Terms and conditions of sale

Introduction

These general conditions of sale regulate the online purchase made by subjects residing in Italy through the caffetesta.com site (hereinafter, for the sake of brevity, the “Site”) owned by Testa Caffè Srl.

Validity and effectiveness of the General Contract Conditions

1.1

(hereinafter the “General Conditions”) govern the relationship, the offer and the sale of the Products between the Customer user of the Site (hereinafter the “Customer” or “Customers”) and Testa Caffè Srl, with registered office in Villastellone (TO) Via Cossolo 9 – P.IVA/C.F. 12144010019 N.REA:TO-1267988 (di seguito “Testa Caffè”).

The Customer acknowledges and acknowledges that he acts as a sole agent for the sale of Testa Caffè exclusively as regards the management of the electronic commerce of the Products of the latter (hereinafter “the Products”) made available on the website caffetesta.com.
By completing the online order on the Site and sending the relative Confirmation, the Customer declares to have read and understood the General Conditions of Sale indicated in this document and all the information provided during the purchase procedure, to accept them individually and in their complex and to force oneself to observe them.
It is the Customer’s responsibility and forethought to provide for the printing and storage or archiving of these General Conditions and of the forms reproducing the characteristics of the purchase made.
Testa Caffè Srl reserves the right to modify these general conditions of sale at any time by publishing a new version.

1.2

The online purchase through the Site takes place on the basis of and in compliance with these General Conditions, and is allowed only and exclusively to Customers residing in Italy. The General Conditions are valid for purchases made from Italy for Products to be delivered in the Italian territory.
For the purposes of these General Conditions, by Customer we mean only the final consumer, that is a natural and / or legal person who purchases the Products for his own consumption and therefore for purposes not instrumental to any entrepreneurial or professional activity carried out.

1.3

Testa Caffè does not undertake any commitment in order to verify the requirements indicated above in relation to the Customer’s residence and the fact that he is a direct consumer, not possessing or having the obligation to possess tools suitable for detecting and ascertaining: the Customer, once who has qualified on the Site as a consumer and resident in Italy, therefore assumes all responsibility that may derive from the violation of the provisions referred to in point 1.2 above.

Products

1.1

Testa Caffè reserves the right to vary the type and the Products offered on the Site at any time, also in relation to availability.
Testa Caffè does not guarantee that the Products presented on the Site are actually available or that they are within the expected delivery times, as this depends on the commercial policies of the Producer and on the stocks actually present in the warehouse; Testa Caffè therefore offers its products for sale within the limits of stock available at the time of receipt of the related purchase order.
However, Testa Caffè does not assume any responsibility of any kind for the case of unavailability of Products which, although present on the Site, were not materially available.

2.2

The Products offered for sale on the Site are those described in the relevant information sheets.
The characteristics of the Products, meaning volume, dimensions and weight and the performances indicated in the Information Sheets, cannot be absolute but only highly indicative, as they are affected by the production processes.

Prices

3.1

The prices of the Products are expressed on the Site in €. (Euros) and are inclusive of all applicable taxes (the “Prices”). Any delivery costs are excluded.

3.2

Testa Caffè constantly checks that all prices are correct, without however guaranteeing the absolute absence of any errors. In the event that an error is found in a Price, Testa Caffè will enable the Customer to reconfirm the purchase of the Products at the correct Price or to cancel it.

Purchase methods

4.1

The essential characteristics of the Products and the Prices are shown in the offer relating to each individual Product on the Site.

4.2

The sale is governed by the terms and conditions contained in this document. It is the specific responsibility of the Customer to read them in advance as, as indicated in the purchase procedure on the Site, the compilation of the order and its sending constitute irrevocable recognition and acceptance of these General Conditions of Sale and confirmation of the will to purchase pursuant to of the same.
To proceed with the purchase of the Products, the Customer must follow the instructions on the Site where the preventive obligation to read and accept the terms of the contribution for any delivery costs, of these General Conditions (including the conditions for exercising the right) is clearly indicated. of withdrawal) and the privacy policy referred to in Article 15, before continuing to select the type of payment desired and before confirming the purchase order.
The Contract is intended as stipulated at the time of acceptance, even tacit, of the order by Testa Caffè and always subject to successful payment.
The tacit acceptance of the order by Testa Caffè is carried out by entrusting the products sold to the courier.

