GENERAL CONDITIONS OF SALE

IN FORCE FROM 06/30/2022

Premise

This information is provided for the site “https://coffeepusher.it/” ( Site ) owned by Rivomagno SRL, with registered office in Catania, Via Rosso di san Secondo, 21 95128 Catania CT ( Company ).

Art. 1. Scope of application

1.1 Any sale on the Site constitutes a distance contract governed by Chapter I, Title III (articles 45 et seq.) of Legislative Decree 6 September 2005, n. 206 ( Consumer Code ) and by Legislative Decree 9 April 2003, n. 70, containing the regulation of electronic commerce.

1.2 The General Conditions of Sale apply to all sales made by the Company on the Site. The terms indicated are to be understood as working days, therefore excluding Saturdays, Sundays and national holidays.

1.3 The General Conditions of Sale can be modified at any time. Any changes and/or new conditions will be in force from the moment of their publication on the Site. You are therefore invited to regularly access the Site and to consult, before making any purchase, the most updated version of the General Conditions of Sale.

1.4 The applicable General Conditions of Sale are those in force on the date of sending the purchase order.

1.5 These General Conditions of Sale do not regulate the sale of products and/or services by parties other than the Company who may be present on the Site via links, banners or other hyperlinks. Before carrying out commercial transactions with these entities it is necessary to check their conditions of sale. The Company is not responsible for the provision of services and/or the sale of products by such entities. The Company does not carry out any checks and/or monitoring on the websites that can be consulted via these links. The Company is therefore not responsible for the contents of such sites nor for any errors and/or omissions and/or violations of the law on their part.

1.6 You are required to carefully read these General Conditions of Sale as well as all the other information that the Company provides on the Site, even during the purchase procedure, and in the case of purchase accept the general conditions of sale and the refund or exchange methods.

Art. 2. Purchases on the Site

2.1 The purchase on the Site

  • it can also happen without registering on the Site
  • it is permitted to users who have the status of consumers.

2.2 Pursuant to art. 3, I paragraph, letter. a) of the Consumer Code, please note that consumers are natural persons who, in relation to the purchase of the Products, act for purposes unrelated to any entrepreneurial, commercial, professional or artisanal activity carried out.

2.3 In the case of orders, from anyone, which are anomalous in relation to the quantity and/or frequency of purchases, the Company reserves the right to take all the actions necessary to put an end to the irregularities.

2.4 The Company reserves the right to refuse or cancel orders that come from:

  • by a user who has previously violated the General Conditions of Sale.
  • by a user who has provided false, incomplete or otherwise inaccurate identification data or who has not promptly sent the Company the documents requested by it or who has sent invalid documents

Art. 3. Registration on the Site

3.1 To register on the Site you must complete the appropriate form, entering the following data:

  • first name
  • surname
  • e-mail
  • password
  • residential address
  • telephone.

3.2 You undertake to immediately inform the Company if you suspect or become aware of improper use or improper disclosure of your access credentials to the Site.

3.3 The user registered on the Site guarantees that the personal information provided by him/her is complete and truthful and undertakes to keep the Company harmless and indemnified from any damage, compensation obligation and/or sanction deriving from and/or in any way connected to the violation by part of the user of the rules on registration on the Site or on the conservation of registration credentials and/or from the provision of false, incomplete or otherwise inaccurate personal data, without prejudice to the Company's right to proceed with disabling the user's account.

Art. 4. Information aimed at the conclusion of the contract

4.1 In compliance with Legislative Decree 9 April 2003, n. 70 containing provisions on electronic commerce, the Company informs you that:

  • to conclude a purchase contract on the Site, you must complete an order form in electronic format and send it to the Company, electronically, following the instructions that appear from time to time on the Site
  • the contract is concluded when the order form reaches the Company's server
  • once the order form has been received, the Company will send you the order confirmation containing:
    • information relating to the characteristics of the purchase
    • the indication of the price
    • the indication of the means of payment used.

