+39 0119208280 info@caffeperrero.it

General conditions of online sale of www.caffeperrero.it

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1. GENERAL PROVISIONS AND SELLER IDENTIFICATION

These conditions are valid exclusively between the company Perrero Caffè srl, hereinafter also referred to as the Seller and any person who makes online purchases on the website www.caffeperrero.it, hereinafter referred to as the “Buyer”. These conditions may be subject to modifications and the date of publication of the same on the site is equivalent to the date of entry into force. These conditions govern purchases made on the website www.caffeperrero.it, in accordance with the provisions of Part III, Title III, Chapter I, of the Consumer Code, Legislative Decree no. 206/2005, modified by Legislative Decree no. 21/2014 and by Legislative Decree 70/2003 on electronic commerce.

 

2. DEFINITIONS

2.1. The expression “online sales contract” means the sales contract relating to the Seller’s Products, entered into between the latter and the Buyer as part of a distance selling system using telematic tools, organized by the Seller.
2.2. The term “Buyer” refers only to the final consumer, i.e. a natural and/or legal person who purchases the Products for his own consumption and for purposes not related to any commercial or professional activity carried out.
2.3. The term “Seller” means the subject indicated in the epigraph or the subject providing the information services.

 

3. OBJECT OF THE CONTRACT

With these general conditions of sale, Perrero Caffè srl sells and the Purchaser remotely purchases the Products indicated and offered for sale on the website www.caffeperrero.it. The contract is concluded exclusively through the internet, by accessing the Purchaser at the address www.caffeperrero.it and placing a purchase order according to the procedure set forth on the site itself.
The Purchaser undertakes to read, before proceeding with the confirmation of his order, these general conditions of sale, in particular the pre-contractual information provided by the Seller and to accept them by placing a flag in the indicated box.
In the order confirmation e-mail, the Purchaser will also receive the link to download and archive a copy of these general conditions of sale, as required by art. 51 paragraph 1 of Legislative Decree 206/2005, amended by Legislative Decree 21/2014.

 

4. PRE-CONTRACTUAL INFORMATION FOR THE CONSUMER – ART. 49 OF Legislative Decree 206/2005

Before concluding the purchase contract, the Purchaser examines the characteristics of the Products which are illustrated in the individual product data sheets at the time of choice. Before validating the order with “payment obligation”, the Purchaser is informed of:

  • total price of the goods including taxes, with details of shipping costs and any other costs; – terms of payment;
  • term within which the Seller undertakes to deliver the goods;
  • conditions, terms and procedures for exercising the right of withdrawal;
  • information relating to the costs that the Purchaser will have to bear for the return of the goods in the event of withdrawal; – Buyer’s obligations;
  • limitation of liability;
  • applicable law.

The buyer may at any time and in any case before the conclusion of the contract, take note of the information relating to the Seller, registered office, telephone number, e-mail address, information which is also reported below: Perrero Caffè srl, strada dei Fornero , 4 – 10070 San Carlo Canavese (TO), tel.+39 0119208280, email shop@caffeperrero.it.

 

5. CONCLUSION AND EFFECTIVENESS OF THE CONTRACT

The sales contract is considered concluded with the sending by the Seller to the Buyer of an order confirmation e-mail, which must contain the details of the orderer and of the order, the price of the goods purchased, shipping costs and any ancillary charges, payment methods and terms, the address where the goods will be delivered, delivery times and the existence of the right of withdrawal and the link to be able to print and archive the copy of the present conditions.
The buyer undertakes to verify the correctness of the personal data contained in the above email and to promptly notify the Seller of any corrections/modifications to be made. The Seller does not undertake any commitment regarding the verification of the data provided by the Purchaser and the fact that he is a direct consumer.
The purchase order form will be filed in the site database for the period of time necessary to process the orders and for any further period required by tax laws.
The Seller undertakes to describe and present the Products sold on the site in the best possible way. Nonetheless, there may be some errors, inaccuracies or small differences between the product depicted on the site and the real product. Furthermore, the photographs of the products presented on www.caffeperrero.it do not constitute a contractual element, as they are to be considered only representative.

 

6. TIMES AND METHODS OF DELIVERY

The Seller will deliver the Products selected and ordered, in the manner chosen by the Purchaser or indicated on the website at the time the goods are offered, as confirmed in the e-mail referred to in the previous point.
Shipping times, except in cases of force majeure, may vary from the day of the order to a maximum of 10 working days from confirmation of the same. In the event that the Seller is unable to carry out the shipment within said term but, in any case, within the one indicated in the following point, the Purchaser will be promptly notified by e-mail.
At the time of delivery, the Purchaser is required to check: that the number of packages delivered corresponds to what is indicated in the waybill; that the packaging is intact, not damaged, wet or otherwise altered, even in the sealing materials. Any damage to the packaging and/or the product, or the mismatch in the number of packages or indications, must be immediately notified, placing a written control reserve on the courier’s proof of delivery.

