BREVILLE TERMS OF USE AND SALE
Last Updated: May 2026
These Terms of Use and Sale (“Terms”) apply to your access to, purchase of, and use of the Products and Services of Breville USA, Inc. and our affiliates including the brands Baratza, Beanz, Breville Commercial, ChefSteps, Lelit and others (collectively “Breville,” “we,” “us,” or “our”).
PLEASE READ THESE TERMS OF USE AND SALE CAREFULLY, INCLUDING THE MANDATORY ARBITRATION PROVISION IN SECTION 20 FOR RESIDENTS OF THE UNITED STATES. IF YOU RESIDE OUTSIDE OF THE UNITED STATES, THESE TERMS MAY NOT APPLY TO YOU, OR DIFFERENT OR ADDITIONAL TERMS MAY GOVERN YOUR USE OF OUR PRODUCTS AND SERVICES. PLEASE VISIT THE BREVILLE WEBSITE FOR YOUR COUNTRY OF RESIDENCE FOR THE APPLICABLE TERMS AND CONDITIONS.
BY CLICKING TO INDICATE YOUR ACCEPTANCE TO THESE TERMS OF USE AND SALE, OR OTHERWISE ACCESSING, PURCHASING OR USING OUR PRODUCTS AND SERVICES (DEFINED BELOW), YOU AGREE TO BE BOUND BY THESE TERMS OF USE AND SALE AND ALL TERMS REFERENCED HEREIN (for example Breville's Privacy Notice and Promotional Terms and Conditions). IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT ACCESS, PURCHASE OR USE OUR PRODUCTS OR SERVICES.
The term "Products" means any hardware and physical devices, or any tangible food or drink products (e.g. coffee beans) sold by Breville. The term "Services" refers to our websites, mobile applications, connected appliances’ software and other online products and services (some of which are paid subscription services). These Terms do not alter in any way the terms or conditions of any other agreement you may have with us with respect to any Products, Services or otherwise. If you are using the Products or Services on behalf of any entity, you represent and warrant that you are authorized to accept these Terms on such entity's behalf and that such entity agrees to be responsible to us if you or such entity violates these Terms.
Breville reserves the right to change or modify these Terms at any time and in our sole discretion. If we make changes to these Terms, we will provide notice of such changes, such as by sending an email notification, providing notice through the Services or updating the "Last Updated" date at the beginning of these Terms. Your continued use of the Services will confirm your acceptance of the revised Terms. We encourage you to frequently review the Terms to ensure you understand the terms and conditions that apply when you access or use the Services. If you do not agree to the revised Terms, you must not access or use the Services. Any changes we make will not affect your rights with respect to Products you have already purchased or orders you have already placed.
1. Privacy Notice
Please refer to our Privacy Notice for information about how we collect, use and disclose information about you.
1.1 Electronic Communications. By using the Services, you consent to receiving electronic communications from us, including notices, agreements, disclosures, and other communications that we are required by law to provide to you in writing. You agree that communications provided electronically satisfy any legal requirement that such communications be in writing, subject to the disclosures and rights set forth in this Section 1.
1.2 Your Right to Paper Copies. You have the right to receive any legally required notice or disclosure in paper form. To request a paper copy, contact us at support@breville.com or 1-866-BREVILLE (1-866-273-8455). Paper copies will be provided at no charge.
1.3 Withdrawal of Consent. You may withdraw your consent to receive electronic communications at any time, without charge, by contacting us at support@breville.com or 1-866-BREVILLE (1-866-273-8455). Withdrawal of consent will not affect the legal validity of any electronic communication provided before withdrawal. If you withdraw your consent, we may not be able to provide you with certain features of the Services that require electronic communication, and we reserve the right to terminate or restrict your access to those features.
1.4 Scope of Consent. Your consent applies to all legally required communications relating to your use of the Products and Services, including transaction confirmations, warranty disclosures, subscription and auto-renewal notices, account notifications, and any other records we are required by law to provide to you in writing.
1.5 Updating Your Contact Information. To update the email address or other contact information at which you receive electronic communications, log into your Breville account and update your profile settings, or contact us at support@breville.com.
1.6 Hardware and Software Requirements. To access and retain electronic communications, you will need: (a) a device with internet access; (b) a current version of a commonly used web browser (e.g., Chrome, Safari, Firefox, or Edge); (c) a valid email address; and (d) sufficient storage space or a printer to retain copies of communications for your records. If these requirements change in a way that creates a material risk that you may not be able to access or retain electronic records, we will notify you of the revised requirements and your right to withdraw consent without charge or any undisclosed condition or consequence, and we will obtain your renewed consent.
1.7 Confirmation of Access. By consenting to these Terms, you confirm that you have access to the hardware and software described in Section 1.6 and can receive and retain electronic communications in the formats we use.
2. Additional Terms
When you use our Products and Services, your use is subject to the applicable terms and conditions for those Products and Services. For example, when you use, download, install or otherwise use our mobile applications, your use is subject to our End User License Agreement.
3. Eligibility; Registration and Account; Required Equipment, ISP and Carrier
3.1 Eligibility
The Services are not targeted toward or intended for use by anyone under the age of 16. In addition, if you are between the ages of 16 and 18 (or between 16 and the age of legal majority under applicable law), you may only use the Services under the supervision of a parent or legal guardian who agrees to be bound by these Terms. By using the Services, you represent and warrant that you (a) have not been previously suspended or removed from the Services, or engaged in any activity that could result in suspension or removal from the Services, and (b) have full power and authority to enter into these Terms and that in so doing, will not violate any other agreement to which you are a party.
3.2 Registration and Account
In order to access and use certain areas or features of the Services, you will need to register for a Breville account and/or create a profile. When registering for an account, you cannot create an account name that incorporates a trademark without authorization from the trademark owner. We reserve the right to reclaim account names on behalf of any business or individual that holds legal claim, including trademark rights, in those names. By creating an account, you agree to (a) provide accurate, current and complete account information, (b) maintain and promptly update your account information from time to time as necessary, (c) maintain the security of your account credentials, (d) be responsible for the acts or omissions of any third party you authorize to access or use your account and the Services, and (e) immediately notify us if you discover or otherwise suspect any security breaches related to the Services or your account.
3.3 Required Equipment, ISP and Carrier
You acknowledge that the availability of certain Services depends on (a) your computer, mobile phone or tablet, home wiring, home Wi-Fi network, Bluetooth connection, and other related equipment ("Equipment"), (b) your Internet service provider ("ISP"), and (c) your mobile phone or tablet service carrier ("Carrier"). You agree that you are responsible for all fees charged by your ISP and Carrier in connection with your use of the Services and that you are responsible for complying with all agreements and other policies of your ISP and Carrier. You further acknowledge and agree that your interactions with your ISP and Carrier are solely between you and such third parties, and that Breville is not responsible or liable in any manner for such interactions.
