Terms of service

TERMS OF SERVICE

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OVERVIEW

This website is operated by CoffeeBreak. Throughout the site, the terms “we”, “us” and “our” refer to CoffeeBreak. CoffeeBreak offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

 

SECTION 1 - ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

 

SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

 

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

 

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

 

SECTION 5 - PRODUCTS OR SERVICES (if applicable)

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any colour will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

 

SECTION 6 - MACHINE RENTALS

The Renter must exercise all reasonable care in using the Equipment for their own purpose and further undertakes to use the Equipment for no other purpose whatsoever. The Renter is responsible for daily cleaning of the equipment in line with Velo’s operating guidelines. In the event that the Equipment become damaged in any way whatsoever, the Renter hereby covenants to notify the Owner of the nature and effect of the defect and cease to use the Equipment until further notice from the Owner. In the event the call out is required by user error of the equipment or lack of cleaning, the Renter will be charged the standard call out fee as well as cost of parts as needed.

The Renter must only use coffee purchased from CoffeeBreak in any equipment provided by the Owner during the term of the contract. If, at any point during the rental period, a customer switches to an alternative coffee provider, the machine rental cost will increase by 57%.

See the rental contract Terms and Conditions below:

Definitions and Interpretation.
a) Definitions: In this Agreement:
“Additional Charges” means the additional charges referred
to in clause 16;
“Business Days” means Monday to Friday inclusive,
excluding any days on which the clearing banks are
generally closed in Dublin, Ireland;
“Delivery” the transfer of physical possession of the
Equipment to the Renter at the Location
“Delivery Charges” means the charges specified by the
Owner from time to time for delivering or collecting
Equipment;
“Delivery Date” means the delivery date agreed between
the Owner and the Renter;
“Due Date” means (i) if the Renter is paying by direct debit
on the date in each month specified in the direct debit
mandate and (ii) if the Renter is not paying by direct debit
within 7 days of the date of issue of the Owner’s invoice in
respect of the Hire Charges;
“Equipment” shall include any goods, plant or machinery or
part thereof and any attachments or fittings or
replacements or any other thing rented or hired by the
Renter from the Owner under this Agreement;
"Hire Charges" shall be the charges for rent of the
Equipment as provided in the Hire Contract in the specified
currency, as same may be amended from time to time in
accordance with this Agreement;
"Hire Contract" is the written agreement setting out certain
terms of the Agreement and signed by the Renter;
“Initial Charges” means the amount as provided in the Hire
Contract in the specified currency;
“Liability” means liability for breach of contract,
misrepresentation, restitution or any other cause of action
whatsoever relating to or arising under or in connection
with this Agreement, including liability expressly provided
for under this Agreement or arising by reason of the
invalidity or unenforceability of any term of this Agreement;
“Location” means the location specified in the Hire
Contract; “Loss” means any claim, suit, proceeding,
judgement, loss, liability, cost, expense, fee, penalty or fine
(including attorney’s fees);
“Minimum Contract Period” is such fixed period as is stated
on the first page of the Hire Contract;
“Off Rent Date” means the date when the Equipment
comes back into possession of the Owner and is approved
by the Owner as being in good order or such other date as
has been agreed between the parties;
"Off-Hire Confirmation" means written or electronic
confirmation from the Owner to the Renter that the Owner
has approved the return of the Equipment in good order;
“Rental Period” means the period of hire from the date of
Delivery of the Equipment up to the Off-Rent Date (both
inclusive) all days being subject to the Hire Charges; and
“Repair Agreement” means the agreement to be entered
into by the parties in relation to the repair and maintenance
of the Equipment.
b) Construction: In this Agreement, unless the contrary
intention is stated, a reference to:
i. the singular shall include the plural and vice versa;
ii. either gender includes the other and the neuter, and vice
versa;
iii. a person shall be construed as a reference to any
individual, firm or company, corporation, governmental
entity or agency of a state or any association or partnership
(whether or not having separate legal personality) or two or
more of the foregoing;