Art. 5. Availability of Products

5.1 The Products offered on the Site are limited in number. It may therefore happen, also due to the possibility that multiple users purchase the same Product at the same time, that the ordered Product is no longer available following the transmission of the purchase order.

5.2 The Site contains information relating to the availability of each Product.

5.3 You will be informed in the event of unavailability of the Product ordered. In this case you will be entitled to terminate the purchase contract pursuant to and for the purposes of the provisions of the art. 61, IV and V paragraphs of the Consumer Code.

5.4 Alternatively, you may accept:

  • if a restocking is possible, an extension of the delivery terms, offered by the Company, with indication of the new delivery term.

5.5 If a refund of the amount paid for the purchase of Products which later turned out to be unavailable is requested, the Company will refund the refund within a maximum of 10 days.

5.6 In the event that you exercise the right of termination referred to in the art. 61, IV and V paragraphs, Consumer Code, the contract is terminated; in the event that the payment of the total amount due, consisting of the price of the Product, the shipping costs, if applied, and any other additional costs, as resulting from the order ( Total Amount Due ) has already occurred, the Company will refund the Total Amount Due pursuant to the provisions of the "Payment Method" article below.

Art. 6. Information sheet

6.1 Each product is accompanied by an information page that illustrates its main characteristics ( Information Sheet ). The images and descriptions on the Site reproduce the characteristics of the Products as faithfully as possible. The colors of the Products, however, may differ from the actual ones due to the settings of the information systems or computers used by you to view them. Furthermore, the Product images present in the Information Sheet may differ in size or in relation to any accessory products. These images must therefore be understood as indicative and with the tolerances of use.

Art. 7. Prices

7.1 All prices of the Products published on the Site are inclusive of Value Added Tax.

7.2 The Company reserves the right to change the price of the Products at any time, without notice, it being understood that the price charged to you will be that indicated on the Site at the time the order is placed and that any variations will not be taken into account. (increasing or decreasing) following the transmission of the same.

7.3 Shipping costs, if any, are expressly and separately indicated in the order form, before the user proceeds with the transmission of the same.

Art. 8. Purchase orders

8.1 The Company will ship the Products only after receiving confirmation of payment authorization or crediting of the Total Amount Due. Ownership of the Products will be transferred to you at the time of shipment, to be understood as the moment of delivery of the Product to the carrier. The risk of loss or damage to the Products, for reasons not attributable to the Company, however, will be transferred to you when you, or a third party designated by you and other than the carrier, physically comes into possession of the Products.

8.2 The purchase contract is definitively conditional on non-payment of the Total Amount Due. Unless otherwise agreed in writing with you, the order will be consequently cancelled.

Art. 9. Payment methods

9.1 The following payment methods are permitted on the Site:

  • Payment card
  • PayPal
  • Bank transfer

9.2 The Company accepts credit cards from the following circuits:

  • VISA
  • MasterCard (Cirrus Maestro)
  • PostePay
  • American Express
  • V-Pay
  • more in update

They are, in any case, indicated in the footer of each page of the Site.

On the Site you will have the possibility to authorize the storage of the payment card data entered and their reuse for the payment of subsequent purchases on the Site. You may revoke the authorization to reuse the payment card data for subsequent purchases by following the instructions on the Site.

The debit will be made only after (i) the details of your payment card used for the payment have been verified and (ii) the company issuing the payment card used by you has issued the debit authorization.

The confidential data of the payment card (card number, holder, expiry date, security code) are encrypted and transmitted directly to the payment manager without passing through the servers used by the Company. The Company therefore never has access to and does not store, even if you choose to store such data on the Site, the data of your payment card used to pay for the Products.

The charge will be made when the order is placed.

9.3 On the Site it is also possible to make purchases using the PayPal payment solution. If you choose PayPal as a means of payment, you will be redirected to the website www.paypal.it where you will make the payment according to the procedure established and regulated by PayPal and the terms and conditions of the contract agreed between the user and PayPal. The data entered on the PayPal website will be processed directly by PayPal and will not be transmitted or shared with the Company. The latter is therefore not able to know and does not store in any way the data of the payment card connected to your PayPal account or the data of any other payment instrument connected to this account.

