IBD General Terms & Conditions
Diamond Bright LLC, dBa Italian Bean Delight (here in after called “IBD”) is committed to providing excellent services, products that best suits customer’s needs. Included below are our complete general terms and conditions of sales, services, consulting, and training, which govern procedures, responsibilities, shipping, damage, exchanges, cancellations, returns and warranties as well as the usage of the IBD website. Please read the following terms and conditions of use carefully.
All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If customer does not agree to these terms, please do not use this site.
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of IBD. The collective work includes works that are licensed to IBD. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with IBD or purchasing IBD products. Customer may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for customer’s own non-commercial use, or to place an order with IBD or to purchase IBD products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by IBD. customer further agree not to change or delete any proprietary notices from materials downloaded from the site.
All trademarks, service marks and trade names of IBD used in the site are trademarks or registered trademarks of IBD.
This site and the materials on this site are provided 'as is' and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, IBD disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. IBD does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected or that this site or the server that makes the site available are free of viruses or other harmful components. IBD does not make any warranties or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to customer.
IBD shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if IBD has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to customer.
In the event that an IBD product is mistakenly listed at an incorrect price, IBD reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. IBD reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and customer’s credit card is charged or not. If customer’s credit card has already been charged for the purchase and customer’s order is canceled, IBD shall issue a credit to customer’s credit card account in the amount of the incorrect price.
These terms and conditions are applicable to customer upon customer’s accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by IBD without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
IBD may deliver notice to customer by means of e-mail, a general notice on the site, or by other reliable method to the address customer have provided to IBD.
Customer’s use of this site shall be governed in all respects by the laws of the state of Florida, U.S.A., without any choice of law provisions, and not governed by the 1980 U.N. Convention on contracts for the international sale of goods. Customer agrees that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of IBD products) shall be the courts located in Collier and Lee County, Florida. Any cause of action or claim customer may have with respect to the site (including but not limited to the purchase of IBD products) must be commenced within one (1) year after the claim or cause of action arises. IBD's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. IBD may assign its rights and duties under this Agreement to any party at any time without notice to customer.
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a IBD or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. Customer may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. Customer may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
IBD does not and cannot review all communications and materials posted to or created by users accessing the site and is not in any manner responsible for the content of these communications and materials. Customer acknowledges that by providing customer with the ability to view and distribute user-generated content on the site, IBD is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, IBD reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to IBD in its sole discretion.
Customer agrees to indemnify, defend, and hold harmless IBD, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to customer’s account (including negligent or wrongful conduct) by customer or any other person accessing the site using customer’s Internet account.
To provide a possible increased value to our visitors, IBD may link to sites operated by third parties. However, even if the third party is affiliated with IBD, IBD has no control over these linked sites, all of which have separate privacy and data collection practices, independent of IBD. These linked sites are only for customer’s convenience and therefore customer accesses them at customer’s own risk. Nonetheless, IBD seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).
The IBD shall not be responsible for and disclaims all liability for any loss, liability, damage (whether direct, indirect or consequential), personal injury or expense of any nature whatsoever which may be suffered by customer or any third party (including customer’s company), as a result of or which may be attributable, directly or indirectly, to customer’s access and use of the website, any information contained on the website, customer’s or customer’s company's personal information or material and information transmitted over our system. In particular, neither the website owner nor any third party or data or content provider shall be liable in any way to customer or to any other person, firm or corporation whatsoever for any loss, liability, damage (whether direct or consequential), personal injury or expense of any nature whatsoever arising from any delays, inaccuracies, errors in, or omission of any share price information or the transmission thereof, or for any actions taken in reliance thereon or occasioned thereby or by reason of non-performance or interruption, or termination thereof.
Standard merchandise is defined as home espresso coffee machines, and home espresso coffee grinders unless otherwise noted on the product page.
- Home espresso machines are designed and intended only for the non-commercial usage and do not carry any commercial approval by the authorities of the United States. The home espresso coffee machines are not designed for a 24/7 usage and need to be switched off in a timely manner after usage. Customer is strongly recommended to follow the instructions in the manufacturer’s manual in regards of the water quality used in the machine. IBD at the request of the customer will provide additional information to avoid possible damage on the machine caused in minerals and sediments.