4. Terms of Sale
4.1 Price and Availability
All prices are listed in U.S. dollars unless otherwise indicated. Prices do not include applicable taxes (as defined below), shipping and handling charges, or other fees, unless we expressly state otherwise or are required by law to include them.
Prices for Products and Services are subject to change at any time without notice. However, price changes will not affect orders that have already been placed and confirmed.
All Products and Services are subject to availability. Some items displayed on the Services may be for promotional purposes only and may not be available for purchase. We reserve the right to limit quantities, reject any order (in whole or in part), and discontinue any Product or Service at any time, without prior notice.
4.2 Payment and Billing Information
By providing a credit card or other accepted payment method, you represent and warrant that the payment information is accurate, that you are authorized to use the designated payment method, and that you authorize us (or our third-party payment processor) to charge your payment method for the full amount of your order, including any applicable taxes and other charges. You agree to promptly update your payment information if it changes. If your payment method cannot be verified, is invalid, or otherwise unacceptable, we may suspend or cancel your order. You must resolve any issues related to your selected payment method before we can proceed with your order.
Please note that when we process your payment, some credit card issuers may place a temporary authorization hold on your account for the first transaction. For more information, please contact your credit card provider directly.
The presentation of Products and Services on the Services does not constitute a binding offer, but rather an invitation to place an order. A binding contract of sale is formed only upon completion of the online purchase process and our confirmation of the order. You may update your cart or cancel your order at any point prior to completing checkout. We will not begin processing or delivering your order until we have received full payment.
We reserve the right, in our sole discretion, to refuse or cancel any order at any time. Payment must be received in full before an order is accepted. Products sold through the Services are intended for end users only and are not for resale or export.
4.3 Taxes
To the fullest extent permitted by applicable law, you are responsible for any sales, use, value-added or other governmental taxes, fees or duties (collectively, "Taxes") due with respect to your purchase and use of Products or Services. Orders placed outside the U.S. may incur Taxes as determined by the customs agency within the destination country. Assessment of Taxes is generally based upon the value of the order and the Tax-free threshold (if applicable) for goods imported into the destination country. We will collect applicable Taxes if we determine we have a duty to collect Taxes. Please note that we do not collect Taxes on merchandise shipped to jurisdictions in which we do not have substantial nexus. For our U.S. users, the actual Taxes charged and collected may differ from the amount shown at checkout. Several factors may cause this difference, such as variances between processor programs and changes in Tax rates.
4.4 Shipping, Risk of Loss and Delivery
You agree to pay any shipping and handling charges shown at the time you make a purchase. We reserve the right to increase, decrease, add or eliminate shipping and handling charges from time to time, but we will provide notice of the charges applicable to you before you make your purchase. Any delivery dates or times shown as part of the checkout process are estimates only and are not guaranteed. Unless we state otherwise, risk of loss or damage to a Product passes to you upon delivery of the Product to your specified delivery location. We reserve the right to restrict delivery to addresses within the U.S. If you have any questions or concerns regarding shipping, please contact us at: info@breville.com.
4.5 Returns and Refunds
Please refer to our Returns Policy. For further information on warranty related claims, please refer to Breville Warranty Policy.
Breville Contact Information
Online Form | |
Hours of Operation | 9am to 5pm (Pacific Time) |
Office Address | 19400 S. Western Ave. |
4.6 Third-Party Products Purchased from Third-Party Sellers
We may provide the ability to purchase products from third-party sellers through the Services, in which case, we act as an intermediary only. If you purchase a product from a third-party seller, your purchase will be governed by the terms and policies of that third party. We are not the sellers of such products and are not a party to the sale of these products; therefore, we do not make any representations or warranties in terms of that product, nor do we accept returns or issue refunds for such products.
4.7 Errors
We strive to provide accurate and up-to-date information on our Services, including product descriptions, pricing, and availability. However, we do not guarantee that all information is complete, current, or free of errors. In the event of an error—whether in description, pricing, or other content—we reserve the right to correct it and update your order accordingly (including adjusting the price), or to cancel the order and issue a full refund. We also reserve the right to cancel any order resulting from typographical errors, system issues, or incorrect pricing.
5. Subscription Services
5.1 Overview
Breville offers a range of paid subscription services. For example, the “StudioPass” subscription includes access to online cooking classes, demonstrations, and a corresponding provision of recipes and related services. StudioPass subscribers may also interact with online instructors and teaching assistants. These individuals are not employees of Breville, and we are not responsible for any content or information they provide through the Services.
Beanz.com also offers periodic coffee bean deliveries (“Beanz subscriptions”). These coffee beans are provided by independent roasters, and we are not responsible for their fitness, quality or suitability. We hereby disclaim any liability in connection with the merchantability or defects, if any, of any orders or purchases via your Beanz.com subscription.
5.2 Pricing
Paid subscription Services are subject to fees as specified in the applicable subscription offer. Subscription billing may take one of the following forms:
(a) Recurring Fee Subscriptions. Some subscriptions, such as StudioPass, are billed at a fixed recurring fee on a periodic basis, such as monthly or annually. Before you provide your billing information, we will clearly and conspicuously disclose: (i) the fact that your subscription will automatically renew unless you cancel; (ii) the length and terms of each renewal period; (iii) the amount or range of costs you will be charged and, if applicable, the frequency of those charges unless you take timely steps to stop them; (iv) the deadline by date or frequency by which you must act to prevent or stop further charges, if applicable; (v) the cancellation policy and the method(s) by which you may cancel, including, where the disclosure is electronic, a link that directs you to the cancellation process; and (vi) any minimum purchase obligation.
(b) Per-Shipment Subscriptions. Some subscriptions, such as Beanz, do not carry a fixed recurring subscription fee. Instead, you are charged for each individual shipment under an ongoing delivery arrangement that continues until you cancel. For per-shipment subscriptions, before each scheduled shipment, we will send you a notice to the email address associated with your account identifying: (i) the product(s) to be shipped; (ii) the amount you will be charged; and (iii) the scheduled shipment date. You may cancel or skip the upcoming shipment at no cost by following the cancellation or skip instructions in the notice within 48 hours of receiving it, or such longer period as may be specified in the notice. If you do not cancel or skip within the specified period, we will process the shipment and charge your payment method on file for that shipment. You may cancel the ongoing delivery arrangement entirely at any time using the cancellation methods described in Section 5.6.
The pre-shipment notice described in subsection (b) is provided in addition to, and does not replace, any consent, disclosure, acknowledgment, or reminder obligations set forth elsewhere in this Section 5, including the state-specific provisions in Section 5.9.
