(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 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 us within 12 hours from the purchase. To send a request for order invoicing please visit our Contact Us page and fill the form, including the order number:
https://shop.gardellicoffee.com/contact-us
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 given through the the appropriate contact form accessible on the Website under the “Contact Us” section 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.
8. 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, subject to his/her choice and to the extent that the type of the Product permits so, to a restoration of the Product’s conformity by repair or replacement, free of charge, or to an appropriate reduction of the price, or to the termination of the agreement.
Damage to the original seal of the products resulting from the control that the customs authorities are authorised to perform by law shall not be regarded to constitute lack of conformity or a defect.
The Customer loses these rights if he/she does not report the lack of conformity to GSC within seven calendar days from the delivery of the order by the courier, 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.
9. 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.
10. 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.
11. 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.