Website publication and entry into force date 09/07/2016
1.1. These general terms and conditions of sale shall apply to the purchase of “Pellini Caffè” brand products (hereafter the “Products”) via the e-commerce website www.pellinicaffe.com (hereafter the “Site”) by users falling within the definition of "Consumers” pursuant to article 1.2 below. The Site, which is the property of Pellini Caffè S.p.A. with registered office in Maggio, 8 - 37012 - Bussolengo - Verona tax code, VAT no. and Business Register enrolment no. 00668920325 (hereafter the “Owner”), is managed by Triboo Digitale S.r.l. - a Triboo Group company - with registered office in Viale Sarca 336, 20126 Milan, Italy, tax code, VAT No, and Milan Business Registry Enrolment No. 02912880966 hereafter "TRIBOO DIGITALE").
1.2. TRIBOO DIGITALE sells the Products on the Site on behalf of the Owner. The Parties involved in the purchase of Products via the Site shall be TRIBOO DIGITALE as Seller (hereafter the "Seller ") and the party purchasing one or more Products for reasons other than in relation to the profession, business, trade or craft conducted by that party, as the buyer (hereafter the "Consumer") (the Seller and the Consumer shall be referred to jointly as the "Parties").
1.3. The Owner is not a party of these general terms and conditions of sale, but holds all rights to the Site's domain name, the logos, the registered trademarks relating to the products available on the Site and holder of all copyrights relating to the Site and its contents.
1.4. Any communication by the Consumer in connection with and/or in relation to the purchase of the Products, including any notifications, claims or requests concerning the purchase and/or delivery of the Products or exercising the right to withdraw, etc, - shall be sent to the Seller at the addresses set out on the Site and in accordance with the procedure also set out on the Site and to the e-mail address email@example.com
1.5. All purchases are regulated by the general terms and condition of sale published on the Site at the time the order is submitted by the Consumer.
1.6. The Site deals in retail sales and as such is designed for the exclusive use by Consumers only. No agents, wholesalers or, more generally, all those intending to purchase the Products with the purpose of selling them on, are allowed to effect purchases on this Site. It follows that only Consumers are permitted to submit orders via the Site. Should one or more sales be made to a buyer who does not qualify as a Consumer, these general terms and conditions of sale shall be applicable but, in derogation of what foreseen by the same:
a) the withdrawal right referred to in article 10 shall not apply to the buyer;
b) the Product warranties referred to in article 8 shall not apply to the buyer;
c) no other provisions foreseen in favour of the Consumer which reflect or comply with binding provisions of the law shall apply to the buyer;
d) the sales contract entered into by the Seller and the buyer shall be governed by Italian law, excluding the provisions of the United Nations Convention on Contracts for the International Sale of Goods - Vienna Convention 1980.
e) the Seller reserves the right to take all necessary actions to curb all irregularities, including blocking Site access, cancellation of subscriptions and refusal or cancellation of orders.
1.7. On submitting the order, the Consumer agrees that the confirmation of the order information and these general terms and conditions of sale shall be sent by e-mail to the address provided by the same during the site registration or purchase process.
1.8. Consumers must be aged 18 or over in order to make purchases on the Site and have legal capacity; the Consumer declares compliance with such requirements.
1.9. The Consumer shall be charged for any costs incurred to connect to the Site via the Internet, including any telephone expenses, according to the rates applied by the service provide chosen by the same.
2. Product features and availability in the various geographical areas.
2.1. The products are sold by the Seller with the features described on the Site and in accordance with the general terms and conditions of sale published on the Site at the time of the order, excluding all other terms or conditions. The main characteristics of the Products are provided in each product fact sheet on the Site. The images and colours of the products on sale on the Site may however vary and/or not correspond to the actual products due to the internet browser and monitor used.
2.2. The Supplier reserves the right to amend all or part of these general terms and conditions of sale at any moment in time and at its own discretion, with no obligation to give notice to users of the Site. Any amendments shall come into force from the date on which they are published on the Site, and will only apply to sales concluded from that date onwards.
2.3. Sales prices, the Products sold on the Site and/or the characteristics of the same, are subject to change without notice. Such changes are only applicable to orders which have not been confirmed before the date such changes come into effect. In any case, The Consumer is therefore advised to check the final prices before submitting the purchase order, pursuant to article 3 below.
