TERMS OF SALE
Date of publication on the site and entry into force 06/12/2019
1.1. These general conditions of sale apply to the purchase of "Costiera Caffè&Design" branded products (hereinafter the "Products") made through the e-commerce site www.costieracaffedesign.it (hereinafter the "Site"). The Site is owned by Costiera Caffè&Design by Annalisa Donnarumma, with registered office in via Carbone 9, 80069 Vico Equense, Naples (Italy), tax code DNNNLS88T41L845L, VAT number 09200851211 and registration number in the Naples Company Register ……. (hereinafter "Owner"), and is managed by the Owner himself.
1.2. The Owner, as well as the Seller, deals with the sale of the Products through the Site to the Customer. The Customer can be both the "Consumer", as defined by the art. 3, paragraph 1, letter a) of Legislative Decree no. 206/2006 (Consumer Code), or "any natural person who acts for purposes unrelated to any entrepreneurial, commercial, craft or professional activity carried out", and the "Professional", as defined by art. 3, paragraph 1, letter c) of the Consumer Code, or "natural or legal persons acting in the exercise of their entrepreneurial, commercial, craft or professional activity".
1.3. Any communication from the Customer connected and/or related to the purchase of the Products - including any reports, complaints, requests concerning the purchase and/or delivery of the Products, the exercise of the right of withdrawal, etc. - must be sent to the Data Controller at the email address firstname.lastname@example.org
1.4. Each purchase is governed by the general conditions of sale in the version that will be published on the Site at the time the order is sent by the Customer.
1.5. The Site is dedicated to retail sales. Under no circumstances will resellers, wholesalers or, in general, anyone who intends to purchase the Products for the purpose of subsequent resale, be able to make purchases on the Site. If one or more sales are made to a subject that cannot be qualified as a Consumer but as a Professional, who acts in the exercise of his/her business or for a purpose connected to it, these general conditions of sale will apply but, by way of derogation from the provisions in the same:
a) the purchaser will not be granted the right of withdrawal referred to in article 10;
b) the purchaser will not be able to benefit from the guarantee on the Products indicated in article 8;
c) the purchaser will not be granted any other safeguards, provided herein in favor of the Consumer, which reflect or comply with mandatory provisions of the law;
d) the sales contract concluded between the Seller and the buyer will be governed by Italian law, with the exclusion of the United Nations Convention on Contracts for the International Sale of Goods - Vienna Convention of 1980.
e) the Seller reserves the right to take all the necessary actions to stop the irregularities, including the suspension of access to the Site, the cancellation of the registration or the non-acceptance or cancellation of orders.
1.6. Simultaneously with the transmission of the purchase order, the Customer accepts that the confirmation of the information relating to the order placed and the present general conditions of sale are sent by e-mail to the address declared by the same during registration on the Site or during the purchasing process.
1.7. In order to make purchases through the Site, the Customer must be of legal age (18 years) and have the ability to act, which the Customer declares to possess.
2. Characteristics of the Products and their availability in the various geographical areas
2.1. The Products are sold with the characteristics described on the Site and according to the general conditions of sale published on the Site at the time the Customer sends the order, with the exclusion of any other condition or term. The essential characteristics of the Products are presented on the Site within each product sheet. However, the images and colors of the products offered for sale on the Site may change and/or not correspond to the real ones due to the internet browser and monitor used.
2.2. The Seller reserves the right to modify these general conditions of sale at any time, at its discretion, without the need to provide any notice to users of the Site. Any changes made will be effective from the date of publication on the Site and will apply only to sales completed as of that date.
2.3. The prices, the Products for sale on the Site and/or their characteristics are subject to change without notice. These variations operate only for orders not yet confirmed on the date of the variation itself. In any case, before sending the purchase order, the Customer is invited to check the final sale price.
2.4 The Site can be accessed by users from all over the world and the Site may contain references to Products that are not available or cannot be purchased in the Site visitor's country.
2.5 The Products available on the Site can only be purchased by users who request delivery in one of the States indicated on the Site.
3. How to purchase the Products
3.1. The presentation of the Products on the Site, which is not binding for the Seller, represents a mere invitation to the Customer to formulate a contractual purchase proposal and not an offer to the public.
