Terms of sale

General Conditions of Sale, effective from 10/01/2022.

PREMISE

This information is provided for the site https://www.cafferecca.shop/ (Site).

Seller details: ESCAMAS srl - Share Capital € 10,000 - VAT number 05638490879 - Viale XX Settembre, 45 Catania (Seller).

Art. 1 Scope of application

1.1 The General Conditions of Sale apply to all sales made by the Seller on the Site.

1.2 If it is made possible by the Site, the insertion of your tax code during a purchase implies that you are acting as a Consumer pursuant to art. 3, I comma, lett. a) of the Consumer Code (Legislative Decree 6 September 2005, n.206). We remind you that the quality of Consumer is the natural person who acts for purposes unrelated to any entrepreneurial, commercial, professional or craft activity carried out. If, on the other hand, it is possible to enter the VAT number (yours or that of a legal person), this implies a purchase as a "Professional", pursuant to art. 3, paragraph I, lett. c) of the Consumer Code. The natural or legal person acting in the exercise of his / her business, commercial, craft or professional activity, or an intermediary, plays the role of Professional. The implications of buying as a Consumer rather than a Professional will be described later in this document.

1.3 The terms indicated are to be understood as working days, therefore excluding Saturdays, Sundays and national holidays. The images and descriptions on the Site are intended as purely indicative. The colors may differ from the real ones due to the settings of the computer systems or computers used by you for their display.

1.4 The General Conditions of Sale can be changed at any time. Any changes and / or new conditions will be effective from the moment of their publication on the Site. You are therefore invited to regularly access the Site and to consult, before making any purchase, the most updated version of the General Conditions of Sale.

1.5 The applicable General Conditions of Sale are those in force on the date the purchase order is sent.

1.6 These General Conditions of Sale do not regulate the sale of products and / or services by parties other than the Seller who may be present on the Site through links, banners or other hyper-textual links.

1.7 Before carrying out commercial transactions with these subjects it is necessary to check their conditions of sale.

1.8 The Seller is not responsible for the supply of services and / or for the sale of products by such subjects.

1.9 The Seller does not carry out any checks and / or monitoring on the websites accessible through these links. The Seller is therefore not responsible for the contents of these sites or for any errors and / or omissions and / or violations of the law by them.

1.10 You are required to carefully read these General Conditions of Sale as well as all other information that the Seller provides on the Site, even during the purchase procedure.

1.11 Orders can also be placed by email on the Site. As far as compatible, the clauses indicated in these General Conditions of Sale also apply to these types of orders. The Seller reserves the right to send you by email the different and separate General Conditions of Sale, effective only for purchases by email. The Seller does not accept orders by telephone, unless otherwise agreed with the customer.

1.12 The entirety of any element of the Site is the property of the Seller or third parties. Except for the specific written consent of the Seller, it is forbidden to reproduce, in whole or in part and by any procedure, distribute, publish, transmit, modify or sell all or part of the content of the Site.

1.13 The Seller shall in no case be held liable to you or to third parties for any indirect, incidental, special or consequential damage. This includes, but is not limited to, any loss of income or other indirect loss resulting from the use of the Site or the inability to use it. The Seller cannot guarantee or affirm: (i) that the Site is free from viruses or programs that may damage the data; (ii) that the information contained on the Site is accurate, complete and up-to-date.

Art. 2 Purchases on the Site

2.1 To make purchases on the Site it is necessary to follow the procedure present on the Site itself, entering the data requested from time to time. The sales contract is concluded when the order reaches the Seller's server.

2.2 You undertake to inform the Seller immediately in the event that you suspect or become aware of an improper use or undue disclosure of any information you have entered on the Site.

2.3 You guarantee that the personal information provided is complete and truthful and undertake to hold the Seller harmless and harmless from any damage, compensation obligation and / or sanction deriving from and / or in any way connected with the breach of this commitment. You undertake to immediately inform the Seller in the event that you suspect or become aware of an improper use or undue disclosure of your login credentials to the Site.

2.4 The Seller reserves the right to refuse orders that come from users who have previously violated these General Conditions of Sale or any regulatory provision.

2.5 To place orders on the Site, it is necessary to read and approve these General Conditions of Sale, by selecting the appropriate box on the purchase procedure pages. Failure to accept these General Conditions of Sale will make it impossible to make purchases on the Site.

2.6 On the Site: (i) no alcoholic Products are sold; (ii) no adult products are sold; (iii) Food Products are sold. Before purchasing any Food Product offered for sale on the Site, you are requested to inform the Seller if you are suffering from any type of food allergy, intolerance or intolerance. If you do not make this communication, the Seller is in no way responsible for any type of damage that you may have suffered from the purchase of food products on the Site.

