Sparkle Saver's Subscription Plan Agreement

IMPORTANT: PLEASE READ THE FOLLOWING TERMS FOR YOUR SUBSCRIPTION PLAN CAREFULLY

1. These Terms

1.1. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide the Sparkle Saver’s subscription service ("Plan") to you, how you and we may change or end the service, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss (see Section ‎2 below).

1.2. These terms together with our website Terms and Conditions, our Privacy Policy and the terms of your selected Plan (these “Terms”), will form our agreement and will govern your use of the Service and where applicable Goods provided under the Plan (both as defined below). By choosing to subscribe to a Plan, you agree to these Terms.

1.3. As used in these Terms, the “Service" means the subscription for the provision of CO2 Gas for SodaStream sparkling water makers (“Machines”), under the terms of your chosen Plan, all as described in these Terms.

1.4. These Terms will apply in addition to, but shall not supersede, any other terms and conditions applicable to the use of: SodaStream cylinders containing the CO2 gas content (“CO2 Gas” and the “Cylinder”), and/or any other supplementary SodaStream product delivered to you for free under your chosen Plan (such supplementary products, together with the CO2 Gas, (the “Goods”).

1.5. When you place your order, you will provide certain personal information to us. Our Privacy Policy forms part of these Terms and will explain how we will collect and use your information. It is important that you read our Privacy Policy in full which can be found on our website by clicking on the following link: Privacy Policy

1.6. We may make changes to these Terms from time to time for any of the following reasons:

1.6.1. a change in permitted payment methods;

1.6.2. a change in delivery process;

1.6.3. to reflect a new or change to applicable law and/or regulatory requirements and/or recommendations including a voluntary code;

1.6.4. a change and/or development to the Service and/or its operation for example including without limit the number of Cylinders in each Parcel;

1.6.5. to make the Terms clearer or more favourable to you; or

1.6.6. to rectify any genuine mistake. As we provide the Services on an on-going basis and we cannot foresee what may change in the future, it is possible that we may need to make changes for other reasons. Except for changes of the types listed above no variation or amendment to these Terms shall be binding unless agreed by both of us.

1.7. Where we make a change to these Terms we will notify you of the change at least 30 days before making a change, unless the change is to your benefit, in which case we may make the change immediately and advise you of it within 30 days of such change. You may exercise your right to terminate your Plan at any time in accordance with section 8 of these Terms if you do not wish to agree to the changes. We will post updated versions of the Terms on the SodaStream website at: https://www.sodastream.co.uk (“our Website”).

1.8. When we use the words "writing" or "written" in these Terms, this includes emails.

2. How to Contact Us

2.1. SodaStream Worldwide Trading Company, trading as SodaStream UK is part of the SodaStream group operating worldwide. Our corporate number is BR007226 and our offices are located at The Limes, 12 Dunstable Street, Ampthill, MK45 2GJ. Our registered VAT number is 819 1952 09.

2.2. In the event you wish to make a complaint or wish to contact us for any other reason you can contact us by telephoning our customer service team at 0800 08858373 (Local Rate) or by writing to us at customer.care-uk@sodastream.com.

2.3. If we have to contact you, we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.

3. The Services

3.1. We will provide you with ongoing CO2 Gas supply using Cylinder exchanges. The exchange will be performed in parcels, each parcel containing such number of Cylinders as required according to your Plan (“Cylinder Parcel”). Upon placing your initial order you will receive your first Cylinder Parcel to the delivery address specified by you while subscribing to your selected Plan and placing your initial order.

3.2. Thirty (30) days after you receive your first Cylinder Parcel (the “Initial Cylinder Parcel”), you may request CO2 Gas refills, by placing an order for the exchange of the Initial Cylinder Parcel and any additional Cylinder Parcel delivered to you under the Plan. Cylinders can only be exchanged in parcels, equivalent to the number of Cylinders received according to the Plan. This means that if you receive four (4) Cylinders in the Cylinder Parcel, you must return four (4) Cylinders. The Initial Cylinder Parcel and any subsequent exchange Cylinder Parcel shall include a Collect + label for the return of either the Initial Cylinder Parcel or any exchange Cylinder Parcel in your possession under the Plan.

3.3. After you receive an exchange Cylinder Parcel you MUST return any Cylinders in your possession that you have received under your Plan (either empty or full) within thirty (30) days using the return label provided to you together with the exchange Cylinder Parcel, using the Collect+ store. To locate the closest depot to your home, please click on the following link https://www.collectplus.co.uk/store-locator?v=2.