iv. a person includes that person’s legal personal
representatives, successors and permitted assigns;
v. any agreement document or instrument is to the same as
amended, novated, modified, supplemented or replaced
from time to time;
vi. a clause or another provision is a reference to a clause or
provision of this Agreement, and any reference to a sub
provision is, unless otherwise stated, a reference to a sub
provision of the provision in which the reference appears;
vii. a law includes any provision of any constitution, statute,
statutory instrument, order, by-law, directive, regulation or
decision of any governmental entity and any judicial or
administrative interpretation of any of the foregoing, in
each case, as amended, revised, modified or replaced from
time to time; and
viii. ‘writing’ shall include a reference to any electronic
mode of representing or reproducing words in visible form.
c) This Agreement shall be construed without regard to the
rule of construction known as “ejusdem generis”, and the
word ‘including’ means comprising, but not by way of
limitation to any class, list or category.
d) References to ‘this Agreement’ mean the Hire Contract
together with the clauses of and the Schedules to this
Agreement, all of which shall be read as one document.
e) Headings and captions are to be ignored in the
construction of this Agreement.
1. Lease of Equipment
On the Delivery Date, the Owner shall lease the Equipment
to the Renter and the Renter shall take the Equipment on
lease in accordance with the terms of this Agreement.
2. Fees and Charges
a) The Renter shall pay to the Owner:
i. the Initial Charges on the date of execution of this
Agreement;
ii. the Installation Fees on the date of execution of this
Agreement;
iii. the Hire Charges on the Due Dates during the Rental
Period; and
iv. the Additional Charges upon the request of the Owner.
b) All amounts payable by the Renter to the Owner under
this Agreement:
i. currency: shall be made in euro;
ii. method: shall be paid by electronic funds transfer to such
bank account of the Owner as it may specify in writing to
the Renter from time to time, or in such other manner as
the Owner may from time to time stipulate;
iii. vat: are exclusive of value added tax and, accordingly, is
to be construed as a reference to that amount plus any
value added tax payable in respect of it; and any such value
added tax shall be paid by the Renter to the Owner in
addition to the amount in question.
iv. no set off: shall be paid in full without any set-off,
counterclaim, deduction, or withholding whatsoever.
c) The Hire Charges as stated or quoted in the Hire Contract
are subject to change on 28 days written notice to be
provided by the Owner to the Renter either before or
during the Rental Period. Without prejudice to the
foregoing the Hire Charges stated or quoted in the Hire
Contract are applicable to the quantity, specification,
delivery dates, length of hire and information provided by the Renter. If the order placed varies or delay is caused by
the Renter's instruction or lack of instruction, the Owner
shall be entitled to adjust the Hire Charges. Additional
charges will apply for the supply and fixing of accessories,
extras or additions.
d) If any amount specified in this Agreement has not been
paid by the Renter to the Owner on its due date for
payment then the Renter will pay to the Owner on demand
from time to time simple interest of 1.5% per month from
the due date of payment until payment in full (as well after
as before any judgment) on the amount outstanding and
such interest shall accrue from day to day.
3. Commencement of Rental/Delivery
a) Subject to the terms and conditions of this Agreement,
the Owner shall supply the Equipment on the Delivery Date
at the Location.
b) Unless the Renter notifies the Owner otherwise by
telephone, fax or email within two hours of the Delivery of
the Equipment to the Location, it shall be deemed to be the
case that the Renter has examined the Equipment, found it
to be in good condition, complete and fit in every way for
the purpose for which it is intended (as specified in the Hire
Contract).
4. Title and Risk
a) The Equipment shall at all times remain the property of
the Owner and the Renter shall have no right, title or
interest to the Equipment save the right to possession and
use of the Equipment subject to the terms and conditions of
this Agreement.
b) The Renter shall not without the written consent of the
Owner, part with possession or control of (including for the
purposes of repair or maintenance), sell or offer for sale,
underlet or lend the Equipment or otherwise assign,
mortgage, charge, pledge or otherwise deal with the
Equipment.
c) The risk of loss, theft, damage or destruction of the
Equipment shall pass to the Renter on Delivery. The
Equipment shall remain at the sole risk of the Renter during
the Rental Period and any further term during which the
Equipment is in the possession, custody or control of the
Renter until such time as the Equipment is redelivered to
the Owner.
5. Insurance
a) During the Rental Period, the Renter shall, at its own
expense, obtain and maintain the following insurances:
i. insurance of the Equipment to a value not less than its full
replacement value comprehensively against all usual risks of
loss, damage or destruction by fire, theft or accident,
insurance for goods in transit, and such other risks as the
Owner may from time to time nominate in writing;
ii. insurance for such amounts as a prudent owner or
operator of the Equipment would insure for, or such
amount as the Owner may from time to time reasonably
require, to cover any third party or public liability risks of
whatever nature and however arising in connection with
the Equipment;
iii. insurance to cover the Renter’s liability or responsibility
and any indemnity to the Owner under this Agreement; and
iv. insurance against such other or further risks relating to
the Equipment as may be required by law, together with
such other insurance as the Owner may from time to time
consider reasonably necessary and advise to the Renter.

