CO2 Subscription Service
SodaStream CO2 Subscription Service
IMPORTANT: PLEASE READ THE FOLLOWING TERMS FOR YOUR SUBSCRIPTION SERVICE CAREFULLY
1. The Terms
1.1 Please read these terms carefully before you submit your order to us. These terms set forth the details of the SodaStream CO2 Subscription Service cylinders you selected. It includes how the terms may change, how the service may end, and what to do if there is a problem, along with other useful and important information If you think that there is a mistake in these terms, please contact us at: 1-800-763-2258 M-F 9A-7P EST or by submitting a contact us form by clicking the link here.
These terms and conditions, together with the Terms of Use of the Website, are available at https://sodastream.com/pages/legal. Our Privacy Policy is available at here. and our Terms of Purchase, are available here. All are collectively referred to as the “Terms.” These Terms will form our agreement with you, and the Terms will govern your use of the Service. By choosing to subscribe to the Service you agree to these Terms.
1.3 These Terms will apply in addition to any other terms and conditions applicable to the use of SodaStream cylinders containing the CO2 gas content and the cylinder delivered to you under the selected Service. These Terms do not supersede any other terms and conditions.
1.4 When you place your order for our Subscription Services, you will be required to give us certain personal information, including but not limited to your name, email address, mailing address, and payment information. We may also collect information about your usage of the Subscription Services, such as the pages you visit and the features you use, as well as information about your device and browser. This information and additional information as detailed in our privacy policy is collected to allow us to provide you with the subscription services, process your payments, and communicate with you about your account. We may also use this information for analytical purposes and to improve the quality and functionality of our services. By providing this information and/or purchasing and subscribing to our services, you consent to its collection, use, and storage of your personal information as described in our Privacy Policy and it sets forth how we will collect and use your personal information. It is important that you read our Privacy Policy in full. It can be found on our website at https://sodastream.com/pages/legal.
1.5 We may make changes to these terms and conditions from time to time. The reasons for these changes may include:
- 1.5.1 a change in permitted payment methods;
- 1.5.2 a change in delivery process;
- 1.5.3 a change to applicable law, rules, or regulation;
- 1.5.4 a change or development to the Service or its operation;
- 1.5.5 to clarify or further explain Terms.
1.6 Where we make a change to these terms and conditions we will notify you of the change at least 30 days before making a change. You may exercise your right to terminate your Service at any time in accordance with Section 8 of these Terms if you do not agree to the changes. We will post updated versions of the Terms on Website.
1.7 When we use the words "writing" or "written" in these Terms, this includes emails.
2. How to Contact Us- 1-800-763-2258 M-F 9A-7P EST - https://support-us.sodastream.com/hc/en-us
2.1 Further contact details can be found on our website by clicking the line here.
2.2 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 in your order.
3. The Service
3.1 When you use the Subscription Service we will provide you with ongoing CO2 in accordance with your order and the Terms. All orders will be shipped to the cylinder delivery address specified by you when you subscribed to the Service .
3.2 As part of your initial order you may choose the frequency of the cylinder exchange under the Service in accordance with options set forth on the website on the “product page” (“Shipment Frequency”).
3.3 Cylinders can only be exchanged in quantities equivalent to the number of Cylinders received according to the Service. For example, if you received four (4) Cylinders in the cylinder order, you must return four (4) Cylinders. The initial cylinder order and any subsequent cylinder exchange shall include a USPS label for the return of either the Initial cylinder order or any exchange cylinders.
3.4 After you receive a cylinder order you MUST return all the empty cylinders that you have received under your Subscription Service within your Shipment Frequency plus 30 days (which means you have an additional 30 days following the upcoming exchange of Cylinders in accordance with your Shipment Frequency). In order to return your empty Cylinders. Please use the caps, return label and box provided to you with the cylinder order.
3.5 You will ensure that upon the empty cylinders’ return that they are in substantially the same condition as when you received them and in their original packaging with the original tamper proof seal intact. You shall not be entitled to exchange cylinders determined by SodaStream to be damaged or tampered with in any way. In that event, SodaStream may at its discretion charge you for such cylinders as if they were missing cylinders according to Section 8.5 below.
3.6 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 Shipment Frequency plus (30) days as set out in Section 3.4 above, we will charge you for the missing cylinders in accordance with Section 8.5.
3.7 The Subscription Service shall start on the date that the Initial cylinder order is placed and finalized, and shall be based on your Shipment Frequency. During the Subscription Service you will be entitled to ongoing CO2 Gas supply up to the cylinder limit applicable to your subscription preferences as outlined in My Account. As part of your Subscription Service, you shall be able to benefit from promotional offers that may be available at the time you subscribe to your Service or made available to members from time to time.
3.8 The Services shall continue for as long as you adhere to the terms and conditions, including payment, unless the Service was canceled or terminated in accordance with these terms and conditions.
