General conditions of Sale
The goods covered by these general conditions are offered for sale by Caffè San Domenico srl, with headquarters in Via Moncenisio 10, 10050 Sant’Antonino di Susa (TO), Italy, VAT number and registration to the Register of Turin no. 11073030014, Share Capital € 10,000 fully paid. REA TO 1185424, on the online shop caffesandomenico.com.
For assistance and information please contact us at the following email address: [email protected]
The term “online sales contract” means the sales contract relating to the tangible assets of the Supplier, stipulated between this and the Buyer in the context of a remote sales system through telematic tools, organized by the Supplier.
The expression “Buyer” means the consumer who is a natural person who makes the purchase, referred to in this contract, for purposes not related to any commercial or professional activity carried out.
The term “Supplier” means the person indicated in the epigraph or the person providing the information services.
With this contract, respectively, the Supplier sells and the Purchaser remotely purchases the tangible assets indicated and offered for sale on the caffesandomenico.com website via telematic tools.
The products referred to in the previous point are illustrated on the web page caffesandomenico.com/shop/
The contract between the Supplier and the Purchaser is concluded exclusively through the internet by access of the Purchaser to caffesandomenico.com, where, following the procedures indicated, the Purchaser will formalize the proposal for the purchase of goods the contract for the purchase of the goods referred to in point 1 of the previous article.
All purchase orders for products sent to the supplier must be complete in all their parts and must contain all the elements necessary for the correct identification of the products ordered. Each product order sent to the supplier constitutes the buyer’s contractual proposal and, therefore, will be binding on the supplier only if confirmed by this latter for acceptance.
ny payment by the Purchaser can only be made by means of one of the methods indicated in the appropriate web page by the Supplier. In particular:
In cases of purchase of goods with a credit card payment method, at the same time as the online transaction is concluded, the reference bank authorizes only the commitment of the amount relating to the purchase made.
Transactions made by credit card are managed by Stripe.com, a certified payment gateway according to the European PSD2 Regulation, which guarantees total payment security through the best encryption technology (or OTP).
The amount relating to the delivered goods is charged to the customer’s credit card at the time of order confirmation.
In cases of purchase of goods with payment methods in Bitcoin, Ethereum and Lightcoin, the buyer will be redirected to the coinbase.com site where they can complete the order and make the payment by accessing their Wallet. By choosing to pay with cryptocurrencies, the amount will be automatically converted into the equivalent cryptocurrency chosen from those available by the system. The continuation of the transaction implies the tacit agreement on the exchange rate applied. Coinbase.com protects the buyer’s information as no financial information is passed on.
The order amount is deducted from the Buyer’s Wallet at the time of order acquisition. In case of return / withdrawal, please contact us at [email protected] to transfer the cancellation back to your wallet.
Any reimbursement to the Purchaser will be credited through one of the methods proposed by the Supplier and chosen by the Purchaser, in a timely manner and, in case of exercising the right of withdrawal, as governed by clause 12, point 2 and following of this contract, at the latest within 14 days from the date on which the Supplier became aware of the withdrawal.
All communications relating to payments take place on a specific line of the Supplier protected by an encryption system. The Supplier guarantees the storage of this information with an additional level of security encryption and in compliance with the provisions of current legislation on the protection of personal data.
Delivery times are calculated from receipt of payment. The courier does not deliver to the floor.
Special delivery terms and conditions must be agreed in advance between the Buyer and the Supplier and accepted in writing by the Supplier.
Shipping times may vary from the day of the order to a maximum of 5 working days from the confirmation of the order. In the event that the Supplier is unable to ship within this period, the Buyer will be promptly notified. In any case, any delays in deliveries of less than 30 (thirty) days do not entitle the Customer to refuse delivery of the products, nor to claim compensation or compensation of any kind.
The Supplier has the right to deliver the products (also relating to the same order) in several successive deliveries without prejudice, in this case, to a single charge to the Customer.
