TERMS OF SALE

TERMS OF SALE

1. Scope of application

• These Terms of Sale (General Terms) of Ditta Artigianale Firenze Srl (the “Seller”) govern the offer and sale to consumers or professionals (hereinafter referred to as the “Customer”) of products sold at the Seller’s online store on the website www.dittaartigianale.com (hereinafter the “Website”), owned by Ditta Artigianale Firenze Srl (VAT No. 06445470484, a company with its registered office in Florence, Via dei Neri 30-30/R, contact details: customercare@dittaartigianale.it and are drafted and provided in compliance with the provisions applicable to protect Consumers and with the applicable legislation on e-commerce.
• For the purposes of these General Terms of Sale (the “Terms of Sale”), “Consumer” means any natural person who enters into a legal transaction for purposes unrelated to their independent business or professional activity. “Professional” means any natural person or legal entity or partnership with legal personality that, when entering into a legal transaction, acts for purposes related to their independent business or professional activity.
• The parties to the sales contract are the Customer and the Seller.
• These Terms of Sale do not govern the provision of services or the sale of products by parties other than the Seller that may be present on the Website through links, banners, or other hyperlinks. The Seller is therefore not responsible for the provision of services by such parties or for the conclusion of e-commerce transactions between Website users and third parties.
• The Seller reserves the right to amend the contents of these Terms of Sale, providing notice thereof on the Website. The Customer is therefore invited to consult the Website periodically to check for any updates or amendments. Any amendment shall take effect only after its publication on the Website.
• The Terms of Sale applicable to a purchase shall always be those in force at the time the relevant order is placed.

 

1. Commercial policy

• The products sold in the Website’s online store are intended exclusively for Italy; therefore, should the Customer decide to place the product on the market in a different country, the Customer shall be solely responsible for doing so and shall consequently comply with the regulations and restrictions applicable to both exports and imports into other countries. The Seller hereby disclaims all liability in this regard.
• Through the Website, the Seller offers its products for sale only within the territory of Italy.
• The services on the Website are provided in the following languages: Italian, English.

 

1. Registration on the Website for online access to the Website (“Shop” and “Promo” sections)

3.1  For Consumer Customers, products may be purchased through the Website either without registering on the Website, by directly selecting the products of interest through the “Coffee”, “Barista Shop”, and “Merchandise” sections accessible from the Website’s Home Page or through the other sections dedicated to purchasing on the Website, or by registering on the Website and thus creating a personal Account. Professional Customers may purchase through the Website only after registering and creating an Account.

3.2   By registering on the Website, the Customer (also referred to for these purposes as the “Registered User”) may create an Account through the “Access” - “Create Account” section after reading and accepting the privacy policy. By registering on the Website, the Registered User may benefit from any discounts or offers that may be available. Registration is free and does not entail any obligation to purchase products. Registration is completed by filling out a form indicating a first name, last name, valid email address, and password (hereinafter, the “Registration Credentials”) and is confirmed by an email sent to the address provided at the time of registration. Through the Account created, the Registered User can view their personal details, see orders already placed, and check the status of orders and delivery.

3.3 The Registration Credentials are strictly personal and may be used exclusively by the Registered User, who is responsible for keeping them secure and may not transfer them to third parties for any reason. The Registered User must promptly notify the Seller in the event of suspected misuse of the Credentials. The Registered User may change their Registration Credentials and personal data at any time through their personal area and may also recover their Account using the appropriate procedure.

3.4  The Registered User guarantees that the Registration Credentials provided during the Site registration procedure are complete, accurate, and truthful. The Registered User undertakes to indemnify the Seller against any compensation obligation or sanction arising from and/or in any way connected with their violation of the rules governing registration on the Site. The Registered User is solely responsible for accessing the Site using the Registration Credentials associated with them and is directly liable for any damage or harm caused to the Seller or third parties through improper use, loss, misappropriation by others, or failure to maintain adequate confidentiality of their Registration Credentials. All operations carried out using the Registration Credentials are deemed to have been performed by the Registered User to whom they relate.