(c) General Billing Terms. By providing your billing information and completing your subscription enrollment, you confirm that you have reviewed and expressly consent to the automatic renewal, continuous service, or per-shipment offer terms described above. We will provide advance notice of any changes to applicable fees as described in this Section 5 and the state-specific provisions in Section 5.9. By continuing to use the paid Services after a fee change takes effect, you agree to pay the updated fee, unless you exercise your right to cancel.
5.3 Availability
All subscription products are subject to availability. If your selected Beanz.com subscription item becomes unavailable, we will notify you and ask you to choose from alternative coffee options that, in our judgment, most closely match your original selection in style and price. If you do not select one within the timeframe specified in our notice, we may either send the option we believe is the best available substitute or pause your subscription until you make a selection. You may return any substitute product you did not request at our expense and in accordance with our Returns Policy.
5.4 Free Trails
We may provide a free trial (a “Free Trial”) or discount period (a “Discount Period”) to allow new subscribers to try a particular subscription. We reserve the right, in our absolute discretion, to determine your Free Trial or Discount Period eligibility, and we may limit its eligibility or duration. We reserve the right to revoke the Free Trial or Discount Period and put your account on hold if we determine that you are not eligible. We may use information such as device ID, method of payment, or an account email address to determine eligibility. Additional restrictions may apply when combining offers.
AUTOMATIC RENEWAL NOTICE: BY ENROLLING IN A FREE TRIAL OR DISCOUNT PERIOD, YOU AGREE THAT YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW AND YOU WILL BE CHARGED THE APPLICABLE SUBSCRIPTION FEE PLUS TAXES UNLESS YOU CANCEL BEFORE THE END OF THE TRIAL OR DISCOUNT PERIOD.
If the offer includes a free trial, free gift, discount period, or promotional price, we will clearly and conspicuously disclose how and when the price will change, the price or prices that will be charged after the trial, gift, discount, or promotional period ends, and how to cancel before you are charged.
We will send you a reminder notice before your Free Trial or Discount Period ends and billing begins where required by applicable law. This notice will be sent within the time period required by applicable law, to the email address associated with your account or through another method by which you are accustomed to interacting with us, and will include: (i) the date your trial or discount period ends; (ii) the amount you will be charged; (iii) instructions for cancellation; and (iv) a direct link to cancel your subscription, if the notice is sent electronically.
You have the right to cancel your subscription at any time before the end of your Free Trial or Discount Period without being charged. Access to the Free Trial or Discount Period will end immediately upon cancellation during the Free Trial or Discount Period, unless otherwise stated in the applicable offer or required by applicable law.
5.5 Automatic Renewal and Consent
Following your Free Trial, Discount Period, or initial subscription term, your subscription will automatically renew on a recurring basis at the then-current Subscription Fee until you cancel or we terminate it. By completing enrollment, you expressly authorize us to charge the current valid payment method you have provided for each renewal period. Before charging you for an automatic renewal, continuous service, or per-shipment subscription, we will obtain your affirmative consent to the agreement containing the applicable automatic renewal or continuous service offer terms, including any promotional or discounted terms. We will also obtain your express affirmative consent to the automatic renewal or continuous service offer terms where required by applicable law.
We will provide you with a retainable acknowledgment, for example, a confirmation email, promptly following your enrollment that includes: (a) the automatic renewal or continuous service offer terms; (b) the cancellation policy; and (c) information regarding how to cancel your subscription. We will maintain verification of your affirmative consent for the period required by applicable law.
5.6 Cancellation
You may cancel your subscription at any time. To cancel:
(a) Online: Visit the “Subscription” page in your account on our website and follow the cancellation instructions;
(b) Phone: Call us at 1-866-BREVILLE (1-866-273-8455); or
(c) Online Support: Visit https://support.breville.com.
If you accepted a subscription offer online, you may cancel online through your account or by using another online cancellation method we provide. If applicable law requires cancellation to be available in the same medium you used to subscribe, or through each medium by which we allow subscription consent, we will make those cancellation methods available. If we provide a toll-free telephone number for cancellation, we will answer calls promptly during normal business hours and will not obstruct or delay your ability to cancel. If you paid through a third-party payment provider and wish to cancel your subscription, you may also need to cancel through that third party, for example, by visiting your account with the applicable third party and turning off auto-renew, or unsubscribing through that third party.
If you cancel, you are responsible for the full Subscription Fee for the billing period during which you canceled, and you will continue to have access to your subscription benefits until the end of that period. You must cancel before your subscription renews to avoid being billed for the next period.
We will not charge your payment method after you have properly canceled your subscription. If you are charged after cancellation due to our error, we will provide a full refund within 5 to 7 business days of notification, except to the extent a different remedy or timing is required by applicable law. We will provide confirmation of cancellation where required by applicable law.
5.7 Refunds and Billing Disputes
Except as otherwise required by applicable law or as expressly set forth in these Terms, Subscription Fees are non-refundable, and we do not provide refunds or credit for partial periods or unused Services.
If, for any reason, you do not pay any Subscription Fee when due: (i) you remain liable for the Subscription Fee as well as any costs we incur in collecting it, including attorneys' fees; (ii) you authorize us to continue charging your chosen payment method; and (iii) we may suspend or terminate your access to the Services.
To the extent permitted by applicable law, if you believe you have been charged in error, you must notify us within 60 days of the applicable charge. Your sole remedy for charges made after valid cancellation due to our error will be a refund for the overcharged amounts, except to the extent a different remedy is required by applicable law.
5.8 Material Changes and Fee Changes
In the case of a material change to the terms of your subscription, we will provide you with clear and conspicuous notice of the change and information regarding how to cancel in a manner capable of being retained by you. In the case of a change in the fee charged under your existing subscription, we will provide notice of the fee change before it takes effect, together with information regarding how to cancel, as further described in the state-specific provisions below.
5.9 State-Specific Subscription Rights
The following provisions apply in addition to the general terms above. To the extent any state-specific provision below provides you with greater rights or protections than the general terms, the state-specific provision controls.
5.9.1 If You Are a California Resident
Your subscription rights are governed in part by the California Automatic Renewal Law, Cal. Bus. & Prof. Code §§ 17600-17606, as amended by AB 2863. In addition to the general terms above:
(a) Affirmative Consent. We will obtain your express affirmative consent to the automatic renewal or continuous service offer terms before charging you. We will not include any information in the enrollment process that interferes with, detracts from, contradicts, or otherwise undermines your ability to provide informed consent.
