Cleaver Coffee Club Subscription Terms and Conditions
Last updated 5th July 2024
1. Who we are
1.1 We are Westgate Butchers Ltd TA Cleaver Coffee Co. (that's who we mean by "Cleaver", "we, "us" or "our"). 1.2 We're a company registered in England and Wales with company number 13318620. Our registered office is at Hoblands Farm, Cornmill Lane, Tutbury, DE13 9HA.
2. What are these terms and conditions?
2.1. These are the terms and conditions (let’s call them the “Cleaver Coffee Club Subscription T&Cs”) on which we supply subscription services and products including our "Cleaver Club Subscription" coffee shop subscription service. These terms and conditions are mandatory for anyone purchasing a subscription - if you do not confirm your acceptance of these terms and conditions during the order process, you will not be able to order a subscription.
3. Ordering Our Cleaver Coffee Subscription
3.1. Who can order a subscription. We can only accept subscription orders from those aged 18 or over and who have legal capacity to enter into a binding contract with us. You must be located in the UK, and can't be in breach of any agreements with us or any of our terms and conditions (including these ones).
3.2. Where subscriptions can be redeemed. Our Cleaver Coffee Subscription is only available at our Long Eaton store
3.3. How to order a subscription. . In order to submit an order, you will be required to provide an email address and payment information You should check all of the information that you enter and correct any errors before submitting your order, as once your order is submitted we will begin processing it immediately. These terms and conditions are only available in the English language and will not be filed by us.
3.4. How we will accept your subscription order. Your order constitutes an offer to us to buy a subscription. Our acceptance of that offer (and the formation of a contract between you and us according to these terms and conditions) will take place when we send you a confirmation email to accept your subscription order, at which point a legally binding contract will be formed between you and us pursuant to these terms and conditions.
3.5. If we cannot accept your order. If we are unable to accept your order, we will inform you of this by email and will not charge you for the subscription. This might be: (i) because subscriptions are no longer available; (ii) because of unexpected limits on our resources which we could not reasonably plan for; (iii) because we have identified an error in the price or description of the subscription.
4. Do any other terms apply?
4.1. These terms and conditions only govern the subscription, so they apply in addition to any other agreements made between you and us, and any policies and notices that we communicate to you from time to time (each to the extent applicable).
5. Your Subscription
5.1. By ordering the subscription and paying any recurring monthly subscription fees (as set out in your order) to keep your subscription active, you will be able to redeem your subscription in any of the Participating Shops to get a unlimited half price coffee from our regular coffee menu, every day (subject to our opening hours and subject to availability of Eligible Products) for each month of a valid subscription. We reserve the right to change the number of Eligible Products per day from time to time, subject always to providing you with forty (40) days’ notice in accordance with clause 9.
5.2. Once we have accepted your subscription order and for each month your subscription is successfully renewed, you will receive an email confirming that your payment has been successful. Your subscription starts on the day we send your confirmation email and it's your responsibility to check your email for this, including, if necessary, your spam folder. Once you have received your confirmation email, you can use your subscription straight away by collecting your club card from our Long Eaton store. In order to redeem your subscription against an Eligible Product (as defined in clause 6.1.1 below), you will need to present your club card in our Long Eaton store. The club card code can only be used in Participating Shops and cannot be redeemed online. We cannot accept paper copies of your club card and we cannot provide any Eligible Products without a valid subscription club card.
5.3. You should keep your club card confidential, and you are not permitted to share it with any other person. The subscription benefits, including the 50% discount on coffee, are exclusively for the cardholder and cannot be extended to other members of your table or party. It is your responsibility to ensure that nobody obtains unauthorised use of your club card, and we won't be held liable for any loss suffered by you (including any lost subscription perks) for any such unauthorised use of your club card, unless it's due to our fault or negligence. We are not obliged to issue a new club card to you in the event you do not keep your club card confidential. If we reasonably suspect that you are sharing your club card in breach of these terms and conditions, we may suspend your account while we investigate. Investigations may take up to fourteen (14) days. If we find that you have breached these terms and conditions in a serious way, we may cancel your subscription with immediate effect and without refunding you for the remaining period of your subscription.
