR CONCERNS WITH US BEFORE YOU FIRST USE YOUR STARBUCKS CARD.
WE RECOMMEND YOU KEEP A COPY OF THIS AGREEMENT FOR YOUR RECORDS.
PART ONE: STARBUCKS CARD GENERAL TERMS
About Your Account; Starbucks Purchases Only.
The Starbucks Card is issued to you by Starbucks. It allows you to load a monetary value on to your Starbucks Card, that can be used for future purchases, at participating Starbucks stores.
The Starbucks Card cannot be replaced if lost, stolen or destroyed. The monetary value that you load onto your Starbucks Card may only be used only for the goods and services at participating Starbucks stores. No credit card, credit line, overdraft protection, e-money wallet or deposit account is associated with a Starbucks Card. No interest, dividends or any other earnings on funds loaded on to a Starbucks Card will accrue or be paid or credited to you by Starbucks. The value associated with the Starbucks Card is not insured or guaranteed by any person or entity. Your Starbucks Card may be accepted for payment at participating Starbucks Stores in Italy. We reserve the right not to accept any Starbucks Card or otherwise limit use of a Starbucks Card if we reasonably believe that the use is unauthorised, fraudulent or otherwise unlawful.
Loading Value on Your Card.
In Italy, you can load value onto a Starbucks Card by using a credit card, debit card or cash by visiting any participating store.
The value of your Starbucks Card is subject to the following load limits; the maximum amount that can be loaded onto your Starbucks Card in any transaction is €200, a maximum value of €200 may be stored on your Starbucks Card at any time and a minimum value that can be loaded is €15 for Starbucks Cards issued at the Starbucks Roastery and Reserve Store in Milan and €5 for Card issued at other Starbucks stores in Italy. Starbucks may change these maximum and minimum amounts at any time by notifying you at the point of sale or on the Starbucks web site. The maximum amount which may be loaded onto a Starbucks Card in the Italy over the life of the Card in cash is €999 at which time the Card will be replaced with a new Card.
Fees and Expiry Date
Starbucks does not charge any fees for the issuance, activation, use or topping up of your Starbucks Card and your Starbucks Card has no expiry date; however, as noted above the Card will be replaced with a new Card once the cash limit over the life of the Card reaches €999.
Receipts and Statements
Cardholders are not sent statements of itemised transactions from a Starbucks Card account. You can check the balance of your Starbucks Card or review recent transactions on your Starbucks Card by emailing customer care at email@example.com or checking your balance in a participating Starbucks store. You will need to have your Starbucks Card available in order to access your account. The account balance for a Starbucks Card also will appear on your receipt from a point-of-sale register. When you use your Starbucks Card, you will receive a receipt if you request one but will not be asked to sign the receipt. The receipt will indicate that the purchase was made using a Starbucks Card and will provide the remaining balance of your Starbucks Card. You should keep your receipts and check your balance in store t to ensure that your account balance is correct.
Amounts loaded on your Starbucks Card in the Italy cannot be redeemed into money.
We reserve the right to correct the balance of your Starbucks Card account if we believe that a clerical, billing or accounting error has occurred. If you have questions regarding your transaction history or any correction, or if you dispute any transaction or correction that has been assessed against your Starbucks Card, please contact our Customer Care Team by email at firstname.lastname@example.org. We will conduct an investigation and communicate the results and correct any error that we verify as soon as we finish the investigation. If no error was found, we will communicate an explanation. If you are dissatisfied with our resolution of a dispute, see Part II as to the available means to sort potential disputes.
Liability for Unauthorised Transactions.
Because your Starbucks Card is used for purchases from Starbucks authorized stores, you are responsible for all transactions associated with your Starbucks Card, including unauthorised transactions.
PART TWO: IMPORTANT LEGAL TERMS
Changes to This Agreement.
We may amend the terms of this agreement at any time for security, legal, regulatory or valid business reasons, but - unless the changes are required under applicable laws - the changes, if more restrictive, will be effective only with reference to the amounts loaded on the Starbucks Card following the change. In addition, we will post the terms to the modified agreement on our web site at www.starbucks.it. Subject to the remainder of this clause and save as stated above, any change, addition or deletion will become effective at the time we post the revised agreement to our web site or in our stores or as otherwise stated in our notice to you. Unless we state otherwise, the change, addition or deletion will apply to your future and existing Starbucks Cards. Save as stated above, the amended terms will apply to you if you use your Starbucks Card after such twenty (20) day notice period.