4.3

The steps for placing the order and concluding the purchase contract are clearly highlighted in the sequence of pages of the Site through explanatory texts and graphics. In particular, it is advisable to read the information on withdrawal contained in this document.

Registration

5.1

Registration with “username” and “password” is optional.
If the Customer does not wish to register, he can still conclude the purchase: only the data necessary for the delivery and billing of the order will be requested. The data requested in this circumstance will be treated as indicated in the following article 15.

Conclusion of the contract

6.1

The Contract stipulated between the Customer and Testa Caffè is considered concluded when the order forwarded by the Customer reaches the address indicated in the order by the Customer, provided that (i) the purchase procedure reported on the Site has been respected. , that (ii) Testa Caffè has received adequate debit authorizations according to the methods chosen by the Customer for payment and that (iii) Testa Caffè has confirmed the availability of the Product.
Testa Caffè is not responsible for malfunctions in the data transmission network attributable to the manager.

6.2

By sending the order to Testa Caffè, the Customer acknowledges and declares to have read and fully accepted the terms of the contribution for delivery costs, the General Conditions, the privacy policy referred to in Article 15 and the conditions of exercise of the right of withdrawal.

6.3

The purchase order form will be filed in the Site database for the period of time necessary to process the orders; Testa Caffè reserves the right to keep the purchase order data for statistical purposes and to improve the services offered: the collection of data and their treatment will be exercised according to the terms indicated in the privacy policy referred to in article 15 .

6.4

Testa Caffè will send the Customer, by e-mail, a confirmation of receipt of the purchase order sent, containing the instructions to access online the summary of the General Conditions, the privacy policy and any special conditions applicable to the contract, including information relating to the address and contacts of Testa Caffè to which complaints can be lodged, information on the assistance services and existing commercial guarantees, the conditions of withdrawal, the methods of returning or collecting the goods in case of exercise of this right, to the detailed indication of the Price, of the payment method chosen by the Customer, of the delivery costs.
The Customer must immediately check the content of the communication and immediately report any errors or omissions to Testa Caffè.

Payment methods

7.1


Testa Caffè accepts payment only through the systems listed below:

– Credit card: (American Express, Visa or Mastercard) through the PayPal payment platform. The amount of the order will be charged only at the time of the actual approval of the order.


PayPal: online payment system that allows any company or consumer who has an email address to send and receive payments, after registering. Payment is made through the PayPal payment platform.

– Satispay: free app that allows you to pay in shops and on websites, exchange money with friends, buy services and save in a smart way.

– Bank transfer: by choosing the payment by bank transfer you can easily make the payment from the current account to the address indicated below and on the order confirmation e-mail. The order will not be considered valid until we receive the payment. We therefore strongly recommend that you follow the instructions that will be provided for filling in the reason for the transfer, in order to quickly associate the payment with the relative order.


– Cash on delivery: by choosing cash on delivery, the customer will be able to make payment upon delivery and upon delivery, with additional payment indicated at the time of order confirmation.


Transport and delivery

8.1

For security reasons, the Products purchased on the Site will be delivered to the address indicated by the customer. No deliveries will be made to post office boxes.

8.2

For each order placed on the Site, Testa Caffè issues an invoice for the goods shipped, sending it by e-mail to the holder of the order, in accordance with the D.P.R. 445/2000 and of the D.L. 52/2004.
For the issuance of the invoice, the information provided by the Customer at the time of the order shall be fully and definitively valid. No change in the invoice will be possible after the order has been sent.

8.3

Any delivery costs are charged to the customer and are clearly highlighted in the order form. They may vary according to the chosen shipping method and the place of destination of the Products as indicated on the Site.

8.4

All purchases will be delivered by means of a courier of adequate standing (the “Courier”) within the times indicated on the Site, which are indicative and not mandatory. Orders will be processed and delivered from Monday to Friday, excluding holidays.
Testa Caffè is also not responsible for unforeseeable delays, it being understood that, except in cases of force majeure, the Products will be delivered within a maximum period of 10 (ten) working days starting from the day following that in which the Customer sent the order to Testa Caffè.

