TERMS AND GENERAL CONDITION
1. GENERAL PROVISIONS
1.1 These general conditions of sale (hereinafter, “General Conditions) apply to all sales of products (hereinafter, “Products” or “Product”) purchased through the website www.caffecannizzaro.it (hereinafter, “Site”).
1.2 The use of the distance sales service described in these General Conditions is reserved exclusively for consumers (hereinafter, “Customers” or the “Client”), understood as natural persons acting for purposes unrelated to their commercial, entrepreneurial or professional activity, if any.
1.3 The language available to conclude the contract is Italian.
1.4 The Customer shall carefully read the General Conditions that have been made available to him/her on the Site to allow them to be memorised and reproduced by the Customer.
1.5 The contracts concluded with Caffè Cannizzaro S.a.S. (as identified below) through the Site are governed by Italian law and, in particular, by the Legislative Decree of t6 September 2005, n. 206 (hereinafter also “Consumer Code”), by the Legislative Decree of 9 April 2003, n. 70 (hereinafter also “E-commerce Decree”) and, as applicable, by the R.D. 16.03.1942, n. 262 (hereinafter also “Civil Code”).
1.6 Caffè Cannizzaro S.a.S. reserves the right to vary the General Conditions of Sale by giving notice on this Site page. The applicable General Conditions of Sale are those in force at the time of placing an order. Any change shall be effective after publication on the Site.
2. IDENTIFICATION OF THE SELLER
2.1 The Seller is
Caffè Cannizzaro S.a.S.
Registered office: Via Nazionale, 167 – 89122 Cittanova (RC) VAT NO. 01597850807
2.2 For contacts, please refer to the relevant section of the Website.
3. INFORMATION RELATING TO THE PRODUCTS
3.1 The information relating to the Products that can be sold at a distance through the Site is available, with the relative product codes, on the Site www.caffecannizzaro.it.
3.2 The images of the products may not be perfectly representative of their characteristics but may differ in terms of colour, size, and accessory products represented. All support information for purchasing is intended as mere generic information material, not referring to a single product’s real characteristics.
4. PRICE
4.1 The prices of the products are inclusive of all taxes and duties except for excise duties and other charges that may be applied by the customs of the country of destination.
4.2 All prices are expressed in Euro.
4.3 Shipping costs are charged to the Customer, except for possible promotions which can be consulted on the shipping costs page.
5. ORDERING PRODUCTS
5.1 The essential characteristics and prices of the Products are indicated in the offer relating to each Product.
5.2 Orders will not be accepted from persons who have not reached the age of majority.
5.3 To purchase the Products the Customer shall fill in online and send Caffè Cannizzaro the order form in electronic format. Registration with username and password is optional. If the Customer does not wish to register, they can still conclude a purchase: only the data necessary for the delivery and possible invoicing of an order will be requested.
5.4 The Customer shall put the Product in the “shopping cart”, enter the personal data, enter the shipping data and, after having read the General Conditions, with particular reference to the contribution for delivery costs, the procedures for exercising the right of withdrawal and the Privacy Policy and having confirmed that he/she has read them, he/she shall select the desired payment method and choose the option “Confirm order”.
5.5 Before submitting the purchase order, the Customer will have the opportunity to correct any data entry errors by following the appropriate editing procedure contained on the Site. In particular, the Customer has the right to modify the quantity and type of the Products he/she intends to purchase, adding or removing one or more Products from the “cart”.
5.6 By sending the order, the Customer acknowledges and declares to have read all the information provided during the purchase procedure and fully accept the General Conditions.
5.7 Caffè Cannizzaro reserves the right to evaluate the acceptance of orders received. Caffè Cannizzaro will inform the Customer of any inability to accept the orders received within 30 days from the day after the Customer transmitted the order to Caffè Cannizzaro and will refund any sums already paid by the Customer for the payment of the supply.
