Terms of sale

I maestri della tostatura media

The offer and sale of products through www.caffeernani.com (“Site”) are governed by the following general conditions (“General Terms and Conditions of Sale”). The General Terms and Conditions of Sale are formulated in accordance with the regulations on contracts concluded outside business premises and in particular by the provisions of Legislative Decree. September 6, 2005, no. 206 (Consumer Code).

PARTS

The parties to the sales contract are Ernani S.r.l. (“Ernani”) and the final consumer, i.e., the natural person acting for purposes unrelated to his or her business or professional activity, identified through the Site, who has placed an order accepted by Ernani (“Customer”).

APPLICATION AND MODIFICATION OF THE GENERAL CONDITIONS OF SALE

By placing an order in the manner provided, the Customer declares that he/she has read all the information provided during the purchase process and fully accepts the General Conditions of Sale. Ernani reserves the right to vary the Terms and Conditions by giving notice on this page of the Site.

The applicable Terms and Conditions of Sale are those in effect at the time an order is placed. Any changes will be effective after publication on the Site.

SITE REGISTRATION FOR THE PURPOSE OF PURCHASE

Registration with the Site is required, but only the information necessary for delivery and eventual billing of an order is requested for such registration.

If the Client wishes to cancel his or her registration, he or she may do so at any time.

Record keeping is required only in case of activation of the Subscription service, as defined below.

Information is provided in accordance with Ernani’s Site Terms of Use.

CHARACTERISTICS AND PRICES OF PRODUCTS AND SERVICES

Images of products may not be perfectly representative of their features, but differ in color, size, accessory products represented. All supporting information for purchasing is intended as merely general information material, not referring to the actual features of an individual product.

The photographs included are indicative and do not constitute a guarantee of the qualities of the products.

Prices, descriptions, or availabilitỳ of displayed products are subject to change without notice.

Products are offered at the price listed on the site on the date an order is placed.

Perishable products are removed from sale two months before the expiration date.

Prices include VAT, which will be detailed on the product purchase invoice, where issued.

Unless otherwise stated, prices do not include freight and delivery charges, which are however indicated in the final section before submitting an order and specified in the order receipt confirmation sent by e-mail to the Customer.

PLACING OF ORDERS

Orders can only be placed to and from the following territories: Austria, Belgium, Bulgaria, Cyprus, Croatia, Denmark, Estonia, Finland, France (excluding Corsica), Germany, Great Britain, Greece (excluding islands), Ireland, Latvia, Lithuania, Luxembourg, Malta, Norway, Poland, Portugal, Czech Republic, Romania, San Marino, Slovakia, Slovenia, Spain, Sweden, Hungary, and the Vatican.

Products are offered within the limits of stock availability.

Where existing, promotional codes (coupons) offered by Ernani and its partners are valid only for the products and during the period indicated from time to time. Promotion codes are non-refundable and non-cumulative. To take advantage of discounts and/or offers linked to promotional codes, you must enter the promotional code in the space provided when validating an order on the Site. If forgotten, an order cannot be cancelled or renewed in order for the promotional code to be considered.

Orders will not be accepted from individuals who are under the age of majority.

The steps to place an order and to conclude the purchase contract are highlighted in the sequence of pages on the Site through explanatory text and graphics.

It is possible to correct any data entry errors before submitting an order.

CONFIRMATION OF RECEIPT OF AN ORDER AND ACCEPTANCE OF THE ORDER

Upon receipt of an order, Ernani will automatically send a confirmation of receipt by e-mail, in which all the details of an order itself will be summarized. Following the receipt of an order, Ernani will verify the availability of the ordered product and, only after such verification, will communicate the various stages of the order, respectively: processing – shipped – delivered.

In the event that Ernani is unable to fulfill an order received it will promptly notify the Customer.

Ernani reserves the right not to confirm an order communicated by the Customer within 20 (twenty) Business Days from the order, by sending notice to the email address communicated by the Customer at the time of the order of any unavailability of one or more of the products purchased. In this case, Ernani will refund the price and any shipping costs incurred by the Customer.

Any right of the Customer to damages or compensation, as well as any contractual or extra-contractual liability for direct or indirect damages to persons and/or property caused by the non-acceptance of an order is excluded.

PAYMENT METHODS ACCEPTED

Ernani accepts payment only through the systems listed below:

  • Credit card (American Express, Visa or Mastercard); through Stripe’s payment platform. The total amount of an order will be charged at the very moment of order confirmation.
  • PayPal: an online payment system that allows any business or consumer with an email address to send and receive payments, subject to registration. Payment is made through the PayPal payment platform.
  • Satispay: a payment service that enables Merchant to receive payments, including recurring payments, (“Acquiring Service”) from entities using Electronic Currency issued by Satispay (“Users”).
  • Advance bank transfer: the order will be processed only when payment is collected by Ernani srl.

