The present general conditions have as their object the purchase of products carried out remotely by means of telematics network through the site www.asso.coffee, by email to the addresses of [email protected] or by telephone to the number +39 080/9674110 all of which are attributable to and owned by:
Via Vittorio Veneto, 7 - 70128 Palese Bari (BA)
VAT No. 08240950728
hereinafter also referred to with the abbreviation "Musci Food".
The purchase transactions will be governed by the provisions of D. lgs. n. 185 of 22.5.1999, while the protection of confidentiality (privacy) will be subject to the discipline of D. lgs. 196/03.
These general conditions may be updated or modified by Musci Food at any time, without prior notice, and will be valid from the date of publication on the website www.asso.coffee.
The consumer undertakes and is obliged, whenever there is a modification of these general conditions, to read them and, if he/she deems it appropriate, to print and keep them.
An online sales contract is a distance contract concluded between a supplier,
Via Vittorio Veneto, 7 - 70128 Palese Bari (BA)
VAT No. 08240950728
and a consumer customer, within the framework of a distance sales system organised by the supplier, i.e. the legal transaction concerning movable goods, which for this contract uses exclusively the distance communication technology known as the Internet. A consumer is defined as a natural person who purchases goods and services for purposes that are not directly related to his or her professional activity.
Art. 1: ACCEPTANCE OF THE CONDITIONS OF SALE
The conditions set out in the introduction are an integral and essential part of this contract.
All contracts will be concluded directly by the Customer accessing the website corresponding to the address www.asso.coffee. The customer can then conclude the contract for the purchase of the desired product by carefully following the instructions and procedures provided.
These general terms and conditions of sale must be examined online by the customer before the purchase procedure is completed. The forwarding of the order confirmation therefore implies full knowledge of them and their full acceptance.
By submitting an order confirmation online, the customer unconditionally accepts and undertakes to observe the general terms and conditions of sale and the terms and conditions of payment set out below in his dealings with Musci Food, declaring that he has read and accepted all the information provided by him in accordance with the aforementioned regulations, and acknowledging that Musci Food is not bound by any other terms and conditions unless agreed in advance in writing.
Art. 2: SALES PRICES AND PURCHASING METHODS
All sales prices of the products displayed and indicated on the website www.asso.coffee, for which they constitute an offer to the public pursuant to art. 1336 of the Italian Civil Code, are exclusive of VAT and all other taxes Art.1 c.54-89 L.190/2014 Flat rate.
The total cost of shipment to the customer's domicile is borne by the customer, unless otherwise specified. This cost will, in any case, be made known to the customer before the purchase is confirmed.
The purchase contract is concluded through the exact compilation and consent to the purchase manifested through the adhesion given on-line after registering.
The customer can pay for the goods booked using the payment methods indicated online at the time of purchase.
By confirming the order the customer accepts to reserve the goods in the shopping cart, and to accept partial shipments or order cancellations at the sole discretion of Musci Food based on actual stock availability that may differ from the quantity ordered by the customer. In the event of partial shipments or cancellations, any amounts already paid will be refunded at the same time as the shipment.
Art. 3: DELIVERY METHODS
Musci Food will deliver the selected and ordered products to customers at the address indicated by the customer, according to the methods provided for in the previous article, by means of express couriers or postal means.
The purchased goods will be delivered within the terms provided for by art. 6 of Legislative Decree 185/1999. No responsibility can be attributed to the supplier for delayed or non-delivery due to force majeure, longer delivery times due to courier delays, or fortuitous events.
The customer is obliged to verify, upon receipt, the conformity of the product delivered to him with the order placed; only after this verification, and obviously without prejudice to the right of withdrawal provided for in point no. 8, the customer shall sign the delivery documents. If the goods are purchased without a "verification reserve" written on the delivery note that will be retained by the courier, the company is completely exonerated from any liability for any damage or tampering, we therefore invite customers to ALWAYS accept the products with VERIFICATION RESERVE, also in order to avoid unpleasant discussions.