 

7. PRODUCT AVAILABILITY

The Seller ensures the processing and fulfillment of orders without delay via the telematic system used.
Should an order exceed the quantity existing in the warehouse, the Seller will notify the Purchaser via e-mail if the good is no longer bookable or what are the waiting times to obtain the chosen good, asking if he intends to confirm the order or not.
Even after sending the order confirmation e-mail sent by the Seller, there may be cases of partial or total unavailability of the goods. In this case, the order will be automatically corrected with the elimination of the unavailable product or products and the Purchaser will be immediately informed by e-mail; with this e-mail the Purchaser will also be informed of the methods and timing of reimbursement of any sums paid.

 

8. TERMS OF PAYMENT

Each payment by the Purchaser can only be made with the payment systems indicated on the website www.caffeperrero.it.
In case of payment by credit card, the actual debit of the order amount will take place only when the order is completed and ready for shipment.

 

9. PRICES

All the sales prices of the Products indicated on the website www.caffeperrero.it are expressed in Euros and include VAT. Shipping costs and any accessory charges, if any, are not included in the purchase price, but are indicated and calculated at the time of conclusion of the purchase process before payment is made.
The Buyer accepts the Seller’s right to change its prices at any time, however the price applied will be the one indicated on the site at the time the order is created and in the confirmation email sent by the Seller to the Buyer.
In the event that an error is found in a price, Perrero Caffè srl will enable the Purchaser to reconfirm the purchase of the Products at the correct price or to cancel it.

 

10. PURCHASER’S DUTIES

The Purchaser undertakes to pay the price of the purchased goods in the times and ways indicated in the contract.
Once the online purchase procedure has been completed, the Purchaser undertakes to print and keep this contract.
The information contained in this contract has, however, already been viewed and accepted by the Purchaser, who acknowledges it, as this step is made mandatory before the purchase confirmation.

 

11. RIGHT OF WITHDRAWAL

In accordance with the legal provisions in force, the Purchaser has the right to withdraw from the purchase without any penalty and without specifying the reason, within 14 days from the date of receipt of the products. Said right of withdrawal is excluded in the cases indicated in Article 59 of Legislative Decree 205/2006, among these in particular:

  • Supply of goods which are liable to deteriorate or expire rapidly
  • Supply of sealed goods which are not suitable for return for hygienic or health protection reasons and which have been opened after delivery.

To exercise the right of withdrawal, the Purchaser must send to the following address: Perrero Caffè s.r.l. – Strada dei Fornero, 4 – 10070 San Carlo Canavese (TO), a registered letter, with acknowledgment of receipt, containing: the will to exercise the right of withdrawal, an indication of the Products to be returned, the order number issued at the time of the purchase. The communication can be sent, always within the same term indicated above, also by e-mail to the e-mail shop@caffeperrero.it, provided that such communication is confirmed by the sending of a registered letter with return receipt. to the address Perrero Caffè s.r.l.- Strada dei Fornero, 4 – 10070 San Carlo Canavese (TO) within the following 48 (forty-eight) hours. The stamp affixed by the post office on the receipt issued will be authentic between the Parties.
The return of the products must in any case take place at the latest within 30 (thirty) days from the date of activation of the right of withdrawal. The Products must be returned to the address Strada dei Fornero, 4 – 10070 San Carlo Canavese (TO) and must be returned by the Purchaser unused, intact, in the original packaging and accompanied by the relative purchase receipt. Without prejudice to the right to verify compliance with the above, Perrero Caffè s.r.l. will refund the amount of the products subject to withdrawal within a maximum period of 30 days.
As foreseen by the art. 56 paragraph 3 of Legislative Decree 206/2005, amended by Legislative Decree 21/2014, the Seller may suspend the refund until receipt of the goods.
The Seller will make the refund using the same payment method chosen by the Buyer during the purchase. In the case of payment made by bank transfer, and if the Buyer intends to exercise his right of withdrawal, he must provide the Seller, by accessing the contact us section, with the bank details: IBAN, SWIFT and BIC necessary for the refund to be made by the Salesperson.
The only costs payable by the Purchaser for exercising the right of withdrawal pursuant to this article are the direct costs of returning the goods to the Seller.
The Seller will refund the entire amount paid by the Purchaser within 30 (thirty) days of receipt of the notice of withdrawal.
With the receipt of the communication with which the Purchaser communicates the exercise of the right of withdrawal, the Parties to this contract are released from their reciprocal obligations, except as provided in the previous points of this article.

 

12. LIMITATION OF LIABILITY

The Seller assumes no responsibility for disservices attributable to force majeure in the event that it is unable to execute the order within the time stipulated in the contract.
The Seller cannot be held responsible towards the Purchaser, except in the case of willful misconduct or gross negligence, for disservices or malfunctions connected to the use of the Internet beyond its control or that of its subcontractors.
Furthermore, the Seller will not be liable for damages, losses and costs suffered by the Purchaser following the non-performance of the contract for reasons not attributable to him, the Purchaser having the right only to the full refund of the price paid and any ancillary charges incurred .
Under no circumstances can the Purchaser be held responsible for delays or misunderstandings in the payment if he proves that he has made the payment within the times and methods indicated by the Seller.