3.4. In the event you fail to return all or any part of the used Cylinders, we will contact you and ask you to send the missing Cylinders. Should you fail to return the missing Cylinders within thirty (30) days as set out in Section 3.3 above we will charge you for the missing Cylinders in accordance with Section 8.9 below.

3.5. The Services will be subject to payment of a fee as applicable to your Plan according to the preferred method of payment described in Section 4 below (the “Fee”). 3.6. Payment of the Fee for a consecutive period of twelve (12) months (a “Subscription Period”) will entitle you, during the Subscription Period: (i) to ongoing CO2 Gas supply (up to the Cylinder limit applicable to your selected Plan for each twelve (12) month period) through the Cylinder exchange described in these Terms; (ii) promotional offers which may be made available at the time you subscribe to your Plan or to members from time to time, if any.

3.7. The Services shall continue for as long as you continue to pay the Fee and until terminated in accordance with these Terms. Each Subscription Period will automatically renew for additional consecutive twelve (12) month periods, until either cancelled or terminated according to these Terms (all Subscription Periods together shall be the “Term”).

3.8. If your Plan has concluded before the lapse of a Subscription Period, this could be where you have received all of the Cylinders due to you under your Plan, for example, if you have requested more than two (2) Cylinder exchanges in addition to the Initial Cylinder Parcel, during a twelve (12) month period, you will be required to confirm the renewal of your Plan upon placing the order for the exchange which exceeds your Cylinder allowance under the Plan and pay the Fee for the new Subscription Period. We will contact you prior to such renewal.

3.9. You will ensure that, upon their return, empty Cylinders are in substantially the same condition as when you received them and full Cylinders (if any) are in their original packaging with the original tamper proof seal intact. You shall not be entitled to exchange Cylinders found by SodaStream to be damaged or tampered with in any way and SodaStream may, at SodaStream’s discretion, charge you for such Cylinders as if they were missing Cylinders according to Section 8.9 below.

3.10. Any rights to CO2 Gas refills or exchanges and any other rights existing under your Plan at the end of each Subscription Period will not accumulate to the next Subscription Period during the Term.

4. Payment

4.1. The fee payable for the Plan during the Subscription Period ("Fee") is inclusive of all taxes (including VAT).

4.2. Payments can be made by credit card Visa, MasterCard or American Express and can be made in either one payment at the time you sign up, or in three (3) equal monthly instalments during the first three (3) months of each Subscription Period. If the fee is paid in instalments, the first payment will be made at the time you sign up. You may change your payment method at any time by notifying our Customer Service team at 0800 08858373 (Local Rate) of your preferred method of payment (“Payment Method”).

4.3. You consent to us collecting the Fees and other fees due in connection with the Plan according to the selected Payment Method. You can cancel this authority at any time by notifying us, or your credit card provider. If you contact your credit card provider to cancel this authority, please tell us. You will remain liable for any amounts due under the Plan and will have to pay us by an alternative method as shall be requested by us.

4.4. Any credit card details will be encrypted during all transmissions for security purposes.

4.5. Depending on the payment establishment or payment service provider, payment by credit card may require an authorisation. In the event SodaStream does not receive such authorisation, SodaStream may cancel your Plan and any outstanding order.

4.6. To ensure that your Payment Method is not being used without your consent, we may validate name, address and other personal information supplied by you during the order process against appropriate third party databases in accordance with Section 11 below. In performing these checks personal information provided by you may, in accordance with Section 11 below, be disclosed to a registered credit reference agency which may keep a record of that information. By accepting these Terms, you acknowledge that such checks may be made, all subject to SodaStream’s Privacy Policy.

4.7. No order will be dispatched or delivered until payment is received or payment has been authorised or processed at SodaStream’s discretion. The data registered by our payment system constitutes full proof of the financial transactions. For clarification purposes, the Initial Cylinder Parcel will not be dispatched until payment of the Initial Fee is received by SodaStream.