- Home espresso coffee grinders, including those built into super-automatic espresso machines, are intended to grind unflavored whole coffee beans only. Superautomatic machines can only grind medium roast and no dark roast, and not any oily coffee beans at all. The use of any grinder (unless specifically stated in our product detail pages) for flavored coffee beans, oily coffee beans, and other food products, or regrinding the grinds will render the coffee grinder (if applicable, espresso machine with built in grinder) as a non-refundable, non-returnable final sale. If a grinder product is returned with evidence of flavored coffee or other food products, the customer assumes responsibility of all costs to receive back the grinder. Otherwise, in 30 days, the grinder will be considered abandoned.
- Colors: IBD’s Graphics Department makes every effort to portray the color of an item as accurately as possible on our site. However, the color of an item may appear differently according to the settings on customer’s monitor. Unfortunately, IBD cannot guarantee the accuracy of the color displayed on customer’s monitor.
- Images: IBD strives to provide the most accurate images of the products as possible. However, despite our best efforts, some product images prove difficult or impossible to obtain. In these cases, IBD will use the closest representative image we can find for the product. These representative, illustrative images may show optional accessories or features, or may be an image of a similar product. The manufacturer reserve their rights, to upgrade, change elements or details on their products without upfront notice, hence the delivered product may vary from images or descriptions provided by IBD.
- Quantity: Products are sold individually unless otherwise noted.
- Dishwasher / Machine Wash: All products are NOT microwave or dishwasher safe unless otherwise noted.
- IBD recommends that customer reads carefully read product description and other related product literature such as Specification Sheets, MSDS Sheets, etc., before placing the order. If customer might have any questions or concerns about a product even after reading the description and product literature, customer should contact IBD upfront placing the order.
This policy only covers orders and shipments within the boundaries of the contiguous United States. This policy does not cover international orders, APO/FPO shipments, shipments made within the contiguous United States and brought/shipped outside the United States by the customer or one of his/her agents, or shipments made outside the contiguous United States.
If orders are canceled by the customer at any time after payment has been received and the order is not processed by IBD, customer is subject to a 10% restocking/cancelation fee. If a price adjustment, or offer match is in place, the restocking fee/cancellation fee is calculated from the original not discounted purchase price. Customer agrees to bear all costs related to a charge back claim, including charge back fees from all the transaction involved credit card organizations, IBD charge back processing fees ($ 200), and if applicable legal costs of IBD to recover the financial damage. If IBD cancels the order while processing the order, there is no cancellation fee applicable.
IBD, at its sole discretion may decline to ship an order, for example if the shipping address is different from the billing address, if the customer fails to provide a proof of address, if the customer fails to sign the credit card authorization form, if the customer does not provide IBD with additional requested documents to provide proof if customer’s identity and similar circumstances.
IBD sells all merchandise products under the INCO terms “ex work”: The risk of loss or damage of the merchandise is transferred to the customer at the time, when the merchandise is picked up from the IBD facility, in person, by USPS, FEDEX, UPS, or freight carrier. IBD insures the merchandise accordingly on behalf of the customer. Orders shipped via FedEx and UPS include the delivery to the customer's external door. Orders shipped via USPS include the delivery to a customer's mailbox or door, depending upon package size. Orders shipped on a pallet with a freight carrier are shipped to the very next freight carrier station close to the customers destination for pick up by the customer. There is no tail lift delivery and no delivery to a non-commercial address in the product listing and IBD invoice included. If customer wants to a possible avoid loss at the destination like delivery into mailbox, at door, at concierge service, with door man, administration office of condominiums, etc., customer needs to request IBD at the time of placing the order to ship instead to the very next UPS-location, FEDEX location, or USPS postal office for pick up there. IBD is not responsible for any loss or damage at the destination including wrong deliveries by the carriers to a different address, stolen merchandise after the carrier delivered at the address. Shipments cannot be rerouted by the customer.
Shipping and Handling Fees - Shipping fees (including shipping costs to provide "free shipping" or "shipping included in the purchase price" of the merchandise) to and from customer’s location are the responsibility of the customer, and handling fees are considered as non-refundable, and will be deducted from the overall credit after any restocking fees. Handling fees are our costs to internally process an order. Refusal of a delivery or purchases returned due to a carrier unable to make a delivery will subject the customer's credit to a reduction of the restocking fees and shipping fees to and from customer's location.
Damage during Shipping
Damages In Transit: Common Carrier (e.g. UPS, FedEx, USPS, DHL) - To increase customer satisfaction, IBD takes great care in inspecting EVERY piece of equipment that is shipped. Customer might notice that IBD do open boxes to inspect the equipment as well as adding packaging material for an extra safe shipping journey to every customer. Therefore, customer should not be alarmed if customer sees that IBD opened the box and re-sealed it; furthermore, grinders and machines might be tested by the manufacturer with water and coffee.
