Terms of sale
Caffè Mauro S.p.A. with registered office in Zona Industriale, 89018 – Villa San Giovanni (RC), Tax Code, VAT no. and registration number in the register of companies held by the Chamber of Commerce of Reggio Calabria 00090620808, registered in the Economic and Administrative Repertory under no. RC-44427, Share Capital Euro 100,000.00, e-mail email@example.com, certified email firstname.lastname@example.org , tel.+39.0965.3333, fax +39.0965.757000, (the “Seller”) invites each user to carefully read these general terms and conditions of sale before completing any purchase through www.caffemauro.com (the “Website”) and, after completing said transaction, to print them or save a copy in digital form.
The products distributed by Caffè Mauro through the Website consist, in particular, of coffee, coffee-based products, and other goods – such as cups, mugs, thermos flasks, ceramic or steel containers and coffee machines – bearing one or more trademarks owned by Caffè Mauro or licensed to it and generally intended for the use of coffee.
Terms and conditions for the purchase of products offered by Caffè Mauro through the Website are governed by these general conditions of sale (the “General Terms and Conditions”), supplemented, where the characteristics of the product chosen make it necessary, by specific provisions and technical instructions indicated on the Website on a case by case basis (the “Special Terms and Conditions”). Every provision of these General Terms and Conditions is to be understood as also applicable to the Special Terms and Conditions unless the Special Terms and Conditions state otherwise.
The products are offered to both “consumers” and other users. By “consumers” we mean those persons who purchase the products for purposes unrelated to any entrepreneurial or professional activity carried out by them, in compliance with the provisions of Legislative Decree of 6 September 2005 (the “Consumer Code”).
For the purposes of these Terms and Conditions, someone who enters their VAT number in the data entry form when purchasing a product is not considered a consumer.
Caffè Mauro reserves the right to change the General Terms and Conditions and the Special Terms and Conditions without prior notice. These changes will be effective from the day of their publication on the Website. The General Terms and Conditions or Special Terms and Conditions in force at the time of receipt of the order will be applied to purchase orders submitted to Caffè Mauro before the publication of the aforementioned changes.
1. Applicability of the General Terms and Conditions of Sale
1.1 These General Terms and Conditions of Sale govern the offer and sale of products by the Seller through the Website. The Seller offers products for sale on the Website and carries out its e-commerce activity exclusively with regard to its end users (the “User”). Only natural persons aged eighteen or over may purchase products on the Website.
1.2 These General Terms and Conditions of Sale govern only the offer, delivery and acceptance of orders between the Seller and users purchasing products on the Website.
2. How to enter into an agreement with the Seller
2.1 In order to make purchases on the Website, it is necessary to create an account by entering the required registration data and clicking on the “Create” button in the “Account/Sign Up” section. The User may also create an account during the checkout procedure, before submitting the order to the Seller. It is also possible to make a purchase without creating an account using the express checkout through Shopify Payments and PayPal.
2.2 To finalise the agreement for the purchase of one or more products on the Website (the “Agreement”), the User must fill in the electronic order form and submit it to the Seller online, following the instructions given. The User may identify and correct any errors or make changes to the order before submitting it, following the instructions on the Website.
2.3 The publication of the products and services displayed on the Website does not constitute a contractual proposal by the Seller, but merely an invitation to submit an order. It is the order submitted by the User to the Seller that constitutes a contractual proposal to purchase.
2.4 By submitting the order, the User confirms that they have read, understood and fully accepted these General Terms and Conditions of Sale.
2.5 The Agreement shall be considered completed when the User receives an e-mail confirming the acceptance and processing of the order by the Seller. This email includes i) a summary of the general and special terms and conditions applicable to the Agreement, ii) details of the key features of the products purchased, iii) a detailed indication of the price, the payment method used, delivery charges and any additional costs, iv) information on the right of withdrawal and, in particular, at the bottom of the aforementioned email, instructions on standard withdrawal and the Seller’s standard withdrawal form, as referred to in article 7 hereunder.
2.6 An order summary will be filed in the Seller’s database for the period of time necessary to process the order, which shall be within the terms of the law. The User may view the summary of their orders, using their credentials to access the reserved area.
2.7 If the products presented on the Website are no longer available at the time the order form is sent, the Seller shall promptly inform the User of the unavailability of the products ordered and the consequent non-acceptance by the Seller, within thirty (30) days of the day after the User submits the order to the Seller. If the order form has been sent and the price has been paid, the Seller shall refund the amount paid in advance by the User within a maximum of fourteen (14) days of the date the order was sent, notifying the User by e-mail.