Cancellation of This Agreement.
We may suspend or terminate this agreement at any time by giving you a 60 day prior notice, but the termination will not affect the amounts loaded onto the Starbucks Card up to termination that shall be in any case used within their expiry date. Additionally, Starbucks can terminate with immediate effect this agreement in case of relevant breach of these terms or to prevent fraudulent activity. If we terminate this agreement in circumstances where you are not in breach of this agreement, we will issue store credits equal to the balance held in your Starbucks Card account less any amounts that you owe us. In the event that this agreement is terminated, this Part Two shall continue to apply as between us in respect of anything either of us did whilst this agreement was in force.
Governing Law and dispute resolution.
This agreement is governed by the laws of Italy. Any dispute arising from this agreement and its interpretation is subject to the exclusive jurisdiction of the court of residence of the customer. Also, in compliance with article 14 of the EU Regulation No. 524/2013, the customer is informed herewith that the European Commission established an online dispute resolution platform accessible at this link that can be used by the customer to solve disputes between the parties, and Starbucks can be contacted to sort potential disputes at email@example.com
Starbucks commits hereby to use either of the two alternative dispute resolution entities listed below:
Chamber of Commerce of Milan - the Chamber of National and International Arbitration of Milan
Via Meravigli 9/B - 20123 Milano
Tel.: +39 02 8515 4522
Fax: +39 02 8515 4384
Chamber of Commerce of Rome - Chamber of Arbitration
Piazza di Pietra, 91 - 00186 Roma
Tel.+39 06 678 7758
Fax +39 06 699 22473
to solve by means of the above mentioned online dispute resolution platform and in compliance with the procedure provided by the EU Regulation No. 524/2013 potential disputes with the customer arising from the performance of this contract and the activity performed on the sites.
Disclaimers and Limits of Liability.
Starbucks does not represent or warrant that your Starbucks Card will always be accessible or accepted at participating Starbucks stores. The list of participating Starbucks stores can be requested via email at the address firstname.lastname@example.org or at www.starbucks.it.
In the event that Starbucks is liable to you under this agreement, you will be entitled to recover from us your actual damages.
- Within the limits provided by the law and in particular save for what provided under consumer laws and the cases of gross negligence and wilful misconduct, Starbucks will not be liable to you for:
- any loss of income, business, goodwill or profits arising out of this agreement;
- any unauthorised access to or alteration, theft or destruction of your Starbucks Card;
- the consequences of any delay or mistake relating to the use of your Starbucks Card caused by any circumstances beyond our control;
- any loss or damage which was not caused by our breach of this agreement or breach of our legal duty of care;
- any loss or damage which was not a reasonably foreseeable result of either our breach of this agreement or breach of our legal duty of care. Loss or damage is "reasonably foreseeable" if, at the time we entered into this agreement, such loss was contemplated by you and by us; or
- any loss or damage suffered by you as a result of you failing to take reasonable precautions against such loss or damage.
This agreement does not affect your statutory rights and must be read subject to those rights. If you require more information on your statutory rights you should contact your local authority.
We may transfer all or part of this agreement without such transfer being considered a change to the agreement, by giving notice to you. The company or other entity to whom we transfer this agreement will have the same rights and obligations as we did before the transfer and we will ensure that it agrees in writing to be bound by the terms and conditions of this agreement so that you rights under this agreement are not detrimentally affected.
Entire Agreement; Construction.
All correspondence entered into under this agreement will be in the Italian language. This agreement is the complete and exclusive statement of the agreement between you and Starbucks and supersedes all prior proposals and all other agreements in respect of the subject matter of this agreement. If any provision of this agreement is illegal or unenforceable, that provision will be deleted from this agreement, and the remaining terms will not be affected. Headings are for convenience of reference only and will in no way affect interpretation of this agreement.
Enquiries or Questions.