In the case of payment via PayPal, during the purchase, Ernani will store an identification code matched to the Customer’s PayPal account, which authorizes Ernani for exclusive use related to future purchases and you will not need to enter your PayPal login information again.

Ernani uses third-party tools for payment processing and in no way comes into contact with payment data – such as credit card data – provided by the Customer.

SHIPMENT OF PRODUCTS

Product shipments and deliveries can only be made to the territories of Austria, Belgium, Bulgaria, Cyprus, Croatia, Denmark, Estonia, Finland, France (excluding Corsica), Germany, Great Britain, Greece (excluding islands), Ireland, Latvia, Lithuania, Luxembourg, Malta, Norway, Poland, Portugal, Czech Republic, Romania, San Marino, Slovakia, Slovenia, Spain, Sweden, Hungary, and the Vatican.

Ernani will only ship purchased products to the destination specified in an order. Shipments are not accepted at P.O. Boxes and at the municipalities listed on the following page.

Ernani will ship the products ordered by the Customer, by courier, to the address indicated by the same, approximately within 24 (twenty-four) working hours after acceptance of the order. Delivery is generally within 3 (three) working days. The times given for receipt of goods are approximate only.

Ernani shall in no way be liable for damages suffered by Customer due to delays in delivery that are not dependent on circumstances foreseeable by the parties at the time the order confirmation sent by Ernani to Customer.

Delivery charges are billed based on the rates shown on the Site on the date an order was submitted.

The consignee of the goods is responsible for the payment of the taxes and customs charges prescribed by the regulations in force in the territory of destination of the products.

The courier is responsible for delivery. Ernani will endeavor to collect any reports of non-delivery or delayed delivery of products through the Site and customer service available by phone or email at shop@caffeernani.com (“Customer Service”) and, where appropriate, to assist the Customer in protecting its rights as required by law.

ACCEPTANCE OF THE PRODUCT BY THE CUSTOMER

Any damage to the packaging and/or the product or the mismatch in the number of packages must be immediately contested by email to info@caffeernani.com. By signing the courier’s document, or, failing that, in the event of failure to timely dispute, the Customer attests to the actual exterior integrity of the product and the conformity of the delivery.

Any problems concerning the actual physical integrity, correspondence or completeness of the products received must be reported within 10 working days of delivery by sending an email to shop@caffeernani.com.

BILLING

An invoice will be issued for each order of the Private Customer who has entered his tax code and for each order of the professional customer or company with VAT number (“Professional Customer”). The information provided by the Customer or Professional Customer when placing an order is the basis for issuing an invoice. No changes in the invoice will be possible after it has been issued. When ordering, you must indicate if the shipping address is different from the billing address. If the Private Customer chooses not to enter his/her tax code, or the Professional Customer chooses not to enter his/her VAT number, Ernani will not issue an invoice, nor will it certify payment by issuing a receipt or fiscal receipt (Art. 22, paragraph 1 DPR 633/72 and Art. 2, lett. oo) DPR 696/96).

SUBSCRIPTION

In the event that the Customer subscribes to the subscription offer on the Site (“Subscription”), payments begin from the very moment of activation of the Subscription.

The order will be processed and then shipped within 24 (twenty-four) business hours and then delivered within 3 (three) business days.

Similarly, in the event that the Customer modifies an existing fee plan, the relevant change will be effective from the order following the one in which the change was made.

The Subscription has a monthly, bimonthly or quarterly term (“term”) and, in order to keep the Subscription active for successive term periods, the subscription must be renewed in connection with each payment period. Subscription is automatically renewed through successful payment for the next term using the payment method that the Customer has chosen and communicated at the time of purchase, authorizing Ernani to retain the relevant data solely for the purpose of charging for the service for the next term of the Subscription.

Renewed Subscription will extend for the same period as the original Subscription.

The Customer may terminate the Subscription at any time. In the event of non-renewal or termination, the Subscription shall be deemed cancelled and shall cease to be effective upon the expiration of the Term period with respect to which a valid payment was made. Therefore, cancellation of a Subscription will be effective from the same day it is cancelled.

Delivery of Subscription products takes place, depending on the Subscription plan chosen by the Customer once a month, every two months or every three months.

Shipping takes place for all Subscription Customers by the next business day after renewal.

The Subscription fee will be charged on the Subscription renewal day, which can be viewed at the users’ personal section under the “Subscription” category.