2.4 Users from all over the world can access this Site and may contain references to Products that are not available or payable for in the country of the visitor to the Site.
2.5 However, the Products available on the Site can only be purchased by users who request delivery to one of the Countries listed on the Site.
3. Product purchase procedure - Conclusion of each individual purchase contract
3.1. The presentation of the Products on the Site, which are not binding for the Seller, is merely an invitation to the Consumer to make a contractual offer to purchase and is not an offer to the public.
3.2. The purchase order submitted by the Consumer to the Seller via the Site shall be a valid contractual offer and is subject to these General Terms and Conditions of sale, which form an integral part of said order; by placing an order with the Seller the Consumer undertakes to fully accept the same without reservation. Before proceeding with the purchase of the Products by sending the purchase order, Consumers will be asked to read these general terms and conditions of sale carefully, further to the notice concerning withdrawal rights, to print off a copy of the same by clicking on the ‘print’ button and to save or keep a copy of the same for their own records. Consumers will also be asked to check and correct any errors in their personal data.
3.3. The Consumer's purchase order is accepted by the Seller by sending an e-mail to the Consumer confirming the order, to the address provided to the Seller during the Site registration process, or during the order process if the Consumer has not registered on the Site; the order confirmation email which will include a link to these General Conditions of Sale, a summary of the order placed, including a detailed list of the prices, shipping costs and applicable duties, along with a description of the product features. The Consumer's order, the Seller's order confirmation and the general terms and conditions of sale applicable to the contract signed between the Parties will be filed electronically by the Seller's IT systems and the Consumer may request a copy of the same by sending an e-mail to the Seller at firstname.lastname@example.org.
3.4. Any contract for the purchase of the Products shall be deemed concluded when the Consumer receives the order confirmation from the Seller by e-mail
4. Product selection and purchasing procedure
4.1. The Products displayed in the e-commerce section of the Site can only be purchased by selecting the relative Products and adding them to your virtual shopping cart. Once that selection is complete, in order to purchase the Products chosen and added to the shopping cart, the Consumer will be asked to (i) register with the Site, providing details as requested, or, (ii) where already registered, to login, or (iii) to provide their details so that the order can be completed and the contract can be concluded. If the details on the order are different from those provided during the Site registration phase, the Consumer will be asked to confirm the details (by way of example and not limited to: name, surname etc.) as well as the delivery address for the Products chosen, the billing address and, on an optional basis, a telephone number on which the Consumer can be contacted in relation to the purchase made. The Consumer will be shown a summary of the order to be processed, and change the contents: at this point, the Consumer, is required to carefully read and expressly approve the general terms and conditions of sale by ticking the relative check box and, finally, confirm the order by pressing the "Confirm order with payment obligation" button; this will send the order to the Seller with the consequences illustrated in paragraph. 3.2. of this contract. The Consumer will also be asked to select a delivery time option and a payment method from those available. If the Consumer selects immediate payment by credit card, Pay Pal or real-time bank transfer, he will be prompted to provide the relevant data via a secure socket connection. The Seller reserves the right to check the personal details provided by the Consumer for accounting and administration purposes. For payments by credit card, the purchase price will only be charged to the Consumer when the Seller sends the actual order confirmation.
The information provided by the Consumer when placing the order will be used to issue the invoice. Invoices can not be amended after being issued. During the order process the Consumer must indicate if the delivery address is different from the billing address.
4.2. In the event that during the Product selection procedure on the Site pursuant to art. 4.1 above, the Consumer should notice that the price of one or more of the Products he/she intends to select and purchase is clearly lower than the standard applicable price, net of any discounts and/or promotions in force at that time, due to a technical problem that has occurred on the Site, the Consumer is kindly requested not to proceed with the purchase order and report the technical error to the Seller's Customer Care service by e-mail to the following address [email@example.com].