All sales prices of the products displayed and indicated on the website are expressed in euros and constitute an offer to the public pursuant to art. 1336 of the Italian Civil Code
The sales prices, referred to in the previous point, include VAT and any other taxes. Eventual customs clearance costs, if present, are not included in the purchase price and are at the sole charche of the Buyer.
The Supplier ensures through the electronic system used the processing and fulfillment of orders without delay. For this purpose, it indicates in real time, in its electronic catalog, an indication of the available and unavailable products. 8.2. Should an order exceed the quantity existing in the warehouse, the Supplier, by e-mail, will notify the Buyer if the good is no longer bookable or what are the waiting times to obtain the chosen good, asking if it intends to confirm the order or not.
The Supplier’s computer system confirms the successful registration of the order as soon as possible by sending the user a confirmation by e-mail, pursuant to point 4.2.
The Supplier assumes no responsibility for inefficiencies attributable to force majeure, if he is unable to execute the order within the time stipulated in the contract.
The Supplier cannot be held liable to the Purchaser, except in the case of willful misconduct or gross negligence, for inefficiencies or malfunctions connected to the use of the internet outside of its own control or that of its sub-suppliers.
Furthermore, the Supplier will not be liable for damages, losses and costs incurred by the Buyer as a result of the non-execution of the contract for reasons not attributable to him, since the Buyer is only entitled to a full refund of the price paid and any accessory charges incurred. .
The Supplier assumes no responsibility for any fraudulent or illegal use that may be made by third parties, of credit cards, checks and other means of payment, upon payment of the purchased products, if he proves to have adopted all the possible precautions based on the best science and experience of the moment and based on ordinary diligence.
In no case can the Buyer be held responsible for delays or errors in payment if he proves that he has made the payment in the times and methods indicated by the Supplier.
The Supplier is liable for any lack of conformity that occurs within two days of delivery of the goods.
For the purposes of this contract it is assumed that consumer goods comply with the contract if, where relevant, the following circumstances coexist: a) they are suitable for the use for which goods of the same type are normally used; b) they conform to the description made by the seller and possess the qualities of the goods that the seller has presented to the consumer as a sample or model; c) present the usual quality and performance of a good of the same type, which the consumer can reasonably expect, taking into account the nature of the good and, where applicable, the public statements on the specific characteristics of the goods made in this regard by the seller, by the manufacturer or its agent or representative, in particular in advertising or on labeling; d) they are also suitable for the particular use desired by the consumer 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.
In the event of a lack of conformity, the Buyer may request, alternatively and without charge, under the conditions indicated below, the replacement of the purchased good, a reduction in the purchase price or the termination of this contract, unless the request is objectively impossible to satisfy or is excessively burdensome for the Supplier pursuant to art. 130, paragraph 4, of the Consumer Code.
The request must be sent in writing, by registered mail with return receipt or by certified e-mail, to the Supplier, who will indicate his willingness to proceed with the request, or the reasons that prevent him from doing so, within seven days. working from receipt. In the same communication, where the Supplier has accepted the Buyer’s request, he must indicate the methods of shipping or returning the goods as well as the deadline for returning or replacing the defective goods.
If the repair and replacement are impossible or excessively expensive, or the Supplier has not repaired or replaced the goods within the period referred to in the previous point or, finally, the replacement or repair previously carried out have caused significant inconvenience to the Buyer, the latter may request, at his choice, an appropriate price reduction or termination of the contract. In this case, the Purchaser must send his request to the Supplier, who will indicate his willingness to proceed with it, or the reasons that prevent him from doing so, within seven working days of receipt.
In the same communication, where the Supplier has accepted the Buyer’s request, he must indicate the proposed price reduction or the methods for returning the defective goods. In such cases it will be the Buyer’s responsibility to indicate how to re-credit the sums previously paid to the Supplier.