Upon delivery of the goods, the customer must check the integrity of the packages and the quantitative and qualitative correspondence with what is indicated in the accompanying document. In the event of discrepancies, these must be indicated on the accompanying document and confirmed to Musci Food by PEC or registered letter. Any hidden anomalies must be reported in writing by fax or registered letter. Any report made after the aforementioned deadline shall not be taken into consideration. For each declaration, the client assumes full responsibility for what is declared.
Home delivery, unless otherwise agreed in writing between the parties, shall take place on the ground floor, every day, excluding Saturdays, Sundays and holidays.
The customer is obliged to make himself available in order to avoid any additional charges for non-delivery by the courier, charges which will otherwise be borne by the customer himself. For shipments with advance payment, if the product is not accepted, the customer shall bear the costs of shipment and return to our warehouse, which are equal to € 30.00 + € 15.00 as storage expense + € 100.00 of administrative management charges.
IMPORTANT! For shipments with cash on delivery payment, if the cash on delivery payment is not paid and the goods are not collected, the customer will be immediately sued and denounced, and the costs/damages recovery procedure will be entrusted to our lawyer.
3.7 For orders forwarded by resellers, with conditions reserved to them, without prejudice to the provisions of article 3.6 above, the costs of reimbursement may rise according to the shipping cost reported in the order and/or actually incurred.
3.8 Priority mail shipments are at the risk of the purchaser who accepts to use a cheap but not traceable shipping service and for this reason Musci Food is not responsible in case of theft of shipments. For all the products for which it is possible to choose priority mail shipping, a secure service is always available, tracked by registered mail or express courier. Since the customer chooses priority mail he is aware of the risk and for this reason no claims are accepted for undelivered shipments.
Musci Food, is not responsible in any way for damages or delays in delivery caused by the carrier to the purchased products.
Art. 4: AVAILABILITY OF PRODUCTS
The customer may only purchase products currently available in the electronic catalogue www.asso.coffee. If the request made by an online order exceeds the quantity available for a given article, Musci Food will accept the purchase only for the quantity actually available in its virtual warehouse. It will be the responsibility of Musci Food to inform the customer (by telephone or email) whether or not the ordered products will be available in the future.
Art. 5: LIABILITY
Musci Food accepts no liability for inefficiencies caused by delays in the delivery of goods that do not depend on delays in shipping (packaging time up to 72 working hours from the order with the exception of where indicated), or other events attributable to force majeure such as accidents, explosions, fires, strikes and / or lockouts, earthquakes, floods and other similar events that prevent, in whole or in part, to implement the contract within the agreed time. The delivery shall in any case be completed within the maximum term provided for in point 3.2 above. Claims for compensation for any reason whatsoever are not admissible. A request for reimbursement is only admissible for the amount paid following total damage to the goods, which must be clearly and written to the carrier at the time of delivery on the delivery note retained by the carrier.
Musci Food, will not be liable to any party or third party for damages, losses and costs incurred as a result of the non-performance of the contract for the reasons mentioned above, as the consumer is only entitled to a refund of the price paid.
Musci Food is not responsible for any fraudulent or illegal use of credit cards, cheques or other means of payment by third parties when paying for purchases.
Musci Food, in fact, at no time during the purchase process is able to know the buyer's credit card number, which is transmitted directly to the bank through a secure connection.
Art. 6: GUARANTEES AND WAYS OF ASSISTANCE
All our products are guaranteed for any defect or fault inherent in the product itself, which must be reported within 7 days of receipt. We will replace the product at our expense, or repair the faulty product, or reimburse the consumer for the amount paid, including shipping costs, in accordance with the provisions of the Consumer Code in force.
The manufacturers of the goods sold on www.asso.coffee offer a guarantee whose minimum duration depends on the type of product purchased. The guarantee runs from the day of purchase of the goods. This service is provided directly by the manufacturers of the goods, or directly by Musci Food if it is a direct seller. Please note that items purchased with a VAT number are covered by the maximum legal warranty of 12 months. For the detailed conditions of the warranty please read the following article 8.1.
Art. 7: OBLIGATIONS OF THE BUYER
The customer agrees and undertakes, once the online purchase procedure is completed, to print and keep these general conditions, which, however, will have already seen and accepted as a step in the registration process on www.asso.coffee, and the specifications of the product purchased, and this in order to fully satisfy the condition of art. 3 and 4 of Legislative Decree no. 185/1999.
