General Terms and Conditions of Sale

1. General Terms and Conditions of Sale

The offer and sale of products through the website shop.dersut.it are governed by the following General Terms and Conditions of Sale. These Terms and Conditions are formulated in accordance with Italian legislation on distance contracts, particularly as provided by Legislative Decree No. 206 of September 6, 2005 (Consumer Code).

2. Identification of the Supplier and Definitions

Under these Terms and Conditions of Sale, the following definitions apply:

• SUPPLIER: Dersut Caffè S.p.A., located in Conegliano (TV), ZIP code 31015 – Via T. Vecellio n. 6, VAT number, tax code, and registration number at the Treviso company register 00283150266 (C.E.A. TV- 38703), telephone +39 0438 411200, email shop@dersut.it.
• SITE: The Internet site https://shop.dersut.it through which the sale of the Supplier's Products is carried out.
  
• CUSTOMER: The person (consumer or non-consumer, who therefore purchases the Products within the scope of their business, commercial, professional, or other institutional activity) who submits a purchase order for Products sold through the Site.
• PRODUCTS: The Supplier's Products, which may belong to different merchandise categories, branded with trademarks fully owned by the Supplier, described directly on the Site in their essential characteristics (for each product viewed, the Customer can access a dedicated sheet containing the main information and data about the product itself) and which the Customer can purchase through the online purchasing procedure. It is specified that the images of the Products may not perfectly represent their characteristics but may differ in color, dimensions, and accessories depicted.

3. Application and Modification of the General Terms and Conditions of Sale

By placing an order in the prescribed manner, the Customer declares to have taken note of all the instructions provided during the purchasing procedure and to fully accept the General Terms and Conditions of Sale. The Supplier reserves the right to modify these General Terms and Conditions of Sale by providing notice on this page of the Site. The applicable General Terms and Conditions of Sale are those in force at the time of placing the order. Any changes will be effective after publication on the Site.

4. Registration on the Site

Registration with "username" and "password" is optional. If the Customer does not wish to register, they can still complete the purchase: only the data necessary for the delivery and, if applicable, the invoicing of the order will be requested, subject to consent to the processing of the Customer’s personal data.

5. Product Prices

The Products are offered at the price indicated on the Site at the date of the order.

The prices of the Products are expressed in euros and include VAT, which will be detailed in the invoice for the purchase of the Product, where issued.

The cost of shipping and any additional charges, if present, are not included in the purchase price but are indicated and calculated separately. By filling out the purchase order, and before the procedure is completed, the Customer will have the opportunity to verify such costs and charges.

6. Placing Orders

The steps for placing an order and concluding the purchase contract are clearly highlighted in the sequence of pages on the Site through explanatory texts. It is particularly advisable to review the information on withdrawal, which can be saved and printed at any time.

It is possible to correct/modify the data entered before sending the order; in any case, it will be the Customer's specific obligation to verify the accuracy of such data.

Upon receiving an order, the Supplier will automatically send a confirmation of receipt by email, which can be printed, summarizing all the details of the order itself, namely the details of the ordering party and the order, the price of the purchased Product, shipping costs, and any additional charges, the address where the Product will be delivered, the delivery times, and the existence of the right of withdrawal. The Customer undertakes to print and keep the purchase order.

If the Supplier is unable to fulfill an order received, it will promptly notify the Customer via a dedicated email. If an order should exceed the quantity available in stock, the Supplier, via email, will inform the Customer whether the Product is no longer bookable or what the waiting times are to obtain the chosen Product, asking whether they wish to confirm the order or not.

The Customer's right to compensation for damages or indemnity, as well as any contractual or extra-contractual liability for direct or indirect damages to persons and/or things caused by the non-acceptance of an order, is excluded.

Under Article 12 of Legislative Decree No. 70/2003, the Supplier informs the Customer that each order sent is stored digitally on the server at the site hosting manager and in paper or digital form at the Supplier itself, according to criteria of confidentiality and security.

7. Sale of Alcoholic Products. Purchase Contracts Entered into by Minors.

Regarding alcoholic Products, it is specified that these are Products for which sale is legally permitted exclusively to buyers over the age of 18 years. The purchasing procedure will be completed only towards Customers who meet this age requirement.

The Supplier is exempt from any liability in case the purchase is made by a minor under 18 years who has provided, at the time of accessing the Site or at the time of purchase, false information regarding their age and/or personal details in order to make the purchase of the good or access the Site data.

In any case, the persons exercising parental authority, or those performing such functions, will be directly responsible for the purchase and payment of goods by minors, without prejudice to the right of withdrawal under Article 12 of these General Terms and Conditions of Sale.

Finally, upon delivery, the Supplier's representative may also verify the age of the person receiving the Products, requesting the exhibition of a valid identity document.

