Art. 1
Object of the contract
1. Etruria Manifatture di Angelo Cavicchi, based in Corso Amendola 9, 51100, Pistoia (Italy), VAT number 01785020478, hereinafter referred to as "Torrefazione Etruria sells the products selected and ordered by the Buyer from those included in the electronic catalog and moment available, which the Buyer purchases with a distance sales contract, through the internet
2. The service on this site is active for purchases to be delivered in Italy and the European Community.
3. Once the order has been placed, Torrefazione Etruria will confirm to the Purchaser in real time the registration of the purchase order made by him via a message sent to the e-mail address indicated by the Purchaser himself and / or with a web screen.
4. The contract is concluded, and is binding for both parties, upon receipt of the payment of the total amount of the order. In the event of any unforeseen depletion of stocks in the warehouse due to excess demand or other causes, Torrefazione Etruria undertakes to promptly notify the Buyer of the unavailability of the product and to fully reimburse the sums paid without any penalty.
5. Torrefazione Etruria reserves the right not to accept incomplete and / or not properly completed purchase orders, or with outstanding payment.
Art. 2
Obligations of the Buyer
1. The Purchaser undertakes, once the online purchase procedure has been completed, to print and / or keep these General Conditions which, moreover, he will have already viewed and accepted as an obligatory step in the purchase, as well as to printing of the specifications of the product being purchased. This is in order to fully satisfy the condition referred to in articles 52 and 53 of Legislative Decree 206/05.
2. The Buyer is strictly forbidden to enter false and / or invented data in the registration procedure necessary to activate the process for the execution of this sales agreement and related further communications. The personal data and the e-mail address must also correspond exclusively to their personal data and not to those of third parties.
3. The Buyer declares to be of age.
Art. 3
Delivery times and methods
Torrefazione Etruria assumes the responsibility of delivering to the Buyer, in the place indicated by him and by courier, the products selected and ordered by the same.
Delivery to the courier will take place within 5 working days, starting from the receipt of payment of the purchase order by Torrefazione Etruria.
Delivery times also depend on product availability and shipping methods. With reference to availability, if this proves insufficient, Torrefazione Etruria will promptly inform the Customer with an e-mail message and the Customer can choose whether to accept the new delivery term or a replacement product, or cancel the order and obtain (in case he has payment by credit card or bank transfer has already been made) the refund of the amount without further charges to be borne by Torrefazione Etruria.
Attention: delivery times refer to the time required for the courier to deliver the products to the customer and not to the time required by Torrefazione Etruria for the preparation and packaging of the order.
In the event of the absence of the Customer or his representative at the time and place agreed for the delivery or of unjustified refusal to deliver, the Seller will be released from the related obligation by depositing the Products at the courier's warehouses, of the related storage costs and notice. to the Customer, also by fax or e-mail, at the addresses indicated in the Order Form. In all these cases, the collection of the Products is the sole responsibility of the Customer.
Art. 4
Transport damage
1. In the event that the Purchaser finds any external damage to the packaging or the mismatch in the number of packages, he must immediately (i) make a written reservation of control on the courier's proof of delivery or (ii) refuse acceptance of the damaged package by writing in pen the reason on the waybill that the courier requests to sign upon receipt of delivery. The Purchaser who has accepted the package subject to control and has subsequently found damage to the product must, within 2 working days of delivery, report the damage by sending a registered letter to / or certified e-mail to Etruria Manifatture di Angelo Cavicchi, Corso Amendola 9, 51100, Pistoia (Italy). In addition to the reason for the complaint, the Purchaser must also specify the purchase order number and tax documentation.
2. In the event that the Purchaser finds damage to the product not visible from the outside or the mismatch in the number of products received, he must report the damage, within 2 working days of delivery, by sending a registered letter to / or certified e-mail to Etruria Manifatture by Angelo Cavicchi, Corso Amendola 9, 51100, Pistoia (Italy). In addition to the reason for the complaint, the Purchaser must also specify the purchase order number and tax documentation.
3. If the Purchaser does not act in the ways and terms indicated in the previous points 1 and 2 of this article, he will lose the rights to replacement or reimbursement.
4. Following the report submitted by the Buyer, Torrefazione Etruria will replace the damaged product. In the event that, for any reason, Torrefazione Etruria is unable to replace the product, it may proceed at its discretion to refund the full amount paid or to replace it with a product of equal or superior characteristics. No replacement or return is possible in relation to any products received as a gift from the Buyer.
Art. 5
Right of withdrawal
1. The final consumer Purchaser has the right to withdraw from this contract within 10 working days from the day of receipt of the products.
2. The right of withdrawal must be exercised by the Buyer by sending a written communication to be addressed to Etruria Manifatture di Angelo Cavicchi, Corso Amendola 9, 51100, Pistoia (Italy), by registered letter with return receipt or certified e-mail.
The communication must contain the purchase order number, the will to withdraw from the purchase and the product or products for which it is intended to exercise the right of withdrawal; the Buyer must also attach a copy of an identity document and the purchase tax documentation, and indicate both a telephone number on which he can be contacted, and the bank details of the current account to which he will receive a refund of the amount paid.
3. The communication can be sent within the term referred to in the previous art. 5.1. also by telegram, fax, e-mail, provided that it is confirmed by registered letter with return receipt within the following 48 hours.
