Legal notice
The offer and sale of products via the website www.caffeernani.com (the "Site") are governed by the following general terms and conditions ("General Terms and Conditions of Sale"). The General Terms and Conditions of Sale are drawn up in accordance with the legislation governing contracts concluded outside of business premises, and in particular the provisions of Legislative Decree No. 206 of September 6, 2005 (Consumer Code).
PARTIES
The parties to the sales contract are Ernani S.r.l. ("Ernani") and the final consumer, i.e. the natural person acting for purposes outside of their business or professional activity, identified via the Site, who has placed an order accepted by Ernani ("Customer").
APPLICATION AND MODIFICATION OF THE GENERAL TERMS AND CONDITIONS OF SALE
By placing an order in the manner provided, the Customer declares that they have read all the information provided during the purchase process and fully accept the General Terms and Conditions of Sale. Ernani reserves the right to change the General Terms and Conditions of Sale by posting notice on this page of the Site.
The applicable General Terms and Conditions of Sale are those in effect at the time an order is placed. Any changes will be effective upon publication on the Site.
REGISTRATION ON THE SITE FOR PURCHASE PURCHASE
Registration on the Site is required, but only the information required for delivery and, if applicable, invoicing of an order is requested.
If the Customer wishes to cancel their registration, they may do so at any time.
Retention of the registration is only required if the Subscription service is activated, as defined below.
The information is provided in accordance with the Ernani Site Terms and Conditions of Use.
PRODUCT AND SERVICE FEATURES AND PRICES
Product images may not be fully representative of their features, but may differ in color, size, and accessory products depicted. All purchase information is intended as general information and does not reflect the actual characteristics of an individual product.
The photographs included are indicative and do not constitute a guarantee of product quality.
The prices, descriptions, or availability of the products displayed are subject to change without notice.
Products are offered at the price indicated on the website on the date an order is placed.
Perishable products are removed from sale two months before their expiration date.
Prices include VAT, which will be detailed on the product purchase invoice, if issued.
Unless otherwise indicated, prices do not include shipping and delivery costs, which are indicated in the final section before placing an order and specified in the order confirmation email sent to the Customer.
PLACING ORDERS
Orders can only be placed to and from the following territories: Austria, Belgium, Bulgaria, Cyprus, Croatia, Czech Republic, Denmark, Estonia, Finland, France (excluding Corsica), Germany, Great Britain, Greece (excluding islands), Ireland, Latvia, Lithuania, Luxembourg, Malta, Norway, Poland, Portugal, Romania, San Marino, Slovakia, Slovenia, Spain, Sweden, Hungary, and the Vatican.
Products are offered subject to stock availability.
Where applicable, promotional codes (coupons) offered by Ernani and its partners are valid only for the products and during the periods indicated. Promotional codes are non-refundable and cannot be cumulative. To take advantage of discounts and/or offers associated with promotional codes, the promotional code must be entered in the appropriate field when placing an order on the Site. If the code is forgotten, an order cannot be cancelled or renewed to take the promotional code into account.
Orders from minors will not be accepted.
The steps for placing an order and completing the purchase contract are highlighted in the sequence of pages on the Site through explanatory text and graphics.
You can correct any data entry errors before submitting an order.
ORDER RECEIPT AND ACCEPTANCE
Upon receipt of an order, Ernani will automatically send a confirmation email summarizing all the details of the order. Upon receipt of an order, Ernani will verify the availability of the ordered product and, only after this verification, will communicate the various stages of the order: processing – shipped – delivered.
If Ernani is unable to fulfill an order, it will promptly notify the Customer.
Ernani reserves the right to refuse to confirm an order placed by the Customer within 20 (twenty) Business Days of placing the order. Ernani will notify the Customer of the unavailability of one or more of the purchased products to the email address provided at the time of ordering. In this case, Ernani will refund the price and any shipping costs incurred by the Customer.
The Customer is not entitled to compensation or damages, nor is it liable, whether contractual or otherwise, for direct or indirect damages to persons and/or property resulting from the failure to accept an order.
ACCEPTED PAYMENT METHODS
Ernani accepts payment only through the following methods:
Credit card (American Express, Visa, or Mastercard); through the Stripe payment platform. The total amount of an order will be charged upon order confirmation.
PayPal: online payment system that allows any business or consumer with an email address to send and receive payments, after registration. Payment is made through the PayPal payment platform.
Satispay: a payment service that allows the Merchant to receive payments, including recurring payments ("Acquiring Service"), from entities using electronic money issued by Satispay ("Users").