4. Payment
4.1 Your payment will be collected at the time of your order. Subsequent orders will be charged at the time of your next order date. You will be charged on a recurring basis based on your preferred Shipment Frequency as shown on My Account and your Preferred method of payment as described in section 4.2 below. The final fee will be determined according to the quantity of cylinders ordered by you and shipped to the address you entered in My Account, under “Shipping address”. The shipping Fee will be as displayed on our website. The full payment shall be inclusive of the shipping fee and all applicable taxes.
4.2 Payments can be made by Visa, MasterCard, American Express, and be made in one payment at the time you sign up. You consent to us collecting all fees in connection with the Subscription Service from your selected payment method. You may change your payment method at any time by visiting your personal account “My Account”.
4.3 You consent to us collecting the fees due in connection with the Subscription Service 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 notify us. You will remain liable for any amounts due under the Subscription Service and will have to pay us by an alternative method as requested by us.
4.4 Depending on the payment establishment or payment service provider, payment by credit card may require an authorization. In the event SodaStream does not receive such authorization, SodaStream may cancel your Subscription Service and any outstanding order.
4.5 No order will be sent until payment is received. The data registered by our payment system constitutes full proof of the financial transactions.
4.6 To ensure that your selected 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 with appropriate third party databases in accordance with Section 8 below And subject to SodaStream Privacy Policy. In performing these checks, personal information provided by you may, in accordance with Section 8 below, be disclosed to a registered credit reference agency which may keep a record of that information.
4.7 No order will be shipped until payment is received or payment has been processed. The data registered by our payment system constitutes full proof of the financial transactions.
4.8 If you fail to pay the fee or any part thereof on the due date and you have not told us that you want to end your subscription, we may make reasonable attempts to contact you to understand why the payment has not been made and when you are able to make it. You will remain responsible for any uncollected amounts. In the event you do not set up a valid payment method during thirty (30) day period, SodaStream may terminate your subscription according to these Terms of Use.
5. Orders
5.1 To subscribe to the Service, you must register and create a login for SodaStream.com and read and agree to the Terms.
5.2 Orders of Cylinder take place online through our website.
5.3 When you place an order, we will send you an order confirmation by e-mail confirming receipt of your order and its details.
5.4 We will notify you in writing once we have shipped your order and the estimated time for delivery.
5.5 To change the shipping address please update in My Account.
5.6 To terminate your Subscription Service (in accordance to the Terms) you must tell us by either calling 1-800-763-2258 M-F 9A-7P EST or by submitting a contact us form by clicking the link here or you can make it by yourself by visiting "My Account”. We will send you an acknowledgement of receipt by email.
5.7 To edit the subscription - you may make the following changes to your subscription from your personal account (My Account): The Cylinder type; the amount of cylinders delivered each time; and the Shipment Frequency of the subscription. Please note that if a Subscription Order has already been packed for shipment, the changes done will take affect from next scheduled shipment.
5.8 Changes to the Subscription noted in sections 5.5-5.7above and section 6 below, can be made through "My Account”. or can by made by contacting one of our Customer Care agents. The Customer Care Agents can also, at the customer's request, skip, cancel, change cylinder type, change frequency and subscription cylinder amount on behalf of the customer through Zendesk.
6. Skip
To Skip a Subscription Shipment - You have the option to skip a Subscription shipment if needed by going to "My Account”.The next shipment will be based on your selected Shipment Frequency. For example, a monthly subscription planned for March 10th, can be skipped and the next shipment will be April 10th. You are not allowed to skip more than one time within one Shipment Frequency.
7. Delivery
7.1 SodaStream will provide you cylinders under the Subscription Service subject to receipt of the Fee and stock availability and factors beyond SodaStream’s reasonable control.
7.2 SodaStream will not be responsible for late delivery under the Subscription Service, or for not supplying any part of your order if this is caused because you did not give us the information we need to process and fulfil your order. SodaStream and/or companies authorized by SodaStream may contact you by text, telephone and/or email with information regarding your order and delivery in accordance and in accordance with our "Privacy Policy”.
7.3 We list availability information related to the cylinders on our website. As we process your order, we will inform you by e-mail as soon as possible if any part of order is unavailable. You will not be charged for any part of your order that can not be filled.
7.4 In the event that our stock of cylinders are insufficient for all deliveries to be timely filled because of reasons beyond its control, you agree that SodaStream is entitled to defer delivery. 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 the 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 minimize the effect of the delay. If there is a risk of substantial delay you may contact us to end your Subscription Service and receive a refund for unfulfilled order amount paid by you from the date you placed your order for any undelivered Services and until the effective time you end your Subscription Service with us. This condition does not affect your right to have the Cylinder orders sent to you within a reasonable time.
7.7 You may contact SodaStream’s Customer Support by calling 1-800-763-2258 M-F EST or by filling out a “contact us” form by clicking this link here.
8. Ending your Subscription
8.1 You may terminate your subscription at any time by visiting your personal account (“My Account”.)
8.2 If you terminate your subscription Service under this Section you will remain responsible for any cylinders not returned or pay for the cylinders not returned. Such missing Cylinders as stated in Section 8.5 below.
