Terms of service
TERMS AND CONDITIONS OF SERVICE
These conditions are valid exclusively between the company Iaquinta S.r.l., with registered office in Via Savelli snc, 87055 - San Giovanni in Fiore (CS)VAT 03570110787, hereinafter referred to as 'IAQUINTA', and any person who makes online purchases on the caffeiaquinta.shop website referred to below as 'CUSTOMER'. These conditions may be subject to change and the date of publication thereof on the website shall be the date of entry into force.
These conditions govern purchases made on the caffeiaquinta.shop website, in accordance with the provisions of Part III, Title III, Chapter I, of the Consumer Code, D.lgs. n. 206/2005, as amended by D.lgs. n. 21/2014 and D.lgs. 70/2003 on electronic commerce.
ARTICLE 1 - SUBJECT MATTER OF THE CONTRACT
With the present general conditions of sale, IAQUINTA sells and the CUSTOMER buys at a distance the movable material goods indicated and offered for sale on the caffeiaquinta.shop website . The contract is concluded exclusively through the internet network, through the access of the CUSTOMER to the address caffeiaquinta.shop and the realization of a purchase order according to the procedure provided by the site itself.
The customer undertakes to review, before proceeding to the confirmation of his order, these general conditions of sale, in particular the pre-contractual information provided by IAQUINTA and to accept them by conclusion of the above order.
In the order confirmation email, the CUSTOMER will also receive the link to download and store a copy of these general conditions of sale, as provided by art. 51 paragraph 1 of Legislative Decree 206/2005, as amended by Legislative Decree 21/2014.
ARTICLE 2 - PRE-CONTRACTUAL INFORMATION FOR THE CONSUMER - art. 49 of Legislative Decree 206/2005
The CUSTOMER before the conclusion of the purchase contract, takes note of the characteristics of the goods that are illustrated in the individual product sheets at the time of the choice by the CUSTOMER.
Before the validation of the order with "payment obligation", the CUSTOMER is informed about:
- total price of goods including taxes, with details of shipping costs and any other costs;
- method of payment;
- the period within which the IAQUINTA undertakes to deliver the goods;
- conditions, terms and procedures for exercising the right of withdrawal (Art. 6 of these conditions) and type of withdrawal form set out in Annex I, Part B of Legislative Decree 21/2014;
- information that the CUSTOMER must bear the cost of returning the goods in the event of withdrawal;
- existence of the legal guarantee of conformity for the goods purchased.
The CUSTOMER may at any time and in any case before the conclusion of the contract, take notice of the information relating to IAQUINTA, the geographical address, telephone number, e-mail address, information that are reported, also below:
registered office Via Savelli snc - 87055 - San Giovanni in Fiore (CS)
ARTICLE 3 - Conclusion and effectiveness of the contract
The sales contract is considered concluded with the sending by IAQUINTA to the CUSTOMER of an e-mail confirming the order. The e-mail contains the CUSTOMER’s data and the order number, the price of the goods purchased, the shipping costs and the delivery address to which the goods will be sent and the link to print and store the copy of these conditions.
The CUSTOMER undertakes to verify the correctness of the personal data contained in the above email and to promptly notify IAQUINTA of any corrections/changes to be made.
IAQUINTA undertakes to describe and present the items sold on the site in the best possible way. Nevertheless, some errors, inaccuracies or small differences between the product depicted in the site and the real product could be highlighted. In addition, the photographs of the products on the site are not contractual, as they are only representative.
IAQUINTA undertakes to deliver the goods no later than 30 days from the sending by IAQUINTA itself of the order confirmation e-mail to the CUSTOMER.
ARTICLE 4 - Availability of products
The availability of the products refers to the actual availability when the CUSTOMER places the order. This availability must however be considered purely indicative as:
- the products may be sold to other customers prior to the order confirmation, as a result of the simultaneous presence on the site of several users,
- there may be a computer anomaly that makes a product available which is not.
Even after sending the order confirmation email sent by IAQUINTA, there may be cases of partial or total unavailability of the goods. In this case, the order will be rectified automatically with the elimination of the product or products not available and the CUSTOMER will be immediately informed via and-mail; with this e-mail the customer will also be informed of the methods and timing of reimbursement of any sums paid.
ARTICLE 5 - Method of payment
Any payment by the CUSTOMER can only be made by means of the credit cards indicated on the caffeiaquinta.shop website, by bank transfer, with Paypal payment method or other possible payment method specifically indicated on the site.
In case of payment by credit card, the actual amount of the order will be charged only when the order is complete and ready for shipment.
In case of payment with Paypal, the actual charge will be made at the time of sending by IAQUINTA of the order confirmation email.
Payments can be made using the Gift Card and Loyalty Voucher.
The communications related to the payment and the data communicated by the CUSTOMER when this is done take place on special protected lines. The security of payment by credit card is guaranteed by VBV (Verified by VISA) and SCM (Security Code Mastercard) certification.
ARTICLE 6 - Prices
All sales prices of the products indicated on the caffeiaquinta.shop website are expressed in Euro and include VAT.
Shipping costs are not included in the purchase price, but are indicated and calculated at the end of the purchase process before payment is made.
The CUSTOMER accepts the right of IAQUINTA to change its prices at any time, however the goods will be invoiced on the basis of the prices indicated on the site at the time of the order and indicated in the confirmation email sent by IAQUINTA to the CUSTOMER.
In the event of an IT, manual, technical or any other error which could lead to a substantial change, not foreseen by IAQUINTA, in the retail price, which would make it exorbitant or clearly derisory, the purchase order will be considered invalid and cancelled and the amount paid by the CUSTOMER will be refunded within 14 days. Since the day of the annulment.