3.5  The Seller reserves the right to refuse, at its sole discretion, a Customer's registration on the Site. The Seller also reserves the right not to accept orders, from any party, that appear unusual in relation to the quantity of products purchased or the frequency of purchases made on the Site.

 

1. Conclusion of the contract and purchase procedure

4.1  The product descriptions in the Seller's online store constitute binding offers by the Seller.

4.2  The Customer accepts the offer by completing the order form available in the Seller's online store. In this case, after entering the requested details, including payment details, at the end of the purchase procedure the Customer legally and bindingly accepts the contractual offer relating to the goods in their virtual cart by clicking the purchase button (“Complete the Purchase”) on the checkout page.

4.3  Before submitting the online order form in a binding manner, the Customer may correct their details at any time using the standard functions available there. In addition, before the binding transmission of the order, all details will be displayed in a confirmation window, where they may still be modified using the standard mouse and keyboard functions.

4.4   The purchase contract is deemed concluded between the parties when the Seller receives electronically the order form completed and confirmed by the Customer, subject in any event to the necessary verification of the accuracy of the order details, the proper payment as provided for in point 5 below, and that the conditions referred to in point 4.5 below have not occurred.

4.5  The Site indicates which products may no longer be available or for sale. However, if the Customer purchases one or more products for which unavailability is not indicated, the Seller will inform the Customer promptly, and in any event no later than 4 (four) business days from the day following the date on which the order was submitted, and the purchase order will be canceled. In such a case, any amount already paid by the Customer, including contributions toward order fulfillment and shipping costs, will be fully refunded by the Seller. The refund amount will be communicated by email and credited to the same payment method used by the Customer, and the contract will be deemed terminated between the parties. The Seller accepts no liability for any delays in crediting the refund that are attributable to the bank or to the type of credit card used for payment. In any event, the value date of the recredited amount will be the same as the debit date.

4.6  Upon receiving the order, the Seller informs the Customer whether the product selected by the Customer is available and sends the Customer, at the e-mail address provided, the order confirmation containing all the details relating to the concluded contract. Subsequently, unless the communication referred to in section 4.5 is sent, the Customer will receive an email informing them that the purchased goods have been shipped.

 

1. Prices and payment terms

5.1  Unless otherwise stated by the Seller in the product description, the prices shown on each product page are final prices and include the taxes applicable by law, excluding shipping costs, which will be indicated separately in the descriptions of the respective products. Shipping costs are calculated by the system based on the weight of the items ordered. In any event, shipping costs do not include any customs duties or local taxes, which remain the Customer's responsibility. Prices and costs may be updated. In any event, the final price, including a breakdown of shipping costs, is displayed through the “Show order summary” drop-down during the final stage of the purchase process, before the Customer clicks the “Complete Purchase” button. The Customer must therefore check the final sale price before submitting the relevant order form.

5.2  For payment for the purchased products, the Customer may use the following methods: PayPal, Credit Card, Shop Pay.

5.3  For payment by credit card (payment made upon completion of the order form submission), the relevant banking institution will authorize the charge for the amount relating to the purchase made. If the Seller is unable, for the reasons set out in section 4.5, to process the order, the Seller will request cancellation of the transaction and reversal of the amount held. The time required for the funds to be released depends exclusively on the banking system. Once the transaction has been canceled, neither the Seller nor the parties appointed by the Seller to manage the payment phase may in any way be held liable for delays and/or damage caused by the banking system. At no time during the credit card purchase procedure will the Seller become aware of personal information relating to the cardholder, since the information is transmitted directly to the website of the banking institution managing the transaction, which is a secure website. Financial information (for example, the credit/debit card number or its expiration date) will in fact be forwarded, via an encrypted protocol, to the banks providing the relevant remote electronic payment services, without third parties being able to access it in any way. Furthermore, this information will never be used by the Seller or by the parties appointed by the Seller except to complete the procedures relating to the purchase and issue the relevant refunds in the event of any product returns following the Customer's exercise of the right of withdrawal, or whenever it is necessary to prevent or report the commission of fraud through the Site to the police.