4.8. If the Fee is not received on the due date due to insufficient funds, or otherwise, and you have not told us that you want to end your subscription, we will make reasonable attempts to contact you to ascertain why the payment has not been made and when you are able to make it. We may attempt to take payment again from your credit card under the payment authority, but no more regularly than every three (3) days until the missed payment is made, but we will not do so if you have asked us not to. In such cases we may, upon giving you reasonable notice in advance, suspend your access to the Service for a period of thirty (30) days in order to allow you to set up a valid Payment Method. This may result in a change to your payment dates. You will remain responsible for any unpaid Fees. In the event you do not set up a valid Payment Method during such thirty (30) day period, SodaStream may terminate your subscription according to these Terms.

5. Orders

5.1. To subscribe to a Plan and use the Service, you must register and create a login for the SodaStream web shop, set up a Payment Method, choose a Plan, read and agree to these Terms and Privacy Policy.

5.2. Orders of CO2 Gas and Cylinder exchanges may take place, either online through our Website or by calling SodaStream customer service at 0800 08858373 (Local Rate).

5.3. Under the Plan, Your order constitutes an offer to SodaStream to buy the Goods(s) and subscribe for the Services included in your order. When you place an order, we will send you an e-mail confirming receipt of your order, containing the details of your order (the "Order Confirmation"). The Order Confirmation is an acknowledgement that we have received your order, it does not confirm our acceptance of your offer to buy the products(s) or the Services ordered.

5.4. Your offer is only deemed accepted when we dispatch the Goods to you.

5.5. Your Plan will commence on the date we dispatch the Initial Cylinders Parcels. We will notify you in writing once we have dispatched your order and the estimated time for delivery.

5.6. To end your Plan or cancel an order you must tell us by either calling 0800 0858 373 or complete the cancellation/ termination form found at our Website at https://sodastream.co.uk/pages/legal and email it to: customer.care-uk@sodastream.com:

5.7. We will send you an acknowledgement of receipt by email.

6. Cancellation during Cooling off Period

6.1. You have a right to cancel your order or Plan anytime up to 30 days from the date you receive your Initial Cylinder Parcel ("Cooling off Period").

6.2. To exercise your right to cancel please notify us of your decision to cancel by contacting us using the contact details set out in these Terms or as shown on our Website.

6.3. To meet the cancellation deadline it is sufficient for you to send your cancellation notice to us before the Cooling Off period has expired.

6.4. If you cancel your Plan during your Cooling off Period you are responsible for returning the Cylinders and any Goods provided under the Plan without undue delay and no later than thirty (30) days of telling us you wish to cancel the agreement. Please follow the returns process stated on our Website. You may return using by using the Collect + labels and returning the parcel to the Collect + store. To locate the closest Collect + plus collection point to your home, please click on the following link https://www.collectplus.co.uk/store-locator?v=2. If you are unsure on how to return the Cylinders and any Goods please contact us.

6.5. If you cancel your Plan during your Cooling off Period, we will refund to you all payments received from you, including the costs of delivery of any Cylinders or Goods provided that the Cylinders or Goods are returned to us unused, in their original packaging and Cylinders are with the original tamper proof seal intact.

6.6. We will issue your refund no later than fourteen (14) days after the day we received the Cylinders and any Goods back, or you provided us with evidence of posting or informed us of your decision to cancel. We will refund you using the same Payment Method you used to place your order.

6.7. You will ensure that, upon their return, Cylinders and any Goods are in substantially the same condition as when you received them, unused and in their original packaging and Cylinders are with the original tamper proof seal intact. You shall not be entitled to receive a refund for any Cylinders or Goods found by SodaStream to have been used, not in their original packaging, their seal removed or that were damaged or tampered with in any way.

6.8. Where Cylinders or Goods returned are found by SodaStream to have been used or not in their original packaging, or tampered with, or their seal has been removed then SodaStream will charge you for the Cylinders, using their retail price in effect at that time, using the same Payment Method you used to place your order. Where on cancellation you are due a refund, then SodaStream may reduce the amount of any refund that may be due to you by an amount equivalent to the cost of the Cylinders.

6.9. Our Website is solely for the promotion of our products and services in mainland UK. Unfortunately, we do not accept orders from or deliver to addresses outside the mainland UK.

7. Delivery

7.1. SodaStream will provide your CO2 Gas refills under the Plan subject to the receipt of the Fee and subject to stock availability, factors beyond SodaStream’s reasonable control and finance validation checks that SodaStream, in its absolute discretion, deems to be necessary and makes as set out in Section 4.