(b) Pre-Billing Disclosure. Before confirming your billing information, we will clearly and conspicuously disclose the amount or range of costs you will be charged, the frequency of charges, the length and terms of the renewal period, any applicable deadline by which you must act to prevent or stop further charges, the cancellation policy, the method(s) by which you may cancel, and any minimum purchase obligation.
(c) Retainable Acknowledgment. Promptly following your enrollment, we will provide you with a retainable acknowledgment, for example, an email confirmation, that includes the automatic renewal offer terms, cancellation policy, and information regarding how to cancel. If your subscription includes a Free Trial, the acknowledgment will also disclose how to cancel before you are charged.
(d) Annual Reminder. If required by California law, we will send you an annual reminder disclosing: (i) the product or service to which your automatic renewal or continuous service applies; (ii) the frequency and amount of charges; and (iii) the means to cancel. This reminder will be sent in the same medium through which you enrolled or in which you are accustomed to interacting with us.
(e) Fee-Change Notice. If we change the fee charged under your existing subscription, we will provide you with clear and conspicuous notice of the fee change, together with information regarding how to cancel, no less than 7 days and no more than 30 days before the fee change takes effect.
(f) Online Cancellation. If you enrolled in your subscription online, you may cancel exclusively online, at will, and without engaging any further steps that obstruct or delay your ability to cancel immediately. We will provide a prominently located direct link or button for cancellation within your account or user settings. If, during the cancellation process, we present you with a discounted offer, retention benefit, or information regarding the effects of cancellation, we will simultaneously display a prominently located direct link or button titled “click to cancel” or words to that effect. If you click that link or otherwise state your intention to cancel, we will promptly process your cancellation without obstruction or delay.
(g) Additional Cancellation Methods. You may also cancel by calling us at 1-866-BREVILLE (1-866-273-8455). This number is displayed on our website. We will answer calls promptly during normal business hours and will not obstruct or delay your ability to cancel. If you leave a voicemail requesting cancellation, we will either process the cancellation or call you back within one business day.
(h) Free Trial and Promotional Reminders. If required by California law, we will send you a reminder before the end of a Free Trial or promotional or discounted period, clearly stating that your subscription will automatically renew unless you cancel, the method by which you can cancel, and the amount you will be charged.
(i) Consent Records. We will maintain verification of your affirmative consent for at least 3 years, or 1 year after the termination of your subscription, whichever period is longer.
(j) Confirmation of Cancellation. Upon cancellation, we will provide you with a confirmation of your cancellation.
5.9.2 If You Are an Illinois Resident
Your subscription rights are governed in part by the Illinois Automatic Contract Renewal Act, 815 ILCS 601/10, as amended. In addition to the general terms above:
(a) Pre-Consent Disclosure. Before obtaining your consent, we will clearly and conspicuously disclose the automatic renewal offer terms, including that your paid subscription or purchasing agreement will continue until you cancel, the timeframe in which you must cancel to avoid being charged for a subsequent term, the recurring charges that will be charged and whether the amount may change, the length of the automatic renewal term or that the service is continuous, and any minimum purchase obligation.
(b) Consent and Acknowledgment. We will obtain your consent before charging you for any automatic renewal. Promptly following enrollment, we will provide you with a retainable acknowledgment that includes the automatic renewal terms, cancellation policy, and information regarding how to cancel.
(c) Free Trial and Promotional Reminders. If your subscription includes a Free Trial or promotional period of 15 days or longer, we will send you a reminder at least 3 days before the cancellation deadline, notifying you that your subscription will convert to a paid subscription unless you cancel, and providing instructions for how to cancel.
(d) Long-Term Renewal Notice. If your subscription has an initial term of 12 months or longer and automatically renews for a period of more than one month, we will provide you with written notice at least 30 days, and no more than 60 days, before the cancellation deadline. This notice will be in a form capable of being retained by you and will disclose: (i) that your subscription will automatically renew; (ii) the cancellation mechanism; and (iii) the applicable deadline to cancel.
(e) Free Gift or Trial Offers. If your subscription includes a free gift or trial, we will disclose how to cancel and allow you to cancel before you are charged.
(f) Online Cancellation. If you accepted an automatic renewal or continuous service offer online, you may terminate the automatic renewal or continuous service exclusively online through a termination email, link, website, or other online service we provide.
5.9.3 If You Are a New York Resident
Your subscription rights are governed in part by N.Y. Gen. Bus. Law §§ 527 and 527-a, as amended. In addition to the general terms above:
(a) Pre-Consent Disclosure. Before obtaining your consent or requesting your billing information, we will present the material terms of the automatic renewal or continuous service offer in a clear and conspicuous manner, in visual proximity to the request for your consent. The material terms include the product or service subject to renewal, the amount of costs that will be charged, the frequency of charges, the deadline by date or frequency by which you must act to prevent or stop further charges, and the cancellation mechanisms described in this section. Pre-checked boxes do not constitute affirmative consent.
(b) Affirmative Consent. We will obtain your affirmative consent to the automatic renewal or continuous service terms before charging you.
(c) Post-Consent Acknowledgment. Promptly following your consent, we will provide you with a retainable acknowledgment that includes: (i) the automatic renewal or continuous service terms; (ii) the amount and frequency of charges; (iii) the deadline by which you must act to prevent or stop further charges; and (iv) the cancellation mechanisms described in this section.
(d) Cancellation. You may cancel your subscription at any time using a cancellation mechanism that is as easy to use as the mechanism you used to enroll. We will make cancellation available through all media by which we allow you to provide consent. You may cancel online by visiting your account settings at https://support.breville.com or using the cancellation feature in your account.
(e) Renewal Reminders. If your subscription has an initial paid term of one year or longer and automatically renews for a paid term of six months or longer, we will notify you at least 15 days, and no more than 45 days, before the cancellation deadline for the renewal. This notice will include instructions on how to cancel and will be sent in the manner you selected, such as text, email, or app notification.
(f) Material Change and Price Increase Notices. If we make a material change to your subscription terms, including any price increase, we will provide you with clear and conspicuous notice at least 5 business days, and no more than 30 days, before the change takes effect. If we increase the price of your subscription, we will either: (i) obtain your affirmative consent before charging you the higher price; or (ii) allow you to cancel your subscription for a prorated refund within 14 days of being charged the increased price for the first time.
(g) Free Trial Reminders. If your subscription includes a free trial for a period of more than one month followed by an automatic renewal charge, we will notify you at least 3 days, and no more than 21 days, before the cancellation deadline for the first chargeable period. This notice will include instructions on how to cancel.
(h) Unauthorized Charges. If we send you goods, wares, merchandise, or products under a continuous service agreement or automatic renewal of a purchase without first obtaining your affirmative consent as described above, those goods, wares, merchandise, or products will be deemed an unconditional gift, and you will have no payment obligation to us for them. If we charge you for services without first obtaining your affirmative consent where required by applicable law, we will provide the remedy required by applicable law.
