Terms of sale
These general sales conditions govern the online purchase made by persons residing in Italy through the site www.etnacaffe.com (below, for brevity, the “Site”) owned by Etna Coffee Ltd.
Value and effectiveness of the general terms of the contract
- These general terms of contract (below the “General Conditions”) govern the relationship, offer and sale of the Products between the User Customer of the Site (below the “Customer” or the “Customers”) and Etna Coffee Srl, based in Adrano (CT), via Paolo VI 46, C.F./P. VAT 05665940879. By filling out the online order on the Website and sending the relevant Confirmation, the Customer declares that he has taken full view and knowledge of the General Terms of The Information provided in this document and all the indications provided during the purchase process, accept them individually and as a whole and to be obliged to observe them. It is the customer’s and careful ness to press and store or, in any case, to archive these General Conditions. Etna Coffee Ltd reserves the right to modify these General Conditions at any time by publishing a new version.
- The online purchase through the Site is made on the basis and in compliance with these General Conditions, and is allowed only and exclusively to customers residing in Italy. The General Conditions apply to purchases made by Italy for products to be delivered in the Italian territory. For the purposes of these General Terms, a customer is defined only as the end consumer, that is, a physical and/or legal person who buys the Products for his own consumption and therefore for purposes that are not instrumental to the business or professional activity that may have been carried out.
- Etna Coffee Ltd makes no obligation to verify the above requirements for the residence of the Customer and the fact that he is a direct consumer, possessing or having the burden of possessing instruments capable of detecting and assessment; The customer, once qualified on the Consumer Website and resident in Italy, therefore assumes any responsibility that may result from the violation of the requirements referred to in the previous paragraph 1.2.
- Etna Coffee Ltd reserves at any time the right to vary the type and products offered on the Site, also in relation to availability. It is not guaranteed the availability of the Products presented on the Site, nor that it is guaranteed that they are on time for delivery, as this depends on the commercial policies of the Manufacturer and the stocks concretely present in stock; products for sale will then be offered within the available stock limits when the relevant purchase order is received. Etna Coffee Srl does not take any responsibility for the case of the non-availability of products that, although present on the Site, were not materially available.
- The Products offered for sale on the Website are those described by the relevant information sheets. The characteristics of the Products, for these meaning volume, size and weight and the performance indicated in the Information Cards, may not be absolute but only highly indicative, suffering from the production processes.
- Product prices are expressed in the Site in euros and include all applicable taxes (the “Prices”). Any delivery charges are excluded.
- Etna Coffee Ltd constantly checks that all prices are correct, but this does not guarantee the absolute absence of any errors. In the event that an error is found in a Price, the Customer will be promptly put in a position to reconfirm the purchase of the Products at the correct price or to cancel it.
How to buy
- The essential features of the Products and the Prices are listed in the offer for each individual Product on the Site.
- The steps for placing the order and to conclude the purchase agreement are clearly highlighted in the sequence of pages of the Site through texts and explanatory graphics. In particular, you should review the withdrawal notice contained in this document.
Conclusion of the contract
- The Agreement between the Customer and Etna Coffee Ltd is understood to be concluded at the time when the order submitted by the Customer is reached at the address indicated in the order by the Customer himself provided that (i) the purchase procedure reported on the Website has been followed, (ii) Etna Coffee Ltd has received appropriate debit authorizations in the manner chosen by the customer for payment and that (iii) has been confirmed the availability of the Product by Etna Coffee Ltd. Etna Coffee Srl does not respond to malfunctions in the data transmission network attributable to the operator.
- Etna Caffèe Srl will send to the Customer, by e-mail, the accounting documents relating to the purchase made
- Etna Coffee Ltd accepts payment only through the following systems:
- Credit card through PayPal’s payment platform. The order amount will only be charged when the order is actually approved.
- PayPal: an online payment system that allows any company or consumer with an email address to send and receive payments after registration. Payment is made through PayPal’s payment platform.
- Flag: By entering the data that will be requested on the appropriate screen. Once this payment method has been accepted and the cost surcharge required there, the contract will be finalized.
Transportation and delivery
- 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 mailboxes.
- For each order placed on the Site, Etna Coffee Ltd. issues the invoice of the goods shipped, sending it by e-mail to the owner of the order, according to D.P.R. 445/2000 and D.L. 52/2004. The information provided by the Customer at the time of the order is fully and definitively made for the issuance of the invoice. No change in the invoice will be possible after the order is submitted.
- Any delivery costs are borne by the customer and are distinctly highlighted in the order form. They may vary depending on the shipping mode chosen and the destination location of the Products as indicated in the Website.
- All purchases will be delivered by an appropriate standing courier (the “Corriere”) in the timing indicated on the Site, timings that have indicative and non-taxing value. Orders will be processed and delivered from Monday to Friday, excluding holidays. Etna Coffee Ltd is also not responsible for unforeseeable delays, but unless the Products are in the case, the Products will be delivered within a maximum period of 10 (ten) working days from the day after the customer sent the order to Etna Coffee Ltd.
- When the courier delivers the goods, the customer is required to check: (i) that the number of packages being delivered corresponds to what is stated in the car letter; (ii) that the packaging is intact, undamaged, or wet or otherwise altered, even in the closing materials. Any damage to the packaging and/or product or the mismatch of the number of packages or indications must be immediately disputed, placing a reserve of written control on the courier’s proof of delivery. Once the Courier’s document has been signed, the Customer will not be able to object to the external characteristics of what is delivered.
- If etna Coffee Srl is unable to deliver the goods ordered as a result of the oversupply, even temporary, of the Products, Etna Coffee Srl will give prompt notice to the customer and in any case no more than 30 (thirty) days from the receipt order, via e-mail. The amount already paid by the Customer will be refunded as soon as possible and in any case no more than 30 (thirty) days after the price paid by the Customer has been credited.
