Terms and Conditions
Terms and Conditions
The sale of products contained in the virtual catalogues on the web page www.cellinicaffe.com (hereinafter, “Products”) is subject to the following General Terms and Conditions of Sale under regulations on contracts concluded away from business premises, and particularly the Legislative Decree No. 206 of September 6, 2005 (Consumer Code).
Ekaf – Industria Nazionale del Caffè S.p.A. (hereinafter, “Ekaf S.p.A..”) manages an e-commerce system exclusively for selling items linked to the Cellini brand.
The sales contract can be concluded into the following languages: Italian, English, French.
The sale agreement shall be made between:
- Ekaf – Industria Nazionale del Caffè S.p.A. hereinafter, “Ekaf S.p.A.” registered office in Lungotorrente Secca 3r, 16163 Genoa, Italy, Tax Code/VAT No. and registration number in the Register of Companies of Genoa 00251310108 – REA of Genova Chamber of Commerce No. 186036 – e-mail: email@example.com
- customer: any person (natural or legal person) who through the website www.cellinicaffe.com sent an order that was accepted by Ekaf S.p.A. Any other contractual terms shall not apply, even if not expressly disclaimed by Ekaf S.p.A..
1. APPLICATION OF GENERAL TERMS AND CONDITIONS OF SALE
Before making the purchase, it is recommended that the customer carefully read these Terms and Conditions and is allowed to store, reproduce, copy and/or print them. For any further information, the Customer may contact Ekaf S.p.A. at the e-mail address firstname.lastname@example.org . As part of the formalities established for placing a purchase order, the Customer declares having viewed the formalities and that he accepts the General Terms and Conditions of Sale in full. The General Terms and Conditions of Sale may be modified over time by Ekaf SpA, and amendments shall take effect once they are published on the Website. These terms and conditions at the time of purchase shall apply to each contract.
2. DESCRIPTION AND SERVICE FEATURES FOR THE SALE OF PRODUCTS
The service for the sale of Products active on the Site includes the registration, access to selections, the choice of Products, the on-line transmission of the purchase agreement and any acceptance of on-line purchase orders, in compliance with Art. 50 to 61 of the Consumer Code.
The service is enabled regardless of registration, that is optional. The customer who wishes to register can complete his registration by sending “username” and “password”. The customer who does not wish to register, can still conclude the purchase by providing only required data for the order delivery and billing. The purchase and/or registration implies acceptance of the above-mentioned General Terms and Conditions regulating the supply contract of the Products, as well as the consent to processing personal data. In case of registration, the Customer is required to keep the password with the utmost diligence, committing himself not to allow the service use by third parties not expressly authorized by him, whose behaviour on the network assumes all responsibility. In case of forgetting, theft or loss of password, the customer is required to activate the procedure for obtaining a new password on the Site.
2.2 Purchase Order
Each purchase order received by Ekaf S.p.A. should clearly contain indications about the Product code, the description of the same, the quantity, the address and the name of the recipient. Ordering procedure on the Site provides for the possibility of identifying and correcting errors in entering data before the order is placed on the purchase order. he purchase order sent by the Customer constitutes a binding contract proposal for the Customer pursuant to Article 1326 of the Civil Code. To confirm receipt of the order, Ekaf S.p.A. will send the Customer a summary e-mail to the e-mail address indicated during registration. The e-mail in place is for information purposes only, pursuant to Article 13 of Legislative Decree 70/2003 and does not constitute acceptance by Ekaf S.p.A. of the order itself.
2.3 Acceptance of the purchase order and conclusion of the purchase contract
Ekaf S.p.A. reserves the unquestionable right to accept or decline the purchase order submitted by the Customer. The order will be confirmed by a subsequent e-mail Ekaf SpA, without prejudice to the provisions of the following paragraph, it undertakes to proceed with the ordering of the Customer without delay and in any case no later than 7 days from the day following that in which the customer transmitted the order. It is understood that the execution of the order is subject to the effective availability of the Products. In case of lack of availability of the Product and/or in case of non-acceptance of the order, Ekaf S.p.A. will promptly inform the customer and refund the same if the payment has already been made. In this case, the Customer will not be entitled to any other indemnity or compensation. Orders transmitted by persons who have not reached the age of majority will not be accepted.
2.4 Method of filing sales contract
The sales contract will be filed on the Site, in an appropriate section (Conditions of Sale) and the Customer can access it at any time by following the display procedure on the Site.