8.5

Upon delivery of the goods by the Courier, the Customer is required to check:? (I) that the number of packages delivered corresponds to what is indicated in the waybill; ? (ii) that the packaging is intact, not damaged, wet or otherwise altered, even in the closing 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. Once the Courier’s document has been signed, the Customer will not be able to make any objection regarding the external characteristics of what has been delivered.

8.6

If Testa Caffè is unable to deliver the ordered goods following the unavailability, even temporary, of the Products, it will promptly notify the Customer and in any case no later than 30 (thirty) days from receipt of the order, by e-mail.
The amount already paid by the Customer will be reimbursed as soon as possible and in any case no later than 30 (thirty) days from the crediting of the price paid by the Customer.

8.7

Testa Caffè will send the Customer an electronic message confirming the shipment once the Products have been shipped.

8.8

Testa Caffè will provide the Customer, where possible, with the tracking number, which will allow the parcel to be tracked on the Courier’s website.

8.9

For orders over € 39, delivery is free throughout the Italian territory.

Billing

9.1

An invoice will be issued for each order. For the issuance of the invoice, the information provided by the Customer at the time of the order is valid. No change in the invoice will be possible after its issue. When ordering, it is necessary to indicate if the shipping address is different from the billing address.

Returns, cancellation of orders and right of withdrawal

10.1

Pursuant to Legislative Decree 21 February 2014, n.21 implementing Directive 2011/83 / EU on consumer rights, the Customer can return the purchased product and obtain a refund of the purchase amount actually paid, including any costs of shipment, no later than 14 (fourteen) days from the date of purchase.

10.2

The costs of redelivery for the return of the products are charged to the customer as well as any other cost incurred by the customer for the return itself.

10.3

For the return of the products, Testa Caffè will provide the necessary instructions. Testa Caffè undertakes to promptly reimburse the Customer and in any case no later than 30 (thirty) days from the date of receipt of the cancellation request accompanying the return of the product pursuant to point 10.1 above. Testa Caffè will send an electronic notification message once the refund has been made.

10.4

The products must be returned using only the waybill and the courier indicated by Testa Caffè. Testa Caffè will not be responsible for those returned products that have been lost, stolen or damaged and therefore will not proceed with refunds or refunds.

10.5

Testa Caffè intends to guarantee complete customer satisfaction. Testa Caffè will therefore fully reimburse the cost of products returned by the Customer not consumed, in general not used, nor damaged, provided they are accompanied by the relevant purchase receipt.
Refunds will be made with the same payment method as for the purchase.
The return of the purchased goods must take place within 14 (fourteen) days from the date of activation of the right of withdrawal. The Products purchased on this e-shop cannot be refunded or returned to shops or points of sale of Caffè Testa products and in general differently from what is indicated in this article.

10.6

To exercise the right of withdrawal, the Customer must send to the following address: Via Cossolo 9, 10029, Villastellone (TO); a registered letter, with return receipt, containing: the will to exercise the right of withdrawal, the indication of the Products to be returned, the progressive order number issued at the time of purchase.
The communication can always be sent within the aforementioned term, in paragraph 10.1, also by e-mail to the e-mail address info@caffetesta.it.

Packs

11.1

The Products purchased on the Site are delivered in boxes as described in the cards contained on the Site.

Failure to accept an order

12.1

Any right of the customer to compensation for damages or compensation is excluded, as well as any contractual or extra-contractual liability for direct or indirect damage to persons and / or things caused by the non-acceptance of an order by Testa Caffè.

Warranty

13.1

If the purchased product has manufacturing defects and / or has been damaged during transport, the Customer may request its replacement within the mandatory term of 10 days from receipt by e-mail to the address info@caffetesta.it.
The customer is also required to return the defective or damaged product in its original packaging intact in all its parts.

13.2

In case of replacement of the product, the shipping costs for the return are borne by Testa Caffè. The latter will then replace the product with an identical one or, in case of stock out and after agreement with the Customer, with one of equivalent value.

