Terms

These general terms may be updated or modified at any time by caffenibes.it which will notify it through appropriate communication channels to its customers. The consumer agrees and undertakes, whenever there is a change in the present terms, to providing for their printing and storage.

1. OBJECT AND SETTLEMENT OF THE ON-LINE CONTRACT

By “on-line” purchase contract we mean a distance contract, namely the legal transaction concerning goods and/or services which is stipulated between a supplier, Caffè Nibes, and a consumer and/or customer under a distance-marketing system arranged by the supplier, who, for this contract, exclusively employs the remote communication technology known as “internet”. All contracts, therefore, shall be finalized through direct access by the consumer and/or customer to the website corresponding to the address www.caffenibes.it, where, by following the procedures indicated, they will finalize the contract for the purchase of the good. Caffè Nibes may ask, in its discretion, the consumer and/or customer for an order confirmation. By consumer we mean any natural person who, in contracts for the sale of consumer goods, acts for purposes unrelated to business activity. For distance contracts with consumers, we explicitly refer to the legislation provided for in Section II of Legislative Decree N. 206 of 6 September 2005.

2. SELLING PRICES AND PURCHASE METHODS

All sale prices of the products displayed and indicated on the website, at which the latter are offered to the public pursuant to art. 1336 c.c., are inclusive of VAT and any other taxes. The customer will be charged shipping fees, which are clearly displayed prior to completion of the order and vary according to weight, size and destination (on Italian territory or abroad) of the order; The purchase contract is drawn up through both exact filling out and the consensus expressed by purchasing through “on-line” adhesion, namely by signing the order form attached to the electronic catalog on the website.

The customer may pay the ordered goods by using the on-line payment services indicated upon purchase:

  • - Bank Transfer or Bancoposta
  • - PayPal, through PayPal account Visa, MasterCard or Postepay
  • - Credit cards - Visa, Visa Electron, Postepay, MasterCard, Maestro, Sepa, Sofort

For further information: info@compribene.it

3. AVAILABILITY OF PRODUCTS

The website’s computerized system is designed to ensure immediate processing of orders and avoid unnecessary delays for the customer; in fact, it shows in real time, in its electronic catalog, the physical availability of the product and whether it is unavailable. Should an order exceed the amount present in stock, the computerized system will allow to “check out”, purchase and receive on schedule only the quantities in stock. Product availability is not guaranteed on Saturdays and Sundays, as a website update is not performed. It may occur that two simultaneous orders do not allow a product availability update.

4. CONTRACT EXECUTION AND DELIVERY METHODS

Caffè Nibes will deliver to customers the products selected and ordered, in the manner described in the previous article, either by courier and/or reliable forwarding agents or, at the discretion of the company, directly by the company itself.

4.1

Delivery times will not exceed those provided for by Art. 54 Legislative Decree no. 206/2005 (such deadline will also be applicable to transactions with non-consumers). The delivery date is the date concerning the first attempt, by the courier, of delivering the goods to the address (meaning the main entrance of the building, not the private access to the house), even if the attempt fails due to the absence of the recipient or refusal of goods.

In cases not attributable to Caffè Nibes, where delivery of the goods ordered and shipped fails, the company shall be entitled to a refund of transportation expenses. Such reimbursement operation can also be carried out through partial cancellation of the payment made by credit card.

5. BUYER’S OBLIGATIONS

The consumer and/or customer agrees and undertakes, upon completion of the “on-line” purchase procedure, to either print and keep the present general terms and conditions - which, however, they have already read and accepted as a necessary step upon purchase - as well as the specific features of the product purchased, in order to fully satisfy the conditions set out in Articles. 4, 5, 52 and 53 of Legislative Decree n° 206/2005.

5.1

It is strictly forbidden for the buyer to enter false and/or invented data during the registration process, which is required to provide him with the procedure for the execution of this Agreement and the relative further communications; personal data and e-mail must be absolutely real data, neither of some other person nor invented. The consumer and/or customer authorizes Caffè Nibes and undertakes to provide, upon request, a copy of valid identity papers. The failure by the purchaser to comply with a request for documents, authorizes Caffè Nibes Srl to rescind the contract due to breach. It is expressly forbidden to make multiple registrations of the same person or to enter data belonging to other people. Caffè Nibes reserves the right to prosecute any violation or abuse, in the interest of and for the protection of all consumers.