5.4. Your subscription will renew automatically each month and will continue unless paused or cancelled by you or us in accordance with these terms and conditions. Each subscription period is one calendar month, starting when you first subscribe.
For example, if your subscription is accepted on 4th January, it will be valid until 3rd February. The recurring monthly subscription fee would then be charged on 4th February for the next subscription month which would run until 3rd March.
5.5. You can only redeem your subscription in person at our Long Eaton store.
5.6. We only supply subscriptions for private and non-commercial use. We reserve the right at any time and in our sole discretion to verify a subscriber’s eligibility and compliance with these terms and conditions, including but not limited to, ensuring that the subscription is not being used for a commercial purpose.
5.7. There is a limit of one subscription per person. You must not register for a new subscription account with new details (a "Duplicate Subscription"), even where an older subscription has expired, unless you have a bona fide reason to do so (for example, because you have lost access to the original email account used when you signed up). We reserve the right to carry out checks for Duplicate Subscriptions and to terminate any Duplicate Subscriptions that we become aware of. If we cancel a Duplicate Subscription you will lose any campaign offer or Voucher which you had been granted in error as a result of signing up for a Duplicate Subscription. If you reactivate that Duplicate Subscription in your account (to the extent we allow you to), you will therefore be charged the current subscription price this payment will be taken immediately.
5.8. Subscriptions cannot be exchanged for other goods or products and are only eligible for refunds to the extent expressly set out in these terms and conditions.
6. Subscription Products
6.1. Eligible Products. You will be able to redeem your subscription against the following products:
6.1.1. Teas, coffees or hot chocolates listed on our regular coffee menu. Any additional shots of syrup or extra coffee, or the addition of coffee to non-coffee based drinks, shall incur an additional fee. Seasonal drinks are not eligible and as such are excluded from your subscription
6.2. All Eligible Products are subject to availability, equipment, and staffing resources, and all of our usual terms and conditions, in addition to any particular terms, conditions, rules or policies which may apply in any particular store. The list of Eligible Products may change from time to time and we will endeavour to update this list as and when products are added or removed and notify you at least forty (40) days before any significant changes to the list.
6.3. We may decide from time to time, at our sole discretion, that Eligible Products may not be redeemed in reusable cups due to the ongoing Covid-19 health and safety implications.
6.4. If you have any dietary requirements or allergies, please consult our allergen guide in the usual way before redeeming and enjoying any Rewards. We can’t guarantee any of our products will be suitable for those with allergies due to a high risk of cross contamination. Our vegan products are made to a vegan recipe but are not suitable for those with dairy and egg allergies. If you have any questions on our ingredients or produce, please do ask in store.
7. Subscription Fees
7.1. Monthly subscription fee. Subject to any pause or cancellation of your subscription, we will charge you the monthly subscription fees (currently £3) using the payment method selected by you during the order process. We reserve the right to change the subscription fee upon providing at least forty (40) days’ notice to you, subject always to your ability to cancel your subscription in accordance with clause 9. The subscription fee includes VAT. The first payment will be taken the day you sign up for the subscription. You accept that the subscription will automatically renew and has automatically recurring payments as detailed in these terms and conditions, and that you will be responsible for all recurring fees. Your subscription provides you the right to use subscription benefits at your discretion (subject to these terms and conditions). Your non-use will not obligate us to provide you with any refund, in whole or part, of your monthly subscription fee. You remain responsible for any uncollected amounts. If a payment is not successfully settled, due to payment method expiration, insufficient funds, the chargeback of a previously valid payment, or otherwise, and you do not cancel your subscription, we may suspend your access to the subscription until we are in receipt of cleared funds from you for the subscription and subsequently cancel it if payment is still not received.
7.2. Discount or promotional codes. We may offer discount, promotions and other types of voucher codes (“Voucher(s)”) from time to time.
7.3. Vouchers may only be used once by you and are not transferable or redeemable for cash. Vouchers may not be copied, reproduced, distributed or published either directly or indirectly in any form or stored in a data retrieval system without our prior written approval.
