Terms of sell
The offer and sale of products through the site www.caffeernani.com ("Site") are governed by these general terms and conditions ("Terms of Sale"). Terms of Sale are drafted in accordance with the provisions of law on contracts concluded off-premises and in particular by the provisions of Legislative Decree no. 6 September 2005, n. 206 (Consumer Code).
The parties of the sales contract are Ernani S.r.l. ( "Ernani") and the final consumer or the person (persona fisica) acting for purposes unrelated to his business or professional activities, identified through the Site, which has placed an order thereafter accepted by Ernani (“Client”).
APPLICATION AND AMENDMENT OF THE CONDITIONS OF SALE
By placing an order in the manner provided, the Client declares to have knowledge of all the information provided during the purchase process and to wholly accept the Terms of Sale. Ernani reserves the right to vary the Conditions of Sale by notice in this page of the Site.
Applicable Terms of Sale are those in force at the time of placement of an order. Any change will be effective after its publication on the Site.
REGISTRATION ON THE SITE FOR PURCHASE
CHARACTERISTICS AND PRICES OF PRODUCTS AND SERVICES
Images of products may not be fully representative of their characteristics and differ in color, size, optional accessories products. All support information for purchase are intended to merely provide general information, not attributable to real characteristics of a single product.
The published photographs are for information only and are not guarantees of qualities of the products.
Prices, descriptions or availability of the products on display are subject to change without notice.
The products are offered at the price indicated on the site at the date when an order is executed.
Perishable products are removed from sale two months before the due date.
Prices are inclusive of VAT, which will be detailed in the invoice of purchase of the product, if issued.
Unless otherwise stated, prices do not include shipping and delivery costs, which are still set out in the final section before sending an order and specified in the order acknowledgment sent by e-mail to the Cliente.
EXECUTION OF ORDERS
Orders can be made only by and for the following territories: Austria, Belgium, France, Germany, Italy, The Nederlands, United Kingdom, Romania, Slovenja, Spain, Sweden, San Marino and Vatican.
Orders are subject to limitations of minimum or maximum quantities and the products are offered in the stock availability limits.
If any, promotional codes (coupon) offered by Ernani and its partners are valid only for the products and during the period from time to time indicated. Promotion codes are not refundable and are not cumulative. To take advantage of discounts and / or offers related to promotional codes, i twill be necessary entering the promotional code in the field provided at the time of the order validation on the Site. If you forget to make use of a promotional code, an order can not be canceled or renewed so as to take into account the promotional code.
We will not accept orders that come from individuals who have not reached the age of majority.
The steps to place an order and execute the purchase contract are highlighted in the sequence of pages of the Site through texts and explanatory graphics.
You can correct any input errors before submitting an order.
CONFIRMATION OF RECEIPT OF AN ORDER AND ACCEPTANCE OF THE SAME
Upon receipt of an order, Ernani will automatically send a confirmation of receipt by e-mail, which will summarize all details of the order itself. Following receipt of an order, Ernani will verify the availability of the product ordered, and only after such verification, will communicate its acceptance of an order and the product shipping.
In the event that Ernani is not able to fulfill an order received, it shall promptly notify the Client.
Ernani reserves the right not to confirm an order given by the Client within 20 (twenty) Business Days from the order, through communication sent to the email address provided by the Client in the context of the order informing the Client itself regarding the unavailability of one or more of the products purchased. In this case, Ernani will refund the price and any shipping charges incurred by the customer, if any.
It is excluded any right of the Client to damages or compensation, and any contract or tort liability for direct or indirect damages to third parties and / or things caused by the non-acceptance of one o more orders.
ACCEPTED METHODS OF PAYMENT
Ernani accepts payment only through the systems listed below:
- Credit card (American Express, Visa or Mastercard); through the payment platform Braintree whihch is the property of PayPal. The total amount of an order will be charged on the date of actual shipment of the products.
- PayPal: online payment system that allows any business or consumer with an email address to send and receive payments upon registration. The payment is made through the PayPal payment platform.
- Satispay: online payment system that allows any business or consumer with an phone number to send and receive payments upon registration. The payment is made through the PayPal payment platform
- Advanced bank transfer: the shipment delivers when you receive the payments
Should the Client pay through PayPal, during the purchase, Ernani will store an identification code assigned to the Client's PayPal account, authorizing Ernani to an exclusive use linked to future purchases and will not be necessary again entering your access data in PayPal.
Ernani makes use of third-party tools for payment processing and will not enter in contact in any way with payment data - such as those related to credit card - supplied by the Client.
