These Terms of Sale regulate the supply and sale of products to the consumer via the lavazza.in website (hereinafter the “Website”) owned by Luigi Lavazza S.p.A. and are formulated and supplied in compliance with the previsions of Italian Legislative Decree No. 2016 of September 6, 2005 (the so-called “Consumer Code”) and all other laws applicable to e-commerce.
1. CONTRACT PARTIES – COMMERCIAL POLICY
The parties of the contract are:
-Luigi Lavazza S.p.A. (“Lavazza”), with registered office in Turin, Via Bologna 32, Turin Chamber of Commerce Company Register, Tax identification number and VAT (IVA) number 00470550013;
-The “Customer”: the final consumer, or any natural person who makes a purchase through the Website for purposes other than a commercial, entrepreneurial or professional activity, in which he/she may be engaged;
Lavazza sells its products on the Website and conducts e-commerce business exclusively for its end-users who are the “final consumers” as defined above (hereinafter the “Consumer”). In view of this commercial policy, we therefore reserve the right not to process any orders from persons other than the Consumer. If you are not a Consumer, we therefore invite you to refrain from completing any sales transactions on the Website.
Lavazza sells its products through the Website only and exclusively in Italy. Purchase requests for a delivery address outside of Italy cannot be accepted and carried out by Lavazza
The language available to conclude the contract with Lavazza is Italian.
These Terms of Sale do not regulate the provision of services or the sale of products by entities other than Lavazza that may be present on the Website through links, banners or other hyperlinks. Before submitting any orders and purchasing products and services from entities other than Lavazza, we advise you to check their conditions of sale, because Lavazza is not responsible for the provision of services by such entities or the conclusion of e-commerce transactions between Website users and third parties.
2. APPLICATION OF AND CHANGES TO THE TERMS OF SALE
Lavazza reserves the right to change these Terms of Sale and the other documents listed above, evidencing such changes within the Website. Please check the Website regularly to see if any updates or changes have been made. Each change will be effective after its publication in the Website.
The Terms of Sale applicable to a purchase will always be those in force when the order is made.
3. PRODUCT FEATURES AND PRICES
On the Website, Lavazza exclusively sells products with proprietary and/or licensed trademarks or in any case with the authorisation of their respective owners. Lavazza does not sell used or irregular products or products of a quality inferior to the corresponding standard offered on the market.
The essential features of the products are presented on the Website within each product sheet. However, the images and colours of the products offered for sale on the Website may change and/or not be exactly the same as the real ones due to the Internet browser and monitor used.
The products are offered for sale at the price shown on the Website when the Purchase Order is made (see below). Product prices may be subject to changes and variations. We invite you to check the final sale price before submitting the order form confirming the purchase.
The prices shown on the Website must be understood to be inclusive of VAT and, except as expressly indicated, do not include any additional costs for shipping and delivery which, where applicable, are however made known to the Customer through special instructions on the Website and specifically brought to attention during the purchase process.
4. CONCLUSION OF THE CONTRACT
To purchase one or more products on the Website, the Customer must complete, and submit electronically to Lavazza, the respective order form (hereinafter “Purchase Order”) following the instructions provided during the purchase process. All phases of the purchase procedure are clearly described in the pages of the Website and via the related texts and graphics.
The Purchase Order, displayed in its entirety immediately before the conclusion of the contract and in any case before any payment is made, contains a summary of information about the essential characteristics of each product ordered, the price (including all applicable taxes or fees) and any applicable shipping costs and/or charges.
By submitting the Purchase Order electronically, the Customer unconditionally accepts and undertakes to observe these Terms of Sale with regard to their purchase with Lavazza. If you do not accept some of the terms listed in the Terms of Sale, please do not submit any Purchase Order.
Following receipt of the Purchase Order, Lavazza will verify the availability of the product ordered and, once availability has been verified, will send the Customer a confirmation of receipt by e-mail containing these Terms of Sale, including the provisions relating to the right of withdrawal, and therefore all the information already contained in the summary of the commercial and contractual conditions that were displayed before the Purchase Order was sent.