7.4. Vouchers may only be redeemed through our website and not through any other website or method of communication. If you have a valid Voucher, you will need to enter it in the discount code box on the basket page of the subscription ordering process for it to be applied to your basket. Use of the Voucher will be deemed to confirm your agreement to these terms and conditions and any special terms and conditions attached to the Voucher.
7.5. Unless otherwise stated, Vouchers cannot be used retrospectively, are only redeemable once per customer, and cannot be used in conjunction with other Vouchers or discount codes.
7.6. We reserve the right to withdraw, deactivate or cancel any Voucher for any reason at any time, including excluding the use of Voucher codes for specific products or services that we may offer from time to time. We also reserve the right to reject any Voucher if we suspect breach of these terms and conditions or any fraud.
7.7. Campaigns. We may promote campaigns from time to time. Each campaign has its own terms which will be made clear at the time of issue. In the event of any conflict or inconsistency with any other terms and conditions for such campaigns, the specific terms of the campaign will prevail.
7.8. Campaign offers may be redeemed automatically through our website or the Pret App and not through any other website or method of communication.
7.9. We reserve the right to cancel, amend, withdraw, terminate or temporarily suspend any campaigns for any reason at any time.
7.10. Payment type. Payment can be made by any MasterCard, Visa or American Express debit or credit card.
7.11. Recurring monthly subscription fees. Subject to either you or us exercising our rights to pause, cancel or terminate the subscription, you authorise us to, and accept that we will, charge your original payment method on a recurring monthly basis beginning on the day after your first month of subscription ends and every month thereafter until you cancel or we suspend or terminate your access to the subscription. The recurring subscription fee is £3 per month and will be charged on the same day each month or where you start your subscription on the last day of a month, your recurring payment will be taken on the last day of the following month. For example, if you subscribed on the 6th September, your next payment would be on the 6th October. If you subscribed on the last day of the month, and your billing date is not present in that month (say, the 31st), then the preceding date is selected. Then the renewal shifts back to the original date in the next month. For example if you subscribed on 31st March, your next payment will be on the last day of the following month, 30th April, and subsequently on 31st May, 30th June, etc.
7.12. Each month, after the recurring monthly payment has been received, we will email you to confirm your subscription has been renewed for another month. Unless you pause or cancel your subscription, your subscription will be automatically renewed for successive months at the then-current subscription fee. If you pause your subscription, you may use the subscription until the end of the applicable subscription month and your subscription will then be paused for 31 days, after which your subscription will be renewed for another month as usual. We reserve the right not to renew your subscription at any time without cause. Payment details are stored securely by a third party to allow recurring payment for future recurring payments.
7.13. Payment failure. If payment of a recurring subscription fee fails because there is an issue with the payment method, for example, the debit card has expired, we will contact you via email. You may add, update or change payment cards or other subscription details such as email address and billing address by visiting https://billing.stripe.com/p/login/5kAcNoa2DeLPeME5kk and logging in with your email address.
7.14. Changes to subscription fees. If the amount to be charged for a recurring subscription fee changes from the current fee, we shall provide notice of the amount to be charged and the date of the charge at least forty (40) days before the scheduled date of payment of the recurring subscription fee. If, as a result of the fee change, you want to cancel your subscription, please follow the steps in clause 9.2 below.
8. Pausing your Subscription
8.1. You can pause your subscription at any time. If you decide to pause, this will become effective from the next midnight and shall last for a period of 31 days. Gift Subscriptions may not be paused.
8.2. To pause your subscription open a browser and go to: https://billing.stripe.com/p/login/5kAcNoa2DeLPeME5kk 'manage subscription' then 'pause subscription.' You can also find this link to 'manage your account' in your subscription emails. If you have difficulties pausing your subscription, please get in touch with us.
8.3. When you pause your subscription, it will run for a month by default (a full 31 days) unless you decide to resume earlier.
8.4. Depending on whether you let it run the full 31 days or decide to resume your subscription earlier will affect your next payment date accordingly. This is illustrated with the following two scenarios:
In scenario one, you want to pause for a whole month, so let the default 31 days pause run its course. Let's assume your current billing period is from 13 June to 13 July, and you request to pause your subscription on 25 June. Your subscription will pause on 26 June (the next midnight) and resume on 26 July (precisely 31 days later.) From 26 July until 14 August, you will enjoy the 18 days you have already paid for. And your new billing cycle will run from 14 August to 14 September, with payment taken on both dates.