4.3. If the Consumer has completed the purchase order which includes a Product whose price is clearly lower than the standard applicable price, net of any discounts and/or promotions in force at that time, due to a technical problem that has occurred on the Site:
(a) if the Consumer has not yet received the Product, the Seller shall (i) cancel the order, block the delivery and send notice to this effect by e-mail to the address provided by the Consumer during the order transmission phase and (ii) refund the Consumer with the payments effected pursuant to the cancelled order, including shipping costs, without delay and, in any case, no later than 14 days from cancellation of the order, using the same payment method used by the Consumer for the initial payment;
(b) if the Consumer has received the Product, the Seller shall promptly notify the Consumer by email of the technical error that occurred during the order procedure, and offer the same, alternatively, to (i) pay the Seller, within and no later than the next 5 (five) days, using one of the payment methods available on the Site, the difference between the correct price of the product and the incorrect price indicated on the purchase order, or (ii) cancel the order, following the instructions provided in the same email notice on how to return the Product to the Seller, at the expense of the latter, within and no later than the next 14 (fourteen) days, more specifically to Triboo Digitale c/o Thun Logistic S.r.l., Via Rita Castagna, 1, 46100 Mantova (MN) ITALIA, undamaged, complete with all parts and accessories (including unaltered labels and cards still attached to the Product), accompanied by the instructions/notes/manuals supplied, the original packaging and packing and the original warranty certificate, together with the duly completed RMA form attached to the email sent by the Seller. If the Consumer chooses the option provided in point (b) (ii) above, the Seller shall refund the payments effected by the Consumer for the cancelled order, including shipping costs, without delay and, in any case, no later than 14 days from cancellation of the order, using the same payment method used by the Consumer for the initial payment.
4.4 Where applicable, the promotional codes proposed on the Site are only valid for the Products and period of time indicated each time. Promotional codes are not refundable or cumulative with other offers. To take advantage of the promotions and/or special offers related to such codes, the Consumer is required to enter the promotional code in the space indicated on the Site when confirming the order. It remains understood that it is not possible to cancel or amend an order so as to take advantage of a promotional code which was not included by the Consumer when confirming the order.
5. Delivery and acceptance of goods
5.1. Whilst the Site generally states whether or not Products are available and the relevant delivery times, such information is purely indicative and under no circumstances binding on the Seller.
Orders are subject to minimum or maximum quantity limits and the products are offered while stocks last.
5.2 The Seller undertakes to do everything within its power to comply with the delivery times given on the Site and, in any event, to deliver within a maximum of 30 (thirty) days from the day after the Consumer places the order. If the order cannot be processed by the Seller, as the Product ordered by the Consumer is not available, even temporarily, for delivery, the Seller shall notify the Consumer in writing and refund the amount already paid as illustrated in more detail in art.
5.3. If the Consumer has selected the bank transfer payment method, the delivery term will become effective from the moment the Seller receives the payment.
5.4. The Products ordered by the Consumer shall be delivered according to the method indicated on the Site when the order was placed. The Consumer undertakes to promptly check, within and no later than 8 (eight) days of receipt of the Products, that the delivery is correct and includes all and only the purchased Products, and to notify the Seller, within this deadline, of any faulty products received or any discrepancy between the order and the goods actually received, following the procedure referred to in art. 8 of this contract; failure to do so will infer that the Products shall be deemed as accepted. In the event that the packaging or boxing of the Products ordered by the Consumer reaches its destination visibly damaged, the Consumer is invited to refuse to accept the delivery from the carrier/courier or accept the delivery “with reservations”.
5.5 After the term indicated in par. 5.3 above, if the Consumer has not forwarded any complaint pursuant to the foregoing terms and procedures, the delivered Products shall be deemed as fully accepted by the Consumer, notwithstanding the clauses provided in Articles 8 and 10 below.
6. Prices, shipping costs, customs duties and taxes
6.1. The price of the Products on sale is that indicated on the Site at the time the order is placed by the Consumer. Product prices shown on the site are inclusive of the costs of standard packaging, VAT (where applicable) and any indirect duties (where applicable), and are exclusive of shipping costs, which will be calculated before the order placed with the Seller by the Consumer is confirmed, and which the Consumer agrees to pay to the Seller in addition to the price shown 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 placement process; the Consumer agrees to pay this amount in addition to the price of the ordered products.
6. 3. The total price payable to the Seller will be indicated in the Order and also indicated on the order confirmation sent via e-mail by the Seller to the Consumer.