b) All insurance policies procured by the Renter shall be
endorsed to provide the Owner with at least twenty (20)
Business Days' prior written notice of cancellation or
material change (including any reduction in coverage or
policy amount) and shall note the interest of the Owner on
the policies as a loss payee in relation to any claim relating
to the Equipment. All monies recovered on foot of any
relevant policies shall be applied at the sole discretion of
the Owner towards the reinstatement and/or replacement
of the Equipment and/or be paid to the Owner to the
extent necessary to discharge the Renter’s liability to the
Owner for the loss, theft, destruction or damage to the
Equipment. The Renter shall be responsible for paying any
deductibles due on any claims under such insurance
policies.
c) The Renter shall give immediate written notice to the
Owner in the event of any loss, accident or damage to the
Equipment arising out of or in connection with the Renter’s
possession or use of the Equipment.
d) If the Renter fails to effect or maintain any of the
insurances required under this Agreement, the Owner shall
be entitled to effect and maintain the same, pay such
premiums as may be necessary for that purpose and
recover the same as a debt due from the Renter.
e) The Renter shall, on demand, supply copies of the
relevant insurance policies or other insurance confirmation
acceptable to the Owner and proof of premium payment to
the Owner to confirm the insurance arrangements.
6. Renter’s Responsibilities
a) The Renter agrees that during the Rental Period it shall:
i. use the Equipment solely for its intended purpose and the
Renter agrees to take all reasonable steps to maintain the
ambient conditions for which the Equipment was designed;
ii. use the Equipment as instructed by the staff of the
Owner or by written communication by the Owner from
time to time; iii. ensure that all people who use the
Equipment during the Rental Period are properly instructed
in its safe and correct use and that they are in possession of
all instructions supplied by the Owner from time to time;
iv. immediately notify the Owner of any breakdown or any
unsatisfactory working of the Equipment;
v. under no circumstances repair or attempt to repair the
Equipment unless authorised in writing by the Owner;
vi. ensure that the Equipment is not misused;
vii. notify the Owner immediately if the Equipment is
involved in any accident resulting in damage to the
Equipment or to other property, or injury to any person;
viii. keep the Equipment at the Location and shall not move
or attempt to move any part of the Equipment to any other
location without the Owner’s prior written consent;
ix. keep the Owner fully informed of all material matters
relating to the Equipment;
x. permit the Owner or its duly authorised representative to
inspect the Equipment at all reasonable times and for such
purpose to enter upon the Location or any premises at
which the Equipment may be located and shall grant
reasonable access and facilities for such inspection;
xi. maintain operating records of the Equipment and make
copies of such records readily available to the Owner,
together with such additional information as the Owner
may reasonably require;
xii. arrange a suitable supply of electricity for use with the
Equipment and under no circumstances should electrical Equipment be used without it being correctly earthed
unless it is of double insulated specification;
xiii. where any part of the Equipment is electrical it should
be used with plugs and/or sockets as fitted;
xiv. be responsible for complying with the requirements of
legislation in force from time to time regarding use of
electrical equipment;
xv. keep acquainted with the state and condition of the
Equipment and ensure that it remains safe, serviceable and
clean and protect the Equipment against the elements,
theft, vandalism or improper use;
xvi. not without the prior written consent of the Owner,
attach the Equipment to any land or building so as to cause
the Equipment to become a permanent or immovable
fixture on such land or building. If the Equipment does
become affixed to any land or building then the Equipment
must be capable of being removed without material injury
to such land or building and the Renter shall repair and
make good any damage caused by the affixation or removal
of the Equipment from any land or building and indemnify