The Purchaser undertakes to pay the price of the purchased goods within the times and methods indicated in the contract.
Once the online purchase procedure has been completed, the Buyer undertakes to print and keep this contract.
The information contained in this contract has, however, already been viewed and accepted by the Buyer, who acknowledges it, as this step is made mandatory before confirming the purchase.
Pursuant to Legislative Decree no. 21 of 21 February 2014, if the Buyer qualifies as a “consumer”, he has the right to withdraw from the contract and to return the ordered products, without any penalty and without specifying the reason, within the term of 14 (fourteen) calendar days from receipt of the products themselves.
The right of withdrawal must be exercised by the Customer, under penalty of forfeiture, by sending a registered letter with return receipt addressed to Caffè San Domenico Srl, Via Moncenisio, 10 – 10050 Sant’Antonino di Susa (TO), Italy. All returns (which must be perfectly intact and accompanied by the original packaging) must be authorized by the Buyer, who will issue a return authorization number (RMA). Once the RMA number has been received, the Customer can return the product at his expense to the following address:
Caffè San Domenico Srl
Online Shop Returns Office
Via Moncenisio, 10
10050 Sant’Antonino di Susa (TO) Italy
Cash on delivery packages will not be accepted. Once the products have been received (and their integrity verified), the Supplier will, as soon as possible, and in any case within 14 days of receipt of the goods, credit the Customer with the cost of the returned products (as indicated on the invoice), withholding, where necessary, the amount of the shipping costs which will be definitively charged to the Customer.
The right of withdrawal referred to in the previous article cannot be exercised by the Customer in the event that the purchased products have been used (or damaged) by the Customer.
The right of withdrawal also does not apply to the Customer who purchases for purposes related to his work (eg: instrumental use, resale, etc.) and who therefore communicates his VAT number to the supplier.
Finally, the right of withdrawal is excluded in the following cases: a) Purchase of packaged products, whose original packaging has been tampered with or damaged by the Customer; b) Purchase of items made to measure or clearly personalized or which, by their nature, cannot be returned or which are liable to deteriorate or expire rapidly.
ATTENTION: perishable food products fall into this category because to protect our customers and for hygienic reasons, the right of withdrawal can be exercised only for products that can be put back on the market without danger to the health of consumers. Precisely for this reason it is not possible to return food products of which it is not possible to guarantee adequate conservation.
The obligations referred to in point 11.1, assumed by the Buyer, as well as the guarantee of the successful completion of the payment that the Buyer makes with the means referred to in art. 5.1, are essential, so that by express agreement, the non-fulfillment of only one of these obligations, if not determined by chance or force majeure, will result in the legal termination of the contract pursuant to Article 1456 of the Civil Code, without the need for a judicial ruling.
Written communications directed to the Supplier and any complaints will be considered valid only if sent to the following address Caffè San Domenico Srl, Via Moncenisio, 10 – 10050 Sant’Antonino di Susa (TO), Italy or sent by e-mail to the info address [email protected]
The Purchaser indicates in the registration form his residence or domicile, the telephone number or the e-mail address to which he wishes the Supplier’s communications to be sent.
All disputes arising from this contract will be devolved to a conciliation attempt at the Mediation Body of the Turin Chamber of Commerce and resolved according to the Conciliation Regulations adopted by the same.
If the Parties intend to appeal to the ordinary judicial authority, the competent court is that of the consumer’s place of residence or domicile of choice, mandatory pursuant to art. 33, paragraph 2, letter u) cod. cons.
This contract is regulated by the Italian law.
Although not expressly provided herein, the laws applicable to the relationships and cases provided for in this contract apply, and in particular art. 5 of the Rome Convention of 1980.
Pursuant to art. 60 cod. cons., the discipline contained in Part III, Title III, Chapter I cod. cons. Final clause This contract repeals and replaces any agreement, understanding, negotiation, written or oral, previously intervened between the parties and concerning the subject of this contract.