7.2. SodaStream will not be responsible for late delivery under the Plan, or not supplying any part of your order, if this is caused because you did not give us the information we need to process and/or fulfil your order. SodaStream and/or companies authorised by SodaStream may contact you by SMS, telephone and/or email with information regarding your order and delivery in accordance with Section 11 below.

7.3. We list availability information related to the Goods on our Website. Beyond what we state on our Website, we cannot be more specific about availability. As we process your order, we will inform you by e-mail as soon as possible if any Goods you order turn out to be unavailable and you will not be charged for those Goods.

7.4. In the event that CO2 Gas or stocks of Cylinders turn out to be insufficient for all deliveries to be affected on a certain time for reasons beyond its control, you agree that SodaStream is entitled to defer delivery at SodaStream’s discretion. SodaStream will act reasonably and will do its best to fulfill the orders on time.

7.5. Please note that unless otherwise stated on the website, delivery estimates are not guaranteed delivery times and should not be relied upon as such.

7.6. We will not be held responsible for any delay or failure to comply with our obligations under these Terms if the delay or failure arises from any event or situation which is beyond our reasonable control. If an event of this sort occurs then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. If there is a risk of substantial delay you may contact us to end our agreement and receive a refund for the Fee actually paid by you from the date you place your order for any undelivered Goods or Services and until the effective time you end your agreement with us. This condition does not affect your right to have the Goods and Cylinder Parcels sent to you within a reasonable time.

7.7. You may contact SodaStream’s Customer Support: customer.care-UK@sodastream.com for information regarding delivery dates and status.

8. Ending your Subscription

8.1. Without affecting your right of cancellation during the Cooling Off Period under section 6 you may terminate your Plan at any time by notifying us by email, calling us or by writing us.

8.2. If you terminate the Plan during a Subscription Period (a) without ordering CO2 Gas refill and exchange Cylinder Parcels (i.e. you only received the Initial Cylinder Parcel under the Plan); and (b) without using the extended warranty rights under Section 10.3; then your account will automatically close and we will refund you the pro rata portion of the Fee for any remaining months under the Subscription Period. For illustration purposes only, if the Subscription Fee is GBP £ 99.99, and you cancelled the Plan, without any Cylinder Parcel exchange and without using the extended warranty, after four (4) months (i.e. eight (8) full months of the Subscription Period remain), then we will refund you as follows: (GBP £99.99 divided by 12) multiplied by 8 = GBP £ 66.66. In this example, you would be entitled to a refund of GBP £ 66.66.

8.3. If you choose to terminate your Plan after the Cooling Off Period and you have either (a) placed an order for CO2 Gas refill and received an exchange Cylinder Parcel; or (b) used the extended warranty rights under Section 10.3, your account will be closed and you will not be entitled to any refund.

8.4. If you terminate your subscription to your Plan under this Section you will remain responsible for any Missing Cylinders and you will be required to pay for such missing Cylinders as stated in Section 8.11 and 8.10 below. We may offset the fee for any Missing Cylinders from any refund due to you under Section 8.2 above, if any.

8.5. SodaStream reserves the right to terminate your Plan in the event of the Following:

8.5.1. your Payment Method fails according to Section 4.8 above and you do not make any payment when it is due and you still do not make payment within three (3) days of us reminding you that payment is due;

8.5.2. we are not able to validate your personal information and delivery address;

8.5.3. address change to an area in which there is no carrier coverage (i.e. Scotland, Ireland or any other area outside the UK mainland);

8.5.4. you do not comply with these Terms; or

8.5.5. you are engaged in illegal or fraudulent use of the Services or Goods;

8.6. Upon termination of your Plan for any reason whatsoever, you will return all Cylinders in your possession no later than thirty (30) days following such termination. Please call customer services on 0800 0858 373 or email us at customer.care-UK@sodastream.com for a return label.

8.7. SodaStream agrees to pay the costs of Cylinder returns solely in the event of the following:

8.7.1. the Goods are defective;

8.7.2. there is a delay in delivery due to events outside our control;

8.7.3. SodaStream terminates the Services for all its customers.

8.8. If you are responsible for the costs of return and we are collecting the Cylinders from you we will charge you the direct cost to us of collection.

8.9. To the extent there are missing or damaged Cylinders, or in the event that no Cylinders are returned to us in a satisfactory and re-useable condition according to these Terms of Use (the “Missing Cylinders”), you agree to pay us the value of an empty Cylinder (without the CO2 Gas contents) in amount equal to £10 for each missing Cylinder.