the Owner against all losses, costs or expenses incurred as a
result of such affixation or removal;
xvii. not do or permit to be done any act or thing which will
or may jeopardise the right, title and/or interest of the
Owner in the Equipment and, where the Equipment has
become affixed to any land or building, the Renter must
take all necessary steps to ensure that the Owner may enter
such land or building and recover the Equipment both
during the term of this Agreement and for a reasonable
period thereafter, including by procuring from any person
having an interest in such land or building, a waiver in
writing and in favour of the Owner of any rights such person
may have or acquire in the Equipment and a right for the
Owner to enter onto such land or building to remove the
Equipment;
xviii. not suffer or permit the Equipment to be confiscated,
seized or taken out of its possession or control under any
distress, execution or other legal process, but if the
Equipment is so confiscated, seized or taken, the Renter
shall notify the Owner as soon as possible (and in any event
within 24 hours of such action) and the Renter shall at its
sole expense use its best endeavours to procure an
immediate release of the Equipment and shall indemnify
the Owner on demand against all losses, costs, charges,
damages and expenses incurred as a result of such
confiscation or seizure;
xix. not use the Equipment for any unlawful purpose;
xx. ensure that at all times the Equipment remains
identifiable as being the Owner's property and shall ensure
that a visible sign to that effect is attached to the
Equipment; and
xxi. not do or permit to be done anything which could
invalidate the insurances referred to in clause 5 hereof.
7. Repair Agreement
The parties will enter into the Maintenance Agreement
mentioned in point 5 on or before the Delivery Date.
8. Replacement of Equipment
The Owner reserves the right at its sole discretion to
replace Equipment with replacement equipment of similar
type, age and condition at any time during the Rental
Period and the terms of this Agreement shall apply equally
to the replacement Equipment.
9. General Liability
a) The Owner shall not be liable to the Renter in contract,
tort or otherwise howsoever for any of the following losses
or damage (whether or not such loss or damage was
foreseen, foreseeable, known or otherwise): (a) loss of revenue, (b) loss of actual or anticipated profits, (c) loss of
contracts, (d) loss of the use of money, (e) loss of
anticipated savings, (f) loss of business, (g) loss of
opportunity, (h) loss of goodwill, (i) loss of reputation, (j)
loss of, damage to or corruption of data, or (k) any indirect
or consequential loss howsoever caused (including, for the
avoidance of doubt, whether such loss or damage is of a
type specified in sub-clauses (a) to (k) above) whether
arising out of, or in connection
with, or in relation to the subject matter of this Agreement
or any transaction or matter contemplated by it.
b) The total Liability of the Owner to the Renter for Losses
suffered or incurred by the Renter arising out of, or in
connection with, this Agreement or any matter
contemplated by it, shall in no circumstances exceed the
amount paid by way of Hire Charges by the Renter to the
Owner in the previous 12 months. The limitation of Liability
under this clause 10(b) has effect in relation both to any
Liability expressly provided for under this Agreement and to
any Liability arising by reason of the invalidity or
unenforceability of any term of this Agreement.
c) This Agreement sets forth the full extent of the Owner’s
obligations and liabilities in respect of the Equipment and
its hiring and sale (to the extent that Purchase Option is
exercised) to the Renter. In particular, there are no
conditions, warranties or other terms, express or implied,
including as to quality, fitness for a particular purpose or
any other kind whatsoever, that are binding on the Owner
except as specifically stated in this Agreement. Any
condition, warranty or other term concerning the
Equipment which might otherwise be implied into or
incorporated within this Agreement, whether by statute,
common law or otherwise, is expressly excluded.
d) The Renter accepts all liability and responsibility in
respect of the Equipment and in consideration of the
Owner entering into this Agreement, the Renter shall fully
and completely indemnify and keep indemnified the Owner
