Subscription Service

Sodastream 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 Subscription Service you selected (the “Service(s)” or the “Subscription Service(s)”). 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.

1.2. These terms and conditions, together with the Terms of Use of this website (the “Website”), are available at https://sodastream.com/pages/legal. Our Privacy Policy is available at 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 (“Cylinder(s)”) 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. 1.5.1 a change in permitted payment methods;

1. 1.5.2 a change in delivery process;

1. 1.5.3 a change to applicable law, rules, or regulation;

1. 1.5.4 a change or development to the Service or its operation;

1. 1.5.5 to clarify or further explain Terms.

1.6  Where we make a change to these Terms 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 the Website. Your continued use of the website and the Subscription Service after such amendments have been made available constitutes your acceptance of the updated Terms. 

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 The purpose of our Subscription Service is to provide you with ongoing supply of Sodastream products. Our Subscription Services are currently available only for Cylinders and flavors. The ability to add flavors to the subscription plan is being rolled out gradually. Eligible subscribers will be upgraded and notified in advance. 1-Cylinder subscriptions are not eligible and will remain on their current plan. 

3.2 To subscribe for this Service, you must select Cylinders refills quantity and frequency. You can also add flavors to your subscription (optional). Please be aware that we may decide, at any point of time and in our sole and absolute discretion, to delist flavors from our flavors' variety. If any of the flavors in your subscription plan are delisted, we will do our best to notify you in advance, and we will either provide you with alternative flavors or give you the option to select alternative flavors. You will also have the option to cancel your Subscription Service at any time according to Section 8 below.    

3.3 As part of your initial order, you will be requested to select (a) the products' shipment frequency (“Shipment Frequency”), and (b) the quantity of products that you would like to receive with each delivery ("Products Quantity"). You can always change the Shipment Frequency and the Products Quantity in accordance with Section 5 below. All orders will be shipped to the delivery address specified by you when you subscribed to the Service.

For Cylinders deliveries: 

3.4  You MUST return to Sodastream a number of empty Cylinders equal to the number of full Cylinders that you have received under a specific order, within your Shipment Frequency plus 30 days. For example, if your Shipment Frequency is "every 3 months" and you received 2 full Cylinders on January 1st, you must return 2 empty Cylinders by May 1st.

3.5 Each Cylinder(s) delivery shall include a USPS label for the return of the Cylinder(s).In order to return your empty Cylinder(s), please use the caps, return label and box provided to you with the Cylinder(s) delivery.

3.6 You must ensure 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.

3.7 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 the timeframe set forth in Section 3.4 above, we will charge you for the missing Cylinders in accordance with Section 8.5.

3.8 The Services shall continue for as long as you adhere to the Terms, including payment, unless the Service was cancelled or terminated in accordance with these Terms.

4. Prices and Payment

4.1 Prices for the products are as displayed on our Website at the time you subscribe for the Service. In any case an additional discount is applied on the time you subscribe for the Service (for example, via a coupon code), such additional discount will not apply to subsequent orders. The final fee for each order will be calculated based on the Products Quantity for each category included in each order. The shipping fee is based on the value of the cart at the time of each shipment, as shall be displayed on our Website. The total price shall be inclusive of the shipping fee and all applicable taxes. We may change the prices for the products and/or remove or change any special offers or discounts at any time, at our sole and absolute discretion. We will notify you of such changes at least 7 days (but no more than 30 days) in advance, and you will have the option to cancel your Subscription Service before such changes come into effect, according to Section 8 below.

4.2 Your payment information will be collected at the time of your initial order. You will be charged for subsequent orders on a recurring basis based on the Shipment Frequency selected, as shown on My Account, via the selected payment method.

4.3 Payments can be made by Visa, MasterCard, American Express, PayPal, G-Pay and Shop, 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 at “My Account” page.

4.4 You can cancel your consent described in Section 4.2 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.

4.5 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, or there is any other issue with charging the payment method set up for the Subscription Service, the Subscription Services will be paused ("pending" status) until you update the payment method through "My Account". An email notification will be sent to notify on the payment issue. In such cases, SodaStream may also cancel your Subscription Service and any outstanding order.

4.6 No order will be sent until payment is received. The data registered by our payment system constitutes full proof of the financial transactions.  

4.7 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. 

5.  Registration, Orders and Changes

5.1 To subscribe to the Service, you must register and create an account on the Website, and read and agree to these Terms.

5.2 Orders 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 either by calling 1-800-763-2258 M-F 9A-7P EST or by submitting a contact us form found here or you can make it yourself by visiting "My Account”. We will send you an acknowledgement of receipt by email. 

5.7 You may change the product(s) type, the Products Quantity and/or the Shipment Frequency of each category of products, however you cannot remove Cylinders and leave flavors as the only Product Category. 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 The Changes mentioned in Sections 5.5-5.7above and section 6 below can be made through "My Account” or by contacting submitting a request to our customer care team.  

6. Update your upcoming delivery 

7. Delivery 

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 as stated in Section 8.5 below. 

9. Cylinder Ownership

10. Warranty and Liability 

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 the Website . 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 These Terms form the agreement 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 the state of Delaware and applicable federal law. 

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 information provided by our Customer Support or in other portions of our Website, these Terms will control with respect to the Subscription Service. 

12.6  If one or more parts of these Terms are deemed to be unenforceable, the remaining parts of these Terms 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, or if we delay in taking steps against you in respect of your breaching these Terms, 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. 

12.10 Each person is entitled to subscribe to two (2) Subscription Services