8.10. A Cylinder that is not returned in good and usable condition according to Section 3 above or which is not returned within thirty (30) days from the end of the Term shall be regarded as a missing Cylinder.

8.11. You agree that SodaStream may its discretion (which shall not be unreasonably exercised) charge you any amount that is due and payable under the Plan and these Terms using your selected Payment Method. Amounts due may include without limit Missing Cylinders.

9. Cylinder Ownership

9.1. The Cylinders containing CO2 Gas are provided to you on loan solely to enable you to receive the CO2 Gas contents during the Term. You hereby acknowledge that the Cylinders will remain at all times the sole and exclusive property of SodaStream. You and/or anyone on your behalf will not have and/or claim to have any additional rights with respect to the Cylinders other than the usage rights specifically granted under these Terms.

9.2. To protect your safety and health, the Cylinders shall be refilled and maintained solely by SodaStream and you will return empty Cylinders to SodaStream for CO2 Gas refills and maintenance purposes. Unauthorised refilling of Cylinders by third parties could be risky, may violate the law and infringes SodaStream's rights.

10. Our responsibility for loss or damage suffered by you.

10.1. Please see the applicable warranty documentation attached to each of the Goods and the Cylinders. This information is also posted on our Website www.sodastream.co.uk, which is without prejudice to any of your statutory legal rights as provided for in the legislation on the sale of consumer goods.

10.2. Our warranty for the Cylinders will only apply to Cylinders refilled by SodaStream and bearing a SodaStream tamper proof valve seal.

10.3. Should you own any one of the following Machines: Power, Crystal, Spirit One Touch, Spirit, Source, Jet, Cool, Play and Genesis and if during the Term you register your Machine on our Website at https://sodastream.co.uk/pages/register-your-product, you will be entitled to the benefit of a warranty for an extended period, so that your warranty for the Machine will apply until the earlier of: (i) the lapse of the Term; (ii) ten (10) years from the date the warranty agreement for your Machine was executed. Please be advised that you will not be able to enjoy the extended warranty during the first 30 days following the date your first Subscription Period commenced.

10.4. We will only be responsible for loss or damage you suffer that is a foreseeable result of us breaking these Terms or our failing to use reasonable care and skill. We are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time our agreement was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.

10.5. We do not exclude or limit our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; and for breach of your legal rights in relation to the Service or Goods. For example, we are not permitted to exclude our liability to you if the Service or Goods we supply are not of satisfactory quality, or are not fit for purpose or do not match the description.

11. How we will use your personal information

11.1. We will use personal information you provide to us in accordance with our Privacy Policy: to supply the Services and Goods to you (and, in this context, to process payment of the Fee); and to give you information about similar products and services that we provide, You may stop receiving this at any time by contacting us at customer.care-UK@sodastream.com.

11.2. We will only give your personal information to other third parties where the law either requires or allows us to do so, in accordance with our Privacy Policy.

12. Miscellaneous

12.1. This agreement is between you and us. No other person shall have any rights to enforce any of its terms.

12.2. These Terms are governed by and shall be construed in accordance with the laws of England and Wales which means that you may bring a claim to enforce your consumer protection rights in connection with these Terms in England or Wales. If you live in Scotland you can bring legal proceedings in respect of these Terms in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of these Terms in either the Northern Irish or the English courts.

12.3. We do not sell products for purchase by children. You must be at least eighteen (18) years old and a resident in the UK.

12.4. To find more information about our Service or if you need assistance with your account, please contact customer.care-UK@sodastream.com.

12.5. In the event of any conflict between these Terms and information provided by Customer Support or other portions of our website, these Terms will control with respect to the Plan.

12.6. If a court finds part of this agreement illegal, the rest will continue in force. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs, including part of any remaining paragraph will remain in full force and effect.

12.7. If we do not insist immediately that you do anything you are required to do under these Terms, 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 products, we can still require you to make the payment at a later date.

12.8. We will send you information relating to your account (e.g. payment authorisations, invoices, changes in password confirmation messages, notices) in electronic form only, for example, via emails to your email address that you provided during registration or through your account on the website.

12.9. We reserve the right to transfer our rights or obligations under this agreement to any company, firm or person provided this does not affect your rights under this agreement. We will notify you thirty (30) days before doing so.

12.10. This agreement is personal to you. You may not transfer your rights or obligations under this agreement to anyone else, and no third party is entitled to benefit under this agreement.