Advance bank transfer: the order will be processed only when payment is received by Ernani srl.
If paying via PayPal, during the purchase process, Ernani will store a unique identification code associated with the Customer's PayPal account. This code authorizes Ernani to use the account exclusively for future purchases, and the Customer will not need to re-enter their PayPal login information.
Ernani uses third-party tools for payment processing and does not in any way come into contact with payment information—such as credit card information—provided by the Customer.
PRODUCT SHIPPING
Product shipments and deliveries can only be made to the following countries: Austria, Belgium, Bulgaria, Cyprus, Croatia, Czech Republic, Denmark, Estonia, Finland, France (excluding Corsica), Germany, Great Britain, Greece (excluding islands), Ireland, Latvia, Lithuania, Luxembourg, Malta, Norway, Poland, Portugal, Romania, San Marino, Slovakia, Slovenia, Spain, Sweden, Hungary, and the Vatican.
Ernani will ship purchased products exclusively to the destination specified in an order. Deliveries to PO Boxes or the municipalities listed on the following page are not accepted.
Ernani will ship the products ordered by the Customer, via courier, to the address provided by the Customer, approximately within 24 (twenty-four) business hours of order acceptance. Delivery generally occurs within 2 (two) business days. The times indicated for receipt of goods are approximate only.
Ernani shall not be liable in any way for damages suffered by the Customer due to delivery delays that are not attributable to circumstances foreseeable by the parties at the time Ernani sends the order confirmation to the Customer.
Delivery costs are invoiced based on the rates listed on the Website on the date an order is placed.
The recipient of the goods is responsible for paying any taxes and customs duties required by the laws in force in the territory of destination of the products.
The courier is responsible for delivery. Ernani undertakes to process any reports of failed or delayed delivery of products through the Website and through customer service, which can be reached by telephone or email at shop@caffeernani.com ("Customer Service"), and, where appropriate, to assist the Customer in protecting their rights as required by law.
PRODUCT ACCEPTANCE BY THE CUSTOMER
Any damage to the packaging and/or product, or any discrepancy in the number of packages, must be immediately reported by email to shop@caffeernani.com. By signing the courier's delivery note, or failing that, in the event of failure to promptly report the damage, the Customer certifies the actual external integrity of the product and the conformity of the delivery.
Any issues regarding the actual physical integrity, correspondence, or completeness of the products received must be reported within 10 business days of delivery by sending an email to shop@caffeernani.com.
INVOICING
A receipt will be issued for each order from a private customer who has entered their tax code and for each order from a professional customer or company with a VAT number ("Professional Customer"). The information provided by the Customer or Professional Customer will be used to issue the invoice.
at the time of an order. No changes to the invoice will be possible after it has been issued. When ordering, it is necessary to indicate if the shipping address is different from the billing address. If the Private Customer chooses not to enter their tax code, or the Professional Customer chooses not to enter their VAT number, Ernani will not issue an invoice or certify payment by issuing a receipt (Article 22, paragraph 1 of Presidential Decree 633/72 and Article 2, letter oo) of Presidential Decree 696/96).
SUBSCRIPTION
If the Customer subscribes to the subscription offer available on the Site ("Subscription"), payments begin upon activation of the Subscription.
The order will be processed and shipped within 24 (twenty-four) business hours and delivered within 2 (two) business days.
Likewise, if the Customer modifies an existing paid plan, the change will be effective starting with the order following the one in which the change was made.
The Subscription has a monthly, bimonthly, or quarterly duration ("term"), and to maintain the Subscription for subsequent periods, the subscription must be renewed for each payment period. The Subscription is automatically renewed upon successful payment for the subsequent term using the payment method the Customer selected and communicated at the time of purchase, authorizing Ernani to retain the relevant data solely for the purpose of billing the service for the subsequent Subscription term.
The renewed Subscription will extend for the same term as the original Subscription.
The Customer may cancel the Subscription at any time. In the event of non-renewal or termination, the Subscription will be deemed cancelled and will cease to be effective upon expiration of the term for which a valid payment was made. Therefore, cancellation of a Subscription will be effective from the day it is cancelled.
Delivery of Subscription products will occur, based on the Subscription plan chosen by the Customer, once a month, every two months, or every three months.
Shipping will occur for all Subscription Customers within the business day following the renewal date.
The Subscription fee will be charged on the subscription renewal date, which can be found in the user's personal section under the "Subscription" category.
Any changes to the chosen subscription plan will take effect starting from the term following the one in which they are communicated.
