(in compliance with Paragraph I, Title 3, Part 3, of Italian Law dated 
206/2005 and subsequent integrations and modifications)

1. INTRODUCTION AND EFFECTIVENESS OF THE GENERAL TERMS AND CONDITIONS



These general terms and conditions of sale (hereinafter, “General Terms 
and Conditions”) apply to the sale of products and services through the 
website https://www.gardellicoffee.com and any other subdomain and/or 
subdirectory (hereinafter, the Website) under the Italian law known as 
“Consumer Code”).


The seller of the products and the owner of the Website is GARDELLI 
SPECIALTY COFFEES s.r.l., with registered office in 47032 Bertinoro 
(FC), Italy (hereinafter “GSC”).


The customer who uses this Website to purchase products or services 
(hereinafter “Customer”) before sending the order shall carefully read 
these General Terms and Conditions which will be accessible at any time 
by the same Customer, also through the link included in the confirmation 
email of each order to enable their reproduction and storing.


If the Customer requires the issuance of an invoice and/or in any case 
he/she is not a “consumer or user” as defined by the Consumer Code, the 
cancellation rights pursuant to Articles 7 and 8 of these General Terms 
and Conditions shall not apply, as well as the provisions that under the 
Consumer Code apply only to “consumers”.


The agreement entered into with GSC through this Website is governed by 
these General Terms and Conditions in accordance with the Italian law. 
English is the language used to enter into the agreement.



2. CHOOSING AND ORDERING THE PRODUCTS



The features and the price of the products or services sold on the 
Website (hereinafter, “Product” or “Products”) are shown on the page 
relevant to each Product.


To purchase the Products the Customer shall fill in and send an order 
form in electronic format, following the instructions on the Website. 
The Customer shall add each Product to an electronic “Basket” and, after 
reading and confirming the acceptance of General Terms and Conditions 
and Privacy Policy, s/he shall insert shipping and billing data (if 
any), select the desired method of payment and confirm the order.


By submitting an order from the Website, which has the value of a 
contractual offer, the Customer acknowledges and declares to have read 
all the information provided during the purchase procedure and to fully 
accept these General Terms and Conditions and the applicable terms of 
payment.


The agreement entered into between GSC and the Customer shall be 
considered as concluded once GSC has accepted the order. Such acceptance 
is communicated to the Customer via an order confirmation sent over 
email to the Customer’s designated address containing the wording “Order 
Confirmation”, a reference to these General Terms and Conditions, the 
order number, the shipping and billing data, the list of ordered 
Products with their essential characteristics and the total price, 
including delivery charges but excluding any import taxes or duties, 
that shall be paid in full by the Customer. The Customer shall check the 
confirmation email and if he/she finds mistakes in the order, he/she 
shall have 12 hours from the receipt of such email to contact the 
Customer Service directly from the Website using the special contact 
form, accessible in the section “Contact”. After this deadline, the 
order shall be processed and further changes will no longer be accepted, 
without prejudice to the Customer’s rights under section 7 below.


For avoidance of doubts, any emails sent by GSC to the Customer shall 
not be deemed as order acceptance confirmations unless they contain the 
wording “Order Confirmation”.


Once the order has been received, GSC shall check the availability of 
the stocks necessary to fulfil of the order. In the event that one or 
more of the Products are not available, the Customer Service of GSC 
shall timely send an email to the Customer who, within the next 12 
hours, will have the right to reply in order to confirm the shipment of 
the Products available or cancel the order. If the Customer does not 
reply within this time limit, the order shall be considered as confirmed 
and the available Products shall be shipped. In this case the full 
amount relating to missing Products shall be reversed or, depending on 
the chosen payment method, not charged to the Customer. The Customer 
shall be charged for a shipping cost normally charged for the Products 
actually shipped and reimbursed for the excess paid if any.



3. PRODUCT INFORMATION



The Products information and features are available, with their related 
Product codes, on the Website.
The graphic representation of the Products on the Website, if available, 
normally corresponds to the photographic image shown together with the 
product description. It is understood that each image of each Product 
has the sole purpose of presenting the Product for sale, may not be 
perfectly representative of their characteristics and qualities, and may 
differ from the actual Products for characteristics such as, but not 
limited to, colour and/or size. In case of a difference between the 
image(s) and the Product description, the description shall prevail.