6.4. If the Products are to be delivered to a country outside the European Union, the total price stated in the order and order confirmation, including indirect taxes, is net of any customs duties and any other taxes which the Consumer hereby agrees to pay for, if required, in addition to the price stated in the order and order confirmation, as required by laws in force in the country to which the Product will be delivered. For further information on any duties or taxes applicable in his country of residence or destination of the products, the Consumer is invited to check with the relevant authorities in his country of residence or destination of products.
6.5. All additional costs, charges, taxes and/or duties payable in any given country, under whatever title, to the Products ordered under the general terms and conditions of sale are the exclusive responsibility of the Consumer.
6.6. The Consumer hereby declares that where, at the time the order is placed with the Seller, the former is unaware of the costs, charges, taxes and/or duties referred to in paragraphs 6.4. and 6.5. above, this shall not constitute grounds for termination of this contract and shall under no circumstances be charged to the Seller.
7.1. Payment for Products purchased on the Site shall be made strictly within 10 (ten) days from when the order confirmation is sent by the Seller to the Consumer. The Consumer expressly agrees that performance of the contract by the Seller will commence the moment the price of the purchased product/s is credited to the Seller’s bank account.
7.2. Payments for orders placed on the Site can be paid for by credit card, or via PayPal at the conditions provided below. The Seller may also allow other payment methods, as seen in the specific payment section on the Site.
7.3. When payment is by credit card,the Consumer will be transferred to a secure site and the credit card information will be communicated directly to Banca Sella S.p.A., with registered office in Biella (Italy), Piazza Gaudenzio Sella 1, tax code and VAT number 02224410023, Biella Chamber of Commerce registration number 02224410023, the operator designated by the Seller to handle all such transactions. The data provided will be sent securely using SSL (Secure Socket Layer) 128 bit encrypted file transfer systems. Such data remain inaccessible even for the Seller.
7.4. Orders may be paid for by bank transfer to the Seller, where the Consumer shall use the "Swift" and IBAN codes indicated on the order confirmation, together with the order number.
7.5. The invoice/tax records relating to the purchase will be sent to the Consumer, where foreseen by applicable laws in force, in electronic format to the e-mail address provided by the Purchaser during the registration process, if the products are to be delivered to a recipient in the Italian territory, or attached to the purchased product in paper format, in all other cases.
8. Seller's legal warranty of conformity, reporting of non-conformities and interventions under warranty.
8.1. The Seller, in accordance with European Directive 44/99/EC and Italian Legislative Decree No. 206/2005 (Consumer Protection Code), provides Consumers with a legal warranty that the purchased Products are free from material or manufacturing defects, and conform to the descriptions published on the Site. All Products, other than foodstuffs, sold on the Site carry a standard Manufacturer warranty and a 24 month warranty from the delivery date for non-conformities in accordance with the aforementioned EC regulation.
8.2. The Consumer is required to report any defects and non-conformities of the products within and no later than 2 (two) months of acknowledging the same, sending the relative form to the Customer Service at the address of the Seller's Customer Care Service and by email to firstname.lastname@example.org, clearly indicating the defect and/or non-conformity detected, along with the relative information indicated on the form itself (at least 1 (one) photograph of the Product, the order confirmation sent by the Seller and/or the receipt). Failure to do so will invalidate this warranty.
8.3. On receiving the form and related documentation, the Seller shall assess the defects and non-conformity reported by the Consumer via the Owner’s service centre and, having carried out quality control tests in order to assess whether the Product does not in fact conform, shall, at its own discretion, decide whether to grant authorisation for the Products to be returned, responding to the Consumer via e-mail to the address provided by the Consumer when registering with the site or placing the order; this e-mail will include the "RMA Code" Authorisation to return the products shall, under no circumstances, infer acknowledgement of the nonconformity; this aspect will be assessed once the products have been returned. The Products that the Seller has authorised to be returned shall be sent by the Consumer, together with a copy of the returned product authorisation e-mail indicating the "RMA Code" within 30 (thirty) days from the date on which the defect or non-conformity was reported to the following address: Thun Logistic S.r.l., Via Rita Castagna, 1, 46100 Mantova, (MN) ITALY.