If customer rejects the receiving of the damaged merchandise, customer is liable for all damages. If customer fails to provide IBD with all requested information within days after receiving the merchandise, the customers claim for having received a damaged merchandise is forfeited.
Customer needs to inspect package immediately when received from FEDEX, UPS, USPS, or DHL. All claims for damages and shortages must be made within 3 business days of receipt of merchandise.
- Box Damage - If customer notices any apparent damages to the outer carton (for example gashes in the box, box severely crushed, internal packaging leaking peanuts, or creased corners), please alert the driver/carrier and make a damage notation with customer’s signature. Customer is requested to take pictures of the visible damage prior opening the merchandise.
- Concealed Damages (UPS, FedEx, and USPS only) - If customer notices any concealed damages, after signing off the carrier when customer open the merchandise, please call us within 3 business days of receipt to claim the concealed damage. The merchandise might be tested by the manufacturer with water, the grinder with beans. This is a quality control of the manufacturer and not a concealed damage, neither a sign or proof, that the merchandise was used, is used and not new, etc.
- Packaging – Customer needs to make sure to keep all packaging (boxes, shipping labels, peanuts, etc...) as the respective UPS. FedEx, or USPS inspector will need to inspect the package. Failure to keep and return all packaging will null and void all applicable return, exchange, and refund privileges.
All non-palletized orders/shipments are properly boxed and insured for delivery by common carrier to customer’s address. If customer’s equipment order has arrived with visible damage, please do NOT use the merchandise. Once used, the carrier, as well as customer, will deem the shipment as "accepted and acceptable" or "used", and the carrier will not issue a claim number nor pay for any damages. If there is no visible damage to an espresso machine, please check the operation of the machine with water only to inspect for internal damages which would show water leakage. If there is water leakage, please call us within 3 business days and please unplug equipment. If there is no physical damage to a coffee grinder, please turn it on without coffee to inspect for any strange noises. We cannot issue a replacement, exchange or refund unless a claim number is issued. Customer’s use of purchased item(s) damaged in transit or failure to keep all packaging for the carrier's inspection will null and void our, if applicable, return, exchange, and refund privileges.
Please use our contact page to notify that customer’s machine, grinder, or shipment was damaged, we will gladly ship a replacement of the same item only or replacement part when a claim number is issued by UPS, FedEx, or USPS, after the damaged unit has been returned to us in the original carton shipped. Replacements or refunds will not be issued if the damaged order is shipped back in a carton different than what we shipped to a customer as UPS, FedEx, and USPS will only investigate claims that have the original shipping carton included. In cases where damage has occurred to parts that can be replaced (including, but not limited to removable water reservoir, bean hopper, dump box), IBD reserves the right to send only those replacement parts that were damaged in transit. If customer is not satisfied with merchandise or resolution provided by IBD, refuses an exchange or replacement part determined by IBD, and/or requests a refund, customer is responsible for restocking fees and shipping costs "to" and "from" customer's location (this includes deducting shipping costs from purchases that included shipping or had free shipping).
Please note that domestic claim numbers for USPS can take up to 6 months and for UPS/FedEx can take up to 15 days. Our damage policy does not apply for customers or their agents who re-ship our packages outside the United States.
For all claims made for shipments that a common carrier did not require a signature, the customer is responsible for providing and filing a local police report and to send a copy to IBD and the carrier prior to re-shipment of an order or refund, both of which are subject to the tariff and procedures of the carrier, which can include a wait time of up to 30 business days.
IMPORTANT! PALLET SHIPMENTS - Concealed Damages on Deliveries Via LTL Freight Trucks (I.e. Roadway, Con-Way, Yellow, R&L, etc ): Whenever a freight truck company delivers customer’s order, please open the carton(s) and inspect customer’s shipment PRIOR to signing the delivery receipt (Bill of Lading). The driver cannot leave until customer have signed the delivery receipt. Once the Bill of Lading is signed, customer have indicated to the trucking company and IBD that the merchandise was delivered in good order. There is no recourse for damage recovery once the delivery receipt (Bill of Lading) was signed for by customer or one of customer’s agents. ON PALLETIZED TRUCKLOAD SHIPMENTS, DRIVER DOCUMENTS MUST BE NOTED OF DAMAGES BEFORE SIGNING. INSPECT SHIPMENT BEFORE SIGNING! THIS IS CUSTOMER’S ONLY PROOF OF DAMAGE AND FAILURE TO NOTE THE BILL OF LADING WILL FORFEIT CUSTOMER’S AND OUR RIGHT FOR AN INSURANCE CLAIM AND FOR REPAIR OR REPLACEMENT OF PARTS OR EQUIPMENT. It is not good enough to tell the driver, and he/she will rush customer as the driver does not care. Please take pictures on customer’s cellphone or other camera in the presence of the driver. In addition, IBD must be notified in writing of the damages within 3 business days of customer's receipt of order. Please also send pictures so IBD can determine severity of damage.