6. Licenses to Use the Services and Materials
Unless otherwise indicated, all content and other materials contained on the Services, including, without limitation, our logos and all designs, text, recipes, ingredient lists, cooking times, videos, graphics, pictures, information, data, software, sound files, other files, and the selection and arrangement thereof (collectively, "Materials") are the proprietary property of Breville or our affiliates or licensors and are protected by national and international copyright, trademark and other intellectual property laws.
Breville grants you a limited, royalty-free, non-exclusive, non-transferable, non-sublicensable, worldwide license to access and use the Materials made available through the Services for your own personal, non-commercial purposes. Except as expressly permitted by law or by Breville in writing, you will not reproduce, redistribute, sell, create derivative works or subsequent versions, decompile, reverse engineer or disassemble our Services (except in cases where you have the right to do so under applicable law), nor will you take any measures to interfere with or damage our Services.
Breville may make certain Materials on the Services, including recipes, ingredient lists, videos, pictures and User Content (defined in Section 12), available under the most recent version of the Creative Commons Attribution-NonCommercial-ShareAlike license (BY-NC-SA) if we expressly identify those Materials as subject to that license. Unless we expressly state otherwise, no Materials are licensed under any Creative Commons license. Note that our service names, trademarks, logos and slogans that may appear on the Services are not licensed to you under the Creative Commons license.
Unless explicitly stated by us, nothing in these Terms shall be construed as conferring any right or license to any patent, trademark, copyright or other proprietary rights of Breville or any third party, whether by estoppel, implication or otherwise. The licenses granted herein are revocable at any time.
7. Repeat Infringer Policy; Copyright Complaints
In accordance with the Digital Millennium Copyright Act and other applicable laws, we have adopted a policy of limiting access to the Services by or terminating the accounts of users, in appropriate circumstances and in our sole discretion, who infringe the intellectual property rights of others. If you believe that anything on the Services infringes any copyright that you own or control, you may file a notification of such infringement with our designated agent as set forth below:
Name of Designated Agent: General Counsel, Breville USA, Inc.
Address: 19400 S. Western Ave., Torrance, CA 90501
Phone: 310.755.3000
Email: generalcounsel@breville.com
If you are a resident of the United States, please see 17 U.S.C. § 512(c)(3) for the requirements of a proper notification. For non-U.S. residents, you must follow all applicable, jurisdiction-specific notification requirements.
You should also note that if you knowingly make any material misrepresentation in your notification that the material or activity is infringing, you will be liable for any damages, including, without limitation, costs and attorneys' fees, incurred by us or the alleged infringer as the result of our relying on such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.
8. Trademarks
"Breville", the Breville logo and other trademarks used in the Products and Services (collectively, the "Trademarks") are owned by Breville or used under licenses, and may not be copied, imitated or used, in whole or in part, without Breville's prior written permission in each instance. You may not use any metatags or other "hidden text" utilizing the Trademarks or any other name, trademark or product or service name of Breville without prior written permission in each instance. In addition, the look and feel of the Services, including, without limitation, all page headers, custom graphics, button icons and scripts, constitute the service mark, trademark or trade dress of Breville and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names, and company names or logos mentioned on the Services may be trademarks of their respective owners and may not be copied, imitated or used, in whole or in part, without the permission of the applicable trademark holder. Reference to any products, services, processes or other information by name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by Breville.
If you believe that any Breville use of the Trademarks infringes on any trademarks which you own or control, please notify our designated agent set forth in Section 7.
9. Hyperlinks
You are granted a limited, nonexclusive, nontransferable right to create a text hyperlink to the Services, provided such link does not portray any of the Breville Parties (as defined in Section 16, below) or any of our Services in a false, misleading, derogatory or otherwise defamatory manner, and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You may not use any Breville Trademark or any Breville logo or proprietary graphic to link to the Services without our express written permission. Further, you may not use, frame or utilize framing techniques to enclose any trademark, logo or other proprietary information of any Breville Party, including the images found on the Services, the content of any text or the layout or design of any page, or form contained on a page, on the Services without our express written consent.
To the fullest extent permissible by applicable law, Breville makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of third-party websites accessible by hyperlink from the Services or of websites linking to the Services. Such sites are not under our control, and we are not responsible for the contents of any linked site, any link contained in a linked site, or any review, changes or updates to such sites. We provide these links to you only as a convenience, and the inclusion of any link does not imply our affiliation, endorsement or adoption of any site or any information contained therein. When you leave the Services, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Services.
10. Third-Party Content; Open Source Software; Interface to Third-Party Products and Services
Third-Party Content. We may display content, advertisements and promotions from third parties through the Services (collectively, "Third-Party Content"). To the fullest extent permissible by applicable law, we do not control, endorse or adopt any Third-Party Content, and we make no representations or warranties of any kind regarding such Third-Party Content, including, without limitation, regarding its accuracy or completeness. You acknowledge and agree that your interactions with third parties providing Third-Party Content are solely between you and such third parties, and that Breville is not responsible or liable in any manner for such interactions or Third-Party Content.
Open Source Software. Our Services may also contain third-party software that is subject to the GNU General Public License ("GPL") or other open source licenses ("Open Source Software"). The Open Source Software is licensed under the terms of the license that accompanies such Open Source Software, subject to additional terms and conditions, available at https://www.breville.com/us/en/legal/open-source-acknowledgements.html.
Connecting to Third-Party Products and Services. Breville may allow you to use our Products and Services in conjunction with third-party products and services ("Third-Party Products and Services"). If you decide to connect our Products or Services with Third-Party Products and Services, your explicit consent and authorization is required, which is revocable by you at any time. Once you give consent to connect a particular Third-Party Product and Service to our Products or Services, you agree that Breville and the provider of the Third-Party Product and Service may exchange information to enable the functionality you authorize. Once Breville shares information with a provider of a Third-Party Product and Service, the third-party provider's use of such information will be governed solely by its own privacy notice. You acknowledge and agree that Breville makes no representation or warranty about the safety of any Third-Party Products or Services and Breville is not responsible for your use of any Third-Party Product or Service or any harm or losses arising from or relating to your use of any Third-Party Products or Services. You should contact third-party providers directly with any questions about their Third-Party Products and Services.