In the case of payment via PayPal, the Total Amount Due will be debited by PayPal upon conclusion of the contract via the Site. In the event of termination of the purchase contract and in any other case of reimbursement, for any reason, the amount of refund due to you will be credited to your PayPal account. The crediting times on the payment instrument connected to this account depend exclusively on PayPal and the banking system. Once the credit order has been placed in favor of this account, the Company cannot be held responsible for any delays or omissions in crediting the refund amount, to dispute which you must contact PayPal directly. Any type of refund to be made pursuant to these General Conditions of Sale will be credited to your PayPal account.

9.4 In the event that you choose bank transfer as the payment method, we ask you to contact us via live chat, via social media or via email in order to provide you with all the payment data and receive all the shipping data.

In the case of payment by bank transfer, the delivery times of the Product indicated in the Product Sheet and/or on the Site will start from the date of receipt of the bank transfer by the Company and not from the date of transmission of the order, as happens in the case of which you choose other payment methods.

Please indicate the following data in the bank transfer reason:

  • name and surname of the order holder, if different from that of the holder of the current account from which the transfer comes.

From sending the order you must arrange payment within 1 working day. Failing this, the Company reserves the right to cancel the order within the following 3 working days.

Art. 10. Delivery of the Products

10.1 There are no limitations on delivery, except in the cases indicated on the Site and/or in the Product Sheet.

10.2 Delivery is subject to charges for orders less than or equal to €90.00; for higher amounts, delivery is free.

10.3 Starting from the date of sending the order, the Products will be delivered within 10-20 days. In the event of failure to indicate a specific delivery term, it will take place, in any case, within thirty days from the date of conclusion of the contract.

10.4 It is up to you to check the conditions of the delivered Product. Without prejudice to the fact that the risk of loss or damage to the Product, for reasons not attributable to the Company, is transferred when you, or a third party designated by you and other than the carrier, physically comes into possession of the Product, the Company recommends that you check the number of Products received and that the packaging is intact, not damaged, wet or otherwise altered, even in the closing materials and you are invited, in your interest, to indicate any anomalies on the carrier's transport document, accepting the package with reservation . In the event that the packaging shows obvious signs of tampering or alteration, it is advisable to promptly notify the Company. In any case, the application of the rules regarding the right of withdrawal (if existing for the Product) and the legal guarantee of conformity remains unchanged.

Art. 11. Right of withdrawal

11.1 In the event of a purchase on the Site, unless otherwise indicated, you do not enjoy the right of withdrawal provided for by the art. 52 of the Consumer Code with reference to the Product or Products indicated in this article. In fact, on the Site are: sold goods made to measure or clearly personalized, sold sealed goods that are not suitable for return for hygienic reasons or related to health protection, products on sale or on offer.

Art. 12. Legal guarantee

All Products sold on the Site are covered by the Legal Guarantee of Conformity provided for by the articles. 128-135 of the Consumer Code ( Legal Guarantee ).

To whom it applies

The Legal Guarantee is reserved for consumers. It, therefore, applies only to users who have made a purchase on the Site for purposes unrelated to any entrepreneurial, commercial, artisanal or professional activity carried out.

When it applies

The Company is responsible towards the consumer for any lack of conformity of the Product which occurs within two years of such delivery. The lack of conformity must be reported to the seller, under penalty of forfeiture of the guarantee, within two months from the date on which it was discovered.

Unless proven otherwise, it is presumed that defects of conformity which appear within six months of delivery of the Product already existed on that date, unless this hypothesis is incompatible with the nature of the Product or the nature of the lack of conformity. Starting from the seventh month following delivery of the Product, it will be the consumer's burden to prove that the lack of conformity already existed at the time of delivery of the same.