- Etna Coffee Srl will provide the customer, where possible and upon request to be made at the e-mail address: firstname.lastname@example.org the shipping number, which will allow the tracking of the package on the website of the Courier.
- Invoice will be issued for each order. The information provided by the Customer at the time of the order is used to issue the invoice. No change in the invoice will be possible after the issuance of the invoice. When ordering, you must indicate whether the shipping address is different from the billing address.
Return, cancellation of orders and right of withdrawal
- Etna Coffee Ltd intends to ensure the complete satisfaction of the Customer and therefore will refund in full the cost of products that have been returned by the Customer not consumed, generally not used, nor damaged, provided accompanied by the relevant invoice. Refunds will be made in the same payment method as the purchase. The purchased goods can be returned within 10 (ten) days of the date of delivery. Delivery costs will be reimbursed in conjunction with those of purchase of the products.
- The return costs for the return of the Products are borne by the customer as well as any other costs incurred by the customer for the return.
- Etna Coffee Ltd undertakes to refund the customer in a timely manner and in any case no more than 30 (thirty) days from the date of receipt of the cancellation request that accompanies the return of the Product under the previous paragraph 9.1. Etna Coffee Srl will send you an e-mail notification once you have made your refund.
- Products must be returned using only the letter of the car and the courier specified in the form attached to the delivery. Etna Coffee Ltd will not be responsible for those returned products that have been lost, stolen or damaged and will therefore not make refunds or compensation.
- Under art. 64 of D. Lgs. N. 206/2005, you have the right to withdraw from the contract without any penalty and without specifying the reason within the period of 10 (ten) working days from the date of receipt of the Products.
- In order to exercise the right of withdrawal, the Customer must send to the following address, Via Paul VI, 95031 Adrano (CT), a written communication, with a return receipt, containing: the expression of willingness to avail of the right of withdrawal under art. 64 of the Legislative Decree 6 September 2005, No. 206 (the “Consumer Code”), the indication of the Products for which the customer wants to avail of the right of withdrawal, the progressive order number issued at the time of purchase and the data related to the reimbursement methods. The communication can always be sent within that period of 10 (ten) working days also by e-mail to the following address email@example.com provided that it is confirmed by letter recommended with notice of receipt within 48 (forty) hours following.
- The Products purchased on the Site are delivered in boxes as described in the tabs contained on the Site.
Failure to accept an order
- Any right of the client to damages or compensation, as well as any contractual or non-contractual liability for direct or indirect damages to persons and/or things caused by the failure to accept an order by Etna Coffee Srl, is excluded.
- If the purchased product is found to have manufacturing defects and/or been damaged during transport, you may request a replacement of the product within the 10-day mandatory period from receipt by e-mail to firstname.lastname@example.org. The customer is also required to return the defective or damaged product in its original packaging intact in all its parts.
- In the case of a replacement of the product, the shipping costs for the return are borne by Etna Coffee Ltd. The latter will then replace the product with an identical one or, in the event of depletion of stock and after agreement with the customer, with one of equivalent value.
Product Guarantee and Guarantee – Disclaimer
- Etna Coffee Ltd guarantees that the supply of all products is branded Etna Coffee or branded by others as specified on the site: etnacaffe.com
- Etna Coffee Srl sells the original products online bearing the Etnacoffee brand or third-party brands where specified, through the site and the platform owned by Etna Coffee Srl. Products, slogans, distinctive signs and any data or content on the site is and remains exclusive ownership of Etna Coffee Ltd. No page, data, image or content on the Site can be reproduced without prior and express written permission.
- Under d.Lgs. 196/2003 (“Code on the protection of personal data”) and its changes, Etna Coffee Srl is the owner of the processing of the personal data of the Customer, the bestowal of which is optional but is necessary for the management of orders and supplies. For the purposes of the management of supplies and related orders, your personal data will be stored in the computer archives of Etna Coffee Ltd and treated in a manner strictly necessary for the indicated purposes. At any time, you will be able to exercise the rights provided by art. 7 of D. Lgs. 196/2003 (such as: know your personal data and how it is used, have them updated, rectified, deleted, asked for it to be blocked or opposed to treatment for legitimate reasons, know the list of Those responsible for the treatment) by writing to the following e-mail address: email@example.com.
- In the presence of the customer’s consent, the personal data of the same will be used to allow Etna Coffee Srl to carry out information-related activities about particular news, product offers or promotional initiatives, including through mail electronic ally or texting.
Law and competent forum
- Although not specifically provided for in these General Conditions, it refers to the discipline contained in the Consumer Code, as well as from time to time possibly amended, integrated or replaced and, in a subordinate way, to that of the Civil Code.
- The reference to a precise time limit present in the General Conditions should be considered from time to time as replaced by that term of best guarantee for the Customer that the Code of Consumption should come to predict in the future and should therefore be so interpreted, understood and read.
- In the event of a conflict, the forecasts of the Code of Consumption will prevail over those of the Civil Code and, except as provided in paragraph 15.2, those of the General Conditions on those of the Code of Consumption, as derogable.
- Italian law applies.
- For any dispute, however, related to the interpretation and execution of what is provided for these General Conditions, as well as for contractual and pre-contractual relations and/or resolution, withdrawal and whatever else took cause and origin from the relationship generated between Customer and Etna Coffee Srl through the Site is elected the exclusive jurisdiction of the Forum of Catania.
Communications and contacts
- When not otherwise specified in these General Terms, communications should be made to the electronic address firstname.lastname@example.org. For more information and assistance on the Website or on how to buy online, the following contact addresses are offered: Via Paolo VI 47, 95031 Adrano (CT), email@example.com.