ARTICLE 7 - Right of withdrawal
In accordance with the legal provisions in force, the CUSTOMER has the right to withdraw from the purchase without any penalty and without specifying the reason, within 14 days from the date of receipt of the products.
In case of multiple purchases made by the CUSTOMER with a single order and delivered separately, the deadline of 14 days. shall run from the date of receipt of the last product.
The CUSTOMER who intends to exercise the right of withdrawal must notify IAQUINTA by means of an explicit declaration, which may be sent by registered mail a.r. or by sending an email to firstname.lastname@example.org containing the duly completed and signed withdrawal form, with the creation of a Return IT application.
The CUSTOMER may exercise the right of withdrawal also by sending any explicit declaration containing the decision to withdraw from the contract or alternatively send the standard withdrawal form, referred to in Annex I, part B , D.Lgs 21/2014 (not mandatory) The text of which is as follows:
Standard withdrawal form pursuant to art. 49, paragraph 1, lett. h)
(complete and return this form only if you wish to withdraw from the contract)
Iaquinta S.r.l. Via Savelli snc, 87055 - San Giovanni in Fiore (CS)
Hereby I/I (*) notify/notify (*) the withdrawal from my/our (*) contract of sale of the following goods/services (*)
- Ordered on (*)/received on (*)
- Name of/consumer(s)
- Consumer/Signature(s) (only if this form is sent in paper form)
(*) Delete where not used.
In case of exercise of the right of withdrawal, the CUSTOMER is required to return the goods within 14 days from the day on which he communicated to IAQUINTA his will to withdraw from the contract pursuant to art. 57 of Legislative Decree 206/2005.
The goods must be returned to IAQUINTA, at the address indicated in the withdrawal form indicated above.
The goods must be returned intact, in the original packaging, complete in all its parts (including packaging and any documentation and accessory equipment) and complete tax documentation attached. Subject to the right to verify compliance with the above and the additional conditions specified in the Refund Policy, IAQUINTA will refund the amount of the products subject to withdrawal within a maximum period of 14 days.
With regard to the return of the returned product, the CUSTOMER acknowledges that the shipping costs will not be refunded and will not be borne by IAQUINTA. *
The customer is also entitled to return the product purchased online at all IAQUINTA stores. In this case, the creation of the online return practice is not necessary and all the costs inherent in the return will be borne by the customer (eg: petrol, etc.).
As provided by art. 56 paragraph 3 of Legislative Decree 206/2005, as amended by Legislative Decree 21/2014, IAQUINTA may suspend the refund until receipt of the goods or until the CUSTOMER has demonstrated that he has returned the goods to IAQUINTA.
IAQUINTA will make the refund using the same means of payment chosen by the CUSTOMER during the purchase. In the case of payment by bank transfer, and if the CUSTOMER intends to exercise his right of withdrawal, he must provide IAQUINTA, by accessing the section contact us, the bank details: IBAN, SWIFT and BIC necessary for making the refund, by IAQUINTA.
*It is understood that in case of product defect the shipping costs will in any case be borne by Iaquinta.
ARTICLE 8 - Legal guarantee of conformity
In case of receipt of defective products or in any case not in conformity with the orders placed, the CUSTOMER is entitled to the restoration of the conformity of the product without charge by replacing the product. The CUSTOMER may exercise this right if the defect occurs within the period of 14 days from the delivery of the product. In order to exercise the above right, the CUSTOMER must proceed to send the withdrawal form indicated in art. 7 of these General Conditions of Sale. IAQUINTA, in case of defective or non-compliant product, will arrange, at its own expense, the replacement of the product, compatible with the availability of the CUSTOMER.
ARTICLE 9 - Method of delivery
IAQUINTA will only accept orders to be delivered in Italy. The products will be delivered by express courier to the address indicated by the CUSTOMER at the time of the order no later than 30 days from the date of receipt by the CUSTOMER of the order confirmation email sent by IAQUINTA.
For each order placed on the caffeiaquinta.shop website, IAQUINTA issues an invoice for the goods shipped. The invoice is available and printable, after completing the order, in the dedicated section on the site. The invoice will contain the information provided by the CUSTOMER during the purchase process. After the invoice is issued, it will not be possible to make any changes to the data indicated in the invoice.
ARTICLE 10 - Liability
IAQUINTA assumes no responsibility for faults due to force majeure or unforeseeable circumstances, even if dependent on malfunctions and disruptions of the internet network, in the event that it fails to execute the order within the time allowed by the contract.
ARTICLE 11 - Access to the site
The CUSTOMER has the right to access the site for consultation and purchase. No other use, in particular commercial use, of the site or its content is permitted. The integrity of the elements of this site, whether sound or visual, and the related technology used remain the property of IAQUINTA and are protected by intellectual property rights.
ARTICLE 12 - Cookies
The caffeiaquinta.shop website uses 'cookies'. Cookies are electronic files that record information about the CUSTOMER’s navigation on the site (pages consulted, date and time of consultation, etc.) and that allow IAQUINTA to offer a personalized service to its customers.
IAQUINTA informs the Customer of the possibility to disable the creation of such files, by accessing its Internet configuration menu. It is understood that this will prevent the Customer from proceeding with the online purchase.
ARTICLE 13 - Partial invalidity
These General Conditions of Sale are constituted by the totality of the clauses that compose them. The invalidity of one or more provisions of these General Conditions of Sale does not result in the invalidity or nullity of the contract as a whole.
ARTICLE 14 - Applicable law and jurisdiction
These General Conditions of Sale are subject to Italian law.
In any case, it is possible to have optional recourse to the mediation procedures referred to in Legislative Decree 28/2010, for the resolution of any disputes arising in the interpretation and execution of these conditions of sale by accessing the following website: https://webgate.ec.europa.eu/odr
All rights reserved
V.1 Last updated, May 2020