3. PRODUCT FEATURES
The Products are shown on the on-line Catalogue in such a way as to correspond, as much as possible, to the exact features possessed. Published images with the value of generic information material may not exactly correspond to reality. The Products shown on the on-line Catalogue can be purchased while stocks last, provided that Ekaf S.p.A. reserves the right not to make certain Products available at any time and/or modify their features. Ekaf S.p.A. reserves the right to update the on-line catalogue at any time, modifying the range or the number of products.
4. PRICES OF PRODUCTS
The price of the Products results from the Price List published on the Site and in force at the time the order is submitted by the Customer. The prices of the Products published on the Website are in Euro, inclusive of the standard packaging and or packaging and VAT, the rate of which is determined in relation to the type of Product. Prices do not include transportation and delivery costs. All these costs (delivery, personalization and special packing/packaging materials), not included in the prices of Products posted on the Site, shall be separately listed in the order summary and confirmed in the e-mail of acceptance by Ekaf S.p.A. as in Art. 2.3. In addition, for deliveries to be made in Other States, in Campione d’Italia, Livigno, the Channel Islands and the Canary Islands, the prices of products posted on the website www.cellinicaffe.com are always not including: a) any sales fees and/or taxes b) any customs fees and/or taxes c) any other tax and/or charge applicable to the delivery of Products ordered. The Customer shall pay all taxes and customs duties applicable in the country of delivery of the Products ordered. Any and all charges or costs related to the clearance of the delivered Products will remain under the exclusive responsibility of the delivery recipient.
The payment of the price of the Products shall be made in advance only by Visa and Mastercard credit card (on-line).
5.1 Payment by credit card
Payment by Visa and Mastercard credit card shall be made on-line at the time of transmission of the purchase order. The Customer shall provide credit card details in the purchase order, and the request for charging the corresponding amount shall be forwarded only when the order is completed. The Customer’s credit card details sent during the transmission of the purchase order cannot be accessed by Ekaf S.p.A., nor by third parties and are received, in a protected manner against unauthorized access, on the secure servers of Banca Monte dei Paschi di Siena which deals, on behalf of Ekaf S.p.A., with credit card payments. When Ekaf S.p.A. shall receive confirmation of payment, proceed with the preparation and fulfilment of the purchase order. Before sending the order, it is possible to correct any errors made when entering data.
Pursuant to Article 54 of the Consumer Code, the Products available in the warehouse of Ekaf S.p.A. as a rule, shall be delivered in the shortest possible time and in any case, indicatively:
- in Italy, within 10 (ten) working days from receipt of payment by Ekaf S.p.A .;
- in EU countries other than Italy and in other States, within 20 (twenty) working days from receipt of payment by Ekaf S.p.A..
The delivery shall be made from Monday to Friday during working hours, by means of a specialized forwarder, with a special packaging / packaging prepared by Ekaf SpA. address to the address indicated by the customer. The above-mentioned delivery time limit refer to the products present in their stores and shall be considered non-binding for Ekaf SpA, which may subsequently confirm or modify them, according to their needs. The Products shall be delivered, appropriately packaged and/or packaged, by means of a shipping agent chosen by Ekaf S.p.A., to the address indicated by the Customer at the time of transmission of the purchase order. Upon receipt of the Products, the recipient shall verify that the Products correspond, even in the number, to the Products ordered, provided that, in case of discrepancy of the Products delivered with respect to the Products ordered, the Customer can exercise the right of withdrawal as per the following Article 7.
Transport costs shall be calculated based on the weight of the goods, on the weight/volume ratio and according to the place of delivery of the Products, according to agreements defined with the shipper responsible for delivery and clearly indicated to the Customer both on the occasion of the purchase of Products that in subsequent confirmation messages. Eventual inherent problems physical integrity, the correspondence or the thoroughness of the products receipts shall be reported to Ekaf S.p.A. within 10 working days from the happened delivery.
7. RIGHT OF WITHDRAWAL
The Customer has the right to withdraw from the Contract within 10 working days of receiving the purchased goods, in compliance with the provisions of Article 5 of the Decree Law No. 185/99. The Customer shall send to Ekaf S.p.A. a fax, a telegram or an email to the address email@example.com which shall necessarily be confirmed by registered mail within the following 48 hours, at the following address:
Ekaf S.p.A. Lungotorrente Secca 3r 161613 Genova, Italia
In this communication of withdrawal, the Customer shall always indicate the purchase order number and the identification code of the Products. The Customer shall return, at his sole responsibility and expenses, to Ekaf SpA, at the above-mentioned address, the purchased Products, undamaged and complete (including the original packaging), no later than 10 (ten) working days from receipt of the purchased Products.