11. User Conduct
You agree that you will not violate any law, contract, intellectual property or other third-party right, or commit a tort, and that you are solely responsible for your conduct while accessing or using the Products and Services. You agree that you will abide by these Terms and that you will not:
· Engage in any harassing, threatening, intimidating, predatory or stalking conduct;
· Use or attempt to use another user's account without authorization from such user and Breville;
· Use the Products or Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Products or Services, or that could damage, disable, overburden or impair the functioning of the Products or Services in any manner;
· Transform any aspect of the Products or Services, including the correction of errors, without the authorization from Breville;
· Reverse engineer any aspect of the Products or Services or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any Materials or features or areas of the Products or Services, except as expressly permitted under applicable law;
· Develop any third-party applications that interact with User Content or the Products or Services without our prior written consent;
· Use any robot, spider, crawler, scraper, script, browser extension, offline reader or other automated means or interface not authorized by us to access the Products or Services, extract data, train artificial intelligence or machine learning models, create datasets, or otherwise interfere with or modify the rendering of Materials or functionality;
· Bypass or ignore instructions contained in the robots.txt file, accessible at https://www.breville.com/robots.txt;
· Use the Products or Services for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms.
12. User Content
The Services may include interactive features and areas that allow users to create, post, share or store content, including, but not limited to, user-generated content, recipes, reviews, photos, videos, music, sound, text, graphics, code, items or other materials (collectively, "User Content"). In the event that you decide to share User Content with others through the Services or third-party platforms, you understand that this User Content will be viewable by others in accordance with the privacy settings you establish in your account.
You agree that you are solely responsible for your User Content and for your use of any interactive features and areas of the Services. By posting, uploading or otherwise submitting User Content, you represent and warrant that (a) such User Content is non-confidential; (b) you own all intellectual property rights (or have obtained all necessary permissions) to provide such content and to grant the licenses set forth herein; and (c) the User Content will not violate or infringe any intellectual property right or other proprietary right, including the right of publicity or privacy, of any person or entity.
By using the interactive features and areas of the Services, you agree:
(a) Not to post content that:
• Violates any applicable law or regulation
• Infringes third-party intellectual property rights
• Contains malware, viruses, or harmful code
• Constitutes harassment, threats, or hate speech directed at individuals
• Includes personal information of others without consent
• Promotes illegal activities
(b) Clarification on 'Objectionable' Content: Any reference to 'objectionable' content in these Terms relates solely to content that violates section (a) above and does NOT include negative reviews, critical assessments, complaints, or unfavorable opinions about our products or services.
We are not responsible or liable for any User Content. Although we have no obligation to screen, edit or monitor User Content, we reserve the right, and have absolute discretion, to remove, screen or edit User Content posted or stored on the Services at any time and for any reason consistent with this Section 12, and you are solely responsible, at your sole cost and expense, for creating backup copies of and replacing any User Content you post or store on the Services.
13. Rights in User Content
Except as otherwise provided in these Terms or in a separate agreement, we do not claim any ownership or control over your User Content. However, by uploading, posting or otherwise submitting User Content, you grant Breville a non-exclusive, royalty-free, worldwide, perpetual, irrevocable, transferable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content on the Services, on third-party sites and mobile applications, and in all other media or formats, whether now known or hereafter developed, for any purpose, including for Breville's commercial purposes.
In addition, you grant all users of our Services the right to access and use your User Content in accordance with the most recent version of the Creative Commons Attribution- NonCommercial-ShareAlike license (BY-NC-SA).
14. Consumer Speech Rights
We respect your right to share honest feedback about our products and services. In accordance with California Civil Code § 1670.8, RCW 19.86.020, and the Consumer Review Fairness Act (15 U.S.C. § 45b), nothing in these Terms limits, waives, or prohibits your ability to:
• Write reviews (positive or negative) on any platform
• Share your experiences and opinions about Breville products
• Provide truthful criticism or complaints based on actual experience
• Discuss product quality, performance, or customer service
Any provision in these Terms that could be interpreted to restrict these rights is void and unenforceable to the extent it conflicts with applicable law. This protection applies to truthful statements based on your genuine experience and does not extend to content that is defamatory, fraudulent, or otherwise unlawful.
15. Feedback
Separate and apart from User Content, you can submit questions, comments, suggestions, ideas, original or creative materials or other information about Breville or our Products or Services (collectively, "Feedback"). Feedback is non-confidential and shall become the sole property of Breville. Breville shall own exclusive rights, including, without limitation, all intellectual property rights, in and to such Feedback and shall be entitled to the unrestricted use and dissemination of this Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
16. Indemnification
To the fullest extent permitted by applicable law, you agree to indemnify, defend, and hold harmless Breville and our respective past, present and future employees, officers, directors, contractors, consultants, equity holders, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors and assigns (together with Breville, the "Breville Parties") from all third-party claims of any kind, whether in tort, contract or otherwise (collectively, "Claims"), including damages to property or personal injury, that arise from or relate to:
• your access to or use or misuse of our Products, Services and Materials;
• any User Content you create, post, share or store on or through our Services or our pages or feeds on third-party social media platforms;
• any Feedback you provide;
• your violation of these Terms;
• your violation of the rights of any third party; or
• use or misuse of the Products or Services by any third party you authorize to use the Products or Services provided to you.
This indemnity obligation includes paying for any of the Breville Parties' attorneys' fees and other costs of investigating and defending Claims, and the costs of enforcing the indemnity obligation.
You agree to promptly notify Breville of any third-party Claims and cooperate with the Breville Parties in defending such Claims. You further agree that the Breville Parties shall have control of the defense or settlement of any third-party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and Breville.
17. Disclaimers
WE MAY PROVIDE IMPORTANT HEALTH AND SAFETY WARNINGS AND INSTRUCTIONS THAT YOU MUST READ BEFORE USING CERTAIN BREVILLE PRODUCTS AND/OR PARTICIPATING IN CERTAIN BREVILLE SERVICES OR OTHER ACTIVITIES. WE MAY UPDATE OR REVISE THESE WARNINGS AND INSTRUCTIONS, SO PLEASE REVIEW THEM PERIODICALLY.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ALL SERVICES AND MATERIALS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED AND WE EXPRESSLY DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WE DO NOT REPRESENT OR WARRANT THAT ANY OF OUR WEBSITES, MOBILE APPLICATIONS AND MATERIALS ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. IN ADDITION, OUR WEBSITES, MOBILE APPLICATIONS AND MATERIAL ARE (A) FOR INFORMATIONAL PURPOSES ONLY, (B) PROVIDED AS GENERAL ADVICE AND (C) NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL OR NUTRITIONAL ADVICE. WHILE WE ATTEMPT TO MAKE YOUR ACCESS TO AND USE OF ANY OF OUR WEBSITES, MOBILE APPLICATIONS AND MATERIALS SAFE, WE CANNOT AND DO NOT REPRESENT OR WARRANT THAT THEY OR OUR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD.