Merchandise like espresso machines, and grinders come with a manufacturer’s warranty against material defects accordingly for a certain time period (for example one year, or two years, etc.). The warranty period starts with the date of the purchase from IBD.
IBD processes the warranty claims for Nuova Simonelli, Victoria Arduino and Macap. For all other manufacturer’s, IBD will connect its customers with the manufacturer claims department, or the assigned importer of a manufacturer, to file the warranty claim accordingly.
Shipping costs for warranty claims are not covered under the manufacturer’s warranties against material defects.
All manufacturers reserve their rights to repair in a warranty case the merchandise with new or used parts, or to replace the faulty merchandise at their sole discretion.
Manufacturer do not cover warranty claims caused by user error or negligence, including, but not limited to, not reading the owner's manual or instructions included with the purchased item. Adjustments, tuning at the request of the customer and performed by IBD are not considered defects. Temperature and/or adjustments (e.g. foot height, pump pressure, boiler temperature and other settings) on espresso machines are not considered defects when within the respectable range set forth by the manufacturer or IBD.
Any applicable warranty coverage is only in effect for merchandise that is utilized within the boundaries of the lower United States. Manufacturer’s warranties do not include any of the following: On-site service, in home visits, travel costs and similar monetary losses. Customers outside the contiguous United States requesting warranty coverage are responsible for all shipping costs to and from the customer's location for the entire warranty period and for shipping costs of any part(s) replacement.
Customer claims not as described, not (no longer) fit for intended use, incorrect merchandise received
All claims by customer for 'not as described', 'defective merchandise', “dead on arrival”, "not fit for intended use', 'no longer fit for intended use', and 'incorrect merchandise received' must be made in writing (email to firstname.lastname@example.org) within 3 business days of receipt of merchandise. A lack of a claim for 'not as described', 'defective merchandise', “dead on arrival”, "not fit for intended use', 'no longer fit for intended use', and 'incorrect merchandise received' will suffice as customer's approval that the merchandise is 'as described', 'is not defective', “not dead on arrival”, 'is fit for intended use' and is the correct merchandise received. Any aforementioned customer's claim will
- be limited to a copy of the listing or advertisement only on IBD’s internet pages and print advertisements,
- not include phone/email/verbal conversations with or by sales staff, and
- not include claims or advertisements made by manufacturers or third party’s advertisements, literature, or verbal claims.
IBD makes every effort to provide accurate detailed information. Customer understands that detailed specifications of products are subject to change without notice and may slightly differ (cosmetic, internals) when the product delivers, but the general purpose of the product remains the same. Customer will not hold IBD liable to changes in product features made by the manufacturer.
If customer sends to IBD a claim 'not as described', 'defective merchandise', “dead on arrival”, "not fit for intended use', 'no longer fit for intended use', or 'incorrect merchandise received', and the merchandise was paid with a credit or debit card, it is the customer’s duty to wait for IBD’s decision to accept or reject the claim, prior filing a charge back claim with customer’s credit card organization. Customer agrees to bear all costs related to a charge back claim, including charge back fees from all the transaction involved credit card organizations, IBD charge back processing fees ($ 200), if applicable legal costs of IBD to recover the financial damage.
For standard merchandise the customer has a return window of 20 days, which ends 20 calendar days after the invoice date.
Items outside of the standard merchandise definition are not eligible for return. Items that could be considered non-standard are not eligible for any return included but are not limited to items contained within the following categories or entitled as follows: commercial, open box, direct connect, plumbed, upscale, rebuilt, certified, refurbished, clearance, accessories, electrical parts, spare parts, coffee brewers, coffee grinders, or coffee. No food product can be returned back to us for any reason.