3.2. The purchase order sent by the Customer to the Seller through the Site has the value of a contractual proposal and is governed by these general conditions of sale.
3.3. The Customer's purchase order is accepted by the Seller by sending to the Customer, to the e-mail address declared by the Seller to the Seller when registering on the Site, an e-mail confirming the order, the which will report the summary of the order made, including a detailed indication of the price, shipping costs and applicable taxes and a description of the characteristics of the Product ordered. The Customer's order, the Seller's order confirmation and the general conditions of sale applicable to the relationship between the Parties will be filed electronically by the Seller in its computer systems and the Customer may request a copy by sending a communication via e-mail to the Seller at address email@example.com.
3.4. Each contract for the purchase of the Products is considered concluded when the Customer receives the order confirmation from the Seller via e-mail.
4. Product selection and purchase procedure
4.1. The Products presented on the Site in the e-commerce section may be purchased by selecting the Products of interest to the Customer and placing them in the appropriate virtual shopping cart. Once the selection of the Products has been completed, in order to purchase the Products placed in the cart, the Customer will be invited to (i) register on the Site, providing the requested data, or (ii) to log in, if the Customer is already registered or (iii) to provide their data in order to complete the order and allow the completion of the contract. If the data indicated in the order are different from those provided during registration on the Site, the Customer will be asked to confirm their data (by way of example but not limited to: name, surname, etc.), as well as the address where to deliver the Products selected, the billing address and a telephone number where you can contact him for any communications relating to the purchase made. Professionals, who make the purchase for the purpose of carrying out or for the needs of their entrepreneurial or professional activity, are invited to indicate their VAT number in the appropriate field on the order completion page. The Customer will see a summary of the order to be executed, the contents of which can be modified using the "Review Order" button. Finally, through the "Pay Now" button, the Customer will be asked to confirm his order, which will thus be definitively sent to the Seller and will produce the effects described in the previous par. 3.2. of this contract. The Customer will also be asked to choose the payment method, among those available. If the Customer decides for the immediate payment method (at the same time as the purchase) by credit card or PayPal, he will be required to communicate the relevant data via a secure connection. For accounting and administrative needs, the Seller reserves the right to verify the personal details indicated by the Customer. If the payment is made by credit card, the purchase amount will be debited only at the time of transmission of the order confirmation from the Seller to the Customer.
To issue the invoice, the information provided by the Customer when placing an order will prevail. No variation of the invoice will be possible after it has been issued. When ordering, it is necessary to indicate if the shipping address is different from the billing address.
4.2. If during the Product selection procedure on the Site referred to in point 4.1 above, the Customer detects that the price of one or more of the Products he intends to select for the subsequent purchase is clearly lower than that normally applied, net of any discounts and/or promotions in force at that time, due to an evident technical problem occurring on the Site, please do not complete your purchase order and report the aforementioned technical error to the Seller by sending an e-mail to email firstname.lastname@example.org
attached to the e-mail sent by the Seller. In the event that the Customer has chosen the option referred to in point (b) (ii) above, the Seller will reimburse the Customer for the payments made by the same in relation to the canceled order, including delivery costs, without unduly delay and, in any case, no later than 14 days from the cancellation of the order, using the same means of payment used by the Customer for the initial transaction.
4.3 Where existing, the promotional codes offered on the Site are valid only for the Products and during the period of time indicated from time to time. Promotional codes are non-refundable or non-combinable. To take advantage of the discounts and/or offers connected to the promotional codes, the Customer who is in possession of them must enter the promotional code in the appropriate space on the Website when confirming an order. It is understood that an order cannot be canceled or renewed to allow the use of a promotional code previously not entered by the Customer at the time of order confirmation.
5. Delivery of goods and acceptance
5.1. The Site indicates the availability of the Products and their delivery times, however, such information is to be considered purely indicative and not binding for the Seller.
Orders are subject to minimum or maximum quantity limitations and products are offered within the limits of stock availability.