In order to take advantage of the Legal Guarantee, the consumer must therefore first provide proof of the date of purchase and delivery of the goods. It is therefore advisable for the consumer, for the purposes of this proof, to keep the purchase invoice or any other document that can certify the date of the purchase (for example the payment card statement) and the date of delivery.

In the event of termination of the contract, the Company will return to the consumer the total amount paid, consisting of the purchase price of the Product, shipping costs and any other additional costs. In the event of a price reduction, the Company will refund the amount of the reduction, previously agreed with the consumer. The refund or reduction amount will be credited to the payment method or solution used by the consumer for the purchase.

The Company is not responsible in case of damages, of any nature, deriving from the use of the Product in an improper manner and/or not in compliance with the instructions provided by the manufacturer as well as in case of damages deriving from unforeseeable circumstances or force majeure.

Art. 13. Conventional manufacturer's guarantee

13.1 The Products sold on the Site may, depending on their nature, be covered by a conventional warranty issued by the manufacturer ( Conventional Warranty ). You can assert this guarantee only against the manufacturer. The duration, extension, including territorial, conditions and methods of use, types of damage/defects covered and any limitations of the Conventional Warranty depend on the individual manufacturer. The Conventional Guarantee is voluntary in nature and does not replace, limit, prejudice or exclude the Legal Guarantee.

Art. 14. Applicable law and competent court; out-of-court settlement of disputes - Alternative Dispute Resolution/Online Dispute Resolution

14.1 Purchase contracts concluded through the Site are governed by Italian law. This is without prejudice to the application to consumer users who do not have their habitual residence in Italy of any more favorable and mandatory provisions provided for by the law of the country in which they have their habitual residence.

14.2 Please remember that in the case of a consumer user, for any dispute relating to the application, execution and interpretation of this document, the court of the place where the user resides or has elected domicile has jurisdiction.

14.3 Pursuant to art. 141-sexies, paragraph 3 of the Consumer Code, the Company informs the user who qualifies as a consumer pursuant to art. 3, paragraph 1, letter. a) of the Consumer Code, that, in the event that he has submitted a complaint directly to the Company, following which however it has not been possible to resolve the dispute thus arising, the Company will provide information regarding the body or bodies of Alternative Dispute Resolution for the extrajudicial resolution of disputes relating to obligations deriving from a contract concluded on the basis of these General Conditions of Sale (so-called ADR bodies, as indicated in articles 141-bis et seq. of the Consumer Code) , specifying whether or not it intends to make use of these bodies to resolve the dispute itself.

14.4 The Company also informs the user who qualifies as a consumer pursuant to art. 3, paragraph 1, letter a) of the Consumer Code that a European platform for the online resolution of consumer disputes (so-called ODR platform) has been established. The ODR platform can be consulted at the following address http://ec.europa.eu/consumers/odr/ ; through the ODR platform the consumer user will be able to consult the list of ADR bodies, find the link to the website of each of them and start an online resolution procedure for the dispute in which he is involved.

14.5 In any case, the right of the consumer user to appeal to the competent ordinary judge for the dispute arising from these General Conditions of Sale is reserved, regardless of the outcome of the out-of-court settlement procedure of disputes relating to consumer relations by resorting to the procedures of referred to in Part V, Title II-bis Consumer Code.

14.6 The user who resides in a member state of the European Union other than Italy can also access, for any dispute relating to the application, execution and interpretation of these General Conditions of Sale, the European procedure established for disputes of small entity, by Regulation (EC) no. 861/2007 of the Council, of 11 July 2007, provided that the value of the dispute does not exceed, excluding interest, rights and expenses, Euro 2,000.00. The text of the regulation can be found on the site www.eur-lex.europa.eu .

Art. 15. Customer service and complaints

It is possible to request information, send communications, request assistance or submit complaints by contacting the Company in the following ways:

  • by completing and sending the form available at the following link "https://coffeepusher.it/pages/contattaci"
  • by email, to the following address: info@coffeepusher.it.

The Company will respond to complaints submitted within 1 day of receiving them.