8.3 SodaStream reserves the right to terminate your subscription Service in the event of the Following:
- 8.3.1 your Payment Method fails according to Section 4.8 above, you did not make any payment when it is due;
- 8.3.2 we are not able to validate your personal information and delivery address;
- 8.3.3 address change to an area in which there is no delivery coverage ;
- 8.3.4 you do not comply with any of the Terms; or
- 8.3.5 you are engaged in illegal or fraudulent use of the Services.
Terminating your subscription Service for any reason whatsoever, will require you to return all cylinders in your possession no later than Shipment Frequency plus 30 days following such termination. Please download a return label from "My Account”.
or contact us at 1-800-763-2258 M-F 9A-7P EST or submit a contact us form by clicking the link here.8.5 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 and conditions, you agree to pay us $15.00 for each missing cylinder.
8.6 If a cylinder that is not returned in good and usable condition according to Section 3.5 above or it is not returned within the cycle frequency (+30 days from the end of the Term) it shall be regarded as a missing cylinder.
8.7 You agree that SodaStream may at its discretion (which shall not be unreasonably exercised) charge you all amounts that are due and payable under the subscription Service and these terms and conditions using your selected Payment Method. Amounts due may include but not limited to Missing cylinders.
9. Cylinder Ownership
9.1 The Cylinders are provided to you pursuant to the User License Agreement that can be found on our website at SodaStream.com.
It enables you to receive the Subscription Services. 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 a claim to have any additional rights with respect to the cylinders other than the usage rights specifically granted under these Terms of Use.9.2 For your safety and protection the cylinders shall only be refilled and maintained by SodaStream. You must return your empty cylinders to SodaStream for refill and maintenance, Ccylinders serviced by third parties could be extremely risky and my result in bodily injuries. Unauthorized refilling may also violate the law and infringe on SodaStream's rights.
10. Our responsibility for loss or damage suffered by you
10.1 Please see the applicable warranty instructions attached to each of the Cylinders. This information is also posted on our website
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 Please see the applicable product literature and warranty documentation that accompanied the machine and cylinder. This information is also posted on our website
10.4 Subject to the fullest extent permitted by law, our maximum liability to you, whether in contract, tort (including negligence) or otherwise, in connection with the Subscription Service, will be limited to the price you actually paid for the last twelve months (12) of the Subscription Period, prior to the loss or damage you suffered.
11. DISPUTE RESOLUTION BY BINDING ARBITRATION. PLEASE READ CAREFULLY. IT AFFECTS YOUR RIGHTS.
11.1 Any dispute, controversy or claim arising out of or relating to any SodaStream product including, but not limited to, claims of personal injury and/or property damage, shall be submitted to arbitration administered by the American Arbitration Association in accordance to its then existing Consumer Arbitration Rules. The AAA Rules are available online at www.adr.org, or by calling the AAA at 800.778.7879.
11.2 The Federal Arbitration Act (Title 9 of the U.S. Code) shall govern the interpretation, enforcement, and proceedings relating to this arbitration.
11.3 Arbitration is more informal than a lawsuit in court. It uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. By agreeing to arbitration, the parties understand and agree that they are waiving their rights to maintain other available resolution processes, such as a court action or administrative proceeding, to settle their disputes.
11.4 Any claim shall be brought only in the party’s individual capacity, and shall not in any case be brought by the party as a plaintiff or class member in any purported class or representative proceeding.
11.5 A party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute ("Notice"). The Notice to SodaStream should be addressed to SodaStream’s Corporate Office set out on www.sodastream.com ("Notice Address"). The Notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought. If an agreement to resolve the claim is not reached within 30 days after the Notice is received, any party may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by a party shall not be disclosed to the arbitrator.
11.6 There shall be one arbitrator. The arbitrator shall have the power to rule on his or her own jurisdiction, including, but not limited to, any objections with respect to the existence, scope, or validity of the arbitration provision or to the arbitrability of any claim or counterclaim.
11.7 The arbitrator’s award shall be binding on all parties, and judgment upon the award may be entered by any court of competent jurisdiction.”
12. Miscellaneous
12.1 hese terms and conditions form the agreement between you and us. No other person shall have any rights to enforce any of its terms.
12.2 These terms and conditions are governed by and shall be construed in accordance with the laws of USA
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 Continental US.
12.4 To find more information about our Service or if you need assistance with your account, please contact us at 1-800-763-2258 M-F 9A-7P EST or submit a contact us form by clicking this link here
12.5 In the event of any conflict between these Terms and Conditions and information provided by Customer Support or in other portions of our website, these Terms and Conditions will control with respect to the Subscription Service.
12.6 If one or more parts of the Agreement are deemed to be unenforceable the remaining parts of the Agreement rare not waived and 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 and conditions, or if we delay in taking steps against you in respect of your breaching this agreement, this 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. Any delay by SodaStream in enforcing its rights under the Subscription Service or its rights against you including your responsibility(Ies) under the Subscription Service shall not be considered a waiver by SodaStream of its rights.
12.8 We will send you information relating to your account in electronic form only sent to the email address 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 negatively impact your rights under this agreement.
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.
12.11 Each person is entitled to subscribe to two (2) Subscription Services