Authenticity Guarantee and Product Guarantee – Disclaimer

14.1

Testa Caffè guarantees that the supply of all Products is by Caffè Testa.

14.2

Testa Caffè sells the original Products bearing the Caffè Testa brand on-line, through the proprietary website and platform.
Products, slogans, distinctive signs and any data or content on the site is and remains the exclusive property of Testa Caffè Srl. No page, data, image or content on the Site may be reproduced without prior and express written authorization.

14.3

Testa Caffè assumes responsibility towards the Customer only for defects and malfunctions relating to the physical and IT management of the Site and to the transaction procedures.
The Customer acknowledges and acknowledges that any claim and request for damage or compensation relating to the Products purchased, even if sent through the Site, must be addressed to Testa Caffè, which assumes full and exclusive responsibility for each Item sold for through the site and through e-commerce, for any request for damage in any case deriving from defects or anomalies, from their composition, packaging, material, images, writings, packaging and everything that, in general, pertains to anything other than the pure sales activity via e-commerce. In any case, the guarantee on products sold through the caffetesta.com site is subject to the typical guarantee offered by the Manufacturer, Testa Caffè, if the Products are provided with it, for which the Customer is invited to check the terms and conditions on the Site. If Testa Caffè is unable, for any reason, to replace the product under warranty, it will be able to return the price paid by the Customer within 30 days of the replacement request, without prejudice to the Customer’s choice to request Products of equivalent value as a replacement.

Privacy disclaimer

15.1

Pursuant to Legislative Decree 196/2003 (“Code regarding the protection of personal data”) and any amendments thereto, Testa Caffè is the owner of the processing of the Customer’s personal data, the conferment of which is optional but necessary for the management of orders and supplies. For the purposes of managing supplies and related orders, the Customer’s personal data will be stored in the computer archives of Testa Caffè and processed in a manner strictly necessary for the indicated purposes. At any time, the Customer may exercise the rights provided for by art. 7 of Legislative Decree 196/2003 (such as: knowing your personal data and how they are used, having them updated, correcting, deleting, requesting their blocking or opposing the processing for legitimate reasons, knowing the list of data processors) by writing to the following e-mail address: info@caffetesta.it

15.2

In the presence of the Customer’s consent, the personal data of the same will be used to allow Testa Caffè to carry out information activities regarding particular news, product offers or promotional initiatives, including by e-mail or text message.

Reference, interpretation, prevalence, law and forum

16.1

For anything not specifically provided for in these General Conditions, reference is made to the discipline contained in the Consumer Code, as well as from time to time possibly amended, supplemented or replaced and, subordinately, to that of the Civil Code.

16.2

The reference to a precise time limit present in the General Conditions will be considered from time to time as replaced by that term of best guarantee for the Customer that the Consumer Code must foresee in the future and must therefore be interpreted, understood and read in this way.

16.3

In the event of a conflict, the provisions of the Consumer Code will prevail over those of the Civil Code and, without prejudice to the provisions of point 15.2, those of the General Conditions over those of the Consumer Code, as derogations may be made.

16.4

Italian law applies.

16.5

For any dispute relating to the interpretation and execution of the provisions of these General Conditions of Sale, as well as for contractual and pre-contractual relationships and / or termination, withdrawal and in any case anything else that may have cause and origin from the relationship generated between Customer and Testa Caffè through the Site is elected the exclusive jurisdiction of the Court of Turin.

Communications, contacts

17.1

Unless otherwise specified in these General Conditions, communications must be sent to the electronic address info@caffetesta.it
For further information and assistance on the Site or on how to purchase online, Testa Caffè offers the following contact addresses: TESTA CAFFÈ SRL  Corso Firenze 11 – Mondovì (CN).

Information regarding the online resolution of disputes pursuant to Art. 14 Par. 1 of the ODR (Online Dispute Resolution Regulation):

The European Commission grants consumers the possibility to resolve disputes online, pursuant to Art. 14 Par. 1 of the Online Dispute Resolution (ODR) on one of its platforms. The platform (http://ec.europa.eu/consumers/odr) serves as a place where consumers can try to reach out-of-court settlements on disputes arising from online purchases and service contracts.