GENERAL TERMS AND CONDITIONS OF SALE
General and scope of application
1.1. The sale of "Gilli" branded products concluded remotely through this site (hereinafter referred to as the "Website") is governed by the following general conditions of sale (hereinafter referred to as "General Conditions of Sale").
The products offered on the Site are sold by Gilli 1733 S.r.l. (hereinafter referred to as "Caffè Gilli). Gilli 1733 Srl is a company incorporated under Italian law, with registered office in Via Roma, 1 / r Florence (FI) - Italy, VAT number, tax code and registration number in the Register of Companies of Florence 00394430482, REA n. FI 123890.
1.2. The use of the distance selling service governed by these General Conditions of Sale is reserved exclusively for consumers (hereinafter referred to as "Customer" or, in the plural, "Customers") understood as natural persons acting for purposes not related to your own commercial, entrepreneurial, craft or professional activity that may be carried out, over the age of 18 (or, if minors, authorized by their legal representative) as defined in Article 3, paragraph 1, letter a) Legislative Decree 6 September 2005, n. 206 and subsequent amendments. Consumption as well as by Directive 2011/83 / EU of the European Parliament and of the Council of 25/10/2011 and by Directive 1999/44 / EC of the European Parliament and of the Council of 25/05/1999 hereinafter also the "Consumer Code" ) - are governed - as well as by the General Conditions by the Consumer Code.
SThe resale or transfer for any commercial or professional purpose of the products purchased on the Website is expressly prohibited.
1.3. The products offered for sale on the Website can only be purchased if delivered in the following countries: Italy, (excluding the municipalities of Livigno and Campione d'Italia) Austria, Portugal, Holland, United Kingdom (excluding the Channel Islands), Ireland, Norway, Sweden, Denmark, Finland (excluding the Aland Islands), France (excluding overseas territories), Belgium, Luxembourg, Switzerland, Monaco, Germany (excluding the island of Heligoland and the territory of Busingen), Spain ( excluding Ceuta, Melilla, and the Canary Islands), Greece (excluding Mount Athos).
1.4 The languages used for the conclusion of the sales contract through this Website are: Italian, English.
1.5 These General Conditions of Sale are published on the Website in order to allow the knowledge as well as the storage and reproduction by the Customer in accordance with current legislation.
1.6. The purchase of products is governed exclusively by the General Conditions of Sale published on the Website and in force at the time of purchase.
CAFFE ’GILLI reserves the right to make changes and / or additions to these General Conditions of Sale at any time.
Any changes and / or additions will be effective only in relation to purchases made after the date of publication of the new version of the General Conditions of Sale.
The replacement of these General Terms and Conditions of Sale with a new version implies the automatic inapplicability, ineffectiveness and non-enforceability of CAFFE ’GILLI. of the same in relation to purchases made after their elimination from the Website and this even in the event that said General Conditions of Sale are still available and / or accessible to the public through other websites, other than the one indicated above.
2. Availability of products
2.1. The Customer acknowledges that the products offered by CAFFE 'GILLI on the Website (hereinafter referred to as the "Products") may be subject to variable availability and is therefore aware that CAFFE' GILLI will have to check their actual availability at the time of 'purchase.
2.2. Problems may occasionally occur in relation to the availability of certain Products. In these circumstances, CAFFE'GILLI will inform the Customer promptly (and in any case within the terms specified below) by e-mail or by telephone of the cancellation of his order.