 

13. LIABILITY FOR DEFECT, PROOF OF DAMAGE AND REFUNDABLE DAMAGES:

The Purchaser acknowledges and acknowledges that any claim or request for damage or compensation relating to the Products purchased must be addressed to Perrero Caffè srl.
The aforementioned request, by the injured party, must be made in writing and must indicate the product that caused the damage, the place and date of purchase; it must also contain the offer for viewing the product, if it still exists. Perrero Caffè srl cannot be held responsible for the consequences deriving from a defective product if the defect is due to the conformity of the product with an imperative legal rule or a binding provision, or if the state of scientific and technical knowledge, at the time in which the manufacturer put the product into circulation, it still did not allow the product to be considered defective.
No compensation will be due if the injured party was aware of the defect in the product and the resulting danger and nevertheless voluntarily exposed himself to it.
In any case, the injured party will have to prove the defect, the damage, and the causal connection between the defect and the damage.
The damage to things referred to in art. 123 of the Consumer Code will, however, be refundable only to the extent that it exceeds the sum of three hundred and eighty-seven euros (€387).
In order to make an informed purchase, the conformity or otherwise of the goods is determined, for food products, on the basis of the label applied to the packaging of any food placed on the market, in the manner established by laws and regulations and by the presence of the same on the site dedicated to the purchase.

 

14. WARRANTIES

If the purchased product proves to have manufacturing defects and/or to have been damaged during transport, the Purchaser may request its replacement within the mandatory term of 10 (ten) days of receipt, by e-mail to the address perrerocaffesrl@ pec.it. The Purchaser is also required to return the defective or damaged product in its original packaging intact in all its parts.
In case of replacement of the product, the shipping costs for the return are borne by Perrero Caffè s.r.l. The latter will then replace the product with an identical one or, in case of out of stock and in agreement with the Purchaser, with one of equivalent value.
In the case of food products, the guarantee of the goods is determined by taking into consideration the content of the products present on the label applied to the packaging of any food placed on the market in the manner established by laws and regulations and by the presence of the same on the site dedicated to the purchase.

 

14. GEOGRAPHICAL SCOPE OF THE OFFER

The Seller will only accept orders to be delivered in the Italian territory and in the Republic of San Marino. The products will be delivered by express courier to the address indicated by the Purchaser at the time of the order within and no later than 30 days. from the date of receipt by the Buyer of the order confirmation e-mail sent by the Seller.

 

16. BILLING

A receipt or, if required, an invoice will be issued for each order. For the issuance of the invoice, the information provided by the Purchaser at the time of the order is valid. No change in the invoice will be possible after the order has been sent.

 

17. SITE ACCESS

The Purchaser has the right to access the site to consult and make purchases. No other use, especially commercial, of the site or its content is permitted. The integrity of the elements of this site, whether audio or visual, and the relative technology used remain the property of the Seller and are protected by intellectual property law.

 

18. INTEGRALITY

These General Conditions of Sale consist of all the clauses that compose them. If one or more provisions of these General Conditions of Sale is considered invalid or declared as such pursuant to the law, regulation or following a decision by a court having jurisdiction, the other provisions will continue to have full force and effect.

 

19. PROCESSING OF BUYER’S DATA

The Seller protects the privacy of its customers and guarantees that the data processing complies with the provisions of the Privacy legislation (GDPR 679/2016 and Legislative Decree 196/2003 as amended by Legislative Decree 101/2018). The complete information on data processing is reported in full in the appropriate “Privacy Policy” section to which reference is made.

 

20. GOVERNING LAW AND REFERENCE

This contract is regulated by the Italian law.
Although not expressly provided for herein, the provisions of law applicable to the relationships and cases set forth in this contract apply, and in particular art. 5 of the Rome Convention of 1980.
Pursuant to art. 60 of Legislative Decree 206/2005, the discipline contained in Part III, Title III, Chapter I of Legislative Decree 206/2005 is expressly referred to here.

 

21. FINAL CLAUSE

This contract repeals and replaces any agreement, understanding, negotiation, written or oral, previously intervened between the Parties and concerning the object of this contract.

A – I DO NOT ACCEPT THE ABOVE CONDITIONS
B – I ACCEPT THE ABOVE CONDITIONS

click to read and accept the unfair terms

Pursuant to and for the purposes of articles. 1341 and 1342 of the Civil Code, the clauses referred to in points:
4.  PRE-CONTRACTUAL INFORMATION FOR THE CONSUMER – ART. 49 OF Legislative Decree 206/2005
5.  CONCLUSION AND EFFECTIVENESS OF THE CONTRACT
8.  TERMS OF PAYMENT
10. BUYER OBLIGATIONS
11. RIGHT OF WITHDRAWAL
12. LIMITATION OF LIABILITY
13. LIABILITY FOR DEFECT, PROOF OF DAMAGE AND REFUNDABLE DAMAGES
14. WARRANTIES

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