5.2 The Seller undertakes to do everything within its power in order to respect the delivery times indicated on the Site and, in any case, to carry out the delivery within a maximum time of 30 (thirty) days starting from the day following the one in which the Customer has sent the order. In the event of non-execution of the order by the Seller, due to the unavailability, even temporary, of the Product, the Seller will provide written notice to the Customer and will refund any sums already paid by the Customer for payment of the Product pursuant to the following par.
5.3. The shipment of the Products ordered by the Customer will take place in the manner indicated on the Site at the time the order is sent. The Customer undertakes to promptly check and no later than 5 (five) days from receipt of the Product that the delivery includes all and only the products purchased and to promptly inform the Seller of any defect in the products received or their discrepancy with respect to the order carried out, according to the procedure referred to in the following art. 8 of these general conditions of sale, failing which the products will be considered accepted. If the packaging or wrapping of the products ordered by the Customer should reach its destination clearly damaged, the Customer is invited to refuse delivery by the carrier/shipper or to accept delivery "with reserve".
5.4 Once the term referred to in the previous par. 5.3. without the Customer having formulated objections in the terms and in the manner specified above, the delivered Products will be considered definitively accepted by the Customer, without prejudice to the provisions of Articles 8 and 10 below.
6. Prices, shipping costs, duties and taxes
6.1. The price of the Products is that indicated on the Website at the time the Customer sends the order. Prices include standard packaging costs, VAT (if applicable) and any indirect taxes (if applicable), while they do not include shipping costs which are calculated before the order confirmation sent by the Seller to the Customer and which the same Customer undertakes to pay the Seller in addition to the price indicated on the Site.
6.2 Depending on the country to which the Products are to be delivered, the relative shipping costs will be displayed on the Site during the order creation process, which the Customer undertakes to pay in addition to the price of the Products ordered.
6. 3. The Customer must pay the Seller the total price, as indicated in the order and in the order confirmation sent by e-mail from the Seller to the Customer.
6.4. If the Products are to be delivered to a country that does not belong to the European Union, the total price indicated in the order and reiterated in the order confirmation, inclusive of indirect taxes (if applicable) is net of any customs duties and any other sales tax, which the Customer hereby undertakes to pay, if due, in addition to the price indicated in the order and confirmed in the order confirmation, according to the provisions of the law of the country in which the products will be delivered . The Customer is invited to inquire with the competent bodies of his country of residence or destination of the products, in order to obtain information on any duties or taxes applied in his country of residence or destination of the products.
6.5. Any additional costs, charges, taxes and/or duties that a given country should apply, for any reason whatsoever, to the Products ordered on the basis of these general conditions of sale are the exclusive responsibility of the Customer.
6.6. The Customer declares that the lack of knowledge of the costs, charges, duties, taxes and/or taxes referred to in the previous par. 6.4. and 6.5., at the time of sending an order to the Seller, cannot constitute cause for termination of this contract and cannot in any way charge the aforementioned charges to the Seller.
7.1. Payment can be made with the following payment methods:
- Credit card: (American Express, Visa or Mastercard) through the Stripe payment platform. The amount of the order will be charged only when the order is actually approved.
- PayPal: online payment system that allows any company or consumer with an email address to send and receive payments, subject to registration. Payment is made through the PayPal payment platform. More information
The Seller may allow additional payment methods, indicating them in the payment section of the Site.
7.2. The Seller will promptly send the Customer, if required by applicable law, in electronic format via e-mail to the address declared by the same, the tax receipt relating to the purchase made.
Seller's legal guarantee of conformity, reporting of conformity defects and interventions under guarantee
8.1. Pursuant to and for the purposes of the European Directive 44/99/CE and the Italian legislative decree n. 206/2005 (Consumer Code), the Seller guarantees the Consumer that the Products will be free from defects and conform to the descriptions published on the Site. All products, other than food products, sold on the Site are covered by the manufacturer's standard guarantee and by the 24-month warranty from the relative delivery for lack of conformity in accordance with the aforementioned legislation. For purchases of products made on this Site by Professionals, the Seller provides the legal guarantee (lasting 1 year from delivery of the Products) pursuant to articles 1490 to 1497 of the Italian Civil Code. The application of any guarantee is excluded in the event of improper use or non-compliant maintenance of the Product that does not comply with that of the Product and with the instructions/warnings in this regard provided by the Seller/Owner, or indicated in the reference illustrative documentation, in the tags or in the labels.
