Terms and conditions:
1. GENERAL INFORMATION
Identity of the Seller
These general conditions of contract (hereinafter, General Conditions) govern the commercial relations between BEST ESPRESSO ON LINE S.R.L. BEST ESPRESSO S.p.A. Group company manufacturer of all BEST ESPRESSO branded products – Via Cavalieri di Malta 3 – 35038 Torreglia (PD), code fe piva 05295700289 hereinafter the Seller and the Customer (as identified below), which have as their object the purchase of Products, as identified below, online through the electronic sales system (E-commerce) present on the website https://bestespresso.online (hereinafter the Site).
These General Conditions apply to Customers who declare to act as consumers. Pursuant to Legislative Decree n. 206/2005 a consumer is the natural person who purchases the Products for purposes unrelated to any entrepreneurial, commercial, craft or professional activity carried out, or does not register by indicating the VAT number or the purchase by indicating the VAT number.
These General Conditions do not apply to the Customer who, upon registration, declares to act as a Professional and / or who acts as a Professional pursuant to Legislative Decree no. 206/2005 by entering a VAT number reference at the time of registration or purchase.
These General Conditions may be subject to additions, variations, modifications and updates, even without notice, which will take effect from the date of publication on the Site. The Customer undertakes to read them before placing any Order.
Acceptance of the General Conditions
By accepting these General Conditions, the Customer declares to have read the following information in order to purchase the Products:
to. the main characteristics of the Products;
b. that the sale is carried out by BEST ESPRESSO ON LINE S.R.L. – Via Cavalieri di Malta 3 – 35038 Torreglia (PD); c. the total price of the Products including taxes, all additional shipping costs, the method of
payment choice and the terms of delivery and execution of the Order;
d. the conditions, terms and procedures for exercising the right of withdrawal in accordance with Article 54,
paragraph 1, of Legislative Decree no. 206/2005, as also described in the “product returns” page (ENTER CTRL + click
to open the link);
And. that on the Products there is a legal guarantee of conformity.
Information pursuant to Legislative Decree 70/2003
The Seller provides the Customer with the following information:
a) to reach the conclusion of the Contract, the Customer must select the individual Products, indicate the quantities, enter their data, complete the Order in electronic format and transmit it electronically;
b) the Contract will be stored on the Seller’s servers. The Customer can consult the Contract through the Order Confirmation email received;
c) before submitting the Order, the Customer can check the Products and the data entered. Input errors can be corrected by following the instructions provided at the time of purchase. After submitting the Purchase Order, the Customer can request the modification of the Order by contacting Customer Service.
d) the language available to conclude the contract is Italian and English; in case of contrast between the two versions, the Italian version prevails.
Product: goods offered for sale through the Site, which fall into the following product categories: coffee (in capsules), tea, herbal teas;
Customer: registered or unregistered user who browses the Site and uses the services offered by the Site. Under these General Conditions, he can only be a consumer.
Purchase Order: electronic document, consisting of the summary of the Products placed in the virtual cart by the Customer, the indication of the Delivery Address, the choice of payment method. It is forwarded via the Order Send button.
Delivery address: manned place where the delivery of the Products will be carried out. The delivery address is indicated by the customer at the time of purchase. It can also correspond to a different address than the one indicated by the Customer during registration.
3. METHOD OF EXECUTION
How to process the purchase order
Before proceeding with the purchase of the Products, the Customer must register on the appropriate section of the site, identifying himself with truthful data. Until the Order is sent, the Customer will have the opportunity to review the data entered by clicking on the “Back” button.
By sending the Purchase Order and the simultaneous payment, the Customer makes a proposal pursuant to Article 1326 of the Italian Civil Code
The availability of the Products is generally indicated on the Site and constantly updated; this frequency is considered sufficient to guarantee very reliable information but cannot exclude that a Product indicated as available, at the time of the forwarding of the purchase proposal by the Customer, may not be present in the warehouse. The sale is always intended subject to stock verification, for which the availability of the Products is indicated on the Site.
Conclusion of the Agreement
The Seller reserves the right not to accept the proposal, notifying it in a timely manner, and in any case within 10 days. The Contract is considered concluded when the Seller sends the Customer an Order Confirmation.
In any case, the Orders are considered accepted subject to both quantities and delivery terms. No responsibility can derive from BEST ESPRESSO ON LINE S.R.L. in cases of delay, deferral and reduction of quantities in order fulfillment, except in cases of negligence or fault attributable to BEST ESPRESSO ON LINE S.R.L .. Each individual order or delivery is understood to be autonomous and independent of any other order or delivery.
4. METHOD OF PAYMENT
The prices and commercial offers of BEST ESPRESSO ON LINE S.R.L. are those published on the summary page of the cart, before the Customer confirms the dispatch of the Purchase Order. The prices of the Products include VAT and do not include any duties or taxes applicable in the country of destination, where this is different from Italy, which will be charged to the Customer. Shipping costs are indicated in the summary of the Purchase Order. All prices shown on the site are indicated in Euros.