For the sole purpose of expiry of the aforementioned term of 10 (ten) working days, the Products are considered returned when they have been delivered to the carrier or to the post office. The withdrawal is exercisable for the entire purchased Product and cannot therefore be operated in relation only to a part of the ordered goods.
The withdrawal is not allowed for customized products, as well as for those delivered abroad. In all cases in which the withdrawal is not legitimately and validly exercised by the Customer, Ekaf S.p.A. shall return the Product to the Customer, at the risk and expense of the latter.
In the event that the returned Products are damaged during transport for the return to Ekaf S.p.A. the Customer shall be informed of the damages detected within the second working day from the receipt of the Products, in order to allow the Customer to inform the shipper in turn and assert his own reasons for the latter and, at the same time, shall return to the Customer the Products damaged during transport, at the risk and expense of the Customer. In case the withdrawal is exercised in compliance with the provisions of the current legislation (Legislative Decree No. 185/99), Ekaf S.p.A. shall refund the amounts paid by the customer.
The reimbursement shall take place free of charge, as quickly as possible and in any case within thirty days from the date on which Ekaf S.p.A. has become aware of the Customer’s right of withdrawal.
8.1 Legal warranty
Pursuant to Articles 128 to 135 of the Consumer Code, Ekaf S.p.A. guarantees that the Products purchased on-line are free from defects and comply with the sales contract. The Product Warranty is provided by the manufacturer in line with applicable legislation. Any defects or non-conformity of the Products shall be reported by the Customer promptly and in any case in accordance with the law by registered letter with acknowledgement of receipt addressed to Ekaf S.p.A. Lungotorrente Secca 3r 16163 Genova Italy. In default, Products shall be considered accepted at the time of delivery.
The aforementioned warranty given by Ekaf S.p.A. declines if:
- the defect of the Product derives from negligence or from improper use or accidental event;
- Product defect derives from normal wear, oxidation or atmospheric agents;
- the Customer, at the time of conclusion of the sales contract, was aware of the defect of the Product or could not ignore it with ordinary diligence;
- the Product has been disassembled, tampered with, modified and/or repaired.
8.2 Factory warranty
In addition to the legal guarantee referred in the previous Article 8.1., some Products may be assisted by a manufacturer’s commercial warranty (factory warranty), possibly contained in the Product packaging, for the duration and according to the terms and conditions written on the relative warranty certificate.
9. PRODUCT RESPONSIBILITY
As a seller, Ekaf S.p.A. is responsible for damages caused by the Products pursuant to Articles 114 to 127 of the Consumer Code, it being understood that, in his capacity as seller, Ekaf S.p.A will be free from liability by indicating the name of the manufacturer.
10. AFTER SALES SERVICE
In the event that the Customer finds irregularities with respect to his order (delivery of incorrect items, defective products, lack of products, etc.), is not satisfied with the service provided or wishes for information on the Products, he may contact the Customer Service at the following email address: firstname.lastname@example.org . To this end, the Customer shall always provide the order number and the identification code of the Products.
12. GENERAL PROVISIONS
12.1. Any allowances, even repeated, of violations or breaches cannot constitute a precedent nor do not affect the validity of both the disregarded clauses and the other clauses of these General Terms and Conditions.
12.2. If any provision of these conditions should be or become a null or invalid date, it is established that it will be interpreted in the sense in which it can maintain some validity, even if reduced compared to the initial object, and in any case in the sense in which it have some effect. In any case, the nullity or invalidity of a clause of these General Terms and Conditions will not invalidate them in their other clauses and in their entirety.
13. APPLICABLE LAW AND JURISDICTION
13.1 Applicable Law
These General Terms and Conditions and the sales contracts concluded through the procedure activated on the Site, are governed by Italian law, subject to any unavailable customer rights guaranteed by the mandatory legislation of his country of residence. The application of the 1980 Vienna Convention on international sales is expressly excluded.
The sale of products and/or services is carried out in the territory of the Italian State and is subject to the laws in force in the Italian Republic. Jurisdiction for the resolution of any dispute will be that provided by the Italian legislation in force at the time of conclusion of the contract.