These general conditions may be updated or modified at any time by Musci Food, which will communicate this on its website. The consumer undertakes and is obliged, whenever there is a modification of these general conditions, to print and keep them.
It is strictly forbidden for the purchaser to enter false and/or invented and/or fictitious data in the registration procedure required to activate the procedure for the execution of this contract and the relative further communications; the personal data and e-mail address must be exclusively the purchaser's real personal data and not those of third parties or fictitious data.
It is expressly forbidden to make double registrations corresponding to one person or to enter the data of third parties. Musci Food reserves the right to prosecute any violation or abuse in the interest and for the protection of all consumers.
The Customer releases Musci Food from any liability arising from the issue of incorrect tax documents due to errors in the data provided by the Customer, as the Customer is solely responsible for the correct entry of the data, and is obliged to check the correctness of the data provided after the order.
It is forbidden to purchase products that will then be repackaged in other packaging and/or any physical, real or virtual modification of the packaging of the products or the products themselves. The use and disclosure of the packaging and product name (brand) received is permitted for both sales and local, web, TV and radio promotion, provided that the same is not altered. Under penalty of revocation of the sales account and subsequent legal proceedings for the various damages suffered and to be suffered, changes to the packaging (both physical and virtual) and incorrect sales practices are prohibited for all products in the online price list. In the most serious cases of non-compliance (non-payment, payments made but with delays compared to what was agreed, dissemination of false information about the products or the company, and any other unfair practice likely to damage, even temporarily, the company), Musci Food may at its sole discretion revoke the customer's sales account and request the immediate removal of any reference to its company and/or its trademarks. These conditions also apply to telephone and email orders.
Art. 8 Withdrawal and Warranty (excerpt from the general conditions of sale)
8.1 Right of Withdrawal
As provided for in Legislative Decree no. 206 of 06/09/2005, the end-consumer customer of Musci Food has the right to withdraw from the contract.
The right of withdrawal, which provides the possibility for the consumer to return the purchased product and to obtain a refund, is provided only in favour of natural persons who, in the conclusion of the contract, have acted for purposes unrelated to their business or professional activity. The right of withdrawal must be exercised within 14 working days of receipt of the goods. The right of withdrawal does not apply to audio-visual products and computer software unsealed by the consumer, nor to the supply of goods made to measure or clearly personalized or which, by their nature, cannot be returned or are liable to deteriorate or expire rapidly, such as perishable foodstuffs.
Withdrawal is not validly exercised, and therefore does not give the right to a refund of the price, if the product is not returned substantially intact, such as in the following cases
- lack of the original packaging (it is therefore advisable to keep the original packaging of the product at least until the deadline for exercising the withdrawal);
- absence of integral elements of the product (accessories, cables, instruction manuals, etc.);
- damaged returned goods (it is advisable to return the product carefully iballat to avoid transport damage);
- state of preservation of the product not normal;
- partial use of the product;
- opened food packages;
The right of withdrawal can only be exercised with regard to the purchased product in its entirety; it is not possible to exercise the right of withdrawal only on part of the purchased product (e.g.: accessories, attached software, etc...).
Here are the 5 steps to exercise the right of withdrawal:
1. Within 14 working days of receipt of the goods, the customer must send notice to Musci Food at the following address:
Via Vittorio Veneto, 7
70128 Palese Bari (BA)
by registered letter with acknowledgement of receipt, the withdrawal form completed in all its parts in which he communicates his wish to withdraw from the contract. The withdrawal form, within the same period of 14 working days from receipt of the goods, may be sent in advance by PEC to [email protected] . In this case, the withdrawal must be confirmed by the Customer, within 48 hours, by sending the withdrawal form by registered letter with acknowledgement of receipt.
2. Upon receipt by Musci Food of the registered letter with acknowledgment of receipt containing the declaration of withdrawal, the Customer Service will inform the customer, by e-mail, the address to which the shipment of goods to be returned.
3. The Client must prepare the product, carefully packaged in its original packaging (including the internal protections), avoiding to damage it with adhesive labels or other, complete with all the accessories and what it originally contained. If the product arrives at Musci Food damaged during transport, a reduction in value will be applied based on the damage to the product itself, which could compromise its resale.