If customer’s wishes to return a merchandise, customer needs prior to return the approval by IBD. If approved by IBD, IBD will provide customer with the RMA number and the return address. The RMA number needs to be filed visible outside on the return shipment. Customer bears the costs for the return shipment. Any product(s) that lack a valid, missing, or a non-legible RMA will be refused and returned to sender. The issuance of a RMA number is not a guarantee for a refund. Acceptance of a return without an RMA number is not a guarantee for a refund, and a refund can still be denied.
Returns for a refund are only accepted if the merchandise is returned not used. Customer needs to return the merchandise unopened in its original carton, unused with no signs of wear and tear, no scratches, visible deformation imperfection of surface or structur, marks, or other imperfection etc.
- All Original Components Intact - must return every original component of the equipment, such as the original packaging, original internal parts, drip tray, porta filter, brew head (if removable), filter screens, filter baskets, user manuals, tampers, CD's, scoops, etc. Loose items must be secured to avoid movement in shipping for which the movement can cause damage while in transport back to us.
- Serial Numbers - Serial numbers must match, and the serial number sticker cannot be tampered with or removed in any way. Any evidence of tampering will automatically null and void all return and refund privileges.
- No Scratches, Dents or Stains - The machine and all components must be free of any surface marring.
- Thoroughly Cleaned - The machine, all parts and components must be absolutely clean and free of any coffee grounds, water and/or milk residues.
Customer needs further to return all accessories, including if applicable the manuals in perfect condition without marks and flaws. Customer needs to repack the merchandise in all buffers and packing material as customer did receive. Wrong set buffers might cause shipping damage and IBD will not be liable for customer’s wrong packaging. If customer’s merchandise came in a double box, customer need to send back in the double box. If customer does not have the original carton and buffer material, FEDEX offers to pack the merchandise for customer at a reasonable fee.
Eligible returns and refunds will not be processed for returns that arrive at our return center later than 30 calendar days of the invoice date.
Standard merchandise products, accepted by IBD for return with valid RMA number, and contained within the standard merchandise agreement within 20-days of the purchase date, will be refunded as follows:
(i) Merchandise returned unused, with all accessories, manuals, certificates, no signs of wear and tear, no scratches, visible deformation of surface, marks, etc. in original carton including buffering and boxing material, no water transportation damage through unemptied boilers etc. : The amount customer paid minus the shipping costs to customer, minus 3% credit card processor fees if paid by credit card, if customer selects to receive an IBD store credit, which will be emailed to customer in the form of a gift card. If customer selects a refund to customer’s original payment method, customer will receive a refund to customer’s original payment less 25% restocking fee.
(ii) Merchandise returned and not qualifying according to (i) above: The amount of refund correlates with the condition of the returned item and / or missing parts and documentations and / or water damage and will be refunded to customer’s original payment method.
Refunds are processed in the order in which they are received. After the product(s) have been received by the IBD return department and checked in (evaluation), IBD will inform customer about the refund amount, and will offer customer the different refund options. Either store credit or refund to customers original payment method will be processed within 20 business days, after the IBD return department received the merchandise back. If customer does not wait, until IBD processes the refund options and inform customer about, and customer file meanwhile a charge back claim with customer’s credit card organization, customer herewith agrees to bear all charge back fees, originated by any credit card processor involved, as well as processing costs of IBD and if applicable legal fees to recover the extra costs IBD suffers caused in customer’s action not to wait for the refund documentation and refund initiation of IBD.
Any eligible return item that is part of an order which included any discounts from a discounted package deal, customized order, build-to-order package, or a free gift with purchase may have those discounts reversed on the credit. For example, if a package deal includes free cleaner in a package with a $100 discounted grinder and an espresso machine, and only the espresso machine is returned, the credit will have the $100 discount and the sales price of the free cleaner deducted. In other words, the discount and sales price of the items kept will be deducted.
All purchases and services rendered shall in all respects be governed by the laws of the state of Virginia, U.S., regardless of the laws that might be applicable under principles of conflicts of law. The parties agree that the Florida courts located in Leesburg, Loudoun County, shall have exclusive jurisdiction over all controversies arising under this agreement and agree that venue is proper in those courts.
All purchases shipped to a Viriginia address or picked up at our retail location are subject to state Sales and Use Tax. Tax exempt organizations are required to present a completed ST-3 or ST-5 form and proceed with a phone purchase only as our online system does not recognize exempt organizations. Customers are reminded to comply and assume responsibility to pay any sales and/or use taxes to their state of residency. All taxes and brokerage fees related to the importation of goods into a country outside the USA are the responsibility of the customer.