The Customer will pay the full price of the Products at the same time as placing the Purchase Order. In case of non-acceptance of the Order, BEST ESPRESSO ON LINE S.R.L. will promptly refund any amount already paid.
When sending the Purchase Order, the Customer can select the payment method between credit card and bank transfer. If the chosen payment channel is not even temporarily available, the Seller will promptly communicate alternative channels. Invoices will be issued exclusively in electronic format.
5. RIGHT OF WITHDRAWAL
Exercise of the right of withdrawal
The Customer has the right to withdraw from the Contract without giving any reasons within fourteen days from the day on which he, or a third party, other than the carrier, receives the goods, acquiring possession of them.
In such cases, before the withdrawal period has expired, the Customer informs the Seller of the decision to exercise the right of withdrawal from the Contract, using the instructions and form available on the website, on the “product returns” page (ENTER CTRL + click to open the link) or by submitting any other explicit declaration of your decision to withdraw from the Contract. The notice of withdrawal must be sent by e-mail to the address: email@example.com or by registered letter with return receipt to the address BEST ESPRESSO ON LINE S.R.L. – Via Cavalieri di Malta 3 – 35038 Torreglia (PD).
It is the Customer’s responsibility to demonstrate the timely and correct sending of the notice of withdrawal.
Obligations of the Customer in case of withdrawal
The Customer, in exercising the withdrawal, returns the Products without undue delay and in any case within fourteen days from the date on which he communicated to the Seller his decision to withdraw from the Contract. The deadline is met if the Customer returns the Products before the expiry of the period indicated, returning them to the address indicated above or delivering them to a third party indicated and authorized by the Seller to receive them.
The Customer is responsible for the decrease in the value of the Products resulting from handling other than that necessary to establish the nature, characteristics and functioning of the same Products, namely: in the absence of the original packaging or in the absence of integral elements of the Product. The Seller reserves the right to verify in the specific case the possibility of withdrawal and / or the actual decrease in the value of the product in consideration of the particularity of the goods sold.
Obligations of the Seller in the event of withdrawal
The Seller will reimburse all payments received from the Customer for the contract subject to withdrawal, possibly including delivery costs, without undue delay from the moment of actual receipt of the intact Products at its warehouses and their deterioration has been verified.
The costs of returning the Products are charged to the Customer and will not be reimbursed by the Seller. In case of return of purchases with free shipping included in the price, the cost incurred for the one-off shipment of the goods (10.00 Euro) will be deducted from the refund and will be deducted from the refund amount).
The Seller may withhold the refund until it has received the Product or until the Customer has demonstrated that he has returned the Products, whichever occurs first.
The refund will be made using the same payment method used by the Customer for the initial transaction, unless the Customer has expressed a different will. The Seller will not reimburse the additional costs where the Customer has expressly chosen a type of delivery other than the least expensive offered by the Seller.
Exceptions to the right of withdrawal
In any case, the right of withdrawal is excluded if the sale falls within the exceptions provided for by Art. 59 of Legislative Decree no. 206/2005, in particular when it has as its object: a) the supply of products made to measure or clearly personalized; b) the supply of Products that risk deteriorating or expiring rapidly; c) the supply of sealed Products that are not suitable for return for hygienic reasons or related to health protection and have been opened after delivery; d) the supply of Products which, after delivery, are, by their nature, inseparably mixed with other goods.
6. LEGAL GUARANTEE OF CONFORMITY ON PRODUCTS
The Seller undertakes to deliver to the Customer Products that comply with the Purchase Order. All Products are covered by a legal guarantee of conformity as provided for by articles 128-135 of the Consumer Code.
It is assumed that the Products have a lack of conformity when:
– they are unsuitable for the use to which goods of the same type are usually used;
– they differ from the description made by the Seller and possess the qualities of the goods that the Seller has presented to the User as a sample or model;
– they do not have the usual qualities and performance of an asset of the same type that the User can reasonably expect;
– are unsuitable for the particular use desired by the User and which has been brought to the attention of the Seller at the time of the conclusion of the contract and which the Seller has also accepted for conclusive facts.
Diritti del Cliente
Ai sensi del comma 3 dell’art 130 Cod. Cons. in caso di difetto di conformità debitamente denunciato nei termini, il Cliente ha diritto:
If the Product has a food nature, the remedy for repair is excluded as it is objectively impossible.
In cases where the requested remedy is excessively burdensome if it imposes unreasonable expenses on the Seller compared to the alternative remedies that can be implemented, taking into account (i) the value that the asset would have if there were no lack of conformity; (ii) the extent of the lack of conformity; (iii) the possibility that the alternative remedy can be carried out without significant inconvenience to the consumer.