4. The goods must be returned exclusively by express courier as they are foodstuffs for which transit times must be kept to a minimum. We recommend that you insure the shipment against theft, loss or damage in transit. If the product does not travel insured, in the event of damage or loss during transport, Musci Food reserves the right to charge for any damage incurred.
5. The goods must be dispatched by the Customer exclusively by courier within ten working days of notification to the Customer, by email, of the address to which the goods are to be sent.
Upon receipt of the goods, Musci Food will verify the integrity and refund the customer the amount of the purchased goods.
The reimbursement will be made by bank transfer to the bank account indicated by the customer in the withdrawal form within 14 days of receipt by Musci Food of the registered letter of withdrawal, if the goods have been shipped by the customer within 14 working days after notification to the customer, by e-mail, of the shipping address and if the goods have been received intact at the address indicated by Musci Food (the refund varies depending on the method of payment used in the order, orders paid by credit card or paypal will be refunded by transferring the payment, others by bank transfer).
If the goods are damaged during transport, Musci Food will notify the Customer of the incident (within five working days of receipt of the product in its stores), to allow the Customer to file a timely complaint against the Courier of his choice and obtain reimbursement of the value of the product (if insured by the Customer). Please note that in case of coffee boxes or other products that are damaged, i.e. with visible dents, tears, or other, the refund will be partial and in serious cases it is possible that the product is no longer marketable and therefore the customer will automatically lose the right to a refund for non-compliance with the conditions of return and integrity of the returned goods.
8.2 Conformity defects and Warranty
8.2.1. Conformity defects
Musci Food is liable to the end-consumer (a natural person who, in concluding the contract, has acted for purposes outside his or her business or professional activity) for any lack of conformity that exists at the time of delivery of the goods (articles 128-135 of Legislative Decree 206 of 06/09/2005).
The legal guarantee in favour of the consumer covers lack of conformity, existing at the time of delivery of the goods, which have become apparent within two years of delivery of the goods. The lack of conformity must be notified, under penalty of forfeiture, within two months of the date on which the consumer discovered the defect. The action against the seller shall in any case be time-barred within twenty-six months of delivery of the goods. The warranty does not apply, for example, in the event of negligence, carelessness in the use and maintenance of the product, or connection of the product to electrical or other systems that do not comply with standards.
In the event of a lack of conformity, the consumer has the right to have the conformity of the goods restored, free of charge, by repair or replacement, or an appropriate reduction in the price or termination of the contract, in accordance with the provisions of Article 130 of Legislative Decree no. 206/2005.
We report the 3 steps to communicate the lack of conformity:
1. Within two months from the discovery of the defect, the Customer must send the downloadable form, completed in all its parts, in which he requests the elimination of the lack of conformity to Musci Food at the following address:
Via Vittorio Veneto, 7
70128 Palese Bari (BA)
by registered mail, or by PEC to [email protected]
2. Upon receipt of the communication, the Customer Service of Musci Food will contact the customer to communicate the modalities of return.
3. The customer must prepare the product carefully packaged (if possible in its original packaging and in this case avoiding to damage it with adhesive labels or other) and complete with everything originally contained.
Musci Food will send its own courier to collect the product at no additional cost to the Customer. Once the product returned by the Customer has been checked, Musci Food will replace or repair it and proceed to ship the product itself, subject to the provisions of art. 130 of Legislative Decree no. 206/2005.
Musci Food tries to carry out the whole of the above procedure in the shortest time possible, trying to cause the least inconvenience to the customer.
To this end, Musci Food collaborates with leading transport companies that guarantee care, efficiency and speed of shipments; shipments are insured against damage and theft in order to guarantee maximum peace of mind to the customer.
Musci Food informs its customers that the average time to perform the entire procedure (reporting, product collection, repair/replacement of the good and its return) is about 25 days.
Musci Food is not responsible for lack of conformity of the products sold and/or produced by it, except for the replacement of the same, which will be carried out in the time and manner indicated above, after full return of the product by the customer. Musci Food shall not be liable for any damage of any kind resulting from the use or distribution of non-conforming products, whether for its own use or for resale.
