The sale of the products contained in the virtual catalogs referred to on the web page www. cellinicaffe. com (hereinafter "Products") is governed by the following General Conditions of Sale formulated in accordance with the legislation on contracts concluded outside business premises and in particular by the provisions of Legislative Decree Legislative 6 September 2005, no. 206 (Consumer Code).
Frhome srl "Company subject to management and coordination by Ekaf - Industria Nazionale del Caffè S. p TO. pursuant to art. 2497 et seq. of the Civil Code” (hereinafter referred to as “Frhome srl”) manages an e-commerce system for the sale of items related to the Cellini brand. The sales contract can be concluded in the following languages: Italian, English, French, German, Spanish, Portuguese, Danish, Dutch and Polish.
Contracting parties The sales contract will be understood to be executed between:
- Frhome srl "Company subject to management and coordination by Ekaf - Industria Nazionale del Caffè S. p TO. pursuant to art. 2497 et seq. of the Civil Code" registered office in Corso di Porta Romana 6, 20122 Milan, Italy, C. f /P. VAT and company register registration - registration in the R. AND TO. of the C. c THE TO. TO. of Milan 2068939 – e-mail address: digital@cellinicaffe. com
- customer: the person (natural or legal person) who through the site www. cellinicaffe. com has sent an order that has been accepted by Frhome Srl. The application of any other contractual conditions is excluded, even if not expressly disclaimed by Frhome srl.
APPLICATION OF THE GENERAL SALES CONDITIONS
Before making the purchase, the Customer is invited to carefully read these General Conditions and is authorized to store them, reproduce them, download a copy and/or print them. For any further information, the Customer is invited to contact Frhome Srl at the e-mail address: digital@cellinicaffe. com By completing the formalities established to place the purchase order, the Customer declares to have read the formalities and to fully accept the General Conditions of Sale. The general conditions of sale may be modified over time by Frhome Srl and any modifications will acquire validity with their publication on the site. The conditions in force at the time of purchase will be applicable to each contract.
DESCRIPTION AND CHARACTERISTICS OF THE SERVICE FOR THE SALE OF PRODUCTS
The service for the sale of Products activated on the Site includes registration, access to selections, choice of Products, online transmission of the purchase order and any online acceptance of the order purchase, in compliance with the Art. from 50 to 61 of the Consumer Code.
The service is active regardless of the registration which is optional. The customer who intends to register can complete his registration by sending "username" and "password". The Customer who does not wish to register can still complete the purchase by providing only the data necessary for the delivery and invoicing of the order. The purchase and/or registration imply acceptance of the aforementioned General Conditions which govern the contract for the supply of the Products, as well as consent to the processing of one's personal data. In case of registration, the Customer is required to keep the password with the utmost diligence, undertaking not to allow the use of the service by third parties not expressly authorized by him, for whose behavior on the network he assumes all responsibility.
In the event of loss, theft or loss of the password, the Customer will have the right to activate the procedure for issuing a new password on the Site. Purchase order Each purchase order received by Frhome Srl must clearly contain indications regarding the Product code, its description, quantity, address and name of the recipient.
The ordering procedure on the Site provides for the possibility of identifying and correcting data entry errors before forwarding the purchase order. The purchase order sent by the Customer constitutes a binding contractual proposal for the Customer pursuant to Art. 1326 of the Civil Code. To confirm receipt of the order, Frhome Srl will send the Customer a summary email to the email address indicated in the registration. The existing e-mail is for informational purposes only pursuant to article 13 of the Legislative Decree. lgs 70/2003 and does not constitute acceptance by Frhome Srl of the order itself.
Acceptance of the purchase order and conclusion of the purchase contract Frhome Srl reserves the unquestionable right to accept or not the purchase order sent by the Customer.
The order will be confirmed by a subsequent e-mail Frhome Srl, without prejudice to the provisions of the following paragraph, undertakes to process the Customer's order without delay and in any case no later than 7 days from the day following the one in which the Customer sent the order.
It is understood that the execution of the order is subject to the actual availability of the Products. In case of lack of availability of the Product and/or in case of non-acceptance of the order, Frhome Srl will promptly inform the Customer and refund the same if the payment has already been made. In this case, the Customer will not be entitled to any other indemnity or compensation. Orders sent by persons who have not reached the age of majority will not be accepted. Method of archiving the sales contract The sales contract will be archived on the Site, in the appropriate section (Terms of Sale) and the Customer can access it at any time by following the viewing procedure on the Site.