2.7 After the purchase, you will receive an order confirmation email.

Art. 3 Availability of Products

3.1 The Products offered on the Site are limited in number. It may therefore happen, also due to the possibility that several users purchase the same Product at the same time, that the ordered Product is no longer available after the transmission of the purchase order.

3.2 Information on the availability of the Products is available on the Site.

3.3 You will be informed in case of unavailability of the ordered Product. In this case, you will be entitled to terminate the purchase contract. In any case, please consider that before asking for the termination of the contract, the Seller reserves the right to implement these measures:

If a restocking is not possible, the Seller will supply a different product, of equivalent or greater value, upon payment, in the latter case, of the difference, and upon the express acceptance of the user.
If a restocking is possible, an extension of the delivery terms, offered by the Seller, with indication of the new delivery deadline.

3.4 If a refund is requested for the amount paid for the purchase of Products which later proved to be unavailable, the Seller will make the refund within a maximum period of 10 days.

3.5 In the event that you make use of the right of termination, the contract is terminated. In the event that the payment of the total amount due, consisting of the price of the Product, the shipping costs, if applicable, and any other additional cost, as resulting from the order (Total Amount Due) has already taken place, the Seller will reimburse the Total Amount Due pursuant to the provisions of the article "Methods of payment" infra.

Art. 4 Prices

4.1 On the Site, prices include VAT.

4.2 Furthermore, on the Site the prices do not include the WEEE contribution as Products not subject to the relative regulations are sold.

4.3 The Seller reserves the right to change the price of the Products, at any time, without notice, it being understood that the price charged to you will be that indicated on the Site at the time the order is placed and that any changes will not be taken into account. (increasing or decreasing) subsequent to the transmission of the same.

4.4 The shipping costs of the Products are at your expense for orders less than or equal to a specific amount (from time to time indicated on the Site): for higher amounts, shipping is free.

4.5 The Seller will ship the Products only after having received confirmation of the payment authorization or after having credited the Total Amount Due. The ownership of the Products will be transferred to you at the time of shipment, to be understood as the moment of delivery of the Product to the carrier. The risk of loss or damage to the Products, for reasons not attributable to the Seller, on the other hand, will be transferred to you when you, or a third party designated by you and other than the carrier, materially comes into possession of the Products.

4.6 The purchase contract is conditional on the non-payment of the Total Amount Due. Unless otherwise agreed in writing with you, the order will consequently be canceled.

Art. 5 Methods of payment

5.1 This article describes the payment methods available on the Site.

5.2 On the Site you can purchase by means of payment cards. The charge will be made only after (i) the details of your payment card used for the payment have been verified and (ii) the company issuing the payment card used by you has issued the debit authorization. In application of Directive 2015/2366 / (EU) on payment services in the internal market (PSD2), the user is informed that he may be required to complete the purchase process by satisfying the authentication criteria required by the payment institution in charge of manage the online payment transaction. The authentication criteria refer to the user's identity (to satisfy this criterion the user must be registered on the Site during the purchase operation) and to the contextual knowledge of the authentication code transmitted by the payment institution (Strong Customer Authentication ). Failure to complete the procedure described above may imply the impossibility of finalizing the purchase on the Site. The confidential data of the payment card (card number, holder, expiry date, security code) are encrypted and transmitted directly to the manager of the payments without passing through the servers used by the Seller. The Seller therefore never has access to and does not store, even if you choose to store such data on the Site, the details of your payment card used to pay for the Products.

5.3 It is not possible to pay by bank transfer on the Site.

5.4 On the Site it is not possible to purchase by cash on delivery, unless otherwise agreed with the Seller.

5.5 If the value of the discount code is lower than that of the order, the remaining sum can be completed according to the payment methods provided on the Site. Each discount code can be used for one purchase only. In no case can discount vouchers be redeemed for cash.

5.6 Any alternative methods other than those indicated above are or will be described in this article.

On the Site it is also possible to make purchases using the PayPal payment solution. If you choose PayPal as a means of payment, you will be redirected to the website www.paypal.it where you will make the payment according to the procedure provided and governed by PayPal and the terms and conditions of the contract agreed between the user and PayPal. The data entered on the PayPal site will be processed directly by the same and will not be transmitted or shared with the Seller. The Seller is therefore not able to know and does not store in any way the data of the payment card connected to your PayPal account or the data of any other payment instrument connected with this account.

Art. 6 Delivery of the Products

6.1 The delivery of the Products is foreseen in: Europe.

6.2 The delivery obligation is fulfilled by transferring to you the material availability or in any case the control of the Product.