In the second scenario, let's assume you have the same billing cycle, again the 13 June to 13 July, and decide to pause your subscription on 25 June. Your subscription will pause on the 26 June (the next midnight). But in this scenario, you decide to resume your subscription on 30 June. Your subscription will resume immediately, and your recalculated payment date will be 17 July (which allows for the 18 days you've already paid.) In this example, your new billing cycle will begin on 17 July and run to 17 August (payment date.)
8.5. You will not receive a refund for any part of a month in which you pause, but you will always redeem the days you were already billed for in your billing cycle.
8.6. You may only pause once in each billing cycle.
9. Cancelling your Subscription
9.1. You can cancel your subscription at any time. For paid subscriptions, the cancellation will be effective from the end of the subscription month in which you cancel. Other than as set out in clause 9.5, cancellations are not eligible for refunds. Gift Subscriptions may not be cancelled.
9.2. To cancel your subscription you need to click the ‘manage account’ link provided in any of your subscription renewal emails or go to: https://billing.stripe.com/p/login/5kAcNoa2DeLPeME5kk. You will need to login using your email address and password. You will then be able to view your subscription and cancel it. If you have any difficulties in cancelling your subscription, please contact us using the details at the top of these terms and conditions.
9.3. To cancel your subscription when your subscription is paused, you will need to contact our customer service team in store, and they will help you with this.
9.4. Cancellation will take effect at the end of the subscription month in which you cancel it so you can continue to use your existing subscription until your subscription month has expired. The recurring subscription fee will not be taken from you the following subscription month. You will not receive a refund for any part of a month in which you cancel. For example, if you start your paid subscription on 7th July, cancel it on the 19th July, you can continue to use it until 6th August at which point it will expire.
Clauses 9.5 to 9.9.2 relate to your rights to cancel your subscription and receive a refund (where relevant) if you are acting for purposes that are wholly or mainly outside of your trade, business, craft or profession (a "Consumer"). You can obtain advice about your right to cancel your subscription from your local Citizens' Advice Bureau or Trading Standards Office.
9.5. Under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (the "Regulations") you have the right to cancel your subscription, for any reason, within 14 days of the date of your subscription starting (the “Cooling-off Period”). Please note that this right to cancel will not apply to any monthly renewals of your subscription.
9.6. If you wish to exercise your right to cancel in accordance with clause 9.5, you must contact us to let us know that you are doing so. You may do this by logging in to https://billing.stripe.com/p/login/5kAcNoa2DeLPeME5kk and selecting the option to cancel your subscription or by speaking to a member of our team in store.
9.7. We will send you an acknowledgement of receipt by email.
9.8. If you exercise your right of cancellation in accordance with clause 9.5, this contract will come to an end and we will reimburse to you any payments received from you for your subscription. This may be £0 if your subscription included an initial free month. We will make this reimbursement no later than 14 days after the day on which we are informed about your decision to cancel your subscription. We will make the reimbursement using the same means of payment you use to pay for your subscription, unless you expressly agree otherwise.
9.9. You expressly acknowledge and agree that:
9.9.1. we may give you access to your subscription during the Cooling-Off Period; and
9.9.2. if you exercise the right to cancel set out in clause 9.5:
9.9.2.1. prior to using your subscription, you will receive a full refund (which may be £0 in accordance with clause 9.8);
9.9.2.2. after you have started using your subscription, any refund will be reduced pro rata in accordance with the number of days your subscription has been active.
10. Managing your account
10.1. When you have an active subscription, you will be able to login to your Account by using your email. You will need to visit your account here and enter the email address used for your subscription. Once you have logged in, you are able to:
10.1.1. check your account information and subscription details; 10.1.2.update your address & payment details; 10.1.3. see your billing history and download past invoices; and 10.1.4. pause or cancel your subscription.
11. Our Rights to End the Contract
11.1. If you do not make any payment to us when it is due, we will write to you to remind you that payment is due. If you still do not make payment within 7 days of us reminding you that payment is due, we may end the contract by giving you written notice.