A minor lack of conformity for which it has not been possible or is excessively burdensome to carry out the remedies for repair or replacement, does not give the right to terminate the contract.
The guarantee of conformity is excluded in the event of:
– the defects reported by the Customer derive from the incorrect storage, handling or use or transport of the Product by the consumer;
– failure to comply with the instructions provided by the Seller at the time of purchase or by the Manufacturer (as indicated on the Product label).
– the defect is attributable to the Customer’s guilty or willful conduct;
– the defect is attributable to causes of force majeure, unforeseeable circumstances or other causes not related to production
and transport of the Product to the delivery address.
The Seller is liable to the Customer for any lack of conformity existing at the time of delivery of the Product.
The lack of conformity must be reported to the Seller, under penalty of forfeiture of the guarantee, within two months from the date on which it was discovered, unless it is a Product by its nature perishable or subject to expiry in a shorter period, where in this case the defect must be reported within this shortened period of deterioration or expiry.
The direct action to assert the defects not maliciously concealed by the Seller is prescribed, in any case, within twenty-six months from the delivery of the goods.
It is assumed that the lack of conformity that occurs within six months of delivery of the goods already existed on that date unless this hypothesis is incompatible with the nature of the goods or the nature of the lack of conformity. After six months, it is the Customer’s responsibility to prove that such lack of conformity existed at the time of delivery.
Exercise of rights
The legal guarantee of conformity may be exercised by the Customer by sending an e-mail or a registered letter with return receipt to the addresses referred to in Article 1. The Customer undertakes to specify the reason for the complaint of non-compliance and indicate the number of the ‘Purchase Order and tax documentation. Complaints that do not report such data cannot be taken into consideration.
The Seller reserves the right to verify the existence of the reported lack of conformity. The Seller also reserves the right to notify the Customer if it will collect the defective Product at the delivery address.
Following the verification of the lack of conformity, the operating times for the activation of the legal guarantee are variable and are determined by the type of product and the nature of the defect.
Following the activation of the guarantee, any liability, indemnity, compensation or further charge to the Seller for the event of delay in the delivery of the replaced Product or return of the Price is excluded. Except in exceptional cases, the replacement will be carried out within 60 days of returning the defective Product and / or activating the legal guarantee if the Seller communicates that it will not collect the defective Product. In the event of non-compliance with the terms, the Customer may exercise alternative remedies provided for by law (termination of the contract or reduction of the price paid taking into account any use of the asset) in the manner indicated on the “product returns” page.
7. METHOD OF SHIPPING AND DELIVERY
The delivery of the Products purchased on the Site is made to the shipping address indicated by the Customer at the time of the Purchase Order. Delivery methods and times are indicated for each Product. The term starts from the sending of the e-mail certifying the Order Confirmation.
The amount of delivery costs due in relation to a specific Order is calculated at the checkout stage.
The delivery is considered performed by transferring the material availability or in any case the control of the Products to the Customer or other person identified in the Purchase Order phase.
The person who receives the Product (Customer or other person indicated by the same in the Purchase Order phase) has the responsibility of checking that the Product packaging is in good condition and that it is intact, not damaged or altered, that there is no there are evident signs of tampering. In such cases, the person receiving the Product has the duty to report it upon receipt by signing with reserve the proof of delivery provided by the courier. The unreserved receipt of the Products will prevent any claim to the Seller, extinguishing the related actions.
The Seller shall in no case be held responsible for the failure or delay in delivery of the Products due to force majeure or unforeseeable circumstances, such as, by way of example but not limited to, fires, earthquakes, floods, floods, damage to warehouses, pandemics, strikes. , judicial and administrative measures, interruptions or suspension of the supply of electricity, electricity, gas, water at the factories, interruptions of motorways or roads, presence of any further impediment or difficulty in the delivery of the Product not directly attributable to the Seller. In cases where the inability to deliver the Products lasts for more than 30 days from the Order Confirmation, each Party will have the right to withdraw from the contract by communicating it to the other. The Customer has the right to communicate the withdrawal using the withdrawal form.
This Agreement is made available at the time of stipulation by sending it in electronic format to the declared email address. Any particular agreements have no value if they are not specifically contracted by both and in this case they will constitute an addendum to this text.
At the simple request of one of the parties, the other undertakes to print this contract, sign it and send it to the applicant’s headquarters, within 7 days.
8. SALE IN THE EUROPEAN UNION
Notwithstanding the provisions of Article 6 co 1 of Regulation (EC) No. 593/2008 and subsequent amendments and / or additions, the law applicable to these General Conditions is Italian law. However, if this choice deprives the Client of the protection afforded to him by the provisions to which it is not permitted to conventionally derogate under the law which, in the absence of a choice, would have been applicable, the latter law will apply to these provisions.
9. CUSTOMER SERVICE
The Customer can request information, submit complaints, obtain assistance, report anomalies by contacting Customer Service.