TERMS & CONDITIONS
Information pursuant to Chapter I, Title 3, Part 3, of Legislative Decree 206/2005 and subsequent amendments and additions
1. INTRODUCTION AND EFFECTIVENESS OF THE TERMS & CONDITIONS
These general conditions of sale of our online store (hereinafter the “Terms & Conditions“) concern the regulation of the purchase of products and services, made at a distance and made available, via the internet, from the site www.essense.coffee (hereinafter , the “Site”) in compliance with Italian law pursuant to Legislative Decree 206/2005 and subsequent amendments and additions (hereinafter “Consumer Code”).
The seller of the products and owner of the Site is BERNARDI srl with registered offices in Via Caduti sul Don, 1 – 12020 Villar San Costanzo (CN), C.F / P.I. IT 01751680040 and registration in the Registro Imprese of Cuneo REA CN – 134364- E-mail address: email@example.com (hereinafter “Essense“).
The consumer who accesses the Site to make purchases (hereinafter “Customer“) is required, before sending the order, to carefully read these terms & conditions which have been made available to him on the Site and which will be available at any time to the Customer also through the link contained in the e-mail confirming each order to allow it to be reproduced and stored.
The contracts concluded with Essense through the Site are governed by these Terms & Conditions in compliance with Italian law. The languages available to conclude the contract are Italian and English.
2. CHOOSING AND ORDERING THE PRODUCTS
The characteristics and the price of the various products on sale on the Site (hereinafter “Product” or “Products“) are shown on the page relating to each Product.
By sending the order from the Site, which has the value of a contractual proposal, the Customer acknowledges and declares to have read all the indications provided during the purchase procedure and to fully accept these transcribed General Conditions and payment terms.
The contract stipulated between Essense and the Customer shall be considered concluded with the acceptance of the order by Essense. This acceptance is communicated to the Customer via an order confirmation email containing a reference to these Terms & Conditions, the order number, the shipping and billing information, the list of Products ordered with their essential characteristics and the total price, including delivery costs. The Customer will check the confirmation email and if he identifies errors in the order he will have 2 hours from the receipt of this email to contact Customer Service directly from the Site using the contact form accessible via the “Contacts” tab. After this deadline, the order will be processed for shipment and no changes will be accepted, without prejudice to the rights of the Customer referred to in article 7 below.
Once the order has been received, Essense will check the availability of the stock to fulfill the order. In the event that one or more Products are not available, the Customer Service will promptly send an e-mail notification to the Customer who, within the following 12 hours, will have the right to reply to confirm the shipment of any other available Products or cancel it. In case of no reply within this deadline, the order will be considered confirmed and the available Products will be shipped. If only a few Products are not in stock, Essense will process the order with the available Products, providing prompt communication to the Customer and integrating the shipment as soon as the remaining Products are available.
3. PRODUCT INFORMATION
The information and characteristics relating to the Products are available, with the relevant Product codes on the Website.
The visual representation of the Products on the Site, where available, normally corresponds to the photographic image and is accompanied by the description. It is understood that the image of the Products themselves has the sole purpose of presenting them for sale and may not be fully representative of its features and quality but may differ in color and size. In case of difference between the image and the written product sheet, the description of the product sheet always prevails.
4. PRICING AND SHIPPING
4.1 PRICING AND SHIPPING (ITALY AND EU COUNTRIES)
All prices are expressed in Euros. Product prices include all taxes and duties (VAT included) net of shipping costs. In Italy and in the 28 European Union countries shipping is free for orders over € 59, for lower amounts the cost of shipping may vary depending on the type of delivery, the number of products to be shipped, their volume, weight and location destination; in any case they will be highlighted in the Checkout phase, before sending the order and entering the payment data.
4.2 PRICING AND SHIPPING (NON-EU COUNTRIES)
For purchases from non-EU countries, product prices do not include taxes and duties. The products may be subject to import taxes and/or customs duties depending on the type of product and the country of destination.
It is not possible to predict in any way whether and what costs will be incurred for the customs clearance of the goods. In all cases, any costs related to import taxes and/or customs duties will be charged to the customer.
The products do not include shipping costs. These may vary depending on the type of delivery, the number of products to be shipped, their volume, weight, and place of destination; in any case, they will be highlighted in the Checkout phase, before sending the order and entering the payment data.
5. PAYMENT AND INVOICING METHODS
5.1 PAYMENT METHODS
The Customer can pay the price of the Products and the delivery costs by credit card, PayPal and Satispay.