2.8 By submitting the order form electronically, the User declares that they have read and accepted these General Terms and Conditions of Sale and undertakes to observe them in their relations with the Seller. If the User does not agree with certain terms set out in the General Terms and Conditions of Sale, they are invited not to submit the order form for the purchase of products on the Website.
3. Guarantees and indication of product prices
3.1 The key features of the products are presented on the Website on each product sheet. The images and colours of the products offered for sale on the Website may, however, not correspond to reality as they are published for illustrative purposes only and may be affected by the web browser or monitor used.
3.2 The Seller offers the products described in the product sheets containing all the key features for sale on the Website. The products sold are original products, with quality standards corresponding to those of the market, bearing the trademarks owned by or licensed to Caffè Mauro.
3.3 The prices of the products may vary. The User is responsible for checking the final price of sale before submitting the order form. The price charged to the User will be the price indicated on the Website at the time the order is placed and no account will be taken of any increases or reductions after the order has been placed.
3.4 The Seller sells and ships products to all EU countries, unless otherwise indicated on the Website during the check-out procedure. Purchase requests from EU Member States other than Italy will be accepted in compliance with Regulation (EU) 2018/302, in which case the user shall be responsible for agreeing the delivery methods for the product with the Seller.
4.1 All the prices of the products published on the Website are quoted in Euros and are inclusive of Value Added Tax but do not include shipping costs, which are indicated separately.
4.2 Payment of the price of the products and the relative shipping costs can be made using one of the methods indicated in the order form.
4.3 In the event of payment by credit card, the financial information (e.g.: the credit/debit card number or the date of its expiry) will be forwarded via a secure banking circuit to a remote electronic payment service provider, without being accessible in any way to the Seller or third parties. This information will never be used by the Seller, other than to complete the purchase transactions and in the event of a refund of the amount paid by the User if the latter exercises the right of withdrawal, or if it is necessary to prevent the commission of fraud through the Website or report it to the police.
4.4 The price for the purchase of products and shipping costs, as indicated on the order form, will be charged to the User’s bank account at the time of confirmation of the order as stated in article 2.5 above.
4.5 Shipping costs vary depending on the weight of the products ordered and the destination of the shipment.
5. Shipping and delivery of the products
Each product sheet shows the estimated delivery time. For further details on product shipping and delivery methods, please contact our Customer Service at the addresses indicated in article 6 hereunder.
6. Customer service
You may request further information from the Seller by e-mail at email@example.com or by calling +39 0965-3333.
7. Right of withdrawal
7.1 Users with the status of consumer – i.e. users who make purchases on the Website for purposes unrelated to their business, trade, commercial or professional activity – have the right to withdraw from the agreement entered into with the Seller, without incurring any penalty and without specifying the reason, within 14 days (fourteen) commencing:
a) in the case of an order relating to a single product, from the day on which the user or a third party, other than the carrier and designated by the user, takes physical possession of the product;
b) in the case of a multiple order with separate deliveries, from the day on which the user or a third party, other than the carrier and designated by the user, takes physical possession of the last product; or
c) in the case of an order consisting of multiple pieces or batches, from the day on which the user or a third party, other than the carrier and designated by the user, takes physical possession of the last piece or batch.
7.2 To exercise the right of withdrawal, it is necessary to inform the Seller of the intention to withdraw. To this end, you may: (i) use the standard form found in the “Right of Withdrawal” section in the footer of the Website and at the bottom of the order confirmation e-mail, or (ii) submit any other explicit statement of the decision to withdraw, also using the contact details indicated in article 6 above. The form and declaration shall contain at least the following information: the order number, the product(s) purchased, your personal details and your address.
7.3 In the event of withdrawal, the user must return the Products to the Seller, using a carrier of their choice and at their own expense, without undue delay, within fourteen calendar days of the date on which they informed the Seller of their decision to withdraw. The term is respected if the user returns the Products before the expiry of the fourteen-day period. The properly protected and packaged Product must be sent to the address communicated by the Seller on its personal page.
7.4 If the user withdraws from the agreement, the Seller will refund the total amount paid by the user for the Product, including shipping costs, without undue delay, within fourteen calendar days of the date on which the Seller was informed of the user’s decision to withdraw from the agreement. The refund will be made using the same means of payment used by the buyer for the initial transaction; the user will not incur any costs as a consequence of this refund. Refund may be suspended until receipt of the products or until the user has proven that they have been returned, whichever is earlier.
7.4 The only costs to be borne by the user are those for returning the products purchased.
7.5 In the event of failure to exercise the right of withdrawal in compliance with the provisions of the applicable legislation, withdrawal will not result in the dissolution of the agreement and will not, therefore, entitle the user to any refund. The Seller shall notify the user of receipt of the product within five business days, rejecting the request for withdrawal. The product shall remain at the Seller’s premises at the user’s disposal for collection, at the user’s care and expense.