8. Accepted Methods of Payment

The Supplier accepts payment via Credit Card or through the online payment system PayPal, which allows any company or consumer with an email address to send and receive payments. In the latter case, the payment is made through the PayPal platform.

As the conclusion of the purchase procedure implies the emergence of the obligation, on the part of the Customer, to pay the price of the selected products, it is specified that sending the order entails the obligation to pay.

Dersut Caffè S.p.A assumes no responsibility for any fraudulent and illicit use that may be made by third parties (for example, of credit cards) at the time of payment of the products purchased, provided that it demonstrates having adopted all possible precautions according to the best knowledge and experience of the time and based on ordinary diligence.

9. Shipping and Delivery of Products

The shipments and deliveries of Products will be made via courier. The Supplier will carry out the shipment of the purchased products exclusively to the destination address specified in the order. Shipments to PO Boxes are not accepted.

Delivery will take place within 10 working days from the acceptance of the order. The times reported for the receipt of the goods are nevertheless indicative, as they may vary depending on the destination of the Products.

The delivery charges are invoiced based on the gross weight/volume of the Product, and the related rates are visible at the time of ordering.

The recipient of the goods is responsible for the payment of taxes and customs duties provided by the legislation in force in the territory of destination of the Products.

The courier's delivery hours are from Monday to Friday from 8.00 to 18.00. Orders received on Saturday and Sunday will be processed the following Monday. Orders received during public holidays will be processed the next working day. The appointed courier will make a delivery attempt during the course of the day; if no one is found at the indicated shipping address, a notice of failed delivery containing a phone number to contact will be left.

Free shipping for orders over € 60,00 in Italy, excluding islands, Calabria, and Venice.

10. Acceptance of the Product by the Customer

Any damage to the packaging or the non-correspondence of the number of packages reported on the transport document compared to the order, must be immediately contested by placing a specific indication on the delivery document (signature with specific reservation, indicating the type of damage). With the sole signature of the delivery document, the Customer certifies the exterior integrity of the Product and the conformity of the delivery.

Any damage occurred during transport or problems related to the correspondence and/or completeness of the Products received must be reported within 4 (four) working days from the delivery by sending an email to  shop@dersut.it following the report. The Supplier will respond to the Customer, communicating the procedures for solving the problem.

11. Invoicing

For the issuance of the invoice, the information provided by the Customer at the time of the order will be taken as valid. No changes to the invoice will be possible after its issuance. When ordering, it is necessary to indicate whether the shipping address is different from the billing address.

Invoice available only if requested during the ordering phase.

12. Right of Withdrawal and Rules for Returns

The Customer has the right to withdraw from the purchase commitments, without any penalty and without the obligation to specify the reason, within 14 (fourteen) days from the date on which they physically acquire possession of the Products purchased online.

To exercise the right of withdrawal, the Customer is required to send a registered letter, with return receipt, to the Supplier's attention at the E-commerce Office, communicating their intention to withdraw from the contract, enclosing a copy of the invoice or the delivery document and specifically indicating the Products they intend to return. The communication may also be sent, within the same term, by email to the address shop@dersut.it. The Supplier will contact the Customer, communicating the return procedures.

In any case, without delay, the Supplier will confirm the receipt of the Customer's withdrawal communication, sending a specific email to this effect.

To comply with the withdrawal deadline, it is sufficient for the Customer to send the communication relating to the exercise of the right of withdrawal before the expiry of the withdrawal period highlighted above.

The Customer is required to return the Products to the Supplier without undue delay and in any case within 14 (fourteen) days from the day on which they communicated their withdrawal from this contract. The deadline is met if the Products are sent back before the expiry of the period of 14 (fourteen) days.

The direct costs of returning the Products will be borne by the Customer alone. In the event of withdrawal by the Customer, the purchase price of the returned Products will be refunded to them, with the sole exclusion of shipping costs, without undue delay and in any case no later than 14 (fourteen) days from the day on which the Supplier is informed of the Customer's decision to withdraw from the contract.

The refund will be made using the means used by the Customer for the purchase (PayPal or credit card); in any case, the Customer will not incur any costs as a consequence of such a refund.

The refund may be suspended until receipt of the returned products. In any case, to be entitled to a refund of the price paid, the Products must be returned intact and in their original packaging, thus the Customer must not have opened the package of the Product purchased online; in this last circumstance, the right of withdrawal must be considered excluded, as provided by Article 59, letter e) of Legislative Decree No. 206 of September 6, 2005, Consumer Code, thus making it impossible for the Customer to withdraw from the online purchase commitments or to request the return of the sum paid for the purchase.

Furthermore, it is specified that for certain Products, the right of withdrawal may be excluded, as they are in fact goods that are liable to deteriorate or expire rapidly – in accordance with Article 59, letter d) of Legislative Decree No. 206 of September 6, 2005, Consumer Code. If such right is expressly excluded, making it impossible for the Customer to withdraw from the online purchase commitments or to request the return of the sum paid for the purchase, appropriate evidence will be provided to the Customer in the information concerning the main characteristics of the Products.