5.8 No contract shall be considered concluded between Caffè Cannizzaro and the Customer if Caffè Cannizzaro has reasonable grounds to believe that the Customer is not acting on the basis of an effective and genuine interest in purchasing the products ordered. In such cases, the order placed by the Customer shall be considered ineffective. Caffè Cannizzaro will send to the Customer, by e-mail, a communication stating the contract’s non-conclusion, also ensuring the cancellation of any charge and/or expense borne by the Customer.
6. PAYMENT METHODS
6.1 The Client may pay the price of the Products and the relative delivery expenses by Credit Card, Pay Pal.
6.2 We accept payments made with all major Credit Cards, including Visa, MasterCard and American Express.
6.3 The transaction will be charged on the Customer’s credit card only after: a) the credit card data have been verified (on a secure server directly by the Bank, Caffè Cannizzaro will not have any direct access to your data), b) the debit authorisation has been received from the company issuing the credit card used by the Customer and c) Caffè Cannizzaro has confirmed the availability of the Product.
6.4 If, for any reason whatsoever, the debiting of the amounts due by the Client proves impossible, the sale process is automatically cancelled and the sale automatically cancelled.
7. CONFIRMATION OF RECEIPT OF THE ORDER
7.1 Once an order has been received, Caffè Cannizzaro will automatically send a confirmation of receipt by e-mail, in which all the details of the order itself will be summarised, the essential characteristics of the Product ordered, its price, the amount paid, the existence of the right of withdrawal – with an indication of the times and methods for returning the goods – the geographical address to lodge any complaints and information on the existing assistance services and commercial guarantees.
7.2 Following the receipt of an order, Caffè Cannizzaro will verify the Product’s availability and the existence of the other conditions for sale. Only after this verification will it communicate its acceptance of an order and the shipment of the Product.
7.3 If Caffè Cannizzaro cannot process an order received, it will promptly notify the Customer.
7.4 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 things caused by the non-acceptance of an order is excluded.
8. TRANSPORT AND DELIVERY
8.1 The Products purchased on the Site will be delivered to the address indicated by the Customer. In any case, the Customer has the right to request delivery of the Products to an individual of his choice. Deliveries to P.O. boxes will not be made.
8.2 For each order placed on the Site, Caffè Cannizzaro shall issue an invoice for the goods shipped, sending it together with the package or by e-mail. The invoice shall be issued based on the information provided by the Customer when placing the order. No change in the invoice shall be possible after the invoice has been issued.
8.3 The goods’ delivery costs shall be borne by the Customer and are separately highlighted on the Site and in the order form.
8.4 All purchases will be delivered by express Courier with whom Caffè Cannizzaro has stipulated contracts of collaboration (hereinafter, “Courier”) from Monday to Friday, excluding public holidays and national holidays. Caffè Cannizzaro is not responsible for unforeseeable delays. Caffè Cannizzaro shall send the Customer a confirmation e-mail once the Products have been shipped. In any case, except in cases of force majeure or unforeseeable circumstances, following the Consumer Code the Products will be delivered within10 (ten) days, except in the case of delays and in any case not later than 30 (thirty) days from the day after the day on which the Customer has transmitted the order to Caffè Cannizzaro.
8.5 The times indicated for the delivery of the goods are indicative.
8.6 For the delivery of the goods, the Customer or a person appointed by him is required at the address of the addressee indicated in the order. Upon delivery of the goods by the Courier, the Customer shall check that the number of packages delivered corresponds to the number stated in the delivery note and that the package is intact or not altered. Any damage to the package and/or the Products or the mismatch in the number of packages must be immediately contested using a written control reservation on the Courier’s proof of delivery. Once the Courier’s document has been signed, the Customer may not raise any objection regarding the external characteristics of the package delivered.
9. DUTIES AND RESTRICTIONS
9.1 Caffè Cannizzaro is not responsible for any duties or purchasing restrictions applied by the customs of the countries of destination.