5.4   For payments via PayPal and via Shop Pay, the payment will be handled directly through the respective service providers, PayPal (Europe) S.à r.l. and Shopify International Limited, including any refund transactions.

5.5  Before completing the order, the Customer may request the issuance of a tax invoice as indicated during the purchase process. It will not be possible to request an invoice after the process has been completed and the relevant purchase order has been submitted.

 

1. Delivery and shipping conditions

6.1   The goods are shipped by carrier to the address indicated by the Customer. The order is processed based on the shipping address provided. The Customer is therefore responsible for correctly providing and identifying the delivery address, and the Seller will not be liable if the products cannot be delivered within the expected time due to an incorrect address or because no person authorized to accept the delivery is present at that address. Customer pickup is not available.

6.2  If the appointed courier returns the goods to the Seller because delivery to the Customer was impossible, the costs of the unsuccessful shipment will be borne by the Customer, unless the Customer has exercised the right of withdrawal referred to in section 9 because the failure to deliver was not attributable to the Customer.

6.3  The delivery times for the products ordered vary depending on the order placed by the Customer (e.g., whether the product is available from the manufacturer) and the delivery method selected by the Customer. The Seller undertakes to deliver the goods within the territory referred to in section 2.2 within 4-7 business days of receipt of the order and, in any event, barring obstacles due to unforeseeable circumstances or force majeure, no later than 10 business days from receipt of the order.

6.4  The risks of loss and deterioration of the goods are transferred to the Customer upon delivery or, in the event of the goods being transferred from one place to another, to the carrier upon delivery.

 

1. Receipt and inspection of the goods

7.1  Upon delivery of the goods, the Customer must check the quality and condition of the products, and in particular:

       - that the products correspond to those ordered;

       - that the number of packages delivered corresponds to that indicated on the transport document;

- that the packaging is intact and has not been altered, including the sealing tapes.

In the event of irregularities, tampering, damage and/or missing products, the Customer must accept the goods with an express reservation to check the contents, adding this wording to the delivery document received from the courier and specifying the reasons, while promptly informing the Seller.

7.2  It is possible to track the status of any shipment online using the tracking code that the system sends to the customer's email once the shipment has been dispatched, and which contains information about the carrier used, the shipment tracking code, and instructions on how to track the shipment.

 

1. Statutory conformity warranty and after-sales support

8.1  The Seller guarantees that the products sold on the Site conform to the sales contract and are suitable for the purposes for which they are intended and, in accordance with the applicable provisions on statutory conformity warranties and commercial warranties for consumer goods, informs the Consumer Customer that products purchased through the Site are covered by the statutory warranty for a period of two years from the delivery date. During this period, the Customer may therefore exercise all rights and remedies available to the Consumer in accordance with the applicable legislation, including the right to have the conformity restored free of charge through repair or replacement and, as a subsidiary measure, the other remedies provided for. If the Consumer Customer therefore believes that the goods purchased have defects (meaning a significant limitation or reduction in the product's suitability for use), they must first send a communication to the email address: customercare@dittaartigianale.it describing the situation and attaching documentation proving the purchase of the product and the reasons for the complaint.

Products repaired, modified, or altered in any way by the Customer are excluded from the statutory warranty. Any damage resulting from use of the product that does not comply with its intended purpose and/or with the provisions in the technical documentation accompanying the product, where available, or in the relevant operating instructions, is also excluded from the scope of the statutory warranty.

The defective product, if still covered by the warranty, must be returned to Ditta Artigianale Firenze s.r.l. · Via dei Neri 32/r · 20122 FIRENZE, ITALY together with documentation proving the purchase and delivery date.

• For any needs relating to the goods purchased, the Customer may contact customer support at +39 0552741541

 

9. Right of withdrawal

9.1  The Customer acting as a Consumer may withdraw from the Terms of Sale and therefore from the purchase contract for any reason, without having to provide reasons and without any penalty, within 14 (fourteen) days from the date of receipt of the products.