• Credit Card
The accepted credit cards in the site are:
Visa / Visa Electron
To ensure maximum security, the Customer will make the payment directly on the bank’s secure server.
The Site does not memorize the Customer’s credit card number, but thanks to the protected communication system of the credit institution, from the second expense, the Customer who wishes – by selecting the appropriate option – can proceed with the purchase without re-entering their data. The reference credit institution uses the SSL protocol to encrypt the data transmitted between its server and the Client’s browser.
Once the order is confirmed, the Customer will be redirected to the PayPal site where they can make the payment with their account or using a card, also prepaid, or in any case, according to the methods accepted by PayPal and in compliance with the relative conditions.
The Customer must enter the mobile number connected to his Satispay account and will automatically receive a notification from the Satispay app on their smartphone from which they will be able to confirm the payment with a click.
5.2 ORDER INVOICING
All purchases made on the Site will be documented with the issue of an invoice. To this end, the Customer is required to communicate their billing information at the time of checkout as well as being responsible for the correct entry of the aforementioned data. A copy of the invoice will be sent by e-mail to the Customer.
6. SHIPPING AND DELIVERY
The Products purchased on the Site will be delivered to the address indicated by the Customer during the purchase procedure in the “Shipping Information” field.
All purchases will be delivered by courier (hereinafter, “Courier“) from Monday to Friday, excluding holidays and national holidays. Essense is not responsible for unforeseeable delays.
Once the Products have been shipped, the Customer will receive a confirmation email which will include a link to refer to for the tracking of the shipment.
In any case, except in cases of force majeure or unforeseeable circumstances, the ordered Products will be delivered within a period of 15 (fifteen) working days starting from the day after Essense has confirmed the order to the Customer via an e-mail of order confirmation.
Shipments will be made with different couriers depending on the country of destination in order to ensure the customer the best available rate.
Countries where the service is available: Italy, Austria, Belgium, Bulgaria, Croatia, Denmark, Estonia, Finland, France, Germany, Greece, Ireland, Latvia, Lithuania, Luxembourg, Holland, Poland, Portugal, Principality of Monaco, United Kingdom , Czech Republic, Romania, Slovakia, Slovenia, Spain, Sweden, Switzerland, Norway, Hungary, United States, Canada, Hong Kong, Singapore, Australia, Japan.
For some countries there will be limitations of products or variants, in any case, any products not available for certain countries will not be viewable and cannot be inserted into the shopping cart once the country of delivery has been correctly selected by a specific item in the menu.
7. RIGHT OF WITHDRAWAL
The Customer has the right to withdraw from the purchase contract for any reason, without needing to provide explanations and without any penalty, except in the cases of exclusion provided for in the following point IV. To exercise this right, the Customer must send Essense a communication within 14 days from the date of receiving the Products using the form that can be downloaded here or, if he intends to exercise the withdrawal before receiving the Products, the withdrawal notice may be sent in any moment before receiving them.
This communication must be sent by a registered letter with return receipt addressed to:
To the C.A. Returns and Refunds Office – Essense
Via Caduti sul Don, 1
12020 Villar San Costanzo (CN)
or by email to firstname.lastname@example.org
The right of withdrawal is governed by the following conditions:
- The right applies to the Product purchased in its entirety; therefore, if the Product is composed of several components or parts, it is not possible to exercise the withdrawal only on part of the purchased Product.
- In the event of exercising the right of withdrawal, Essense will reimburse the customer the full amount of the returned goods, including shipping costs where applicable, within 14 days from the date on which the withdrawal notice was received, without prejudice to Essense’s right to suspend payment of the reimbursement until the goods are actually received. The refund will be made using the same payment method used by the Customer, unless the latter has expressly requested a different method.
III. Also in order to be able to guarantee the return free of charge pursuant to article 8 below, the Products must be returned in the same box in which they were received.
- The right of withdrawal is excluded in the following cases, pursuant to art. 59 Legislative Decree 21/2014:
– orders of made-to-measure or clearly personalized products;
– orders for Products that are likely to deteriorate or expire rapidly;
– orders for sealed products that do not lend themselves to being returned for hygienic reasons or connected to health protection or that have been opened after delivery.