(on demand) against, all third party claims and Losses
howsoever arising in relation to the Equipment, including
but not limited to damage to or loss or destruction of any
property or in respect of the personal injury or death of
anybody in any way caused by or relating to the Equipment
or its use except insofar as the injury or death directly
results from the negligence of the Owner, its employees or
agents.
e) The Renter shall be solely responsible for and in
consideration of the Owner entering into this Agreement,
the Renter shall fully and completely indemnify and keep
indemnified the Owner (on demand) against all Losses in
respect of any damage to or loss or destruction of the
property of the Renter or others and in respect of the
personal injury or death of the Renter or his employees or
contractors or any other person in any way caused by or
relating to the Equipment or its use except insofar as any
such injury or death directly results from the negligence of
the Owner its employees or agents.
10.Liability for Loss or Damage to Equipment.
a) The Renter accepts full responsibility for any damage
caused to the Equipment due to misuse, poor positioning or
negligence.
b) The Renter accepts full responsibility to the Owner for
the Equipment and shall fully indemnify and keep
indemnified the Owner on demand against loss (including theft) or damage to or destruction of the Equipment
suffered during the Rental Period from whatever cause the
same may arise, and is fully responsible to the Owner for
the safekeeping of the Equipment and its return in equal
order to the Owner at the end of the Rental Period.
c) Where any item of Equipment is lost, stolen, destroyed or
damaged beyond economical repair the Renter shall pay to
the Owner on demand the full replacement value of such
Equipment and a sum equivalent to any Hire Charges due
and payable, and the Owner shall supply replacement
Equipment to which all these general Terms and Conditions
shall apply.
d) This Agreement shall not be terminated nor shall any
obligations of the Renter under this Agreement be
diminished only by reason of any total or partial loss or of
damage to the Equipment.
11.Return of Equipment
a) It is the Renter's responsibility to return the Equipment
when they have finished using it. The Owner will continue
to charge the Hire Charges until the Renter contacts the
Owner to obtain an Off-Hire Confirmation. An Off-Hire
Confirmation will not issue during the Minimum Contract
Period.
b) The Renter is responsible for the return of the
Equipment and/or for making clear arrangements with the
Owner for the collection of the Equipment at the end of the
Rental Period. The Renter's responsibility ends only when
the Equipment has been returned or collected and the
Renter has the Owner's unqualified receipt or Off-Hire
Confirmation for all of the Equipment.
c) For the avoidance of doubt, the Owner will continue to
charge the Hire Charges in the event that Equipment is
confiscated, seized or taken out of its possession or control
of the Renter under any distress, execution or other legal
process, until such time as the Equipment is returned to the
Owner and an Off-Hire Confirmation has issued.
12.Term
a) This Agreement shall commence on the date set out in
the Hire Contract and, subject to the rights of termination
outlined in this clause 13 and clause 14, shall continue in
full force and effect up to and including the end of the
Minimum Contract Period. Not less than thirty (30) days
prior to the expiry of the Minimum Contract Period either
Party may notify the other Party of its intention to
terminate the Agreement, such notice to take effect on the
expiry of the Minimum Contract Period.
b)Where, upon the expiry of the Minimum Contract Period,
this Agreement remains in force, it shall be automatically
renewed for additional one month periods unless either
Party elects to terminate this Agreement by providing thirty
days’ notice in writing to the other Party.
13.Termination by the Owner
a) The occurrence of an Event of Default shall constitute a
repudiation (but not a termination) of this Agreement by
the Renter (whether, in any case, the occurrence of such
Event of Default is voluntary or involuntary or occurs by
operation of law or pursuant to or in compliance with any
judgement, decree or order of any court or any order, rule
or regulation of any governmental entity).