YOU ARE SOLELY RESPONSIBLE FOR THE PROPER AND SAFE WASHING, HANDLING, PREPARATION, STORAGE, COOKING, USE AND CONSUMPTION OF FOOD. THE COOKING INSTRUCTIONS AND DIRECTIONS PROVIDED BY BREVILLE ARE OFFERED AS GUIDELINES ONLY. USE YOUR BEST JUDGMENT AND PROPER DISCRETION WHEN PREPARING OR CONSUMING ANY FOOD. CONSUMING RAW OR UNDERCOOKED MEATS, POULTRY, SEAFOOD, SHELLFISH OR EGGS MAY INCREASE YOUR RISK OF FOODBORNE ILLNESS, AND SUCH CONSUMPTION IS TO BE DONE AT YOUR OWN DISCRETION. WE EXPRESSLY DISCLAIM RESPONSIBILITY FOR ANY ADVERSE EFFECT THAT MAY RESULT FROM YOUR USE OR APPLICATION OF INFORMATION PROVIDED THROUGH THE SERVICES.
EXCEPT AS REQUIRED BY APPLICABLE LAW OR ANY APPLICABLE WRITTEN WARRANTY, BREVILLE PROVIDES NO WARRANTY ON PRODUCTS THAT ARE MANUFACTURED BY OTHER ENTITIES, EVEN THOUGH YOU MAY PURCHASE THEM THROUGH OUR SERVICES. PRODUCTS MANUFACTURED BY OTHER ENTITIES BUT SOLD THROUGH OUR SERVICES ARE SOLD BY BREVILLE "AS IS" AND "WITH ALL FAULTS." BREVILLE DISCLAIMS ALL IMPLIED WARRANTIES FOR SUCH PRODUCTS, INCLUDING THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. BREVILLE DOES NOT WARRANT ANY QUALITY OR CHARACTERISTIC OF PRODUCTS THAT WE DO NOT MANUFACTURE. UNLESS THE MANUFACTURER PROVIDES A WARRANTY, YOU AS THE BUYER BEAR THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF SUCH PRODUCTS, AND YOU, NOT BREVILLE, ASSUME THE ENTIRE COST OF ANY NECESSARY REPLACEMENT OR REPAIR.
MANUFACTURERS OF PRODUCTS SOLD BY BREVILLE MAY PROVIDE THEIR OWN WARRANTIES AND YOU AGREE THAT YOUR REMEDY FOR ANY DEFECTS IN SUCH PRODUCTS WILL BE BASED SOLELY ON THE WARRANTIES, IF ANY, PROVIDED BY THOSE MANUFACTURERS.
THE LAWS OF SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES. TO THE EXTENT THAT THOSE LAWS APPLY, THE EXCLUSIONS SET FORTH ABOVE MAY NOT APPLY TO YOU.
18. Limitation of Liability; Release
IMPORTANT: Nothing in these Terms limits our liability for death, personal injury, or property damage caused by our products, or for fraud, gross negligence, or intentional misconduct.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (A) IN NO EVENT SHALL BREVILLE OR ANY OF THE BREVILLE PARTIES BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE, INCOME OR PROFITS, LOSS OF USE OR DATA, LOSS OR DIMINUTION IN VALUE OF ASSETS OR SECURITIES, OR DAMAGES FOR BUSINESS INTERRUPTION) ARISING OUT OF OR IN ANY WAY RELATED TO THE ACCESS OR USE OF THE SERVICES OR MATERIALS OR OTHERWISE RELATED TO THESE TERMS (INCLUDING, BUT NOT LIMITED TO, ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY ANY USER ON ANY INFORMATION OBTAINED FROM BREVILLE, OR FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETIONS OF FILES OR EMAILS, ERRORS, DEFECTS, BUGS, VIRUSES, TROJAN HORSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD OR FORCE MAJEURE, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO BREVILLE' RECORDS, PROGRAMS OR SYSTEMS), REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, SIMPLE NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), STRICT PRODUCT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY (EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE); AND (B) IN NO EVENT SHALL THE AGGREGATE LIABILITY OF BREVILLE AND THE BREVILLE PARTIES (JOINTLY), WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SERVICES, INCLUDING MATERIALS AND FUNCTIONS CONTAINED THEREIN, EXCEED THE GREATER OF: (I) THE TOTAL AMOUNTS YOU HAVE ACTUALLY PAID TO BREVILLE IN CONNECTION WITH THE PRODUCTS OR SERVICES IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (II) ONE HUNDRED U.S. DOLLARS (USD $100.00).
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU, ON BEHALF OF YOUR HEIRS, EXECUTORS, ADMINISTRATORS, LEGAL AND PERSONAL REPRESENTATIVES, HEREBY RELEASE, WAIVE, AND DISCHARGE THE BREVILLE PARTIES FROM ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS, THE SERVICES, OR THE PRODUCTS, EXCEPT FOR CLAIMS ARISING FROM DEATH, PERSONAL INJURY, OR PROPERTY DAMAGE CAUSED BY PRODUCTS OR SERVICES YOU PURCHASE FROM US, BREVILLE'S FRAUD, GROSS NEGLIGENCE, INTENTIONAL MISCONDUCT, OR BREACH OF ANY OBLIGATION THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW. THIS RELEASE APPLIES ONLY TO CLAIMS THAT HAVE ACCRUED AS OF THE DATE OF YOUR MOST RECENT USE OF THE SERVICES AND DOES NOT APPLY TO CLAIMS ARISING FROM EVENTS OCCURRING AFTER THAT DATE.
THE LIMITATIONS SET FORTH IN THIS SECTION 18 WILL NOT LIMIT OR EXCLUDE LIABILITY FOR DEATH OR PERSONAL INJURY OR PROPERTY DAMAGE CAUSED BY PRODUCTS OR SERVICES YOU PURCHASE FROM US, OR FOR OUR FRAUD, GROSS NEGLIGENCE, OR INTENTIONAL, WILLFUL, MALICIOUS OR RECKLESS MISCONDUCT.
19. Modifications to the Services
We reserve the right, in our sole discretion, to modify, suspend, or discontinue the Services or any Materials, features, or functionality, at any time and without prior notice including force majeure situations beyond Breville’ control. We are not liable to you or any third party for any such modification, suspension, or discontinuation. You may choose to stop using all or any part of the Services at any time.
20. Dispute Resolution; Arbitration
PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH BREVILLE AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.
Most disputes can be resolved without resorting to legal action. Before taking any formal action, you will contact us within 30 days of the date the dispute arises at Breville USA, Inc., 19400 S. Western Ave., Torrance CA 90501 or at generalcounsel@breville.com and provide a brief, written description of the dispute and your contact information (including your user name, if your dispute relates to an account). Except for intellectual property and small claims, we both agree to use best efforts to settle any dispute, claim, question or disagreement directly through consultation, and good-faith negotiations shall be a condition to either party initiating legal action.