Subscription cancellation may be made at any time, up to 24 (twenty-four) hours before the next renewal date.
RIGHT OF WITHDRAWAL AND RETURN POLICY
In compliance with the provisions of Legislative Decree No. 21 of February 21, 2014, implementing Directive 2011/83/EU on consumer rights, the Customer may return the purchased product and obtain a refund of the purchase price actually paid.
The right of withdrawal may be exercised within 14 days of receiving the product in the following ways:
Before the expiration of the aforementioned period, the Customer must send explicit notification to this effect through the dedicated section of the Site reserved for registered users, or, in the case of unregistered users only, by sending an email to shop@caffeernani.com.
Customer Service will contact the Customer, providing the return number and sending a copy of the standard return form.
The Customer must include their personal information and the return number on the return form received, which they must place in the same box in which the product was delivered.
The Customer must independently and at their own expense ensure the correct shipment of the returned product no later than 2 business days after receiving the return number.
The refund of the price paid for the product does not include any shipping costs incurred when placing the order.
In the event that the value of the products has suffered a reduction due to handling other than that necessary to establish the nature, characteristics, and functioning of the products (for example, products that are damaged, not properly or completely packaged, or in which certain parts, such as components, elements, accessories, packaging materials, boxes, documentation, and/or other items, are missing or damaged), Ernani will refund the Customer the purchase price less the value of said reduction. In the event that the Customer returns products after the deadline indicated above or in the case of opened and/or partially used products and that n
are not suitable for return, the right of withdrawal does not apply, and Ernani will return the purchased item to the Customer, charging the Customer the shipping costs.
Within the limitations mentioned above, Ernani will refund the amount actually paid by the Customer within 45 (forty-five) business days of receiving the returned product by credit note to the bank account or credit card, or by check.
GIFT CARD
The gift card is a virtual, deductible card. It can be used to purchase products exclusively on the Ernani website.
The amount is scalable, so it can be used for multiple purchases until the value of the card is fully used or until partial payment for a purchase is made. The resulting balance is available for future purchases. The balance does not entitle the Customer to a cash refund for the amount contained therein and cannot be exchanged for cash.
The gift card cannot be reloaded and must be used within 12 months of the purchase date. The remaining value can be verified at any time on the website at checkout.
The gift card is associated with an account and cannot be used or transferred to purchases on third-party accounts. If the code is lost, the card cannot be blocked, it will not be replaced, and Ernani cannot be held liable for its improper or unauthorized use.
WARRANTY
All products, other than food products, sold by Ernani are covered by the manufacturer's standard warranty and the 24-month warranty for defects in conformity pursuant to Legislative Decree 24/2002 and subsequent amendments and Articles 130 and 132 of Legislative Decree 206/2005. To benefit from warranty service, the Customer must retain the invoice or, if none exists, the shipping document.
If the purchased product is found to have manufacturing defects and/or has been damaged during shipping, the Customer may request a replacement within ten (10) days of receipt by email to shop@caffeernani.com. The Customer is also required to return the defective or damaged product in its original packaging, intact in all its parts.
In the event of a product replacement, Ernani will cover the return shipping costs. Ernani will then replace the product with an identical one or, if stocks are out of stock and by prior agreement with the Customer, with one of equivalent value.
MISCELLANEOUS
Business Day
A Business Day is defined as any day other than a Saturday, Sunday, or public holiday in Desio and Milan (MB).
Professional Customers
The provisions of the General Conditions of Sale apply, where applicable, to Professional Customers. Consumer protection laws do not apply to purchases by Professional Customers.
Assignment
Ernani reserves the right to transfer, assign, dispose of by novation, or subcontract all or any of the rights or obligations under these General Terms and Conditions of Sale, provided that the Customer's rights hereunder are not affected.
The Customer may not assign or transfer in any way its rights or obligations under these General Terms and Conditions of Sale without the written consent of Ernani.
Communications
All communications relating to Ernani must be sent using the contact information indicated in these General Terms and Conditions of Sale.
Invalidity
If any provision of these General Terms and Conditions of Sale is held to be invalid or unenforceable, that provision will be deleted, while the remaining provisions will not be affected and will remain in full force and effect.
APPLICABLE LAW AND JURISDICTION
The sale of products and/or services takes place within the territory of the Italian State and is subject to the laws in force in the Republic of Italy. The competent court for the resolution of any disputes will be that established by Italian law in force at the time of the contract conclusion.
Last updated June 20, 2018