4. PRICES AND SHIPPING



Product prices are inclusive of all taxes and fees due to the Italian 
State. Product prices are not inclusive of Import Fees, if any. Those 
Products for shipment to countries outside of the European Union may in 
fact be subject to taxes, customs duties and fees levied by the 
destination country (“Import Fees”). The recipient of the shipment is 
the importer of record in the destination country and is fully 
responsible for all Import Fees. For the avoidance of any doubts, in no 
case GSC shall not be deemed as responsible for the payment of the 
Import Fees.



5. PAYMENT AND BILLING





5.1 PAYMENT METHODS



The Customer may pay the price of the Products and their delivery costs 
by Credit Card or PayPal.



CREDIT CARD

The circuits on which it is possible to buy on the Website are:

Visa
MasterCard
American Express
In order to guarantee the maximum security, the Website checkout process 
has been designed in such a way that the Customer shall carry out the 
payment transaction directly on the Online Payment Service Provider 
secure server. Starting from 1/11/2014, the Online Payment Service 
Provider used by GSC to process the payments on the website is Stripe 
Inc., whose Terms and Conditions are reported under 
http://stripe.com/it/terms and are deemed as read, understood and 
accepted by the Customer as integral part of GSC Terms and Conditions.
The Website does not store any Customer’s credit card number. The 
Payment Service Provider uses the SSL protocol to encrypt the 
transmitted data between its server and the Customer’s browser. The 
Payment Service Provider is certified PCI level 1.



PAYPAL

Once the order is confirmed, the Customer shall be redirected to 
PayPal’s website where he/she may carry out the payment with his/her 
account or by using an accepted card or in any other manner accepted by 
PayPal and in compliance with the PayPal relevant Terms & Conditions.



5.2 ORDER INVOICING



If the purchase is made by a professional it shall be possible to 
request the issuance of the invoice by sending a request to 
support@gardellicoffee.com within 12 hours from the purchase. In that 
case, the invoice shall be sent by email to the designated email 
address. The professional is responsible for the proper entry of the 
billing data and he/she is expressly informed that if no invoice request 
is carried within 12 hours from the order, it may not be requested at a 
later stage.



6. TRANSPORT AND DELIVERY



Products purchased on this Website shall be delivered to the address 
indicated by the Customer during the purchase procedure in the field 
“Shipping Information”.


All purchases shall be delivered by courier (hereinafter, “Courier”) 
from Monday to Friday, except public holidays and national holidays. GSC 
is not responsible for unforeseeable delays or those which are not 
attributable to GSC. Once the Products are shipped, the Customer shall 
receive a confirmation email, which may include a link to track the 
shipment.


Without prejudice to cases of force majeure or delays not attributable 
to GSC, the ordered Products shall be shipped within a period of 10 
(fifteen) working days from the day following the day in which GSC 
confirmed the order to the Customer through a specific order 
confirmation email.


The delivery to the Customer’s designated address depends on the country 
of destination, on the Courier standard delivery time and on the country 
specific time to clear the import duties, if any. Therefore GSC does not 
guarantee a country specific delivery lead time and shall not be deemed 
responsible for any delays once the shipment has been taken charge by 
the Courier.



7. CANCELLATION RIGHTS



The Customer is entitled to cancel his/her order for any reason, without 
explanation and without any penalty excluding the handling fee from the 
payment gateway, except for the cases in which the cancellation right is 
excluded under paragraph IV below. In order to exercise this right, the 
Customer shall send a written notice to GSC within 14 days from the date 
of receipt of the Products or, if s/he intends to exercise the right of 
cancellation before having received the Products, the notice of 
cancellation shall be sent at any time prior to their receipt. Such 
notice shall be anticipated over email to support@gardellicoffee.com and 
sent by registered letter with a return receipt, addressed:

Gardelli Specialty Coffees s.r.l.
Att. Returns and Refunds
Via Grande 260
47032 Bertinoro
Italy

Upon receipt of the notice GSC Customer Service shall open a file for 
the management of the returned Products and communicate to the Customer 
the instructions relevant to the return of the Products.
The right of cancellation is subject to the following conditions:

The right applies to a product purchased in its entirety; therefore, if the product
is composed of multiple components or parts the cancellation may not be exercised
only on a part of the purchased product. 