6.3 Delivery time of the Products from the sending of the order: 5 days.

6.4 The term indicated in art. 6.3 is to be understood as indicative and not peremptory. The Seller therefore reserves the right to deliver the Products within 30 days of sending the order. It is up to you to check the conditions of the delivered Product. Without prejudice to the fact that the risk of loss or damage to the Product, for reasons not attributable to the Seller, is transferred when you, or a third party designated by you and other than the carrier, materially comes into possession of the Product, the Seller recommends that you verify the number of Products received and that the packaging is intact, not damaged, nor wet or otherwise altered, even in the closing materials and you are invited, in your interest, to indicate any anomalies on the transport document of the carrier, accepting the package with reserve . In the event that the package shows evident signs of tampering or alteration, it is advisable to promptly notify the Seller.

6.5 With reference to the possibility of requesting the delivery of the Products to a "collection point", the Seller informs you that the Site does not offer the possibility of collecting the Product at a "collection point" other than the address you communicated in the course of the purchase process. However, you are invited to regularly access the Site to check if this delivery option is subsequently made available on the Site.

Art. 7 Right of withdrawal

7.1 The user is invited to view this article with particular attention, which governs the right of withdrawal.

7.2 The right of withdrawal is the consumer's right to dissolve the purchase contract without being obliged to provide a reason. If you have purchased as a Professional, the right of withdrawal does not apply, unless otherwise agreed with the Seller. Any exceptions to the right of withdrawal are listed in this article 7. If there are no exceptions to the right of withdrawal, this article 7 is fully applicable.

Sealed goods are sold on the Site which cannot be returned for reasons of hygiene or health protection. If these Goods have been opened after delivery, you lose the right of withdrawal. Therefore, the following rules on the right of withdrawal do not apply.

7.3 If you are a Consumer (and in the event that no exceptions apply to this effect) you have the right to withdraw from the purchase contract of the Product without having to provide any reasons and without having to incur costs other than those provided for in this article within the term of fourteen calendar days (Withdrawal Period). To exercise the right of withdrawal, you must inform the Seller, before the expiry of the Withdrawal Period, of your decision to withdraw. To this end, you can write to the Seller at the contact persons indicated in the Introduction, or use the contact form that may be present on the Site. You have exercised your right of withdrawal within the Withdrawal Period if the communication relating to the exercise of the right of withdrawal is sent by you before the expiry of the Withdrawal Period. Unless otherwise agreed, the direct costs of returning the Products are borne by the Consumer, as well as the responsibility for their transport. In case of exercising the right of withdrawal, the Product must be delivered to the Seller's headquarters, or to a different address communicated by the Seller. The Withdrawal Period expires after 14 days:

in the case of an order relating to a single Product, from the day on which you or a third party, other than the carrier and designated by you, acquire physical possession of the Products;
in the case of a Multiple Order with separate deliveries, from the day on which you or a third party other than the carrier and designated by you acquire physical possession of the last Product; or
in the case of an order relating to the delivery of a Product consisting of multiple lots or pieces, from the day on which you or a third party, other than the carrier and designated by you, acquires physical possession of the last lot or piece.

7.4 If the withdrawal is applicable, the Seller will reimburse the Total Amount Due, including delivery costs, if applicable, without undue delay and in any case no later than 14 calendar days from the day on which the Seller was informed of the decision to withdraw from the contract. The refund will be made using the same payment instrument used for the initial transaction. In the event that the Products have been shipped using a carrier chosen by the Consumer and at the expense of the latter, the Seller may suspend the refund until the Products are received or until the Consumer demonstrates that he has returned the Products, if previous. The Consumer is solely responsible for the decrease in the value of the goods resulting from the handling of the Product other than that necessary to establish the nature, characteristics and functioning of the Product. The Product must in any case be kept, handled and inspected with normal diligence and returned intact, complete in all its parts, fully functional, accompanied by all accessories and leaflets, with identification tags, labels and disposable seal, where present. , still attached to the Product and intact and not tampered with, as well as perfectly suitable for its intended use and free from signs of wear or dirt. Furthermore, the withdrawal applies to the Product in its entirety. It cannot therefore be exercised in relation to parts and / or accessories of the Product. In the event that the Product for which the withdrawal was exercised has suffered a decrease in value resulting from the handling of the goods other than that necessary to establish the nature, characteristics and functioning of the Product, the Seller reserves the right to deduct from the amount of the reimbursement an amount equal to this decrease in value. The Seller will communicate this circumstance and the consequent reduced refund amount, providing, in the event that the refund has already been paid, the bank details for the payment of the amount due by the user due to the decrease in value of the Product. In the event that the withdrawal has not been exercised in accordance with the provisions of the applicable legislation, it will not result in the termination of the contract and, consequently, will not give the right to any refund.

7.5 In light of the foregoing, the Seller deems it appropriate to point out that the costs of returning the Product will be at your expense and under your responsibility.