8.4. If the Seller is required to refund the Consumer for the price paid, the refund will be effected, where possible, using the same payment method used by the Consumer to purchase the product, or by bank transfer. The Purchaser will be responsible for sending the Seller, using the same e-mail address email@example.com the bank details for the latter to be able to effect the bank transfer in favour of the former and enable the Seller to make the refund.
9. Defective Products Liability
9.1. The conditions foreseen by EC Directive 85/374/CEE and by Italian Legislative Decree N. 206/2005 - (Consumer Protection Code) are applicable t any damages caused by defective products. The Seller, to the extent of his capacity, disclaims all liability, without exclusions and/or exceptions, indicating, on receiving such request from the damaged Consumer, the identity and domicile address of the manufacturer of the product concerned.
10. Right of withdrawal
10.1 Notwithstanding the exceptions under art. 59 of the Consumer Code, the Consumer shall have the right to withdraw from any contract concluded pursuant to these general terms and conditions of sale, without incurring any penalty, within 14 (fourteen) days from (i) the day on which the Product is delivered or (ii) if several Products on one order are delivered separately, from the date the last Product was received.
10.2 To exercise a right of withdrawal, the Consumer shall notify Triboo Digitale, before the deadline indicated in paragraph 10.1 above, of his intentions by accessing the "My Returns" page in the My Account area or, if the same is not a registered users, by accessing the designated page and entering the order number and email address used to place the order. As an alternative, the Consumer can send an explicit declaration to Triboo Digitale, using the contact form or email address firstname.lastname@example.org, of his intention to exercise the right of withdrawal using the withdrawal form enclosed.
10.3 On completing the requirements of paragraph 10.2 above, the Consumer will receive a withdrawal confirmation email containing, in the case where the ordered product has already been received, the RMA form to be included in the package, along with the instructions on how to return the product, to be sent within and no later than 14 days to Triboo Digitale c/o:
Thun Logistic S.r.l.
Via Rita Castagna, 1, 46100 Mantova
10.4 If the Consumer has received the product, he is required to return it to Triboo Digitale without undue delay and, in any event, within 14 days from the day that notice of such withdrawal was given. The deadline shall be met if the Consumer sends back the goods before the period of 14 days has expired. All shipping risks and direct costs incurred when returning the products shall be borne by the Consumer. If the Consumer exercises his right of withdrawal via the Site and wishes to use the return service provided by the Site, before confirming the withdrawal request, the cost to return the goods will be indicated.
10.5 In the case of withdrawal from this contract, we shall refund all payments received from the Consumer, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event no later than 14 days from the exercising of the right of withdrawal. We will carry out such refunds using the same means of payment used by the Consumer for the initial transaction, unless the Consumer requests the refund via a different means of payment, in which case the Consumer will be charged for any additional fees incurred as a result of the choice of such means. We may withhold the refund until we have received the returned goods or the Consumer has supplied evidence of having despatched the goods, whichever is the earliest. All expenses related to any additional duties or taxes incurred by the Consumer to return the Product to the Seller, remain the sole responsibility of the Consumer.
10.6 The Consumer is liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods. Therefore, if the returned goods are found to be damaged (for instance showing signs of wear, abrasion, nicks, scratches, deformation, etc.), not complete with all parts and accessories (packaging materials, boxes, documents and/or other contents included in the original package) unaccompanied by the instructions/notes/manuals supplied, the original packaging and packing and the original warranty, if any, the Customer shall be accountable for the decreased value of the product, and be entitled to receive a refund equal to the residual value of the Product. To this purpose, it is highly recommended for Consumers not to handle the product other than as strictly necessary to establish the nature, characteristics and functioning of the same, and
to use the original packaging of the Products plus further protective packaging that will keep them intact and protect them from writing or labels.
10.7 The Seller will accept the return of Products, reserving all rights to ensure the same are returned pursuant to the conditions illustrated in par. 10.6.
11. Intellectual Property Rights
11.1. The Consumer acknowledges that he or she is aware that all trademarks, names and other distinctive signs as well as any names, images, photographs, written text or graphics used on the Site or relating to the Products are and remain the exclusive property of Pellini Caffè S.p.A. and/or its assignees, with no rights arising on the part of the Consumer in relation to the same as a result of access to the Site and/or purchase of the Products.