7.6 The user is responsible only for the reduction in the value of the goods resulting from handling the product more than is necessary to establish its nature, characteristics and operation. The product must be kept, handled and inspected with due diligence and returned intact, complete with all its parts, functional, accompanied by all the accessories and illustrative sheets, with the labels and disposable seals, where applicable, still attached to the product and undamaged, and must be perfectly suitable for its intended use and free from signs of wear or dirt.
7.7 After returning the products, the Seller will carry out the necessary checks on their compliance with the terms and conditions indicated in article 7 above. If the checks result in a positive outcome, the Seller will send you an e-mail confirming acceptance of the returned products.
7.8 The right of withdrawal is not applicable to custom-made or made-to-measure products, sealed products (such as foodstuffs) that cannot be returned for reasons of hygiene or health protection due to the fact that they have been opened after delivery, and products that are likely to deteriorate or expire quickly. The right of withdrawal is also excluded in the additional cases referred to in article 59 of the Consumer Code. If the right of withdrawal cannot be applied due to one of the cases envisaged by law, this shall be specifically and expressly indicated on the product sheet and during the purchase process, before the user submits the order.
8.1 The Seller guarantees the quality of coffee and other foodstuffs against all material and manufacturing defects until the expiry date indicated on the product, on condition that its handling and use are compliant with the instructions, labels and other documentation supplied by Caffè Mauro. It is understood that, once opened, foodstuffs must be consumed by the date indicated on the label.
8.2 Notwithstanding the contents of article 8.1, all products sold through the Website are covered by the legal guarantee of conformity envisaged by articles 128 et seq. of the Consumer Code (the “Legal Warranty”). The Legal Warranty is reserved for consumers. Consequently, it applies only to users who have made a purchase on the Website for purposes unrelated to their business, trade, commercial or professional activity. Those who have purchased from the Website and who are not consumers shall be protected by the guarantees against defects of the goods sold, the guarantee against failure to deliver the promised and essential qualities and all other warranties envisaged by the Italian Civil Code, with the corresponding terms, forfeiture and limitations.
8.3 The Seller shall be accountable to the user for any lack of conformity that exists at the time of delivery of the product and becomes evident within 2 (two) years of said delivery. Failures or malfunctions caused by accidental events, wear and tear, user responsibility or use of the product for anything other than the use for which it is intended and/or as envisaged in the technical documentation enclosed with the product are excluded from the scope of application of the Legal Warranty. Unless proven otherwise, defects of conformity that become evident within one (1) year of delivery of the product shall be assumed to have existed on that date, unless this assumption is incompatible with the nature of the product or the nature of the defect. From the thirteenth month following delivery of the product, the consumer shall bear the burden of proving that the lack of conformity already existed at the time of delivery.
8.4 There is a lack of conformity when the product purchased by the consumer:
- is not suitable for the purposes for which goods of this type are normally used;
- does not conform to the description provided by the seller and to the contractual type, quantity and quality, or does not possess the functionality, compatibility, interoperability and other features as stipulated in the sales agreement entered into with the user and usually present in goods of this type and which can be reasonably expected by the user, also taking into account the nature of the product and public statements made by the seller, the manufacturer or other parties in the distribution chain, particularly in advertising or on the label, if the decision to purchase the product was influenced by such a public statement. It is understood that the seller is not bound by public statements, made by the manufacturer or third parties, of which they were unaware and which they could not have known using ordinary diligence before entering into the sales agreement;
- does not possess the qualities or does not correspond to the description of a sample or model that the seller presented to the consumer before entering into the sales agreement;
- is not fit for the particular purpose for which the consumer purchased it, which was brought to the seller’s attention by the consumer at the time of entry into the agreement at the latest and was accepted by the seller;
- is not supplied with all the accessories, including packaging, instructions, including those concerning installation, envisaged by the sales agreement and which the consumer can reasonably expect to receive.
8.5 In the event of a lack of conformity, the user is entitled to have the goods repaired or replaced free of charge, as they choose, unless the remedy requested is impossible or imposes disproportionate costs on the Seller in comparison to the other remedy. The remedy requested is considered as disproportionately expensive if it imposes unreasonable costs on the seller in comparison with alternative remedies which may be available, taking into account: (i) the value that the product would have if there were no defect in conformity; (ii) the extent of the defect in conformity; (iii) the possibility that the alternative remedy can be offered without significant inconvenience to the user.