In case of exercise of the right of cancellation, GSC shall refund the customer the
full amount of the returned products, including the shipping expenses paid by the
customer to GSC, if any, within 14 days from the date in which the notice of
cancellation was received, without prejudice to the right of GSC to suspend the
payment of the reimbursement until the actual receipt of the products.
The reimbursement shall be carried out using the same payment method used by
the customer, unless he/she has specifically requested a different method.
The customer shall not be reimbursed for the shipping expenses related to the
return of the product(s). In order to guarantee the return of the products pursuant
to article 8 below, the products shall be packaged in the same box in which they
were received. In addition to the cases indicated in article 1 above (customer not
consumer, and/or requiring the invoice), the right of cancellation is explicitly
excluded in the following cases:

orders of made to order, or clearly personalised, Products;

order of Products which are likely to deteriorate or expire rapidly;
order of sealed Products which are not suitable to be returned for 
hygienic reasons or connected to the protection of health or that were 
opened after the delivery.
With reference to the above cases where the cancellation right is 
excluded, the Customer is aware and agrees that the categories above 
include the roasted and green coffees, either whole beans or ground, in 
any format or package. The features and qualities of these types of 
Products are in fact subject to change even as a result of improper 
storage and, in case of roasted coffees, are made (roasted) upon 
specific order of the Customer. Therefore, for reasons of hygiene and 
for the protection of Customers, the right of withdrawal applies only to 
Products purchased on the Website that may be returned to GSC and 
re-marketed by GSC without any danger to the health of the consumers 
(such as, but not limited to, gadgets, tools, utensils, etc.).


In the cases of exclusion of the right of withdrawal, GSC shall return 
the purchased Products to the Customer, charging the shipping costs to 
him/her.



9. WARRANTY AND LACK OF CONFORMITY



In case of lack of conformity of the Products sold by GSC, the Customer 
shall immediately contact the Customer Service using the appropriate 
contact form accessible on the Website under the “Contact” section.
The sale of Products shall be subject to the legal warranties provided 
in the Consumer Code. The Customer is entitled, at his/her option and to 
the extent that the type of the Product permits so, to a free of charge 
restoration of the Product’s conformity by repair or replacement, or to 
an appropriate reduction of the price, or to the termination of the 
agreement. The Customer loses these rights if he/she does not report the 
lack of conformity to GSC within one month from the date in which he/she 
discovered the defect, unless the Product by its nature is perishable or 
subject to expire in a shorter term, in which case the defect shall be 
reported within that reduced time. For avoidance of any doubts, the lack 
of conformity of Roasted Coffee shall be reported within 1 (one) week 
from the date of receipt.



10. ERRORS AND LIMITS OF LIABILITY



Information relating to the Products provided through the Website are 
constantly updated. However, it is not possible to guarantee the 
complete absence of errors of which GSC may not be held responsible, 
without prejudice to cases of wilful misconduct or gross negligence.


GSC reserves the right to correct any errors, inaccuracies or omissions 
also after an order has been sent, or to change or update information at 
any time without prior notice, without prejudice to the rights of the 
Customer under these General Terms and Conditions and the Consumer Code.


Without prejudice to cases of wilful misconduct or gross negligence, 
every Customer’s right to compensation for damages or to the recognition 
of an indemnity is excluded, as well as any liability in contract or 
tortious liability for direct or consequential damages to persons and/or 
things, caused by the lack of acceptance or even partial fulfilment of 
an order.



11. COMPLAINTS



Any complaint shall be forwarded to GSC using the appropriate contact 
form accessible on the Website in the “Contact” section, or by sending a 
registered mail to:

Gardelli Specialty Coffees s.r.l.
Via Grande 260
47032 Bertinoro
Italy

GSC is committed to reply to all requests received within a maximum of 
10 working days.



12. APPLICABLE LAW AND JURISDICTION



The sale agreement between the Customer and GSC is governed by Italian 
law, without prejudice for the mandatory provisions of English law. For 
the resolution of disputes concerning the interpretation, execution or 
termination of these General Terms and Conditions or individual purchase 
orders if the Customer is a consumer within the meaning of the Consumer 
Code, the Court of his/her place of residence or domicile shall have 
exclusive jurisdiction. Without any prejudice to the Court of 
jurisdiction and the Consumer Code, the customer explicitly agrees that 
the Italian shall be the language for the arbitration. In all other 
cases, the territorial jurisdiction is exclusively that of the Court of 
Forlì, excluding any other competent court. The application of the 
United Nations Convention on Contracts for the International Sale of 
Goods is explicitly excluded.