In the case of only partial unavailability, the Customer if he prefers to receive the available Products or to cancel the order completely. The information relating to the Products for sale are indicated on the Site both in the virtual showcase page and in each page dedicated to each Product. The Customer can only purchase Products present and available in the electronic catalog at the time of placing the order and viewable online on the Site as described in detail in the relevant information sheets. The description of the Products in the pages of relative competence also indicate any allergens that may be contained within the same Products. Without prejudice to the foregoing, it is understood that the image accompanying the description of a Product may not be perfectly and completely representative of its characteristics (and possibly differ in color, size and other characteristic elements of accessory products present in the figure and in the photograph chosen for the Site. All purchase support information is intended as a simple generic information material, not referable to the real characteristics of a single product and, therefore, as merely indicative. The Customer can request more information at any time using the contacts present on the Site. CAFFE 'GILLI reserves the right to insert additional information and / or special conditions in the information sheets of the Products. The Customer acknowledges and expressly accepts that any such indications contained in the aforementioned information sheets are an integral part of and, as terms special , will prevail over the General Conditions. Purchase of alcoholic products and beverages The Customer acknowledges and expressly accepts that in order to purchase alcoholic beverages or products containing alcoholic beverages, he must be at least eighteen years of age. Therefore, the Customer, in the act of completing an order that contains alcoholic beverages, expressly declares and guarantees to be of age. CAFFE ’GILLI in any case reserves the right to ascertain the age of the Customer during the order process as well as during the delivery phase. In case of ascertained lack of the aforementioned requirement, Cove reserves the right not to proceed with the Order Confirmation and delivery of the related Product.
3. Purchase procedure
3.1. Each Product offered for sale on the Website can be viewed via a specific link that allows you to view the photographic images of the Product or its packaging, the description, the ingredients, the additional information required by law and the unit price.
3.2 . The Products chosen by the Customer will be included in a specific section (hereinafter referred to as the "Cart").
The description of the Products, together with one or more photographic images will be included in the Customer's Cart.< br /> 3.3. In consideration of the craftsmanship of the Products offered for sale, the Customer acknowledges that the image of the Product published on the Website may not exactly match that of the Product delivered to the Customer. In addition, although CAFFE ’GILLI constantly adopts measures to ensure that the photographs shown on the Website faithfully reproduce the original Products, some variations are always possible due to the technical characteristics and color resolution of the device used by the Customer. Consequently, CAFFE ’GILLI will not be responsible for any differences in the graphic representations of the Products shown on the Website.
3.4. To view the selected Products and the total price of the purchase order, you must access the Shopping Cart page.
The Customer, before confirming his order proposal (hereinafter referred to as the "Order Proposal" ), is required to verify the accuracy of the contents of the Cart and complete the purchase form according to the instructions provided on the Website.
3.5. The purchase procedure ends when the Customer selects the appropriate final order confirmation button (hereinafter referred to as the "Purchase Button"), thus validating his Order Proposal, which will be sent directly to CAFFE 'GILLI
After selecting the Purchase Button, the content of the Order Proposal can no longer be changed by the Customer.
3.6. Before confirming the Order Proposal, the Customer must declare that they have read and accepted these General Conditions of Sale. At the end of the purchase procedure, it is advisable for the Customer to save or print the General Conditions of Sale. 3.7. The purchase procedure must be completed in full; otherwise, the Order Proposal cannot be sent to CAFFE ’GILLI
3.7. Each Order Proposal and the Customer data necessary for the purchase will be archived by CAFFE 'GILLI for the period of time and in compliance with the conditions provided for by current legislation.
3.8. Customers who have registered in the reserved area of the Website will be able to check the status of their order by logging in to this area and entering the page relating to their orders.
3.9. The Customer is aware that he is responsible for the correctness and truthfulness of all data entered on the Website or in any case used during the purchase. 3.11. CAFFE ’GILLI reserves the right to change the Products offered for sale on the Website at any time, without prior notice.
4. Conclusion of the contract
4.1. Following the confirmation of the Order Proposal, the order is sent to CAFFE 'GILLI to be processed and cannot be further modified or canceled.
The Order Proposal issued by the Customer will be taken over by CAFFE' GILLI only if the entire purchase procedure has been completed regularly, without any error being highlighted by the Website.
After making the Order Proposal, the Customer will receive an email with which CAFFE 'GILLI will communicate that it has received the Order Proposal. This email cannot be understood as acceptance of the Order Proposal. The acceptance of the Order Proposal by CAFFE ’GILLI and the conclusion of the contract will take place in accordance with the provisions of point 4.2 below.
4.2. The contract stipulated between CAFFE 'GILLI and the Customer must be considered concluded when the Customer receives a confirmation e-mail from CAFFE' GILLI (hereinafter referred to as "Confirmation Email").