8.6 If repair or replacement is impossible or would impose disproportionate costs on the seller, if repair or replacement is not carried out within a reasonable period of time, if a defect in conformity becomes evident despite the seller’s attempt to restore conformity, or if the defect in conformity is so severe as to justify an immediate reduction in price or termination of the agreement, the user is entitled to a reduction in price or termination of the agreement. The user is not entitled to terminate the agreement if the defect in conformity is only slight.
8.7 The User may contact the customer service at the contact details given above to exercise their rights. The Seller shall promptly acknowledge the communication of the alleged defect in conformity and shall inform the User of the specific procedure to be followed.
8.8 If it is necessary to remedy a defect in conformity by repairing or replacing the product, the User is obliged to place the product at the disposal of the Seller, who will collect it at their own expense. If, on the other hand, the user has requested a price reduction, the reduction shall be proportional to the reduction in value of the product received by the consumer compared to the value it would have had if it had been conform. The user may exercise the right to terminate the agreement in the aforementioned cases or in the other cases envisaged by the legislation in force, issuing a statement to the seller, at the addresses indicated above, containing the intention to terminate the agreement.
8.9 If the defect in conformity concerns only some of the products delivered in compliance with the sales agreement, the consumer may terminate the agreement only with regard to the non-conform products. The agreement may also be terminated with regard to the products purchased together with the non-conform products, only if it is not reasonably likely that the consumer will have an interest in keeping the non-defective products.
8.10 Upon termination of the sales agreement, the consumer must return the product to the seller, at the latter’s expense, at the following address: Facileweb S.r.L. – Via Boscofangone n.3 – 80035 Nola (NA).
8.11 In the event of termination of the agreement, the Seller shall refund the price paid for the product upon receipt of the goods or of evidence from the user that the latter has returned or shipped the product.
9.2 The User is invited to read the General Terms and Conditions of Use, which contain important information on the operation of the Website and on the computer and security systems adopted.
10. Applicable law and settlement of disputes
10.1 The General Terms and Conditions of Sale are governed by Italian law and particularly by Legislative Decree 206 of 6 September 2005, as amended and supplemented (“Consumer Code”), with specific reference to the regulations on remote agreements, and by Legislative Decree 70 of 9 April 2003 concerning certain aspects of electronic commerce, and subsequent amendments.
10.2 The General Terms and Conditions of Sale are subject to Italian jurisdiction. The Court of Reggio Calabria shall hold sole jurisdiction over any dispute arising or originating from the General Terms and Conditions of Sale, subject to the provisions of article 10.3 hereunder.
10.3 Please note that, if the user is a consumer, any dispute relating to the application, implementation and interpretation of the General Terms and Conditions of Sale shall be settled by the Court of the place where the user resides or has elected domicile.
10.4 In the event of disputes between the Seller and a consumer, arising or originating from the General Terms and Conditions of Sale, the full adhesion and acceptance of the conciliation service of Milan Chamber of Arbitration is hereby guaranteed. This is an independent and institutional service, supplied by the Chamber of Arbitration of Milan Chamber of Commerce, which allows the parties to reach a satisfactory agreement, with the help of a neutral and competent conciliator, in a safe and amicable manner, online. For more information on the regulations or to send a request for conciliation, visit https://www.camera-arbitrale.it/it/mediazione/index.php?id=29 .
10.5 If the user is a consumer and if the legal requirements are met, they may also have recourse to the alternative dispute resolution bodies pursuant to articles 141-ter and 141-decies of the Consumer Code.
10.6 The Seller also informs the user who qualifies as a consumer pursuant to article 3, paragraph 1, letter a) of the Consumer Code that a European platform for the online resolution of disputes with consumers (the ODR platform) has been set up pursuant to Regulation (EU) 2013/524. The ODR platform can be consulted at http://ec.europa.eu/consumers/odr/. The consumer can use the ODR platform to consult the list of ADR bodies, find the link to the website of each one and initiate an online dispute resolution procedure.
10.7 Users residing in a Member State of the European Union other than Italy may also have access, for any dispute relating to the application, implementation and interpretation of these General Terms and Conditions of Sale, to the European Small Claims Procedure established by Regulation (EC) 861/2007 of the European Parliament and of the Council of 11 July 2007, as long as the value of the dispute does not exceed Euro 5,000.00, excluding interest, fees and expenses. The regulation can be found at www.eur-lex.europa.eu.
11. Amendment and update
The General Terms and Conditions of Sale are made available to the User and can be accessed at any time through the “General Terms and Conditions of Sale” section in the footer of the Website. Any amendments and/or additions shall come into force at the time of their publication in this section. Users are therefore invited to check this section regularly and to consult, download and save the most up-to-date version of the General Terms and Conditions of Sale before making any purchase.