General Terms & Conditions of Sale

These General Terms and Conditions of Sale (these “Terms of Sale”) govern the sale of products, including coffee, pastries, beverages, baked goods, salads, desserts, sandwiches, pizza and QSR/grab and go items (the “Products”) by Eataly Caffe LLC and Eataly Net USA LLC having an address at 43West 23rd Street New York, NY 10010 (“Eataly” or “we”) on the application Eataly Caffè (the “Application”) for pickup at one of Eataly’s U.S. store locations as selected by Customer (as defined below). The Products shall only be purchased for personal use, and not for resale or other commercial purposes, by users who are at least 18 years old (“Customers” or “you”).

By placing an order for Products on the Application, you expressly accept the Application Policies (as defined below), and Eataly’s acceptance of your order, and agreement to deliver the Products, is expressly conditioned on your acceptance of the Application Policies. 

1. Orders

All orders are subject to written acceptance by Eataly. Receipt and acceptance of an order, or rejection thereof, by Eataly shall be confirmed by in-app notification and email sent to the email address indicated by the Customer when submitting the order.  If the order is accepted, the Application order page and email order confirmation will include a summary of the purchase (i.e., order summary, price of the Product(s), sales tax, Eataly store selected for pickup) and an order number, which must be used in all future communications with Eataly regarding such order.  Once payment for the Product(s) has cleared and the order is ready for pick-up, you will receive an in-app message and a confirmation e-mail.  This information may also be accessed through the “Orders” section of your account.

Orders shall be filled in the order in which they are received by Eataly, subject to availability, and Eataly reserves the right to fulfill orders partially.

Eataly reserves the right, at any time for any reason, to cancel, refuse to process or refuse to accept an order, in whole or in part, even after an order confirmation has been sent to a Customer.  Eataly shall not be liable to the Customer or any other third party for refusing to process or accept an order after the Customer has received an order confirmation.  In the event that Eataly, for any reason, cannot fulfill, cancels or refuses to process an order that has already been accepted in writing by Eataly, Eataly shall notify the Customer in writing by email and refund the Customer any payment or portion thereof that Eataly received for the applicable order or portion thereof.  If only certain Products ordered by the Customer are unavailable, any Products forming part of the same order which are still available will be prepared for pickup and charged to the Customer.

2. Products

The only Products offered for sale by Eataly are those shown on the Application.  Eataly reserves the right to modify or discontinue any Product offered for sale on the Application without notice to the Customers at any time. 

Customers acknowledge and agree that all images shown on the product pages or other pages of the Application are shown for information purposes only and may not be wholly representative of the Products and their features.  Products may have variations from the images shown on the Application, including without limitation as a result of the different devices used to view the Application or device settings, manufacturing process or supply issues, the availability and variability of Products, or preparation methods. We attempt to display the Products and other materials and information you view on the Application, including pricing, as accurately and reliably as possible. However, we do not guarantee the accuracy of such materials and information. In the event of an error, we reserve the right, in our sole discretion and subject to these Terms of Sale, to correct such errors and revise your order accordingly (including charging the correct price) or to cancel your order and issue you a credit refund.

3. Prices and Payment Methods

All prices indicated on the Application shall be in U.S. Dollars, and shall be exclusive of applicable taxes.  All applicable taxes shall be added to the price at check-out, and the Customer shall have an opportunity to review all such charges prior to completing and submitting an order.  The amount of taxes and other charges shall depend on various factors, including, without limitation, the type of Product purchased and the price of the Product.  Sales tax regulations may change between the time you place an order and the time payment is cleared, which may affect the calculation of sales taxes. The amount appearing on the checkout page may differ from the sales taxes ultimately charged, as indicated in the confirmation e-mail.

We reserve the right to change the prices of any Products at any time without notice to you. Further, in the event that any items on the Application are mispriced, Eataly shall have the right to refuse or cancel any orders placed for Products listed at the incorrect price, regardless of whether the Customer has received an order confirmation or paid for the order. If the order is cancelled by Eataly after payment has already been made, Eataly will promptly refund the amount of the incorrect price to the Customer.

The price of the Products and applicable sales taxes will be charged to your account when Eataly is ready to make the Products available for pickup.  Customer cannot pick up the Products unless and until full payment has been received and cleared by Eataly.  Payment for the Products may be made by credit card or debit card, Apple Pay, Google Pay and Eataly “Ambassador” loyalty points. All payments made through the Application are secure; for more information on Eataly’s secure collection of your payment information, please visit our Privacy Policy.

At checkout, the Customer may apply any coupons or other promotional codes offered by Eataly.  The system will automatically adjust the total order amount, deducting any discounts or allowances.  Any coupons or promotional codes may only be used in accordance with the terms provided upon issuance of the coupon or promotional code. Only one promotional code can be used per order and promotional codes cannot be transferred to others or redeemed for cash or credit.

