Terms of sale
1) Content and subject of the General Conditions of Sale
1.1. These General Terms and Conditions of Sale (hereinafter, General Conditions) regulate the purchase, made remotely via the computer network, of the Products and / or Services displayed on the
siteowned and owned by Caffè Janus® - Ellecaffè srl (hereinafter, "Seller"), towards the buyer (hereinafter, "Buyer or Customer").
1.2. The identification data of the Seller are provided below: C.F. and VAT number 01680390430, registered and commercial office via del Commercio snc Montecassiano (MC) pec address: ellcaffe@pec.it
1.3. These General Conditions will be applied for each individual sale and in relation to both the products referred to in the first supply, and to any subsequent supplies made in favor of the same Buyer on the basis of orders subsequently forwarded to the Seller and accepted by the latter.
1.4. Buyer means any natural and / or legal person acting on
site with purposes related and not to one's own commercial, entrepreneurial or professional activity, possibly carried out.
1.5. The sales contract includes only the material ordered and supplied.
2) Regulation
2.1. All purchase contracts entered into through the Site by users who access it are governed by these sources:
- General Conditions of Sale;
- Consumer Code (Legislative Decree 206/2005), section II of Distance Contracts (articles 50 - 70);
- Rules on electronic commerce (Legislative Decree 70/2003);
- Implementation of Directive 2011/83 / EU on consumer rights.
3) Acceptance of the General Conditions of Sale
3.1. With the conclusion of the individual Purchase Contracts, the Customer accepts and undertakes to observe these General Conditions.
The Customer is therefore invited to read them carefully before carrying out any purchase operation and, once this phase is completed, to print and keep this document.
3.2. Caffè Janus® - Ellecaffè srl reserves the right to modify and integrate the contents of the General Conditions at any time and without prior notice and, in this case, the latter will be published on the same site.
3.3. Unless any changes to these policies and terms are required by applicable law or by the competent authorities, it is understood that the General Conditions published on the Site at the time the purchase order is sent by the of the Customer. Should any provision of these conditions be deemed invalid, null or for any reason unenforceable, this condition will in any case not affect the validity and effectiveness of the other provisions.
4) Order and order confirmation - Purchase procedure
4.1. Before proceeding with the purchase, the Customer will be able to view the Products in the electronic catalog and their characteristics as illustrated in the respective detailed technical and information sheets contained on the Site.
4.2. The publication of the Products is intended as a contractual purchase proposal and, therefore, the Customer's order sent to the Seller implies full knowledge and acceptance of these General Conditions.
4.3. The customer who wishes to buy one or more products shown on the site, can select them one at a time, adding them to their cart. Once this preliminary purchase phase has been completed, it will be possible to close your cart and submit the order. A summary page of the selected products, their price and delivery options (with related costs) will follow.You will be prompted to choose your preferred delivery, transport and payment method
4.4. Following the correct receipt of the order, the Seller will send to the e-mail address communicated by the Customer a specific confirmation in which the reference "Order Number" will also be jointly indicated for any further communication with Caffè Janus® - Ellecaffè srl. 4.5. In addition to the legal information, the order confirmation message will also show the Customer's data, who undertakes to verify its accuracy and to communicate any corrections within 14 days of receipt of the same. Possible increases in expenses caused by the Customer's errors will not be chargeable to the Seller and, therefore, will remain solely the responsibility of the Customer. 4.6. The sales contract with Caffè Janus® - Ellecaffè srl will be concluded only when the Customer receives a separate e-mail accepting the purchase proposal which will also contain the information relating to the shipment of the product, including the expected date for sending. 4.7. The Buyer declares to be aware of the fact that, even in the absence of the return of the order confirmation, any supply of goods made by the Seller is in any case considered regulated and subject to the contents of these General Conditions. 4.8. Each order can be viewed by the Customer on the Site, in their personal area, as soon as it is processed and, after sending, the order itself can be canceled at no cost until it is sent to the warehouse for preparation. In any case, the right of withdrawal is subject to the terms and conditions set out in the following art. 9. 5) Hypothesis of "order refusal" 5.1. The Seller has the right to accept or not, at its sole discretion, the order sent by the Customer, without the latter being able to make claims or rights of any kind, for any reason, including compensation. 5.2. Specifically, Caffè Janus® - Ellecaffè srl reserves the right not to accept purchase proposals and cancel orders that do not give sufficient guarantees of solvency or if there are anomalies in the transactions and means of payment used by the Customer. 6) Product prices and their availability 6.1. All prices are highlighted on the Site and are inclusive of VAT applicable by law. 6.2. Shipping costs are not included in the sale price and, on the other hand, will be estimated at the time of the order and, in any case, can already be quantified using the mirror in the "Shipping" section open on the Site. 6.2. Any information relating to the availability of products will be highlighted during the finalization phase of the purchase. 6.3. In any case, Caffè Janus® - Ellecaffè srl, having received the order, and before any payment by the Buyer, will promptly inform the latter if some products are not available. 7) Delivery and shipping costs 7.1. The shipment of the goods will be carried out within 2-5 working days from receipt of payment, which can be made by bank transfer to the coordinates indicated by the Seller or by electronic payment (as better detailed in the "Secure Payment" section of the Site). t1>