8.2. Under penalty of forfeiture of this guarantee, the Consumer has the burden of reporting any non-compliance within and no later than 2 (two) months from the discovery, sending to the Owner, by e-mail to the address email@example.com , the appropriate form correctly completed, with indication of the non-compliance found, as well as the relative documentation indicated in the return form itself (at least 1 (one) photograph of the Product, the order confirmation sent by the Seller and/or the tax receipt) . Within the terms referred to in the previous par. 8.1., the report of a lack of conformity must be sent by the Professional no later than 10 (ten) days from the date on which the lack of conformity was found. The report of the lack of conformity must be forwarded by the Professional to the Seller via e-mail at the address firstname.lastname@example.org ; the Seller will promptly notify the Professional of the methods by which to return or make the Product available. The legal guarantee allows the Professional, in the event of defects or lack of the promised or essential qualities of the purchased product, to obtain pursuant to articles 1490 to 1497 of the Civil Code: the termination of the contract, the reduction of the price, the restoration of the correct product operation. The termination of the contract involves the reimbursement (pursuant to the following paragraph 8.4) of the price by the Seller and the return of the Product by the Professional.
8.3. Following receipt of the form and related documentation, the Seller will evaluate the non-conformities reported by the Customer through the assistance service and, after having carried out the quality controls aimed at verifying the effective non-conformity of the Product, will decide whether to authorize the return of the Products by providing the Customer with a reply, containing the "Return Code", via e-mail to the address provided by the latter during the registration process on the Site or when placing the order. The authorization to return the Products will in no way constitute acknowledgment of non-compliance, the existence of which must be ascertained after the return. The Products for which the Seller has authorized the return must be returned by the Customer, together with a copy of the return authorization communication bearing the "Return Code", within 30 (thirty) days of reporting the non-compliance, to the following address: Costiera Caffè&Design by Annalisa Donnarumma, Via Carbone 9, 80069 Vico Equense (Naples), ITALY.
8.4. If the Seller is required to reimburse the Customer for the price paid, the reimbursement will be made, where possible, by the same means of payment used by the Consumer when purchasing the Product or by bank transfer. It will be the Customer's responsibility to notify the Seller, always via e-mail to email@example.com , of the bank details to make the transfer in his favor and to ensure that the Seller is in a position to be able to return the amount due .
9. Liability for Defective Products
9.1. As regards any damage caused by defects in the Products, the provisions of the European directive 85/374/EEC and the Italian legislative decree n. 206/2005 (Consumer Code).
Right of withdrawal
10.1 Without prejudice to the exceptions referred to in article 59 of the Consumer Code, the Consumer has the right to withdraw from any contract concluded pursuant to these general conditions of sale, without having to provide any reason and without any penalty, within the term of 14 (fourteen) days from when (i) the product was delivered or (ii) in the case of the purchase of several products delivered separately with a single order, the last product was delivered.
10.2 To exercise the right of withdrawal, the Consumer must inform Costiera Caffè&Design, before the expiry of the term referred to in point 10.1 above, of his decision by sending an email to firstname.lastname@example.org including the order number and the 'email with which you made the purchase.
10.3 Following the provisions of point 10.2 above, the Consumer will receive an email confirming the withdrawal, containing, if he has already received the ordered product in the meantime, the return form to be included in the package, and instructions for proceed with the return of the product, to be sent within and no later than the following 14 days to Costiera Caffè&Design by Annalisa Donnarumma
Via Carbone 9, 80069 Vico Equense
10.4 If the Consumer has received the product, he is required to return it to the Seller without undue delay and, in any case, within 14 days from the day on which you communicated the withdrawal. The deadline is met if the Consumer returns the goods before the 14-day period has expired. The direct risks and costs of returning the goods will be borne by the Consumer. If the Consumer exercises the withdrawal through the Site, before confirming the withdrawal request he will be indicated the cost for returning the goods, if he wants to use the return service offered by the Site.