DELIVERY OF PRODUCTS
The product shipments and deliveries can be carried out on the territories of Austria, Belgium, France, Germany, Italy, The Nederlands, United Kingdom, Romania, Slovenja, Spain, Sweden, San Marino, Vatican. Ernani will perform the shipment of products purchased exclusively to the destination specified in an order. We do not accept shipments to PO Boxes and in the Italian municipalities listed in the following page.
Ernani will deliver the products ordered by the Client, by courier, at the address indicated by the same, approximately within 24 (twenty four) working hours from acceptance of the order. Delivery is usually within 4 (four) business days. Terms for receipt of the goods are only estimates.
Ernani will not be in any way responsible for damages suffered by the Client due to delays in delivery that are not dependent on unforeseeable circumstances by the parties at the time the order confirmation sent to the Client by Ernani.
The delivery costs are invoiced at the prices indicated on the Site on the date on which the oreder is sent.
The recipient of the goods is responsible for paying taxes and customs duties as provided by the requirements of the territory relevant to the destination of the products.
The courier is responsible for delivery. Ernani is committed to take note of any failure or delay in delivery of products through the Site and the customer service available by phone or via email at email@example.com ("Customer Service") and, where appropriate, to assist the Client to protect its rights as per law.
ACCEPTANCE OF PRODUCT BY CUSTOMER
Any damage to the packaging and/or product or the mismatch in the number of packages must be immediately notified through email at the address firstname.lastname@example.org. By signing the document the carrier, or, failing that, in case of failure to timely notifie a complaint, the Client attests the actual exterior product integrity and compliance of delivery.
Any problems with the actual physical integrity, correspondence or completeness of the products received must be reported within 10 Business Days of delivery by sending an email to email@example.com address.
Invoice will be issued for each order of the private Client who has entered the tax code and for each of the professional customer order or company with VAT number ("Professional Customer"). The invoice will be issued making use of the information supplied by the Client or by the Professional Customer in the context of the order. No change in the invoice will be possible after the issuance thereof. In the order, it is necessary indicating whether the shipping address is different from the billing address. If the private Client chooses not to enter its fiscal code number or social security number, or the Professional Customer chooses not to enter its VAT number, Ernani will not issue an invoice, or certify the payment by Issuing or receipt (art. 22, paragraph 1 Presidential Decree 633/72 and art. 2, letter. oo) Presidential Decree 696/96). It is therefore necessary indicating the relevant tax code or social security number or VAT number SUBSCRIPTION OF PAID PLANS
In the event that the Cliente adheres to the a subscription offer on the site ("Subscription"), the payments begin from the date of order fulfillment related to the activated Subscription.
In particular, with reference to the Subscription that provides for a delivery once a month, in the event that the Subscription is activated in a day that lies between the first and the last day of the month, the first order related to that Subscription will be processed the first day of the month following the month of intervened subscriptioned.
Similarly, in the event that the Clients modifies an already existing paid plan, the relative change will be effective as of the first day of the month following that in which the change was made by the Client.
In case, however, it is entered into a subscription that includes a delivery every two weeks, the first order related to such Subscription will be processed on Monday of the week following that of the intervened subscription.
Similarly, in the event that the Client changes an existing paid plan, the relative change will be effective as of Monday of the week following that in which the change was made.
The subscription has a monthly or bi-weekly term ("Term") and to maintain the Subscription active for successive periods of duration, the Subscription is to be renewed in respect of any period of payment. The Subscription is renewed automatically through the positive outcome of the payment for the following period of duration using the payment method the Client has chosen and notified at the time of purchase, allowing Ernani to keep its data only for the purpose of charging the service for the following period of duration of Subscription.
The renewed Subscription will be extended for the same period of the original Subscription.
The Client may revoke the Subscription at any time. In case of non-renewal or withdrawal, the Subscription is intended canceled and shall cease to have effect upon the expiration of the period of duration for which a valid payment was made. Therefore, the cancellation of a Subscription will be effective from the first day of the month following the month in which the cancellation of Subscription has intervened in the case of Subscription providing for a delivery per month, or from Monday of the week following the two weeks period in which the cancellation has occurred.
The delivery of the products in Subscription takes place, depending on the paid plan chosen by the Client once every two weeks or once every month.
Delivery is for all Clients who have opted for the Subscription that includes a delivery per month, the first day of the month and, in the event of a plan that provides for the delivery every two weeks, every first Monday of the week following the one during whihc the Subscription has been entered into and every other following Monday .
The charge of the Subscription consideration will, in case of Subscription which provides one delivery per month, one time per month and, in particular, on the first day of the month. In the event that the Client has activated a subscription that includes a delivery every two weeks, payment will take place on the first Monday following the week during which the Subscription has been entered into and every other following Monday.
Any changes in the chosen Subscription plan have effect from the period of duration following the one in which we receive the relevant communication.