The contract of sale is deemed to have been concluded and completed when Lavazza, using electronic means, sends the Customer the confirmation of receipt of the completed and submitted Customer Purchase Order, after verification of the correctness of the data supplied and submitted.
The Purchase Order will be stored in our database for the period of time required for to complete the order and in any case not beyond the terms of the law.
Lavazza reserves the right to not process Purchase Orders that are incomplete or incorrect or not consistent with the commercial policy referred to in paragraph 1 of these Terms of Sale or where any of the products ordered are not available. In these cases, we will inform you that the contract has not been concluded and that Lavazza did not process the Purchase Order, specifying the reasons.
In particular, if the products shown on the Website are no longer available or sold at the time of your access to the Website, or at the time of submitting the order form, Lavazza will promptly inform you of the possible unavailability of the Products. In such cases the contract will not be completed and, if already concluded for any reason, will be automatically cancelled and no amount will be charged.
Any contractual or non-contractual liability is expressly excluded for direct or indirect damages to persons and/or property caused by the failure to accept an order for the above reasons.
5. PRODUCT BOOKING
Through the “Book Product” service you may purchase some products not available at the time of the Purchase Order, which Lavazza undertakes to ship once available.
Once the Purchase Order you have completed and sent using the Book Product service has been received electronically, and after checking that the data you have provided and transmitted are accurate, Lavazza will send an email notification containing information about product availability, shipping and delivery within one day after your order.
By sending the aforementioned notice, the purchase agreement will be deemed to be completed.
For anything else that is not specifically described in this paragraph, the following Terms of Sale will apply without prejudice.
6. SHIPPING AND DELIVERY
The products purchased through the Website will be delivered by Lavazza via courier to the address indicated in the Purchase Order within 3 (three) working days from the time of the conclusion of the contract. In the event that the courier fails to deliver for any reason, it will leave a non-delivery notification bearing the relevant numbers for arranging a new delivery date. The Courier delivers Monday to Friday, from 9:00 am to 6:00 pm.
For orders of less than 46.00 Euros the shipping costs is 5.99 Euros while on orders of amounts equal to, or greater than, 46.00 Euros, delivery is free of charge.
Payment of orders can be made:
(i) by credit card belonging to the Visa/MasterCard/American Express payment system;
(ii) on delivery, paying in cash directly to the courier appointed by Lavazza at the time of delivery of the goods.
In the case of payment by credit card, the financial information (for example, the credit/debit card number or its expiry date) will be forwarded, via encrypted protocol, to the banks providing the related services for remote electronic payment, without third parties being able to gain access to it in any way. This information, moreover, will never be used by Lavazza except to complete the procedures relating to your purchase and to issue the related refunds in case of any product returns (following the exercise of your right of withdrawal), or when it is necessary to prevent or report fraudulent activity through the Website to the police. The amount for the purchase of the products and any shipping charges will be charged at the time of shipment of the purchased products.
Before completing the order you have the right to request a tax invoice as indicated during the purchase procedure. We inform you that you will not be able to request the issue of such invoice after completing the procedure and sending the corresponding Purchase Order.
8. RIGHT OF WITHDRAWAL (Article 52 et seq. of Italian Legislative Decree No. 206 of September 6, 2005)
The Customer has the right to terminate the contract via a communication that allows the identification of the Customer and the contract, to be sent by registered letter with acknowledgment of receipt to the following address:
Lavazza Customer Service A Modo Mio – Via Bologna, 32 – 10154 Torino
Alternatively, the notification may be sent, within the same period, by email (email@example.com) or fax (011/2398333).
Withdrawal is only allowed within, and no later than, 30 days from the delivery date of the products. As soon as the notice of the withdrawal has been received by Lavazza, the Customer will be contacted by telephone as soon as possible in order to communicate the return address for the products; the Consumer will therefore ensure that the products are returned to Lavazza in accordance with the indications within, and no later than, the following 14 days. Lavazza, within the 14 days following receipt of the notice relating to the withdrawal, will refund, in full, the amount paid by the Customer. The costs of re-shipping the products to Lavazza are borne by the Consumer.