10.5 In the event of withdrawal, the payments made will be reimbursed to the Consumer, including delivery costs (with the exception of additional costs deriving from the possible choice of a type of delivery other than the least expensive type of standard delivery offered), without undue delay and, in in any case, no later than 14 days from the exercise of the withdrawal. These refunds will be made using the same means of payment used by the Consumer for the initial transaction, unless the Consumer requests a refund on a different means of payment, in which case any additional costs deriving from the different means of payment will be borne by the Consumer. The refund may be suspended until receipt of the goods or until the Consumer demonstrates that he has returned the goods, whichever comes first. In any case, the costs for any duties or additional taxes for returning the Product to the Seller will be borne by the Consumer.
10.6 The Consumer is responsible for any diminished value of the goods resulting from handling other than that necessary to establish the nature, characteristics and functioning of the goods. Therefore, if the returned goods are damaged (for example with signs of wear, abrasion, nicks, scratches, deformations, etc.), not complete with all their elements and accessories (packaging materials, boxes, documentation and/or other objects contained in the original packaging), not accompanied by the attached instructions/notes/manuals, the original packaging and packaging and the guarantee certificate, where present, the Consumer will be liable for the decrease in the value of the goods, and will be entitled to a refund of the amount equal to the residual value of the Product. To this end, therefore, the Consumer is invited not to manipulate the goods beyond what is strictly necessary to establish their nature, characteristics and functioning and to cover the original wrapping of the Products with other protective packaging that preserves their integrity and protect it during transport also from writing or labels.
10.7 The Seller will take delivery of the returned Products, reserving the right to verify that they have been returned in the conditions described in the previous par. 10.6.
14. Force majeure
14.1 The Seller will not be liable in the event of total or partial non-fulfilment of its obligations under any contract concluded pursuant to these general conditions of sale, if such non-fulfilment is caused by unforeseeable events and/or natural events beyond its reasonable control, including, by way of example but not limited to, any natural disasters, acts of terrorism, wars, popular uprisings, power failures, general strikes by public and/or private workers, strikes and/or traffic restrictions on couriers and air connections.
15. Applicable law, conciliation attempt and competent court
15.1. Each sales contract concluded between the Seller and the Customers pursuant to these general conditions of sale will be governed and interpreted in accordance with Italian laws and in particular, in the case of a contract concluded between the Seller and a Consumer, by the Consumer Code (Legislative Decree 206 of 6 September 2005), with specific reference to the legislation on distance contracts and the legislative decree of 9 April 2003 n. 70 on certain aspects concerning electronic commerce. In any case, the rights possibly attributed to Consumers by mandatory provisions of law in force in the State of the latter will remain unaffected.
15.2. In the event of disputes between the Seller and a Consumer, we guarantee from now on our participation in an attempt at amicable conciliation that each Consumer can promote before ConciliaCamera, an independent and institutional service provided by the Chamber of Conciliation of the Chamber of Commerce of Naples , which allows a satisfactory agreement to be reached, with the help of a neutral and competent conciliator, in a friendly and secure manner on the internet. For more information on the ConciliaCamera regulation or to send a conciliation request, access www.na.camcom.gov.it .
15.3. As an alternative to the conciliation attempt referred to in point 15.2 above, the Consumer also has the right to access the European Online Dispute Resolution platform (the European ODR Platform ) for the resolution of any dispute between the Seller and the Consumer. The European ODR Platform is developed and managed by the European Commission, in compliance with Directive 2013/11/EU and EU Regulation no. 524/2013, in order to facilitate the independent, impartial, transparent, effective, rapid and fair out-of-court settlement of disputes concerning contractual obligations deriving from online sales or service contracts between a consumer resident in the Union and a professional established in the Union through the intervention of an ADR (alternative dispute resolution) body that has adhered to it, which can be selected from a special list available there. For more information on the European ODR Platform or to initiate, through the latter, an alternative resolution procedure for a dispute relating to this contract, access the following link: http://ec.europa.eu/odr . The Seller's e-mail address to be indicated in the European ODR Platform is the following: email@example.com.
15.4 If the conciliation attempt referred to in paragraph 15.2 or 15.3 above is not adhered to or if such attempt should have a negative outcome, the dispute will be referred exclusively to the Court of Torre Annunziata (NA), except in the case in which this provision does not find application due to mandatory laws in force in the country of residence of the Consumer.