7.2. The cost of each shipment will be calculated upon receipt of the purchase order and, in any case, before the completion of the sale. 7.3. The amount of shipping costs may vary according to the delivery or payment methods chosen as well as the destination and the total amount of the order. 7.4. Shipping costs include packaging costs. 7.5.If the products ordered from Caffè Janus® - Ellecaffè srl were to be delivered to countries where customs taxation is envisaged, it is understood that such import duties and taxes will remain the responsibility of the Buyer who will have to make the payment independently 7.6. Deliveries made to foreign countries may be subject to customs controls. 7.7. The ordered products will be sent by Caffè Janus® - Ellecaffè srl to the postal address specified by the Buyer according to the estimated timing at the time of order confirmation and, in any case, no later than 30 days from the date of completion of the purchase contract. Otherwise, the Purchaser may solicit the Seller and in case of further delay terminate the contract, without prejudice to the right to compensation for any costs already incurred for the chosen purchase. 7.8. The delivery terms of the Product are intended as indicative and not mandatory for the Seller, and are expressly agreed with the clause "barring unforeseen events". 7.9. The terms are intended to be counted for working days with effect from the date of conclusion of the single sale; any modification or integration of the order will result in a new expiry of the terms. 7.10. The Seller does not assume the risk of any damage to the goods that may occur during delivery to the Buyer and will remain exempt from responsibility for delays in delivery and free from direct or indirect damages resulting from the delay, except in cases of willful misconduct or gross negligence attributable to itself. Any liability for delivery delays due to: 8) Control of goods and returns 8.1. The Purchaser has the duty to check the entire material object of the supply as soon as it is available, verifying the correspondence in quantity and quality to the one ordered. 8.2. It is the Buyer's responsibility to forward any complaints to the Seller no later than 14 (fourteen) days of receipt, under penalty of forfeiture. If the Seller has authorized the return, total or partial, the goods must in any case be returned promptly in the same supply conditions, free of damage, signs of wear or tampering or any other condition not present at the time of delivery. All costs for the execution of the return are the sole responsibility of the Buyer. 9) Right of withdrawal 9.1. The buyer has the right to withdraw from the purchase contract within 14 (fourteen) days of receipt of the ordered goods and must return the same within this period. 9.2. Upon return, Caffè Janus® - Ellecaffè srl will check the conformity of the returned goods with the original and, if any discrepancies are found such as to irreparably cause the use of the product, no refund will be paid to the Purchaser. Conversely, Caffè Janus® - Ellecaffè srl will undertake to reimburse all payments received by the Buyer, possibly including delivery costs, without undue delay and in any case within 14 days from the day on which it is informed of the Buyer's decision. 9.3.The refund referred to in the preceding point will be made by the Buyer using the same payment methods used by the Buyer for the initial transaction, unless the latter has expressly agreed otherwise and on condition that he does not have to incur any costs as a consequence of the refund. 10) Guarantee 10.1. The Products offered on the Site comply with the national and community legislation in force in Italy and comply with the provisions in force on food products. 10.2. In case of proven lack of conformity of the Products purchased with respect to the description published on the Site and in the case of a defective Product, the Purchaser will be required to return the same and will be entitled, alternatively, to a refund or replacement of the non-compliant goods. 11) Reference address for any complaints 11.1. For any complaints, address your letters to the following address: Via del Commercio snc Montecassiano (MC). 12.1. The parties expressly agree that if the Product should be used by the Purchaser or by the latter's customers without having first carried out the necessary checks (as indicated in the previous art.8) or having raised any objection or highlighted any anomaly regarding the functionality of the same, the Seller will not be held responsible for any defects caused or for anomalies / inconsistencies verified subsequently, nor will it be held liable for any direct or indirect damages (including but not limited to, damage to image, commercial damage, damage from non-sale, etc ...) suffered by the Buyer or its end customers. 12.2. The buyer undertakes to use the products in accordance with current regulations and directions for use, if any. The Seller declines any responsibility for use, harbinger of damage to things or people, resulting from improper use or implementation and, in any case, different from customary use. It is the customer's obligation to verify the suitability of the tool for their needs. 13) Catalogs and websites The buyer is aware of the fact that information contained in catalogs, brochures, articles, technical bulletins, websites from the Seller and indicating weights, measures, and in general all technical information relating to the Product are to be considered indicative and not binding on the Seller. The tolerances are intended as close as possible to the declaration, but if not specifically indicated, they cannot be contested. 14) Industrial and intellectual property The Purchaser is aware of the fact that following the supply he does not acquire the right to use, even partial, of trademarks or patents belonging to the Seller, which remain the exclusive property of the latter, as well as any related information to the industrial and intellectual property of technologies, manufacturing, development, engineering, quality control processes inherent to the Product and its realization. 15) Confidentiality and confidentiality The Purchaser undertakes to maintain the utmost confidentiality about the data and information that it may acquire as a result of the supply, which will be considered strictly confidential. The Purchaser also gives the Seller his consent to the processing, communication and dissemination of the data provided regarding his company, declaring that he has had full and exhaustive knowledge of the content and purposes of the aforementioned treatment as required by Article 10 Legislative Decree 196/2003, as well as the rights conferred pursuant to Article 7 of the aforementioned law, to protect the confidentiality of personal data. 16) Minors 16.1.Sale to minors 17) Applicable law and competent court 17.1. These general conditions of sale and the subsequent writings that may arise from them are understood to be fully and solely governed by Italian law; for anything not expressly provided herein, reference is made to current legislation. 17.2. For any dispute relating to the conclusion, validity, interpretation, execution and termination of the supply and of the contractual relations deriving from it, the Court of Macerata will have exclusive jurisdiction, thereby having the parties wanting to exclude the competence of any other competing forum. t1>