Art. 8 Legal Guarantee of Conformity

8.1 The Legal Guarantee of Conformity is reserved for the Consumer. Therefore, it applies only to users who have made a purchase on the Site for purposes unrelated to any entrepreneurial, commercial, craft or professional activity carried out.

8.2 The Seller is liable to the Consumer for any lack of conformity of the Product which occurs within two years of such delivery. The direct action to assert the defects not intentionally concealed by the Seller is prescribed, in any case, within twenty-six months from the delivery of the goods.

8.3 Unless proven otherwise, it is assumed that the lack of conformity that occurs within twelve months of delivery of the Product already existed on that date, unless this hypothesis is incompatible with the nature of the Product or with the nature of the lack of conformity. Starting from the twelfth month following the delivery of the Product, it will instead be the responsibility of the Consumer to prove that the lack of conformity already existed at the time of delivery of the same.

8.4 In case of lack of conformity of the goods, the Consumer has the right to restore conformity, or to receive a proportional reduction in the price, or to terminate the contract on the basis of the conditions established by art. 135-bis and following of the Consumer Code.

8.5 The Seller is not liable in the event of damage, of any nature whatsoever, deriving from the use of the Product improperly and / or not in accordance with the instructions provided by the manufacturer as well as in the event of damage deriving from unforeseeable circumstances or force majeure.

8.6 If you have made the purchase as a Professional, the previous paragraphs of this article do not apply.

Art. 9 Manufacturer's Warranty

The Manufacturer's Warranty is an additional guarantee with respect to the Legal Warranty of Conformity that may be provided by the Seller on the Products. The Products sold on the Site may, depending on their nature, be covered by a conventional guarantee issued by the manufacturer (Conventional Guarantee). You can only enforce this guarantee against the manufacturer. The duration, the extension, even territorial, the conditions and methods of use, the types of damage / defects covered and any limitations of the Conventional Warranty depend on the individual manufacturer. The Conventional Guarantee is voluntary in nature and does not replace, limit, prejudice or exclude the Legal Guarantee.

Art. 10 Applicable law and competent court; out-of-court settlement of disputes - Alternative Dispute Resolution / Online Dispute Resolution

10.1 Purchase contracts concluded through the Site are governed by Italian law.

10.2 It is without prejudice to the application to consumer users who do not have their habitual residence in Italy of any more favorable and mandatory provisions provided for by the law of the country in which they have their habitual residence.

10.3 We remind you that in the case of a Consumer user, the court of the place where the user resides or has elected domicile is competent for any dispute relating to the application, execution and interpretation of this document.

10.4 In the case of a professional user, for any dispute relating to the application, execution and interpretation of this document, the Court where the Seller is based is competent, pursuant to the provisions of the Introduction.

10.5 The Seller informs the user who holds the status of Consumer that, in the event that he has submitted a complaint directly to the Seller, as a result of which it has not been possible to resolve the dispute thus arisen, the Seller will provide the relevant information. to the Alternative Dispute Resolution body or bodies for the out-of-court resolution of disputes relating to obligations deriving from a contract concluded on the basis of these General Conditions of Sale (ADR bodies), specifying whether or not it intends to use these bodies to resolve the dispute itself.

10.6 The Seller also informs the user who holds the status of Consumer that a European platform has been set up for the online resolution of consumer disputes (so-called ODR platform). The ODR platform can be consulted at the following address http://ec.europa.eu/consumers/odr . Through the ODR platform, the Consumer user will be able to consult the list of ADR bodies, find the link to the website of each of them and start an online resolution procedure of the dispute in which he is involved.

10.7 The right of the Consumer user to appeal to the ordinary competent judge of the dispute deriving from these General Conditions of Sale, regardless of the outcome of the out-of-court settlement procedure of disputes relating to consumer relations through recourse to the procedures, is reserved. referred to in Part V, Title II-bis of the Consumer Code.

The user who resides in a member state of the European Union other than Italy, can also access, for any dispute relating to the application, execution and interpretation of these General Conditions of Sale, to the European procedure established for disputes of modest entity, by Regulation (EC) no. 861/2007 of the Council, of 11 July 2007, provided that the value of the dispute does not exceed, excluding interest, rights and expenses, Euro 5,000.00. The text of the regulation is available on the site http://www.eur-lex.europa.eu .

Art. 11 Customer service

11.1 You can request information, send communications, request assistance or submit complaints by contacting the Seller at the addresses indicated in the Introduction, or using the contact form that may be present on the Site.

11.2 The Seller responds within an indicative period of 5 days.

Art. 12 Miscellaneous

12.1 This document fully governs the relationship between you and the Seller. In any case, the rights and obligations provided for by the law applicable from time to time are reserved.