8.2.2. Breakdown under warranty
Musci Food shall directly intervene to repair or replace all equipment of the Musci Food, Gimoka, Espresso Italia and Panafe brands. For electronic equipment of other brands such as Bialetti, Saeco, Gaggia, WE.GA., etc..... Musci Food avails itself of the assistance service provided by the various manufacturers, so the customer can take his appliance directly to the nearest assistance centre, simply with proof of purchase. Assistance is free of charge for all faults that are not due to negligence, carelessness in the use and maintenance of the product, or connection of the product to electrical systems or any other kind that do not comply with standards. To find your nearest service centre, consult the manufacturers' websites or contact us.
For anything not described or for further information you can consult the text of the Consumer Code on the website of the Ministry of Economic Development here.
Art. 9: AUTHORIZATIONS
By filling in the space provided on the website, the customer authorises Musci Food to use their credit card, or other card issued in replacement thereof, and to debit their bank account in favour of Musci Food the total amount shown as the cost of the purchase made online. The entire procedure is carried out through a secure connection directly connected to the bank that owns and operates the online payment service, which Musci Food cannot access for any reason.
Should the consumer avail himself of the right of withdrawal, as articulated in point 8 of these general conditions, the amount to be refunded will be credited by a method agreed in advance with the customer.
Art. 10: CONTRACT TERMINATION AND EXPRESS TERMINATION CLAUSE
Musci Food has the right to terminate the contract by simply informing the customer, stating the reason for the termination; in this case the customer is only entitled to a refund of any sum already paid.
The obligations assumed by the customer in Article 7 (Obligations of the purchaser), as well as the guarantee of the successful completion of the payment that the customer makes with the means referred to in Article 2, are essential, so that by express agreement, the failure by the customer to meet any one of these obligations will result in the termination of the contract by law pursuant to Article 1456 of the Civil Code, without the need for a judicial decision, without prejudice to Musci Food's right to take legal action for compensation for further damage.
Art. 11: PRIVACY
Who we are
Personal data processed
We may process personal data about you if you:
Are one of our customers or suppliers.
Request our products or services.
You are a person who wants to work with us to market our goods or services or who wants to communicate with us. In this case, we may have obtained your contact details directly from you (for example, through our website, by email or from another source).
The personal data we process
We may process your personal data that you have provided to us or that we have obtained from another source. The personal data we process includes the following information:
Your first and last name.
Your address, telephone number, e-mail address or other contact information that is necessary for the nature of our relationship.
Information we obtain from communications with us
We may process information that we obtain by communicating with you, including:
Information about you that you provide to us by communicating with us telephonically, by email or through our website, social networks or otherwise.
Information that you provide to us or that we obtain for the purposes of carrying out or providing the good/service.
Personal data we process when you use our website
Information obtained from you when you use our website and more specifically:
✔ The computer systems and software procedures used to operate this website acquire, during their normal operation, some personal data whose transmission is implicit in the use of Internet communication protocols. This information is not collected to be associated with identified interested parties, but by its very nature could, through processing and association with data held by third parties, allow users to be identified. This category of data includes IP addresses or the domain names of the computers used by users who connect to the site, the URI (Uniform Resource Identifier) addresses of the resources requested, the time of the request, the method used to submit the request to the server, the size of the file obtained in response, the numerical code indicating the status of the response given by the server (successful, error, etc.) and other parameters relating to the user's operating system and computer environment.
DATA PROVIDED VOLUNTARILY BY THE USER
The optional, explicit and voluntary sending of electronic mail to the addresses indicated on this site entails the subsequent acquisition of the sender's address, which is necessary to reply to requests, as well as any other personal data included in the message. Specific summary information will be progressively reported or displayed on the pages of the site set up for particular services on request.
OPTIONAL PROVISION OF DATA
✔ Apart from that specified for navigation data, the user is free to provide personal data contained in the request forms to our Company or indicated in contacts with the Office to request the sending of informative material or other communications. Failure to provide such data may make it impossible to obtain what has been requested.