11.2. We may withdraw the subscription. We will write to you to let you know that we are going to stop providing the subscription. We will let you know at least 1 month in advance of our stopping the subscription and will not take any subsequent recurring monthly subscription fees.
11.3. We may cancel your subscription if:
11.3.1. you are in serious breach of these terms and conditions; 11.3.2. you are in serious breach of any other terms and conditions or agreements with us, and we reasonably believe that such breach may prejudice the performance of your obligations under these terms and conditions; 11.3.3. you breach these, or any other, terms and conditions in a way which is not serious but is: (i) repeated; or (ii) not put right within 30 days of us notifying you of the breach; 11.3.4. you engage in anti-social or unacceptable behaviour towards our employees or other customers in our shop.
12. If there is a Problem with the Subscription or the Ordering Process
12.1. If you have any questions or complaints about the subscription, please contact us. You can telephone our customer service team at 01156 849349. Alternatively, please speak to one of our staff in our Long Eaton store
13. Responsibility for Loss or Damage Suffered by You
13.1. Nothing in these terms and conditions limits our liability which cannot legally be limited, including liability for death or personal injury caused by negligence; or fraud or fraudulent misrepresentation.
13.2. Subject to the other provisions of this clause, our liability to you under and in respect of these terms and conditions is limited at the cost of the subscription fees paid by you under these terms and conditions.
13.3. We are not liable for business losses. We only supply the subscription for personal use. If you use the subscription for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
13.4. If we fail to comply with these terms and conditions, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these terms and conditions or our negligence, but 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 it was contemplated by you and us at the time that the contract between you and us for your order became binding (i.e. when the confirmation email for that order was issued).
14. How we may use your Personal Information
14.1. We are committed to protecting your privacy and maintaining the security of any personal information received from you. Any data you submit to us will be held by us in accordance with our Privacy Policy. Our privacy policy can be viewed at: www.thebutchersbarandsteakhouse.co.uk/privacy-policy
16. Other Important Terms
16.1. We reserve the right to update, change, modify or terminate the subscription and these terms and conditions:
16.1.1. immediately on notice to you if there is a change in applicable law or regulation or there are security reasons which mean that we need to change the subscription and/or these terms and conditions; or
16.1.2. effective from the beginning of your next monthly renewal if we need to change the subscription and/or these terms and conditions for any other reason. If you do not agree to any updates, changes or modifications you have the right to cancel this Contract by following the steps in clause 9.1 above.
16.2. We reserve the right to refuse to accept a new subscription order or any monthly renewal if we reasonably believe that you are not complying (or have not in the past complied) with these terms and conditions.
16.3. The Cleaver Coffee Subscription may be used in conjunction with any other promotion run by us unless we specify otherwise.
16.4. If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms and conditions operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
16.5. Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms and conditions, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the subscription, we can still require you to make the payment at a later date.
16.6. We shall not be in breach of these terms and conditions nor liable for delay in performing, or failure to perform, any of our obligations under these terms and conditions if such delay or failure result from events, circumstances or causes beyond our reasonable control (including, without limitation, the outbreak or any re-occurrence of coronavirus (COVID-19) or similar diseases). In such circumstances, we shall be entitled to a reasonable extension of the time for performing such obligations and may:
16.6.1. suspend your subscription for the period during which your subscription cannot be used (for example, because relevant Participating Shops need to be temporarily closed). During such suspension period, we will take no further payments from you under these terms and conditions. In this case, the then current subscription period for your subscription will continue once your subscription can be used again or may be terminated in accordance with clause 16.6.2 below; and
16.6.2. if the period of delay or non-performance continues for a significant period of time, we may terminate your subscription. If we terminate under this clause 16.6.2, we should pay you a pro rata refund of an amount equal to the subscription fee prepaid by you for the period after your subscription has been terminated.
16.7. These terms and conditions are governed by English law. This means that your subscription, and any dispute or claim arising out of or in connection therewith (including non-contractual disputes or claims) will be governed by English law and you agree to the jurisdiction of the Courts of England and Wales in relation to any such dispute or claim. If you live in Scotland you can bring legal proceedings in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal in either the Northern Irish or the English courts.