With reference to the cases of exclusion of the withdrawal listed above, the Customer, in particular, is informed and accepts that all the Products (including coffee) are included among the Products that “risk to deteriorate or expire rapidly”, as the characteristics and qualities of these types of Products are subject to alteration also as a consequence of inappropriate storage. Therefore, for hygienic and customer protection reasons, the right of withdrawal is only applicable for the Products purchased on the Site that can be returned to Essense and put back on the market without danger to the health of consumers (such as for example brewing equipment, books , gadgets, kitchen utensils, etc.).
In the given event of exclusion of the right of withdrawal, Essense will proceed return the purchased Products to the Customer, charging the shipping costs to the Customer.
8. FREE RETURNS IN CASE OF EXERCISE OF THE RIGHT OF WITHDRAWAL
As a most favorable condition for the Customer, Essense will fully absorb the shipping costs for the return of the Products in case of the exercise of the right of withdrawal.
In order to benefit from this free shipping, the Customer who intends to exercise the right of withdrawal must follow the procedure indicated in the previous article 7 and wait to be contacted by Essense to arrange the return of the Products to the courier.
9. WARRANTY AND DEFECTS COMPLIANCE
In case of defects of the Products sold by Essense, the Customer must immediately contact Customer Service using the contact form accessible on the Site through the “CONTACT” tab.
The sale of the Products is subject to the legal guarantees provided for in articles 129, 130 and 132 of the Consumer Code. The customer has the right, at his choice and on condition that the type of product allows it, to restore, without charge, the product by repair or replacement, or to an adequate price reduction or termination of the contract. The Customer loses these rights if he does not report to Essense the lack of conformity within two months from the date on which he discovered the defect, provided that it is not a Product that by its nature is perishable or subject to expiry in a shorter term, in which case the defect must be reported within this reduced period.
10. ERRORS AND LIMITATIONS OF LIABILITY
The information relating to the Products provided through the Site is constantly updated. However, it is not possible to guarantee the complete absence of errors, for which Essense cannot be held responsible, except in cases of willful misconduct or gross negligence.
Essense reserves the right to correct errors, inaccuracies or omissions even after an order has been sent, or to modify or update the information at any time without prior notice, without prejudice to the Customer’s rights pursuant to these Terms & Conditions and the Consumer Code.
Except in the case of willful misconduct or gross negligence, any right of the Customer to compensation for damages or compensation, as well as any contractual or extra-contractual liability for direct or indirect damage to persons and / or property, caused by the non-acceptance or evasion, even partial of an order, is excluded.
Any complaint must be forwarded to Essense by using the contact form accessible directly on the Site via the “CONTACT” tab, or by calling 0171902352, active from Monday to Friday, from 9.00 to 17.00, excluding holidays, or by registered letter to the following address:
To the C.A. Returns and Refunds office – Essense
Via Caduti sul Don, 1
12020 Villar San Costanzo (CN)
Essense undertakes to respond to all requests received within a maximum of 7 working days.
12. ONLINE RESOLUTION OF CONSUMER DISPUTES (ADR & ODR)
According to Article 49 paragraph 1 letter V of the Legislative Decree 6 September 2005 n. 206 (Consumer Code) the customer can use the Joint Conciliation procedure. The Procedure can be started if the consumer, after having lodged a complaint with the company, within 45 days, has not received a reply or has received a reply not deemed satisfactory by him/her.
The customer who decides to make use of the Joint Conciliation procedure is obliged to send the request to the address: email@example.com or to the fax number 02/87181126. For more information, please visit: http://www.consorzionetcomm.it/Spazio_Consumatori/Conciliazione-Paritetica/La-Conciliazione-Paritetica.kl
According to the art. 14 of the Regulation 524/2013 informs the user that in the event of a dispute, they can submit a complaint via the European Union’s ODR platform, which can be reached at the following link http://ec.europa.eu/consumers/odr/. The ODR platform is an access point for users who wish to settle disputes arising from sales contracts or online services in an extra-judicial way.
13. APPLICABLE LAW & JURISDICTION
The sales contract between the Customer and Essense is intended to be concluded in Italy and governed by Italian law. For the resolution of disputes relating to the interpretation, execution or termination of these Terms & Conditions or individual purchase orders if the Customer is a consumer within the meaning of the Consumer Code, the court of his municipality of residence or domicile if located in the Italian territory; in all other cases, the territorial jurisdiction is exclusively that of the Court of Cuneo, any other competent court excluded.
Pursuant to Article 1341 of the Civil Code the Customer declares to have read and specifically accepted the following articles of these Terms & Conditions: 6 (liability for delays in delivery), 10 (power to correct errors – exclusions of responsibility).
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