The Confirmation Email will be sent to the address indicated by the Customer in the purchase form and will contain the confirmation and summary of the conditions of the purchase itself, such as: the description of the Product, including all relevant information on the same, the total price of the order , including shipping costs, the address to submit any complaints, information on after-sales assistance services, on the existence of the right of withdrawal and on the relative methods of exercise.
4.3. CAFFE 'GILLI reserves the right not to accept the Order Proposal issued by a Customer in the following cases:
a) unavailability, even temporarily, of the Products included in the Order Proposal;
b) existence of a legal dispute between CAFFE 'GILLI and the Customer relating to a previous order;
c) if the Customer on previous occasions has committed violations of the General Conditions of Sale or has not fulfilled his obligations;
d) if it emerged that the Customer purchases the Products for the purpose of reselling or transferring them for commercial or professional purposes.
In the aforementioned cases, CAFFE ’GILLI will notify the Customer by e-mail, within the next day from the date of effective receipt of the Order Proposal, of any cancellation of the orders received. In this case, no Order Proposal must be considered accepted by CAFFE 'GILLI and no contract must be considered concluded between CAFFE' GILLI and the Customer.
In the case of partial unavailability of the ordered Product, before receiving the Email of Confirmation The Customer will be able to choose whether to receive only the Products available or cancel the order entirely. If the cancellation is only partial, the Customer will only be charged for the amount, including any shipping costs, relating to the Products actually purchased.
5. Price and Method of Payment
5.1. The prices of all Products offered for sale on the Website include VAT.
5.2. These prices will be indicated in Euros (EUR).
5.3. The total amount of the price shown in the cart includes shipping costs, which will be indicated separately.
In any case, CAFFE ’GILLI will ask for the express consent of the customer for any additional additional costs.
5.4. The prices published on the Website and shown on the Shopping Cart will be charged to the Customer upon confirmation of the Order Proposal by selecting the Purchase Button by the Customer, provided that the Products ordered are available at that time.
CAFFE 'GILLI reserves the right to change the prices of the Products offered for sale on the Website at any time and without notice. In the event that a price has been published by mistake in an incorrect way, CAFFE 'GILLI reserves the right not to confirm the order received, not proceeding to the conclusion of the contract and, for the effects, renouncing the sale, in the exercise of the option provided for in point 4.
5.5. CAFFE ’GILLI only accepts credit cards and other payment methods expressly indicated on the Website.
5.6. For the purpose of payment by credit card, the Customer confirms and guarantees to be the holder of the credit card used for the purchase and the correctness of all the data relating to it, entered during the purchase phase, such as: the number, the date expiry date and, if necessary, the security code.
The transaction will be charged to the Customer only after:
(i) the verification of the credit card details, (ii) the receipt of the authorization of debit by the company issuing the credit card used by the Customer and (iii) the confirmation of the availability of the product by CAFFE 'GILLI and in any case after the Order is ready to be processed.
No charge will be made, therefore, made at the time of sending the Order Proposal.
5.7. For the purpose of payment through other payment service providers, the Customer confirms and guarantees to be the owner of the account used for the purchase.
The transaction will be charged to the Customer only after the latter has received the email of Confirmation by CAFFE 'GILLI
5.8. The shipment of the purchased Products will be carried out only after the payment of the amount due by the Customer has been successful.
In the event that, for any reason, the debit of the amounts due by the Customer proves impossible, the the sales process will be automatically canceled and the sale canceled, as per communication that will be sent to the Customer. CAFFE ’GILLI will issue the receipt or purchase invoice for the Products, sending it by e-mail to the holder of the order within 48 (forty-eight) hours of the Order Confirmation. For the issue of the receipt or the invoice, the information provided by the Customer will prevail. No data changes will be possible after the receipt has been issued.
6.1. The Products will be shipped to the address indicated by the Customer in the Order Proposal. Upon delivery of the Products, the signature of the Customer or a designated person will be required.
6.2. For security reasons, CAFFE 'GILLI will not execute any order addressed to a PO box nor will it accept any order in which it is not possible to identify the natural person receiving the order and its address.