13. Warranty for Food Products

In the case of food Products, the Supplier guarantees the conformity of the Products to current industry standards and their preservation until the expiry date shown on the package. The Products must be stored by the Customer according to the instructions provided by the Supplier and in any case in environments whose hygienic-environmental conditions are suitable with respect to the Products themselves; consequently, the Supplier will not be responsible for disputes concerning Products that were not stored by the Customer in accordance with the above.

Any non-conformities of the Products may be reported by the Customer according to the current consumer protection regulations, and in particular under Legislative Decree No. 206 of September 6, 2005 (so-called Consumer Code). The complaint of non-conformity of the Products must be sent to the Supplier as specified in the following point 14. In the event of non-conformity, it is the duty of the Supplier to provide for the free replacement of the non-conforming Product within a reasonable time.

14. Warranty for Non-Food Products

In the case of non-food Products, the Supplier guarantees the Products from defects in conformity under Articles 130 and 132 of Legislative Decree 206/2005 for 24 (twenty-four) months. To benefit from warranty assistance, the customer must keep the invoice or, if not available, the transport document.

If the purchased Product turns out to be non-conforming, the Customer may request the replacement of the same within the mandatory term of 60 (sixty) days from the discovery of the problem, by registered letter a.r., or by email to the address shop@dersut.it.

Following the communication of non-conformity, the Supplier will contact the Customer, communicating the procedures for returning the Product to the appointed courier, with costs borne by the Supplier.

The Customer must return the Product in its original packaging intact in all its parts, along with the invoice and the transport document.

Once the Product has been received and its non-conformity ascertained, the Supplier will provide for:

• the replacement of the Product with an identical one, or, in case of out-of-stock and upon agreement with the Customer, with one of equivalent value,
• the shipment of the replacement Product at its own expense.

If the returned product turns out to be conforming, the Supplier will proceed to return the purchased good to the Customer, charging them all shipping costs.

In the case of Products for which the manufacturer's warranty applies, the Customer may assert the remedies expressly provided in such warranty, following the procedures indicated by the manufacturer.

15. Governing Law and Competent Jurisdiction

These terms of sale are governed by Italian law.

Disputes arising from or related to these terms (including non-contractual disputes) are subject to the non-exclusive jurisdiction of the local courts of Italy, without prejudice, however, to the above not affecting the right of the parties to bring a lawsuit in any jurisdiction competent, according to the procedural law in force.

In the case of a non-consumer customer, the exclusive jurisdiction for resolving all disputes arising from or related to these terms (including non-contractual disputes) is exclusively that of Treviso-Italy.

16. Comunicazioni e reclami

Written communications directed to the Supplier and any complaints will be considered valid only if sent to the address Via T. Vecellio n. 6, Conegliano (TV), ZIP code 31015; or transmitted by fax to the number 0438 410547; or, still, sent by email to the email address  shop@dersut.it.

The non-consumer Customer declares to specifically approve, pursuant to Article 1341 of the Italian Civil Code, the following clauses of these General Terms and Conditions of Sale:

6. Placing Orders

9.  Shipping and Delivery of Products

10. Acceptance of the Product by the Customer

12. Right of Withdrawal and Rules for Returns

13. Warranty for Food Products

14. Warranty for Non-Food Products

15. Exclusive Jurisdiction

expressly provided in such warranty, following the procedures indicated by the manufacturer.

17. Art. 7 (Right of Access to Personal Data and Other Rights)

1. The data subject has the right to obtain confirmation of the existence or otherwise of personal data concerning them, even if not yet recorded, and their communication in intelligible form.
2. The data subject has the right to obtain information on: a) the origin of personal data; b) the purposes and methods of processing; c) the logic applied in the case of processing carried out with the aid of electronic instruments; d) the identifying details of the holder, the managers and the designated representative pursuant to Article 5, paragraph 2; e) the subjects or categories of subjects to whom the personal data may be communicated or who may become aware of it in their capacity as designated representative in the territory of the State, managers or agents.
3. The data subject has the right to obtain: a) the updating, rectification or, when interested, integration of the data; b) the cancellation, transformation into anonymous form or blocking of data processed in violation of the law, including data whose retention is unnecessary for the purposes for which the data were collected or subsequently processed; c) a statement that the operations as per letters a) and b) have been made known, also as regards their content, to those to whom the data have been communicated or disseminated, except where this fulfillment proves impossible or involves a use of means manifestly disproportionate to the protected right.
4. The data subject has the right to object, in whole or in part: a) for legitimate reasons to the processing of personal data concerning them, even though they are relevant to the purpose of the collection; b) to the processing of personal data concerning them for the purpose of sending advertising materials or direct selling or for carrying out market research or commercial communication.

Prot. 001/18/CL/ce