In case of cancellation of the Subscription, the consideration paid by the Cliente for the month during which the right to cancel the Subscription is exercised will not be refunded and, therefore, the cancellation will take effect from the next period of duration following that in of which the cancellation has been communicated to Ernani through the relevant page reserved to the registered user of the Site.
In the event that the subscription was purchased in physical stores and was then prepayed ("Prepaid Subscription"), you can not change your Subscription and/or withdraw from it and, in any way, get refunds in case of cancellation of Prepaid Membership. Only as a result of the subsequent signing of a Subscription through the Site and, in any case. following the expiration of its original term, that Subscription becomes subject to the same rules of Membership subscribed through the Site.
RIGHT OF WITHDRAWAL AND RETURN RULES
In execution of the provisions of Legislative Decree no. 21 February 2014, 21 implementing the Directive 2011/83 / EU on consumer rights, the Client can return the product purchased and obtain a refund of the purchase sum actually paid.
The right of withdrawal may be exercised within 14 days of receipt of the product in the following ways:
Before the expiry of that period, the Client sends an explicit statement to that effect through the specific section in the reserved area for registered users, or only in the case of unregistered user, by sending an email at firstname.lastname@example.org.
Customer Service contacts the Client by communicating the return number and sending a copy of the standard return form.
The Client inserts the return number and his data on the standard return form and inserts such standard return form in the same box in which the product was delivered.
The Client shall autonomously and at its own expense ship the returned product made no later than 3 working days from the communication of the return number.
The refund of the price paid for the purchase of the product does not include the shipping expenses incurred at the time of the order.
In the event that the value of the products has suffered a decrease caused by a use other than the required to verify nature, characteristics and functioning of the products, (for example: damaged products, not regularly packed or in a non-complete manner, or in which certain parts are missing or have been damaged, such as components, accessories, packaging materials, boxes, documents and / or other objects), Ernani will refund the Client the purchase amount minus the value of this reduction. In the event that the Client sends back products beyond the period referred above, or in the case of products open and / or partially used and that are not fit to be returned, the right of withdrawal will not apply and Ernani will return to the Client the product purchased by charging the Client the relevant shipping costs.
With the above limitation, Ernani will reimburse the amount actually paid by the Client within 45 (forty five) Business Days from receipt of the product made by credit note on bank account or credit card, or check.
The gift certificate is a credit to be used to purchase products on the website of Ernani.
The amount is scalable so it can be used for multiple purchases until all of the content value or partial payment of a purchase and the resulting balance is available for future purchases. The balance is not eligible for cash refunds for the amount content and can not be exchanged for cash.
The gift certificate can not be recharged and must be used within 12 months from the date of purchase. At any time it can be shown to have residual value on the site at the time of "Check Out".
The gift certificate is associated with an account and can not be used or sold to third parties account purchases. In case of loss of the code, the gift certificate can not be blocked and will not be replaced and no responsibility can be attributed to Ernani for its misuse or unauthorized use.
All products, other than food, sold by Ernani are covered by the manufacturer's standard warranty and 24-month warranty for defects of conformity under the Legislative Decree no. 24/2002 and Articles 130 and 132 of Legislative Decree no. 206/2005. To use the warranty, the Customer must keep the invoice, or, where existent, the transport document.
If the product is found to have manufacturing defects and/or have been damaged in transit, the Client can request a replacement of the same within the final deadline of ten (10) days of receipt by e-mail to email@example.com. The Client is also obliged to return the defective or damaged product in its original package in all its parts.
In case of replacement of the product, the shipping costs for the return shall be borne by Ernani. Ernani will then replace the product with an identical or, in case of out of stock and by arrangement with the Client, with one of an equivalent value.
Business Day means any day other than a Saturday or Sunday and public holidays in Desio and Milano (MB), Italy.
Terms of Sale, apply, mutatis mutandis, to Professional Customers. Provisions of Law to protect consumers does not apply to purchases of Professional Customers.
Ernani reserves the right to transfer, assign, novate or subcontract all or any of the rights or obligations under these Terms of Sale, provided that the rights of the Client provided here is not affected.
The Client may not assign or otherwise transfer its rights or obligations under these Terms of Sale without the written permission of Ernani.
All communications related to Ernani should be sent using the contact information set out in these Temrs of Sale.
If any provision of these Terms of Sale is held invalid or unenforceable, that clause will be eliminated while the remaining provisions will not be influenced by this and will remain effective.
GOVERNING LAW AND JURISDICTION
The sale of products and / or services takes place in the Italian State and is subject to the laws of the Italian Republic. Jurisdiction for the resolution of any dispute will be that provided by current Italian law at the time the contract is concluded.
Last updated 3 November 2016
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