The complete integrity of the product to be returned is a prerequisite for exercising the right of withdrawal.
For further information about exercising your right of withdrawal please contact the Lavazza A Modo Mio Customer Service: Tel. (011/3020300) - Fax: (011/2398333) - Email: (firstname.lastname@example.org)
9. LEGAL COMPLIANCE GUARANTEE
In accordance with the provisions of Title III, Part IV of Italian Legislative Decree 206/2005 (the Consumer Code), Lavazza guarantees that the products purchased on the site will be free from defects for a period of two years from the date of delivery, without prejudice to all rights and remedies available to the Consumer under the rules of the Consumer Code, including the right to recovery without charge, by repair or replacement and, alternatively, the other remedies provided for in Article 130 of the Consumer Code. “Defect” means a significant limitation or reduction of suitability for the use of the product in accordance with Article 129 of the Consumer Code. All defects resulting from negligent or improper use of the product are not covered by this warranty. The defective product, if still covered by warranty, must be sent to the service centre together with a copy of appropriate documents to certify the purchase and the delivery date. For any further information, please contact our Customer Service.
10. COLLECTION OF USED PRODUCT OF EQUIVALENT TYPE (Article 22 of Italian Legislative Decree 49/2014).
In compliance with the provisions of Italian Legislative Decree No. 49 of March 14, 2014, Luigi Lavazza S.p.A. (Lavazza), when supplying a new piece of electrical and electronic equipment (EEE) produced by Lavazza for domestic use, following an order made by the Consumer through any remote communication technology, offers to pick up free of charge, on a one-for-one basis, the used electrical and electronic equipment for waste disposal, provided that it is equivalent to the new equipment supplied (equivalent WEEE). The collection of the equivalent WEEE will be carried out by Lavazza at the same address to which the new product was delivered and will take place after the delivery of the latter. To take advantage of the free collection of the equivalent WEEE, the Consumer must request the service when ordering the new product by contacting the Lavazza A Modo Mio Customer Service: Tel: 011 30 20 300 Fax: 011 23 98 333 Email: email@example.com. The total number of equivalent WEEE collected may not be greater than the quantity of the products of the same type that have been purchased. Lavazza, on verifying the existence of the request and the order to supply a new EEE, will ensure that the collection of the equivalent WEEE takes place within 30 days from the date of the order, using authorised suppliers who will contact the Consumer to agree on the date of collection. On the agreed date, the Consumer must ensure that the equivalent WEEE is ready for collection (disconnected from the power supply, clean, etc.). Collection can be refused if there is any risk of contamination to the staff responsible for the collection or if it becomes apparent that the equivalent WEEE does not contain its essential components or contains waste other than WEEE. In any case, we would like to remind the Consumer that all WEEE may be disposed of at municipal waste disposal centres. Very small WEEE (external dimensions of less than 25 cm) can also be deposited free of charge, even without the purchase of a new equivalent product, at the sale outlets with a surface area of at least 400 m2 for electrical and electronic equipment and at the other outlets that have voluntarily activated this service.
12. CUSTOMER SERVICE
For any information or complaint you can contact the Lavazza A Modo Mio Customer Service, Via Bologna 32 - 10152 Torino (Italy)
13. APPLICABLE LAW
The Terms of Sale are governed by Italian law and in particular by Italian Legislative Decree No. 206 of September 6, 2005 (so-called Consumer Code), with specific reference to the rules on remote contracts and Legislative Decree No. 70 of 9 April 2003 regarding certain aspects relating to commerce.
Jurisdiction for the resolution of any dispute will be that provided for by the Italian law in force at the time of the conclusion of the contract.
The European Commission provides a platform for online dispute resolution, which you can access via this link: http://ec.europa.eu/consumers/odr/. If you want to bring a question to our attention, please contact us by email at firstname.lastname@example.org