5.2

The Customer raises Caffè Nibes Srl from any liability arising from the issuing of incorrect financial documents, due to errors in the data supplied by the Customer, being the Client the solely responsible for the correct entry.

6.0

By filling out the appropriate space on the website of the banking system of payment, the consumer and/or client authorize Caffè Nibes Srl to use their credit card, or other cards issued in replacement thereof, and to debit their own bank account with the total amount shown as the cost of the “on-line” purchase in favor of Caffè Nibes. The whole procedure is done via secure connection directly connected to the bank owner and operator of the “on-line” payment service, which Nibes Caffè can not access to. If the consumer were to exercise the right of withdrawal, as stated in paragraph 9 of these general terms, the amount to be refunded would be credited to the same credit card.

6.1

By filling in the data sheet during the registration process required to enable the procedure for the execution of this Agreement and relative further communications, the consumer and/or customer authorizes Caffè Nibes to communicate non-sensitive personal data (residence, address, telephone) to carriers and/or forwarding agents used for the delivery of the goods purchased, in order to allow the procedures necessary for delivery.

7. LIABILITY

Attention: in the months of August/December, due to the reduction in the services provided by couriers and to heavy traffic, shipments may be subject to a 48-72-hour delay compared to the scheduled delivery; however, shipments will always be monitored to ensure a speedy delivery.

The consumer and/or customer, from the moment they receive damaged goods or request the carrier a redelivery, have direct and exclusive action against the carrier itself. The latter is also responsible for late delivery of the goods to the consignee. Caffè Nibes Srl, in such cases, shall be considered free of any liability for loss or failure (damage) of the goods, from the time when these are delivered unconditionally to the carrier for transport.

7.1

In the event of damaged packaging, the Customer has responsibility for making reservations about the products transported upon redelivery under penalty of forfeiture.

In case of partial loss or damage, not identified at the time of redelivery, the consumer and/or customer must notify the carrier, under penalty of forfeiture, about the damage just identified and no later than eight days from receipt by registered letter with return receipt (Art. 1698 c.c.)

7.2

Caffè Nibes Srl is not responsible for any fraudulent or illegal use that may be made by third parties, of credit cards, checks and other means of payment, when purchasing products, as the company is at no time part of the procedure.

7.3

The images of the products published on the website are purely indicative. In the absence of specific indications in the order notes, any lack of purchasing compliance cannot be complained about.

8. RIGHT OF WITHDRAWAL

Rules on the right of withdrawal are contained in Articles 64/67 of Legislative Decree. N. 206/2005 (Consumer Code). The “consumer”, who for whatever reason is dissatisfied with the purchase, has the right to withdraw from the contract without penalty and without giving any reason, within 14 working days of receipt, as regards the goods, and following the conclusion of the “on-line”contract as regards services.

This right may be exercised only by consumers, therefore all purchases made for purposes unrelated to entrepreneurial or professional activity, namely when you enter a reference to VAT in the appropriate order form, do not enjoy such right. The consumer may exercise the right of withdrawal by making a specific claim or by sending a notice via e-mail info@compribene.it. All costs for returning the products are specifically charged to the consumer, who, through their own carrier, will forward them to the logistics facility of Caffè Nibes, following irrevocable return authorization by Caffè Nibes. Caffè Nibes will not refund the customer for the costs incurred in sending the material when placing the order. It is understood that the risks of transport for the return of the items are charged to the consumer.

All items must be received in the same conditions of receipt, unused and fully intact, with their original packaging and any manuals, with nothing missing. The consumer may not exercise this right for tailored or clearly customized products or which, by their very nature, cannot be returned or are likely to deteriorate or expire rapidly.

The return of the product for which you have requested and obtained the withdrawal after the aforesaid deadline, invalidates such right with simultaneous rejection of redelivery. The right of withdrawal lapses in its entirety when the “essential condition of integrity” (packaging and/or its contents) is lacking, in those cases where Caffè Nibes establishes that: the outer/internal packaging is missing; the absence of integral product parts (accessories, cables, manuals, parts, ...); an improper use such as to make it impossible to restore the item to its original conditions.

