Terms and conditions
CONDITIONS OF SALE FOR THE END-CUSTOMER/PRIVATE CUSTOMER PORTAL
Erreholding srl a socio unico with registered office in 24126 Bergamo, via San Giovanni Bosco, 50 is the user company of the Kaffito brand and intends to sell the “products” present on the e-commerce portal accessible at the link www.kaffito.it through the Internet. The Conditions of Sale, henceforth CV applicable are those in force at the time the order is placed.
CONTRACTORS
The purchasers of the distance selling service are Consumers, understood as natural persons acting for purposes other than their own commercial, entrepreneurial or professional activity, and Professional Customers, understood as legal persons, entrepreneurs and any other subject with a VAT number. The CVs are an integral part of any proposal, purchase order and purchase order confirmation of the Products marketed through kaffito.it, in force on the date of the relative order. The CVs refer to the sale to a purchaser as specified above.
CONCLUSION OF THE CONTRACT
All contracts are concluded exclusively with access by the purchaser to the payment masks on the kaffito.it website following the release of all the required data. The product information provided on the Site is constantly updated. However, it is not possible to guarantee the complete absence of errors. The images of the products may not be perfectly representative of their characteristics but may differ in terms of colour, size, and accessories represented.
Erreholding srl a socio unico reserves the right to correct errors, inaccuracies or omissions even after an order has been sent and also to change or update information at any time without prior notice to the Customer.
SHIPPING
Once the purchase procedure has been completed and the contract finalised, Erreholding srls a socio unico will dispatch the goods in an average of 3/5 days through leading national couriers and in any case in a maximum of 30 working days. The courier is responsible for the delivery. Erreholding srsl a socio unico undertakes to collect any reports of non-delivery or delayed delivery of the products through the Customer Service available at the email address indicated on the website and, if necessary, to assist the purchaser to protect their rights. In particular circumstances, Erreholding srsl a socio unico may not be able to ensure the availability of all the products offered and ordered, and in this case cannot be held responsible in any way. Without prejudice to the right of withdrawal, by sending the order the Customer accepts, by giving consent in accordance with the provisions of the Consumer Code, even a possible partial delivery, limited to the products available within those ordered, as well as renouncing to request any compensation and/or indemnity or to take any action of judicial or extrajudicial responsibility, contractual or non-contractual also for direct or indirect damage to persons and/or things caused by the non-acceptance of an order.
PRICES
All sales prices of the Products indicated on the Portal are in Euros. Unless otherwise indicated, the prices of the Products are inclusive of VAT and all other taxes. The prices of the single Products, from time to time indicated on the Portal, cancel and replace the previous ones.
DELIVERIES – WITHDRAWAL
The goods are collected or delivered sight unseen. By signing the courier’s document, the Customer certifies the integrity of the product and the conformity of the delivery. It is up to the Customer to check, at the time of delivery or collection, any damage or tampering to the packaging and/or the product or the mismatch in the number of packages. He must also promptly report any differences between the product and the one ordered. In the event of anomalies, the Customer must immediately dispute the goods, expressly specifying that the collection is “subject to verification” of the contents. Otherwise the goods shall be considered “perfectly and integrally received”.
In addition, the Customer shall inform Erreholding srsl a socio unico of the anomalies found – by e-mail – within and not later than 8 (eight) days, to be considered an essential and mandatory term, starting from the date of receipt or withdrawal of the products themselves, keeping the invoice and any waybill of the courier. The Customer is also obliged to return the product affected by anomalies in its original packaging intact in all its parts, with all components, elements, accessories, packaging materials, boxes, documentation and/or other objects, failing which the product shall not be replaced. Food products whose packaging has been opened, even partially, are in no way refundable. The right of withdrawal is not applicable. In order to protect our customers and for hygienic reasons, it is not possible to return food products for which adequate conservation cannot be guaranteed.
Article 59 of Legislative Decree 21 February 2014 no. 21 -implementing Directive 2011/83/EU on consumer rights, amending Directives 93/13/EEC and 1999/44/EC and repealing Directives 85/577/EEC and 97/7/EC- indicates that the right of withdrawal does not apply to contracts for the supply of foodstuffs, beverages or other goods for domestic use of current consumption. In particular for the supply of goods that are liable to deteriorate or expire. HACCP rules on food storage also require identification of the food chain. The holding of goods by the customer interrupts the traceability of the food chain, making returned goods unmarketable, even if they are totally intact. Such goods would in fact be destined for landfill.
DISPUTES
Any dispute relative to the application, execution, interpretation and violation of the contract stipulated online by the Consumer with Erreholding srsl a socio unico, is subject to Italian jurisdiction. The Court of Bergamo shall be competent for any dispute between the parties. Any arbitration procedure is excluded. Any dispute relating to the application, execution, interpretation and breach of the contract stipulated online by the Professional with Erreholding srsl a socio unico, is subject to Italian jurisdiction and the Court of Bergamo is competent.
For anything not expressly indicated, reference is made to the text of the law available on the Ministry of Economic Development website.
ONLINE DISPUTE RESOLUTION
Pursuant to and for the purposes of Article 14 of EU Regulation No. 524/2013, we inform consumers residing in the States belonging to the European Union that for the resolution of disputes relating to this contract and to the online services offered by this website, there is the possibility of resorting to the Online Dispute Resolution (ODR) procedure, provided for by the European Commission, and accessible at the following link: https://webgate.ec.europa.eu/odr/.
In compliance with the provisions of the aforementioned regulations, we also inform you that the e-mail address is info@kaffito.it.