4. Once the notice of withdrawal has been received by registered letter with return receipt, Torrefazione Etruria will communicate, by telephone or by e-mail to the Buyer, the address to which to ship the products to be returned and the authorization to return of the products themselves. The Purchaser must send the product carefully packed in its original packaging, complete with everything originally contained, to the communicated address. The shipment by the Buyer must be made by courier within 10 working days of the notification from Torrefazione Etruria. The shipment, until receipt by Torrefazione Etruria, will be under the responsibility and risk of the Buyer. Upon receipt of the products, Torrefazione Etruria will check their integrity and reimburse the Purchaser for the amount of the product purchased.
5. The costs incurred by the Purchaser for returning the products to Torrefazione Etruria in the event of exercising the right of withdrawal are borne by the Purchaser himself.
6. The integrity of the goods to be returned is an essential condition for exercising the right of withdrawal.
7. In the event that the right of withdrawal is exercised by the Buyer in accordance with the provisions of this article, Torrefazione Etruria will reimburse the sums paid by the Buyer, excluding the costs of returning the products, within 30 days from the date of receipt of the goods.
It is specified that the right of withdrawal referred to in this article applies only to Customers who are natural persons who qualify as "consumers" pursuant to current legislation, being vice versa excluded for Customers who do not cover it, ie who act for business purposes, commercial, artisanal or professional.
Art. 6
Prices
1. The Buyer will pay Torrefazione Etruria for the products purchased the price indicated in the online catalog at the time the Buyer placed the order. This price will be expressed in Euros and will include VAT.
2. The shipping costs of the products, where provided for by the Buyer, will be applied according to the prices and conditions indicated in the appropriate section published on the site which the Buyer has read before placing the order. .
3. The prices of the products can be updated and therefore undergo variations on a daily basis.
Art. 7
Shipment
We ship within the European Community
Art. 8
Shipping times and costs
Delivery takes place within 3-5 working days from the date of shipment.
The cost of shipping in Italy amounts to € 5.90, that of shipping in the European Community to € 30.00.
Art. 9
Delivery attempts
There are one or two delivery attempts depending on the country of destination. The number of delivery attempts foreseen for each country is available on the Country Fact Sheets published on the website www.gls-group.com.
In the absence of the recipient, a notice of non-delivery is left in the mailbox showing the date and time of the delivery attempt, the office where the shipment is stored and the deadline for storage.
Art. 10
Responsibility
1. In case of non-delivery of the products by Torrefazione Etruria within the term indicated in the previous art. 3, the Buyer has the right to withdraw from the contract by communicating this will by sending a registered letter with return receipt to Etruria Manifatture, Corso Amendola 9, 51100, Pistoia (Italy), indicating the purchase order number, the tax documentation and the bank details for the full refund of the sums paid.
2. Torrefazione Etruria assumes no responsibility for inefficiencies attributable to force majeure of any nature and kind, if it fails to execute the contract within the time agreed.
Causes of force majeure, by way of example but not limited to, accidents, explosions, fires, strikes and / or lockouts, earthquakes, floods and other similar events, as well as provisions of the Public Authority, the strike of own employees or of the carriers of which Torrefazione Etruria makes use, as well as any other circumstance that is beyond the control of the latter.
3. Without prejudice to the provisions of art. 8 of EU Directive 97/7 and art. 56 of Legislative Decree 206/05, Torrefazione Etruria assumes no responsibility for any fraudulent use by third parties of the credit card data provided by the Buyer.
Art. 11
Methods of payment and billing
1. The Purchaser will pay for the ordered products in the following ways: credit card, prepaid credit card via PayPal, bank transfer in advance to the account in the name of Etruria Manifatture - Unicredit Banca - Filiale Fedi di Pistoia - IBAN: IT 58 D 02008 13807 000102182343 - BIC: UNCR ITM 1G28.
2. The payment will include the costs for the shipping contribution to be paid by the Buyer, according to the terms of the offer published on the site.
3.For Customers who make professional use of the items offered on the website www.etruriacaffe.it, Torrefazione Etruria will issue, upon explicit request, the relative invoice which will be sent to the e-mail address indicated in the order by the Buyer, who must communicate all tax data to be entered (company name, complete address, VAT number and, if an individual company, the owner's tax code, SDI). If this is not required or if it is a final consumer, a receipt will be issued which will be included in the shipment.
4. For the issuance of the tax document, the information provided by the Purchaser at the time of the order will prevail. To this end, the Buyer undertakes to carefully check the data entered at the time of the order, as these will be used for accounting records.
Art. 12
Termination of the contract and express termination clause
1. The obligations assumed by the Purchaser in art. 2 above (Obligations of the Buyer), as well as the guarantee of the successful completion of the payment that the Buyer must make, are essential, so that, by express agreement, the non-fulfillment by the Buyer of only one of these obligations will determine the legal termination of the contract pursuant to art. 1456 of the Italian Civil Code, without the need for a judicial ruling, without prejudice to the right of Torrefazione Etruria to take legal action for compensation for further damage.
Art. 13
Changes
1. Torrefazione Etruria reserves the right to change these General Conditions at any time by publishing the updated version on the site.
2. Any new clauses will be effective for purchases made after the modification.
Art. 14
Applicable law
1. This contract is governed by Italian law. These General Conditions refer, although not expressly provided for therein, to Legislative Decree 206/05.
Art. 15
Jurisdiction
1. Any dispute relating to the application, execution, interpretation of this contract stipulated online through the site is subject to Italian jurisdiction.
2. For disputes arising between the Parties in relation to this contract, the judge of the place of residence or domicile of the Purchaser is competent if located in the territory of the Italian State.
If the Purchaser's residence or domicile are not located in the territory of the Italian State, the Court of Pistoia is competent.