The Products are depicted in the online Catalog in such a way as to correspond, as much as possible, to the exact characteristics possessed. The published images having the value of generic informative material may not exactly correspond to reality. The Products shown in the online Catalog may be purchased while stocks last, it being understood that Frhome Srl reserves the right not to make certain Products available at any time and/or to modify their characteristics. Frhome Srl also reserves the right to update the online catalog at any time, modifying the range or number of products.
PRICES OF THE PRODUCTS
The price of the Products is that resulting from the Price List published on the Website and in force at the time the order is sent by the Customer.
The prices of the Products published on the Site are in Euros, inclusive of the standard packaging and/or packaging and VAT, the rate of which is determined in relation to the type of Product. Prices do not include transport and delivery costs. All the aforesaid costs (delivery and packaging / special packaging), not included in the prices of the Products published on the Site, will be indicated separately in the order summary and confirmed in the order acceptance e-mail that will be sent to the customer by part of Frhome Srl.
Furthermore, for deliveries to be made in Other Countries, in Campione d'Italia, Livigno, the Channel Islands and the Canary Islands, the prices of the Products published on the website www. cellinicaffe. com are always understood not to include:
- a) any taxes and/or duties on the sale;
- b) any taxes and/or customs charges
- c) any other tax and/or charge applicable to the delivery of the ordered Products.
The Customer will be required to pay all taxes and customs duties applicable in the country of delivery of the ordered Products. Any and all charges or costs relating to the customs clearance of the delivered Products will remain the exclusive responsibility of the recipient of the delivery.
Legal guarantee Pursuant to Articles from 128 to 135 of the Consumer Code, Frhome Srl guarantees that the Products purchased online are free from defects and comply with the sales contract. The Product Warranty is provided by the manufacturer in line with the applicable legislation.
Any defects or non-conformities of the Products must be reported by the Customer promptly and in any case within the terms of the law by registered letter with acknowledgment of receipt addressed to:
Frhome Srl Corso di Porta Romana 6, 20122 Milan, Italy.
Failing that, the Products shall be considered accepted at the time of delivery. The aforementioned guarantee provided by Frhome Srl is void if the defect of the Product derives from carelessness or improper use or from an accidental event; the Product defect derives from normal wear, oxidation or atmospheric agents; the Customer, at the time of concluding the sales contract, was aware of the Product defect or could not ignore it with ordinary diligence; the Product has been disassembled, tampered with, modified and/or repaired.
In addition to the legal guarantee referred to in the previous Art. , some Products may be supported by a commercial guarantee from the manufacturer (factory guarantee), possibly contained in the Product packaging, for the duration and according to the terms and conditions written on the relative guarantee certificate.
In its capacity as seller, Frhome Srl is liable for damages caused by the Products pursuant to Articles from 114 to 127 of the Consumer Code, it being understood that, in its capacity as seller, Frhome Srl may be released from liability by indicating the name of the manufacturer.
AFTER SALES SERVICE
In the event that the Customer finds irregularities with respect to his order (delivery of incorrect items, defective products, lack of products, etc. ), are not satisfied with the service provided or would like information on the Products, you can contact the Customer Service at the following email address: digital@cellinicaffe. com To this end, the Customer must always provide the order number and the identification code of the Products.
Eventual tolerances, even repeated, of violations or defaults cannot constitute a precedent nor invalidate the validity of both the unfulfilled clauses and the other clauses of these General Conditions. Should any clause of these General Conditions be or become null or invalid at a later date, it is established that it will be interpreted in the sense in which it can maintain some validity, even if reduced with respect to the initial object, and in any case in the sense in which it can have some effect. In any case, the nullity or invalidity of a clause of these General Conditions will not render these General Conditions invalid in their other clauses and in their entirety.
APPLICABLE LAW AND JURISDICTION
These General Conditions and the sales contracts concluded through the procedure activated on the Site are governed by Italian law, without prejudice to any unavailable rights of the Customer guaranteed by the mandatory legislation of the his country of residence. The application of the 1980 Vienna Convention on international sales is expressly excluded.
The sale of products and/or provision of services takes place in the territory of the Italian State and is subject to the laws in force in the Italian Republic. The competent court for the resolution of any dispute will be the one established by the Italian legislation in force at the time of conclusion of the contract.