6.3 . The Products sold on the Website can be purchased and delivered exclusively in the countries indicated above (article 1.3). Therefore, any Order Proposals with shipments to be made outside these countries will be automatically rejected during the order processing procedure.
6.4. Shipping costs will be expressly indicated, separately from any other cost or expense, at the conclusion of the procedure for completing the Order Proposal and prior to the Customer's selection of the Purchase Button.
6.5. In accordance with current legislation, the maximum term within which CAFFE 'GILLI must deliver the purchased Products, except in cases of force majeure or unforeseeable circumstances, is 1 (one) day from the date of conclusion of the contract.
6.6. If CAFFE 'GILLI does not deliver the Products ordered within the aforementioned deadline, the Customer must ask CAFFE' GILLI to make the delivery within an additional deadline appropriate to the circumstances, in accordance with current legislation. of the Customer to immediately terminate the contract if the ordered Product is not delivered within the additional deadline possibly indicated.
6.7. CAFFE GILLI 'reserves the right to split an order into multiple shipments, according to the availability of the Products. In this case, CAFFE ’GILLI will inform the Customer by e-mail and will be able to charge the Customer the price separately only for the Products actually shipped or in a single solution.
6.8. Upon shipment of the purchased Product, the Customer will receive an e-mail at the address indicated in the Order Proposal. CAFFE ’GILLI Customer Service will provide assistance for any possible problem relating to delivery. The Customer can contact CAFFE ’GILLI Customer Service by e-mail at: shop@caffègilli.con or by telephone at 055 213896
6.9. The Customer will assume the risk of loss or damage to the Products only when the same, or a third party designated by him and other than the carrier, materially comes into possession of these Products.
In the event that, on the contrary , the loss or damage of the Product occurs before the material is delivered to the Customer or to a third party designated by him, CAFFE 'GILLI will send a new Product equal to the one ordered or reimburse the Customer the amounts already paid.
6.10. In the event of non-delivery of the Products, due to the absence of the Customer and / or of a designated person at the indicated address, the courier appointed by CAFFE 'GILLI will contact the Customer in order to make a further delivery attempt within the maximum deadline of 10 minutes.
After this deadline has elapsed without it being possible to deliver the Products due to unavailability / absence of the Customer, the order will be automatically canceled by CAFFE 'GILLI without the latter being held responsible for non-delivery.< br /> In the latter case, taking into account the characteristics of the Products, the risk of alteration / perishability of the same and in order to protect the health and safety of the Customers, the Products will be returned to CAFFE 'GILLI which may retain the amount already paid by the Customer for the shipping cost and for the perishable Products and as such no longer transferable to third parties.
7. Conformity of the Products
7.1. At the time of delivery, the Products must be checked by the Customer in order to ascertain that they correspond to the Products ordered and that they do not show obvious defects or damage to the packaging. The legal guarantees of conformity provided for by current legislation are applicable to the sale of the Products.
7.2. In the event of production defects or lack of conformity, the Customer will have the right to restore, without charge, the conformity of the Product by repair or replacement, unless the requested remedy is objectively impossible or excessively expensive compared to the other. If one of the hypotheses provided for by law occurs, the Customer may request an appropriate price reduction or termination of the contract and the consequent refund of the price paid. It is understood that the Customer loses this right if he does not report the lack of conformity to CAFFE ’GILLI within 2 (two) months from the date on which he discovered the defect. In any case, CAFFE ’GILLI is responsible only for any lack of conformity that occurs within 2 (two) years of delivery of the Product. The direct action to assert the defects is prescribed within 26 (twenty-six) months from the delivery of the Product.
7.3. In order to report the presence of defects and faults in the Products and obtain one of the remedies listed above, the Customer may contact CAFFE ’GILLI at the addresses indicated in the following article 12.
7.4. CAFFE ’GILLI will indicate to the Customer the procedures to be followed, aimed at obtaining the remedies required by law, also taking into account the type of product and its product category.
8.1. Without prejudice to the provisions of Article 8.7, the Customer has the right to withdraw from the contract within 14 (fourteen) days from the date of delivery of the Products.
8.2. To exercise the right of withdrawal, the Customer may send a communication to the email address: shop@caffègilli.com containing the indication of the order and the Product for which the Customer intends to exercise the right of withdrawal by specifying the email address and / or the telephone number to be contacted by the Client Service.