9.2  In addition to the withdrawal referred to in section 9.1, the Seller grants the Customer acting as a Consumer an additional period of 7 (seven) days (starting from the end of the period referred to in section 9.1) to withdraw voluntarily, for any reason, from the purchase without having to provide reasons and without any penalty. The total period within which withdrawal may be exercised is therefore 21 days from the date of receipt of the products.

9.3  To exercise the right of withdrawal referred to in the previous sections, the Customer must inform the Seller by sending a communication to the following email addresses customercare@dittaartigianale.it or dittaartigianale@pec.it, of the decision to withdraw from this contract by means of an explicit statement. 

To comply with the withdrawal deadline, it is sufficient for the Customer to send the notice exercising the right of withdrawal before the end of the relevant period.

9.4  Effects of withdrawal. The Customer who exercises the right of withdrawal is entitled to a refund of all payments made to the Seller, including delivery costs, without undue delay and in any event no later than 14 days from the day on which the Seller was informed of the Customer's decision to withdraw from this contract. These refunds will be made using the same means of payment used by the Customer for the initial transaction; the Customer will not incur any costs as a result of this refund. The refund may be withheld until the goods are received.

     The Customer is requested to return the goods to the Seller at the address Ditta Artigianale Firenze s.r.l. · Via dei Neri 32/r · 20122 FLORENCE, ITALY, without undue delay and in any event within 14 days from the day on which the withdrawal from this contract is communicated. The deadline is met if the Customer returns the goods before the 14-day period expires.

     The direct costs of returning the goods shall be borne by the Customer.

     The goods must be returned intact, complete with all their parts and in their original packaging (bags and packages).

9.5  The Customer will lose the right of withdrawal if the Seller determines that:

-    the returned product and/or its accessories and/or its packaging are not intact;

-    the product is missing its outer packaging and/or original inner packaging;

-    the product is missing components that are part of it and/or accessories;

-    the product is missing the quality seal or has been altered in its essential and qualitative characteristics.

If the right of withdrawal expires, the Seller will return the purchased product to the sender, charging them the shipping costs and, if the product price has already been refunded, the price of the product.

9.6  Exclusion of the right of withdrawal. The right of withdrawal is excluded for goods made to the consumer's specifications or clearly personalized, as well as for goods that are liable to deteriorate or expire rapidly.

      

10. Complaints, requests for information and Contacts

10.1 Any complaint or request for information may be addressed to the Seller using the following contact details:customercare@dittaartigianale.it o Ditta Artigianale Firenze s.r.l. · Via dei Neri 32/r · 20122 FLORENCE, ITALY

 

11. Privacy policy

11.1 The Customer's personal data collected during submission of the purchase order will be processed by the Seller solely to fulfill the Customer's express requests, in compliance with EU Regulation 2016/679 and the privacy policy available on the website. Any further processing will be carried out only with the Customer's express consent.

 

12. Applicable law

12.1 The sales contract referred to in these Terms of Sale and its performance are governed by Italian law, except that, where the Customer qualifies as a Consumer, the provisions that may be more favorable under the law of the country in which that Customer has their habitual residence shall apply where required by mandatory law, with the exclusion in all cases of the Vienna Convention on the International Sale of Goods.

12.2 Any dispute relating to these Terms of Sale shall fall under the exclusive jurisdiction of the courts of Florence, unless the Customer qualifies as a Consumer; in the latter case, the Customer may bring an action before the competent court in the jurisdiction of their place of residence.

 

13. Alternative dispute resolution

13.1 The Consumer Customer residing in Europe is hereby informed that the European Commission has established an online platform for the alternative resolution of disputes, providing an out-of-court method for resolving any dispute relating to or arising from online sales and service contracts. Consequently, if the Customer is a European consumer, they may use this platform to resolve any dispute arising from the online contract entered into with the Seller. The platform is available at the following link: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=IT

We are available for any questions at the email address provided in the “Contact” section.