11.2. Therefore, unless prior specific consent is granted in writing by Pellini Caffè S.p.A. no contents of the Site can be wholly or partially reproduced, transferred using electronic or conventional means, modified or used for whatever purpose.
12. Protection of Consumer Personal Data
12.1. In order to proceed with the registration process, place an order and sign this contract, the Consumer is required to provide certain personal details. The Consumer hereby acknowledges that the personal data provided will be recorded and used by the Seller and by Pellini Caffè S.p.A., in accordance with and subject to the provisions of Italian Legislative Decree no. 196/2003 as subsequently amended, the Privacy Code (Personal Data Protection Code), to process each purchase via the Site and, upon granting his consent, for any other activities as illustrated in the specific Informative Note on the Personal Data Protection Code provided to the Consumer by the Site during the registration phase.
12.2. The Consumer hereby declares and guarantees that the personal details provided to the Seller during the registration and purchase process are truthful and accurate.
12.3. The Consumer is entitled, at any moment in time, to update and/or amend the personal data submitted to the Seller via the “My Account” section on the Site, which can be accessed after logging in.
13.1. While the Seller takes all necessary precautions to protect personal data from being leaked, falsified, manipulated or used by unlawful third parties, due to the characteristics and technical limitations concerning the protection of electronic communications via the Internet, the Seller does not guarantee that the information or data viewed by the Consumer on the Site, even after the Consumer has provided relative login credentials, will not be accessible or viewable by unauthorised third parties.
13.2. Where data in relation to payments made by credit card are concerned, the Seller uses the services provided by Global Collect Service NV which adopts technological systems to guarantee maximum levels of reliability, security, protection and confidentiality for information transmitted over the web.
14. Force Majeure – Acts of God
14.1 The Seller shall not be liable in the event of total or partial non-fulfilment of its obligations foreseen by any contract signed under thee general conditions of sale, if such failure is caused by unforeseeable and/or natural events beyond its reasonable control, including, by way of example only, natural disasters, acts of terrorism, wars, riots, lack of electricity, general strike of public and/or private workers or strikes which restrict the operations of shippers and airline links.
15. Applicable law, settlements and jurisdiction
15.1. Any sales contracts signed between the Seller and the Consumer under these general conditions of sale shall be governed and construed in accordance with the Italian laws in force and, in particular, with the Consumer Code (Legislative Decree no. 206 dated 6 September 2005), with specific reference made to the regulations concerning distance contracts, and by Legislative Decree no. 70 of 9 April 2003 concerning all e-commerce aspects. This is without prejudice to any rights granted to Consumers by binding provisions in force in the Consumer's country of residence.
15.2. In the event of a dispute between the Seller and the Consumer, we hereby undertake to attempt to reach an amicable settlement which Consumers can submit to the RisolviOnline service, an independent settlement service provided by the Board of Arbitration of the Chamber of Commerce of Milan, which provides the possibility to reach a satisfactory agreement, with the assistance of an impartial and expert Arbitrator, in an amicable and secure manner on the internet. For further information on the RisolviOnline regulations or to submit a settlement request, please visit the website at www.risolvionline.com.
15.3. As an alternative to the settlement proposed in art. 14.2 above, the Consumer is also entitled to access the European Online Dispute Resolution Platform (European ODR Platform) to resolve any disputes between the Seller and the Consumer. The European ODR Platform is developed and managed by the European Council implementing Directive no. 2013/11/EU and Regulation (EU) no. 524/2013, to provide out-of-court solutions that are independent, impartial, transparent, simple, efficient, fast and low-cost ways of resolving domestic and cross-border disputes which arise from online sales or service contracts between a Consumer residing in the EU and a professional residing in the EU by means of the intervention by an ADR entity (Alternative Dispute Resolution) providing such services, as seen in the list provided. For further information on the European ODR Platform, or to submit a complaint and start alternative termination procedures concerning the dispute relating to this contract, please use the following link: http://ec.europa.eu/odr. The Seller's email address to be reported to the European ODR Platform is as follows: email@example.com.
15.4 If no settlement attempt is made, as under section 15.2 or 15.3, or the attempt is not successful, the Court of Milan is assigned exclusive jurisdiction for all such disputes, except where this provision cannot be applied due to binding provisions in force in the Consumer's country of residence.