Any changes in the chosen subscription plan take effect from the term period following the one in which they are announced.

Cancellation of the Subscription can be made at any time, within 24 (twenty-four) hours before the next renewal.

RIGHT OF WITHDRAWAL AND RETURN RULES

In execution of the provisions of Legislative Decree. February 21, 2014, No. 21 implementing Directive 2011/83/EU on consumer rights, the Customer may return the purchased product and obtain a refund of the purchase sum actually paid.

The right of withdrawal can be exercised within the period of 14 days after receipt of the product in the following ways:

Before the expiration of the aforementioned period, the Customer shall provide an explicit notice to that effect by means of the section of the Site reserved for registered users, or, in the case of a non-registered user only, by sending an email to shop@caffeernani.com.

Customer Service contacts the Customer by communicating the return number and sending a copy of the standard return form.

The Customer reports his or her legible data and the return number on the return form received, which he or she shall place in the same box in which the product was delivered to him or her.

The Customer shall independently and at his or her own expense arrange for the proper shipment of the returned product no later than 3 business days from the communication of the return number.

The refund of the price paid to purchase the product does not include any shipping costs incurred at the time of the order.

In the event that the value of the products has suffered a decrease caused by handling other than that necessary to establish the nature, characteristics and functioning of the products, (by way of example: damaged products, not regularly or completely packed, or in which certain parts, such as components, elements, accessories, packaging materials, boxes, documentation and/or other objects are missing or have been damaged), Ernani will refund the Customer the purchase sum minus the value of said decrease. In the event that the Customer sends back products after the above deadline or in the case of products that have been opened and/or partially used and are not suitable to be returned, the right of withdrawal does not apply and Ernani will return the purchased goods to the Customer, charging him/her the shipping costs.

Subject to the above limitations, Ernani will refund the amount actually paid by the Customer within 45 (forty-five) business days of receipt of the returned product by credit note to the bank account or credit card, or check.

GIFT VOUCHER.

The gift certificate is a virtual scaled card. Can be used to purchase products exclusively on the Ernani Site.

The amount is scalable so it can be used for multiple purchases until the contained value is fully depleted or a partial payment is made for a purchase and the resulting balance is available for future purchases. The balance does not entitle to cash refunds for the amount contained and cannot be exchanged for money.

The gift certificate cannot be reloaded and must be used within 12 months from the date of purchase. The remaining value on the Site at the time of “Check Out” can be checked at any time.

The gift certificate is associated with an account and cannot be used or transferred for third-party account purchases. If the code is lost, the voucher cannot be blocked, will not be replaced, and no responsibility can be attributed to Ernani for its improper or unauthorized use.

WARRANTY

All products, other than food products, sold by Ernani are covered by the conventional manufacturer’s warranty and 24-month warranty for defects of conformity in accordance with D.Lgs. 24/2002, as amended, and Articles 130 and 132 of Leg. 206/2005. To take advantage of warranty service, the Customer must keep the invoice, or where non-existent, the shipping document.

If the purchased product turns out to have manufacturing defects and/or to have been damaged during transportation, the Customer may request a replacement of the same within the mandatory period of ten (10) days from receipt by e-mail to the following address shop@caffeernani.com. The Customer is also required to return the defective or damaged product in its original packaging intact in all its parts.

In case of product replacement, the return shipping costs are borne by Ernani. Ernani will then replace the product with an identical one or, if out of stock and upon agreement with the Customer, with one of equivalent value.

MISCELLANY

Working Day

Working Day means any day other than Saturday or Sunday and holidays in Desio and Milan (MB).

Professional Clients

The provisions of the General Conditions of Sale, shall apply, mutatis mutandis, to Professional Customers. The rules laid down by law to protect consumers do not apply to purchases by Professional Customers.

Transfer

Ernani reserves the right to transfer, assign, dispose of by novation, or subcontract all or any of its rights or obligations under these General Terms and Conditions of Sale, provided the Customer’s rights hereunder are not affected.

The Customer shall not assign or transfer in any way its rights or obligations under these Terms and Conditions without the written permission of Ernani.

Communications

All communications regarding Ernani should be sent using the contact information provided in these Terms and Conditions.

Nullity

If any clause of these Terms and Conditions is found to be invalid or ineffective, the said clause shall be deleted while the remaining clauses shall not be affected thereby and shall remain effective.

PREVAILING LAW AND JURISDICTION

The sale of products and/or provision of services takes place within the territory of the Italian State and is subject to the laws in force in the Republic of Italy. Jurisdiction for the resolution of any dispute will be that provided by the Italian legislation in force at the time of the conclusion of the contract.

Last updated June 20, 2018

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