8.3. If the notice of withdrawal has been exercised in accordance with the provisions of the General Conditions of Sale, CAFFE 'GILLI will notify the Customer that it intends to collect the Products and the relative methods, without this entailing any charge towards the Customer. .
In the event that the withdrawal exercised by the Customer concerns the Products referred to in Article 8.7 or has not been exercised in accordance with the General Conditions of Sale, CAFFE 'GILLI will send a specific communication to the Customer of refusal of the withdrawal and will not re-credit the price paid by the same.
8.4. In the event that CAFFE 'GILLI intends to collect the Products, the Customer undertakes to return the Products for which he has exercised the right of withdrawal without undue delay and, in any case, within 1 (ONE) days from the date on which has communicated to CAFFE 'GILLI its decision to withdraw from the contract.
8.5. The Products must be returned in the same state in which they were delivered. The Customer must therefore ensure that the Products are intact and complete, never opened or damaged in any way, and that they are returned in their original packaging.
In consideration of the peculiarities of the Products, CAFFE 'GILLI will check the packaging and the state of the individual Products returned, constituting the substantial integrity of the same essential requirement for exercising the right of withdrawal.
In the event that the package should be damaged, deteriorated or opened, CAFFE 'GILLI will send a specific communication to the Customer and not will proceed to re-credit the price paid by the same.
8.6. The reimbursement of the price of the returned and accepted Products will be made by CAFFE 'GILLI without undue delay and in any case within 7 (SEVEN) days from the date on which CAFFE' GILLI became aware of the Customer's right of withdrawal. .
CAFFE 'GILLI in any case reserves the right to withhold the refund until the Product has been received and verified.
The aforementioned refund will be made by crediting the amount paid by the Customer to be carried out with the same payment method used for the purchase, unless the Customer has expressly agreed otherwise and provided that he does not incur any costs as a consequence of the refund.
CAFFE 'GILLI will confirm to the Customer by e-mail the refund of the price.
8.7. Except as provided for in the previous articles, the right of withdrawal cannot be exercised by the Customer with reference to the following Products:
1. Sealed products, if opened by the Customer;
2. Products which by their nature are subject to perishability and / or alterability of their characteristics and whose return cannot be performed without compromising their integrity and / or causing a deterioration in quality;
3. Personalized and / or tailor-made products for the customer.
8.8. The return of Products pursuant to this article is permitted only in relation to purchases made on the Website.
9. Limitation of Liability
9.1. Apart from cases of willful misconduct or gross negligence, CAFFE 'GILLI will not be liable in any way towards the Customer for indirect or consequential damages that may arise from the purchase of Products offered for sale on the Website.
9.2. CAFFE ’GILLI disclaims any responsibility for the condition of the Products, as a result of improper and / or poor storage of the same by the Customer after delivery.
10. Product quality and intellectual property rights
10.1. CAFFE ’GILLI guarantees compliance with the quality standards of all the Products offered for sale on the Website only up to the time of delivery at the place indicated by the Customer.
11.1. These General Conditions of Sale are governed by Italian law and will be interpreted on the basis of it, without prejudice to any other mandatory rule, more favorable to the Customer, applicable in the country of habitual residence of the Customer.
11.2. In the event of a dispute arising from the interpretation and / or application of these General Conditions of Sale, the Court of the place of domicile or residence of the Customer, if located in the territory of the Italian State, will have exclusive and binding jurisdiction. If the Customer's domicile or residence is located in a territory other than the Italian State, the Customer may, at his choice, appeal to the Court of his place of residence or domicile or the Court of Florence.
Alternatively, the Customer may promote one of the out-of-court dispute settlement procedures provided for by current legislation. To this end, the Customer may use the on-line platform made available by the European Commission, which can be accessed through the website http://ec.europa.eu/odr.
12.1. For any further information, assistance or complaint relating to the Products, the Website or the purchase procedure, and for any other request for information and / or clarification regarding what is reported in these General Conditions of Sale, Customers may send a communication to the following email address: shop@caffègilli.com