b) Each of the following shall constitute an Event of Default:
If the Renter:
i. fails to make any payment on the due date for payment;
ii. fails to perform or observe any of the terms and
conditions of this Agreement;
iii. abandons the Equipment or causes or permit to be done
any act or thing which may prejudice the Owner's property
or rights in the said Equipment or does anything whereby in
the opinion of the Owner, the Owner's rights in the
Equipment or under this agreement may be materially or
adversely affected; iv. suffers or permits the Equipment to
be confiscated, seized or taken out of its possession or
control under any distress, execution or other legal process;
v. provides the Owner with any information that is
incorrect, incomplete, inaccurate or untrue;
vi. being an individual, dies or by reason of illness or
incapacity (whether mental or physical), is incapable of
managing his or her own affairs or becomes insolvent or is
the subject of a bankruptcy petition or order;
vii. suspends or ceases, or threatens to suspend or cease,
carrying on all or a substantial part or its business;
viii. being a corporation petitions or has a petition made in
respect of it for a winding up order or suffers such an order
to be made or an effective resolution to be passed for its
winding up (other than for the purpose of a scheme of
reconstruction or amalgamation previously approved in
writing by the Owner) or convenes a meeting of its
members or creditors for the purpose of approving the
passing of such a resolution or making composition or
arrangement with or any assignment for the benefit of its
creditors or agrees such a composition arrangement or
assignment or an encumbrances takes possession or a
Receiver or Examiner is appointed over all or any
undertaking or asset or the Renter is deemed by virtue of
Section 570 of the Companies Act 2014 (as amended) to be
unable to pay its debts.
(each being an “Event of Default”)
c) If an Event of Default occurs, the Owner may at its option
(and without prejudice to any other rights or remedies
which it may have under this Agreement or otherwise), at
any time thereafter:
i. accept such repudiation and by notice to the Renter and
with immediate effect terminate the leasing of the
Equipment to the Renter in which case the Owner’s
obligations under this Agreement shall cease to have force
and effect with effect from the date of termination (but
without prejudice to the continuing obligations of the
Renter under this Agreement), whereupon all rights of the
Renter under this Agreement to possession and use of the
Equipment shall cease; and/or
ii. proceed by appropriate court action or actions to enforce
performance of this Agreement or to recover damages for
the breach of this Agreement; and/or
iii. take possession of the Equipment, for which purpose the
Owner and any persons nominated by it may on reasonable
prior notice enter any premises belonging to or in the
occupation of or under the control of the Renter where the
Equipment may be located or where the Equipment is
located on premises not owned or controlled by the Renter,
notwithstanding termination or repudiation the Renter
covenant that they shall procure that the Owner is granted
access to such premises and to do all acts and things as may
be reasonably required in order to effect such repossession
and redelivery.
14.Consequence of Termination
a) Upon termination of this Agreement, however caused: i. the Owner's consent to the Renter's possession of the
Equipment shall terminate and the Owner may, by its
authorised representatives, without notice and at the
Renter's expense, retake possession of the Equipment and
for this purpose may enter the Location or any premises at
which the Equipment is located; and
ii. without prejudice to any other rights or remedies of the
Owner, the Renter shall pay to the Owner on demand:
A. all Hire Charges and other sums due but unpaid at the
date of such demand together with any interest accrued
pursuant to clause 3(d);
B. when the Agreement has been terminated other than
pursuant to clause 13, the Renter shall pay to the Owner on
demand a sum equal to the whole of the Hire Charges that
would (but for the termination) have been payable if the
Agreement had continued from the date of such demand to
the end of the Minimum Contract Period, less a discount for
accelerated payment at the percentage rate of 5%; and
C. any costs and expenses incurred by the Owner in
recovering the Equipment and/or in collecting any sums
due under this Agreement (including any storage,
insurance, repair, transport, legal and remarketing costs).
iii. The termination of this Agreement shall be without
prejudice to the rights of each of the parties accrued up to
the date of termination.
iv. The provisions of clauses 9 (general liability), 10 (liability
re equipment) and 17-26 (general provisions) together with
any provision of this Agreement that expressly or by
implication is intended to come into or continue in force on
or after termination of this Agreement shall continue to
bind the relevant party or parties without limit in time.
15.Additional Charges
a) In the event of the Renter breaching the terms of this
Agreement the Renter shall be liable for the following costs
and/or charges in addition to any other rights of the Owner
under this Agreement or at law:
i. an administration charge of €15.00 for each direct debit
or cheque payment that is dishonoured;
ii. an administration charge of €75.00 for each letter
dispatched by the owner as a result of non-payment or
breach of this Agreement by the Renter;
iii. an administration charge per visit for each visit made to
the Renter's last known address for the purpose or
ascertaining the reason for non-payment and investigating
any breach of the Agreement; and
iv. such legal costs as are incurred by the owner arising out
of the Renter's breach of the terms and conditions of this
Agreement.
b) Any costs and/or charges due in accordance with this
clause 16 will be payable in the manner set out in clause 3.
The rates of the Additional Charges shall be those from time
to time set by the Owner, a list of the current Additional
Charges being available on request.
16.Force Majeure
The Owner shall not be liable for any default (or deemed to
be in breach of contract) by reason of any delay due to any
circumstance beyond its reasonable control.
17.Dispute Resolution
a) The parties will each use their reasonable efforts to
negotiate in good faith and settle any major or material
dispute that may arise out of or relate to this Agreement. If
any such dispute cannot be settled amicably through
ordinary negotiations by the respective representatives of
the parties within seven (7) Business Days, the dispute shall
be referred to the senior representatives nominated by the