Use of your personal data
We may process your personal data in order to conclude and execute contracts established and/or to be established with you in order to
provide goods and services
obtain goods and services from suppliers
manage and administer our relationships with customers and suppliers;
Your data will be processed on paper, by computer and for their protection with regard to the paper archive, we have adopted adequate protections in accordance with the regulations as well as for the computer systems.
The provision of your personal data is necessary in order to provide you with the products, information and services you have requested; failure to provide your personal data will make it impossible for us to provide you with what you have requested.
To whom we disclose your personal data
We may share your personal data with:
Appropriate third parties, including:
Our external and internal co-conspirators, employees, professionals who are our partners for the performance of tasks in the normal course of business.
Banking institutions for payment processing;
Financial administrations, private companies, professional firms or public bodies for the fulfilment of regulatory obligations;
Companies and law firms for the protection of contractual rights.
Legal basis for the processing of your personal data by us
The legal basis for the processing of your personal data is as follows:
If, in order to be authorised, it is necessary to obtain your consent to the processing in advance, we will obtain and rely on your consent with respect to the processing in question (see below how to revoke your consent at any time).
Otherwise, we will process your personal data for the performance of and for contractual purposes.
Place where we process personal data
The data we process relating to you is stored on a local server at our head office, while processing related to the web services of our site is handled on an external server located in Italy.
The data stored on the local server are handled only by our employees, or by possible appointees, external consultants for occasional maintenance operations, while the data on the external server where our website is located are handled by qualified internal and external personnel for normal maintenance and use of company marketing activities.
No data deriving from the web service is communicated or disseminated. The personal data provided by users who request dispatch of informative material are used solely for the purpose of providing the service requested and are communicated to third parties only if necessary for that purpose.
All personal data processed by us is stored securely.
Duration of personal data processing
We process personal data only for the time necessary for the purpose(s) for which it was originally collected, after which it will be deleted or archived, except to the extent that its processing continues to be necessary for us to comply with legal obligations to which we are subject or for any other lawful and legitimate purpose.
In relation to your personal data processed by us, you have the following rights:
You may request access to the relevant personal data (please see the section below on how to obtain access to your personal data).
You may request the rectification of personal data that we process about you.
In certain circumstances (normally where personal data has been provided by you and it is no longer necessary for us to process it), you may request that it be erased, which will be done within a maximum period of 30 days.
Where we process personal data relating to you on the basis of consent given prior to the processing, you may withdraw your consent at any time and, following such withdrawal, we will terminate the processing in question.
You may object to processing carried out on the basis of our legitimate interests or in order to send you marketing communications. In this case, the right to object to the processing of your data for direct marketing purposes by automated means of contact also extends to the processing of your data by non-automated means, unless you intend to object to the processing only in part.
If you have a complaint about any processing of your personal data by us, you may contact us or lodge a formal complaint with the Data Protection Authority.
How to withdraw your consent to the processing
You may withdraw your consent to any relevant processing of personal data:
By sending us an e-mail to the following address: ([email protected])
By writing to us at the address below.
How to exercise your right of access to your personal data
You may exercise your right of access to your personal data:
By sending us an e-mail to the following address ([email protected])
By writing to us at the address below.
Please note that you may be asked for additional information to confirm your identity before we provide you with the information you require.
Our contact details - how to get in touch Our full contact details are:
Via Vittorio Veneto, 7
70128 Palese Bari
Telephone number: +39 080/9674110 E-mail: [email protected]
The Guarantor for the protection of personal data
The Garante per la protezione dei dati personali is the supervisory authority in Italy. The Garante can also provide you with further information about your rights and obligations in relation to your personal data, as well as handle any complaints you may have about the processing of your personal data by us.
Changes to this policy
Date of this policy
Art. 12: JURISDICTION AND COURT OF JURISDICTION
All disputes relating to the application, execution, interpretation and breach of the purchase contracts entered into online through the website www.asso.coffee, is subject to Italian jurisdiction; these general conditions refer, for what is not expressly provided for herein, to the combined provisions of Legislative Decree no. 50 of 15.1.1992 and Legislative Decree no. 185 of 22.5.1999.
Any dispute between the parties in connection with this contract shall be settled by the exclusive Court of Bari.