20.1 Binding Arbitration
Except for any disputes, claims, suits, actions, causes of action, demands or proceedings (collectively, "Disputes") arising out of or related to a violation of Section 11, Disputes in which either party seeks to bring an individual action in small claims court, Disputes in which either party seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, including, without limitation, copyrights, trademarks, trade names, logos, trade secrets or patents, or Disputes seeking public injunctive relief under applicable consumer protection laws to the extent such relief cannot be waived or compelled to arbitration under applicable law, you and Breville each agree (a) to waive your respective rights to have any and all Disputes arising from or related to these Terms, or the Services, Materials or Products, resolved in a court, and (b) to waive your respective rights to a jury trial. Instead, you and Breville agree to arbitrate Disputes through binding arbitration (which is the referral of a Dispute to one or more persons charged with reviewing the Dispute and making a final and binding determination to resolve it instead of having the Dispute decided by a judge or jury in court).
20.2 No Class Arbitrations, Class Actions or Representative Actions
You and Breville agree that any Dispute arising out of or related to these Terms, the Services, Products or Materials is personal to you and Breville and that such Dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding. You and Breville agree that there will be no class arbitration or arbitration in which an individual attempts to resolve a Dispute as a representative of another individual or group of individuals. Further, you and Breville agree that a Dispute cannot be brought as a class or other type of representative action, whether within or outside of arbitration, or on behalf of any other individual or group of individuals.
20.3 Federal Arbitration Act
You and Breville agree that these Terms affect interstate commerce and that the enforceability of this Section 20 shall be both substantively and procedurally governed by and construed and enforced in accordance with the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (the "FAA"), to the maximum extent permitted by applicable law.
20.4 Notice; Informal Dispute Resolution
You and Breville agree that each party will notify the other party in writing of any arbitrable or small claims Dispute within thirty (30) days of the date it arises, so that the parties can attempt in good faith to resolve the Dispute informally. Notice to Breville shall be sent electronically to info@breville.com.
20.5 Process
Except for Disputes arising out of or related to a violation of Section 11, Disputes in which either party seeks to bring an individual action in small claims court, Disputes in which either party seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, including, without limitation, copyrights, trademarks, trade names, logos, trade secrets or patents, or Disputes seeking public injunctive relief under applicable consumer protection laws to the extent such relief cannot be waived or compelled to arbitration under applicable law, you and Breville agree that (a) any arbitration will occur in Los Angeles County, California, (b) arbitration will be conducted confidentially by a single arbitrator in accordance with the rules of the Judicial Arbitration and Mediation Services ("JAMS"), which are hereby incorporated by reference, and (c) that the state or federal courts of the State of California and the United States, respectively, sitting in Los Angeles County, California, have exclusive jurisdiction over any appeals and the enforcement of an arbitration award. You may also litigate a Dispute in the small claims court located in the county of your billing address if the Dispute meets the requirements to be heard in small claims court.
20.6 Authority of Arbitrator
As limited by the FAA, these Terms and the applicable JAMS rules, the arbitrator will have (a) the exclusive authority and jurisdiction to make all procedural and substantive decisions regarding a Dispute, including the determination of whether a Dispute is arbitrable, and (b) the authority to grant any remedy that would otherwise be available in court; provided, however, that the arbitrator does not have the authority to conduct a class arbitration or a representative action, which is prohibited by these Terms. The arbitrator may only conduct an individual arbitration and may not consolidate more than one individual's claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual.
20.7 Rules of JAMS
The rules of JAMS and additional information about JAMS are available on the JAMS website. By agreeing to be bound by these Terms, you either (a) acknowledge and agree that you have read and understand the rules of JAMS, or (b) waive your opportunity to read the rules of JAMS and any claim that the rules of JAMS are unfair or should not apply for any reason.
21. Governing Law and Venue
These Terms and your access to and use of the Products and Services shall be governed by and construed and enforced in accordance with the laws of the State of California, without regard to conflict of law rules or principles (whether of the State of California or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any Dispute between the parties that is not subject to arbitration or cannot be heard in small claims court, shall be resolved in the state or federal courts of the State of California and the United States, respectively, sitting in Los Angeles County, California.
22. Termination
Notwithstanding anything contained in these Terms, to the fullest extent permitted by applicable law, we reserve the right, without notice and in our sole discretion, to terminate your right to access or use the Services, and to block or prevent your future access to and use of the Services. If you transfer a Product that links to our Services to a new owner, your right to use the Services with respect to that Product automatically terminates, and the new owner will have no right to use the Services under your account and will need to register for a separate account with Breville.
23. Severability
If any term, clause or provision of these Terms is determined to be unlawful, invalid or unenforceable by a court of competent jurisdiction, then that term, clause or provision will be severable from these Terms and shall be automatically replaced with a valid and enforceable provision that most closely reflects the original intent and economic effect of the invalid provision. These Terms shall then be construed as if they did not contain unlawful, invalid or unenforceable language and all other provisions, including the class action waiver, shall remain fully enforceable. Nothing in these Terms shall prohibit or prevent any party from seeking public injunctive relief in a court of law in any matter under applicable consumer protection laws, subject to the venue provisions herein.
24. Survival
The following sections will survive the expiration or termination of these Terms and the termination of your Breville account: all defined terms and Sections 1 - 6 (first paragraph only), 7, 8, 9 (second paragraph only), 10 through 23.
25. Miscellaneous
These Terms, together with any terms, policies, notices, or other documents incorporated by reference, constitute the entire agreement between you and Breville regarding your access to and use of the Products and Services and supersede any prior or contemporaneous agreements, communications, or understandings on that subject. Breville's failure to enforce any provision of these Terms will not constitute a waiver of that provision or any other provision. You may not assign or transfer these Terms, or any rights or obligations under these Terms, without our prior written consent. Breville may assign or transfer these Terms, in whole or in part, without restriction, including in connection with any merger, acquisition, corporate reorganization, sale of all or substantially all of its relevant assets or operations, or by operation of law.
26. California Disclosures
If you are a California resident, pursuant to California Civil Code Section 1789.3, you may contact Breville at Breville USA, Inc., 19400 S. Western Ave., Torrance, CA 90501, by telephone at 1-866-BREVILLE (1-866-273-8455), or by email at info@breville.com. Charges for Products and Services are disclosed during the applicable ordering or subscription process. You may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.
27. Questions
If you have any questions regarding these Terms or our Products or Services, please contact us at info@breville.com or send a letter to Breville c/o Breville USA, Inc., 19400 S. Western Ave., Torrance, CA 90501; Attn.: General Counsel