managing director of the Owner and the Renter's managing
director within 1 week of notice from the Owner to the
Renter seeking a meeting of the representatives who will
meet in good faith in order to try and resolve the dispute.
b) If the parties fail to reach agreement in the structured
negotiations within twenty one (21) days of the
representatives being appointed either party may then
refer any dispute to litigation.
18.Whole Agreement
This Agreement constitutes the whole and entire
agreement between the parties in relation to the hire of the
Equipment and supersedes and replaces any terms and
conditions of the Renter contained in any other document
agreement in relation to the rental of the Equipment.
19.Notices
Any notice to be served under this Agreement may be sent
by ordinary prepaid post to the usual or other last known
address of the addressee and if so sent shall be deemed to
have been received 48 hours after posting of same.
20.Variation
Any amendment to this Agreement must be in writing and
duly signed for and on behalf of each of the parties to this
Agreement. For the avoidance of doubt the provisions of
this clause 21 shall not apply in respect of any variation in
the rates of Hire Charges or Additional Charges which may
be amended from time to time by the Owner in accordance
with clause 3 or clause 16 hereof respectively.
21.Confidential Information
The parties agree not at any time during or after the Rental
Period to divulge or allow to be divulged to any person any
confidential information relating to the business or affairs
of the other party to this Agreement except as permitted by
law or with the other party’s consent in writing.
22.Use of Data and Information
a) The owner is the data controller in respect of any
personal data processed under this Agreement.
b) Personal data collected: In the course of entering into
and performing this Agreement, the Owner may
collect and process personal data relating to the
Renter and its personnel, including but not limited to:
name, contact details, billing, information and bank
account information.
c) Purpose of processing: Personal data will be
processed solely for the purposes of: Performing and
administering this Agreement; Managing the Owner’s
business relationship with the Renter; Communicating
with the Renter regarding delivery, invoicing,
payments, or services; Complying with legal
obligations (e.g. accounting, tax, regulatory reporting);
and Resolving disputes or enforcing contractual rights.
d) Lawful Basis for Processing: The legal bases relied
upon for processing personal data include: The
performance of a contract (Article 6(1)(b) GDPR);
Compliance with a legal obligation (Article 6(1)(c)
GDPR); and The legitimate interests of the Owner
(Article 6(1)(f) GDPR), namely the operation and
administration of its rental services.
e) Data Retention: Personal data will be retained for as
long as necessary to fulfil the purposes for which it
was collected, including to satisfy any legal,
accounting, or reporting requirements. In general, this
means for the duration of the rental relationship and up to 6 years thereafter unless a longer retention
period is required or permitted by law.
f) Data Sharing: The Owner may share personal data
with trusted third-party service providers (e.g.
payment processors, delivery/logistics partners, legal
or professional advisors, and IT/cloud service
providers) who act on the Owner's behalf. These third
parties are contractually obliged to keep personal data
confidential and to use it only for the agreed
purposes.
g) Data Subject Rights: The Renter has the following
rights under GDPR, subject to certain conditions: To