Caffè Nibes will accept the returned goods reserving to verify that the products have been returned in their original condition and with sealed packaging. It is appropriate to cover the original wrapping of the product with another protective packaging that preserve its integrity and also protect it from writing or special labels attached. Just then, it will submit the amount paid by the consumer within the legal deadline provided for (14 dd.). Caffè Nibes will credit the amount through cancellation of the payment made by credit card or bank transfer. In the latter case, Customers must notify their bank details (Cod. ABI - CAB - Checking Account of the purchaser or PayPal details) to receive a refund. In case of forfeiture of the right, the Compribene shall return to the sender the item purchased, by charging the shipping costs to the addresser.

Address for returned goods:

Compribene Srl - via Peschiere 40/E - Osasio (To) - cap 10040 (valid for couriers – if you want to use different couriers or methods, please contact us via email)

NOTICE:

The right of withdrawal fully lapses due to the lack of the essential integrity condition of the goods (packaging and/or its contents), in those cases where Caffè Nibes establishes:

  • Use even partial of the goods
  • Damage to the product for reasons other than transportation

In the above cases, Caffè Nibes shall return the item purchased to the sender, by charging shipping costs to the latter. Companies and professionals with a VAT number cannot exercise such right. For more information, it is possible to consult the legal text available on the Ministry of Economic Development.

10. COMPLAINTS

Any complaint must be submitted online using the appropriate e-mail info@compribene.it

The Client shall receive an e-mail confirming the opening of the complaint within three working days; the said notification will also provide instructions for setting the procedure and submit requests for clarification or documentation. In accordance with current regulations, the Client/Consumer, in case of a complaint filed after six months of the product delivery, will have to provide documents proving that the defect existed at the time of delivery. As for complaints submitted within six months of delivery, Caffè Nibes Srl reserves the right to verify the existence of the defect complained of by the Customer/Consumer, to be carried out in the relative support center used by the seller, before granting the requested remedy or the alternative one provided for by law.

11. CONTRACT TERMINATION AND EXPRESS TERMINATION CLAUSE

Caffè Nibes Srl has the right to terminate the contract by simply notifying the consumer and/or customer with adequate and justified reasons; in such case, the customer shall only be entitled to a refund of the amount already paid.

11.2

The obligations undertaken by the customer in art. 5 (Purchaser Obligations), as well as the guarantee of successful payment made by the customer through the methods indicated in art. 2, are essential, so that by express agreement, any non-compliance, by the consumer and/or client, with just one of the said obligations, shall determine by right the resolution of contract ex art.1456 c.c., without any pronouncement by a court, except for the right for Caffè Nibes to take legal action for further damage compensation.

12. TRANSFER AND PROCESSING OF PERSONAL DATA

Personal data is collected for the purpose of registering the customer and provide him with the procedures for the execution of this contract and the relative necessary communications; these data are processed electronically in compliance with laws and can be produced only at the request of the judicial authority or other lawfully entitled authorities. Personal data will be disclosed to third parties, who carry out activities necessary for the execution of the contract, and used exclusively for that purpose.

The Customer expressly undertakes to provide Caffè Nibes with a copy of identification documents deemed necessary for the purpose of any investigation. Failure to comply with this request authorizes Caffè Nibes for immediate contract termination due to breach. Processing takes place, even with the help of electronic means, in accordance with the modalities that Article 11 of Legislative Decree no. 196, June 30, 2003 guarantees to the user and, in general, by protecting their rights, fundamental freedoms and dignity, with particular reference to privacy and personal identity. Processing will take place for a period of time no longer than is strictly necessary for the fulfillment of the purposes above-mentioned. Personal data are not disclosed to third parties.

A cancellation request of your personal data is subject to sending a written communication by e-mail (info@compribene.it) or by post to Caffè Nibes Srl company office, Strada Mongina 4 - Cap 10024 - Moncalieri (TO). Owner and responsible for the collection and processing of personal data is Caffè Nibes.

13. JURISDICTION AND COMPETENT COURT

Any dispute regarding the application, execution, interpretation and violation of purchase contracts, stipulated “online” via the website, is subject to Italian jurisdiction; except for cases provided by Article. 63 of Legislative Decree. N. 206/2005, any dispute between the parties regarding the application, execution, interpretation and violation of this contract, shall be settled exclusively by the Court of Turin.