4. Pick-Up

When an order is ready for pickup, you will receive an in-app message and email indicating that you may pick up your order from the selected Eataly store location at the designated pickup area. Pickup dates and times set forth in any order, order confirmation or in these Terms of Sale are estimates only and such estimates shall not be deemed a representation by Eataly.  Eataly shall not be liable for failure to make the Products available by the estimated pickup date/time, and the Customer shall not be entitled to any refunds or cancellation of orders as a result of any such delay. Please note that if an order including perishable Products is not timely picked up by the Customer, we may be required by law to dispose of it after a certain timeframe for health and safety reasons.

Once the Products are made available for pickup, the risk of loss or damage shifts to the Customer.

5. No Refunds

Charges paid by you for completed orders are FINAL AND NON-REFUNDABLE. Eataly has no obligation to provide refunds or credits, but may grant them, in each case in Eataly’s sole discretion.

6. Limitation of Liability

YOU ARE SOLELY RESPONSIBLE FOR, AND ASSUME ALL RISKS RELATED TO, THE PROPER AND SAFE PREPARATION (INCLUDING STORAGE), USE, AND CONSUMPTION OF THE PRODUCTS. AS SUCH, THE PRODUCTS ARE PROVIDED “AS-IS” AND “AS AVAILABLE,” AND EATALY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE PRODUCTS, AND, TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, EATALY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT, AND THERE ARE NO WARRANTIES, EXPRESS OR IMPLIED, WHICH EXTEND BEYOND THE DESCRIPTION OF THE PRODUCTS CONTAINED ON THE ORDER CONFIRMATION. YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT WE STORE, PORTION, PACKAGE AND SELL PRODUCTS CONTAINING DAIRY, EGGS, SOYBEANS, TREE NUTS, PEANUTS, FISH, SHELLFISH OR WHEAT AND CANNOT GUARANTEE THAT CROSS-CONTAMINATION WILL NOT OCCUR BETWEEN PRODUCTS.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, IN NO EVENT WILL EATALY BE LIABLE FOR ANY LOSS, DAMAGE OR CLAIM FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, LOSS OF PROFITS, REVENUE, OPPORTUNITY OR DATA, OR DELAY, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL THEORY.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS. 

NOTWITHSTANDING THE FOREGOING, IN THE EVENT THAT EATALY IS FOUND LIABLE IN RESPECT OF ANY LOSS, DAMAGE OR CAUSE OF ACTION (WHETHER CONTRACTUAL, EXTRA-CONTRACTUAL OR OTHERWISE) ARISING OUT OF OR IN CONNECTION WITH ANY PRODUCT, EATALY’S LIABILITY SHALL BE STRICTLY LIMITED TO THE PRICE OF THAT PRODUCT.

7. Force Majeure

Eataly shall not be liable for any delay or failure in performance caused by circumstances beyond its reasonable control, including, without limitation, acts of God, war, acts of terrorism, insurrections, riots, embargoes, fires, strikes, delays in transportation, epidemic, pandemic or other public health issue, inability to obtain supplies of raw materials or equipment used in the manufacture of the Products, failure of any party to perform any contract with Eataly related to the production of the Products, blackouts or governmental laws, regulations, orders or actions.

8. Customer Service

Eataly’s customer service department is available for all inquiries regarding orders, purchases, complaints, requests for information and, more generally, these Terms of Sale by writing to customerservice@eataly.com or calling 212-539-0833.

9. Application Policies

For any other legal information concerning your access to, use of, or the way the Application may use and collect your personal information, please read the Application’s Terms of Service and Privacy Policy (together with these Terms of Sale, collectively, the “Application Policies”).

Eataly reserves the right to amend any portion of the Application Policies at any time and without prior notice to you; as such, please make sure you review the current Application Policies prior to making a purchase on the Application.  Any amendments or updates to any Application Policies shall be effective upon publication in their respective sections of the Application.

10. Miscellaneous

These Terms of Sale and their interpretation shall be governed by the laws of the State of New York without regard to its conflicts of law rules. Any disputes hereunder shall be resolved in the courts of the State of New York, County of New York.  The United Nations Convention on Contracts for the International Sale of Goods shall not apply to any purchase or sale hereunder.

These Terms of Sale, together with the other Application Policies, shall constitute the entire agreement between you and Eataly. The invalidity or unenforceability, in whole or in part, of any provision of these Terms of Sale shall not affect the validity or enforceability of any other provision hereof or any other term of the remaining Application Policies.  The headings contained herein are for purposes of convenience only and shall not control or affect the meaning or construction hereof.

Effective Date: March 26, 2025