access and obtain a copy of their personal data; To
rectify inaccurate or incomplete personal data; To
request erasure of personal data (“right to be
forgotten”); To restrict or object to the processing of
personal data; To data portability (in some
circumstances); To lodge a complaint with the Data
Protection Commission (www.dataprotection.ie).
h) Security: The Owner has implemented appropriate
technical and organisational measures to safeguard
personal data from loss, misuse, unauthorised access,
disclosure, alteration, or destruction.
i) Further Information: For more information on how
the Owner processes personal data, or to exercise
your rights, please contact:
CoffeeBreak.ie
office@coffeebreak.ie | 021 432 3044
Unit 1A Mayfield Business Park, Cork, Ireland, T23
F5XV
23.Law and Jurisdiction
This Agreement and any non-contractual obligations arising
out of or in connection with this Agreement shall be
governed by and construed in accordance with the laws of
Ireland. Each of the parties irrevocably agrees that the
courts of Ireland shall have exclusive jurisdiction to hear
and determine any suit, action or proceedings, and to settle
and disputes which may arise out of or in connection with
this Agreement and, for such purposes, irrevocably submits
to the exclusive jurisdiction of such courts.
24.Rights reserved. Each of the rights of the Owner under this
Agreement may be exercised as often as is necessary, is
cumulative and not exclusive of any other rights which the
Owner may have under this Agreement, law of otherwise.
Any indulgence, extension of time for payment, relaxation
or delay in enforcing the terms of this Agreement on the
part of the Owner shall not prejudice the Owner's rights
hereunder or constitute a waiver of any of the terms or
conditions hereof.
25.Information. The Renter hereby authorises the Owner to
record the fact that the Equipment has been placed and
also to record information regarding this transaction with
the Irish Credit Bureau and such other credit information
bureaus as it may decide. The Owner may search your
record with credit agencies and fraud prevention agencies.
If you give us false or inaccurate information or we suspect
fraud, we will record this with such fraud agencies and/or
credit rating agencies.
26. Assignment. The Owner shall be entitled to assign or
novate all or any of its rights and obligations under this
Agreement to any third party at its absolute discretion.
Without prejudice to the foregoing, the Owner retains its
rights to outsource the collection of monies under this
Agreement.

 

SECTION 7 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

 

SECTION 8 - OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

 

SECTION 9 - THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

 

SECTION 10 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

 

SECTION 11 - PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.

 

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

 

SECTION 13 - PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

 

SECTION 14 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall CoffeeBreak, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

 

SECTION 15 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless CoffeeBreak and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

 

SECTION 16 - SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

 

SECTION 17 - TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

 

SECTION 18 - ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

 

SECTION 19 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.


SECTION 20 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at office@coffeebreak.ie.