10. RIGHT OF WITHDRAWAL
10.1 according to the provisions of Legislative Decree 21 February 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 price actually paid, without any penalty and without specifying the reason.
10.2 The right of withdrawal consists of the right to return the purchased products to the seller and consequently obtain a refund of the purchase price of the products themselves.
10.3 The right of withdrawal may be exercised within 14 days from receipt of the Product in the following ways:
10.3.1 Before the expiry of the aforementioned term, the Customer shall send a registered letter with return receipt to Caffè Cannizzaro S.a.S. or by submitting another statement from which the will to withdraw is explicitly inferred. The communication can be sent, within the aforementioned period, by registered mail to the address Via Nazionale, 167 – 89122 Cittanova (RC) or e-mail to the address: info@caffecannizzaro.it
10.3.2 The customer service of Caffè Cannizzaro S.a.S., having verified the conditions for the exercise of the right of withdrawal, will contact the consumer in order to indicate the place where the consumer must return the products intact, within fourteen days, excluding holidays and weekends, from the date of communication of the withdrawal.
10.4 The cost of returning the purchased products shall be borne by the consumer.
10.5 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 operation of the products, (by way of example: damaged products, not regularly or completely packaged, or in which certain parts are missing or have been damaged, such as components, elements, accessories, packaging materials, boxes, documentation and/or other objects), Caffè Cannizzaro S.a.S. will reimburse the Customer the purchase sum less the value of this decrease.
10.6 In the event that the Customer sends back products after the deadline mentioned above or in the case of products that have been opened and/or partially used and that are not suitable to be returned, the right of withdrawal does not apply and Caffè Cannizzaro S.a.S. will return the purchased goods to the Customer charging him the shipping costs.
10.7 With the limitations mentioned above, Caffè Cannizzaro S.a.S. will refund the amount paid by the Customer within 14 days of receipt of the notice of withdrawal by a credit note on the credit card.
11. LACK OF CONFORMITY, WARRANTY AND REPLACEMENT
11.1 The legal guarantees provided for by articles 129, 130 and 132 of the Consumer Code apply to the sale of Products other than foodstuffs. In order to benefit from the guarantee, the Client must keep the invoice or, if not available, the transport document.
11.2 In case of conformity defects of Products sold by Caffè Cannizzaro the Customer must immediately contact Customer Service at the e-mail address info@caffecannizzaro.it.
11.3 The Customer has the right to restore, without charge, the conformity of the goods by replacement or an appropriate reduction in the contract’s price or termination.
11.4 The Customer loses these rights if he does not report the lack of conformity to Caffè Cannizzaro within two months from the date on which he discovered the defect. The action aimed at asserting the defects not fraudulently concealed by Caffè Cannizzaro is prescribed, in any case, in the term of twenty-six months from delivery of the goods.
11.5 If the Product purchased has been damaged during transport, the Customer may request a replacement of the same within the mandatory term of 10 days from receipt.
11.6 The Product to be replaced must be received, in normal condition, at the following address: Caffè Cannizzaro S.a.S. Via Nazionale, 167 – 89122 Cittanova (RC) – Italy.
11.7 The execution of the new order is subject to the availability of the requested Products.
12. ERRORS
12.1 The information relating to the Products provided on the Site is updated continuously. However, it is not possible to guarantee the complete absence of errors.
12.2 Caffè Cannizzaro reserves the right to correct errors, inaccuracies or omissions even after an order has been sent and also to change or update the information at any time without prior notice.
13. APPLICABLE LAW AND JURISDICTION
13.1 These General Conditions are governed by Italian law and shall be interpreted in accordance with Italian law.
13.2 For disputes arising from the interpretation, validity and/or execution of these General Conditions, the territorial jurisdiction shall be that of the Court of Reggio Calabria.
14. CONTACTS
14.1 For further information, the Customer Service is operating, whose references can be found directly on the Website in the “Contacts” section or by e-mail at the following address: info@caffecannizzaro.it