General Conditions of Sale

 

    1. Purpose of this document
      1. These General Conditions of Sale (hereinafter “General Conditions”) regulate the supply and sale to end consumers (hereinafter “Customers”) of products marketed by Caffè Borbone S.r.l. (hereinafter “Caffè Borbone”) via the website www.caffeborbone.com (hereinafter “Website”). The products may be marketed via the website www.caffeborbone.com in Italy and in some EU countries. In the event of subscription to the Subscription Programmes, these General Conditions are supplemented by the special conditions established for the Subscription Programmes, “Subscription Programme Conditions” (see the section below).

         

      The products may only be purchased for domestic use and any resale to third parties is prohibited.

      For the purposes of these General Conditions, the term “end consumer” shall mean any natural or legal person acting for purposes which are outside their trade, business, craft or profession.

    2. The products are marketed by Caffè Borbone S.r.l., with registered office in Z.I. Località ASI Pascarola 80023 – Caivano (Naples, Italy) Naples business register no. NA - 567049, tax code and VAT no. 07097160639.

    3. Procedures for concluding the contract

      The customer may only enter into the contract via the Website or Customer Service.

      1. Subscription via Website

        The information and details contained on the e-commerce website www.caffeborbone.com constitute an invitation to Customers to conclude orders by submitting the electronic order form, which the Customer must complete and confirm on the order summary screen.

        The Customer may place an order by adding the item (product or service) of interest to their shopping cart, entering the required information and following the instructions provided. Orders for individual products may be finalised either without a personal account or via the Customer’s registered account as set out in article 3 below. In the latter case, the information associated with the account, including personal data and shipping address, shall be applied to the order unless otherwise specified. The Customers must register an account in order to access Subscription Programmes.

        The Customer may indicate a delivery address other than that recorded in their personal data and may also independently enter new addresses and edit or delete addresses.

        If the Customer wishes to receive an invoice, they must select the appropriate option when ordering.

        Upon confirmation of the order, a summary page is displayed and an email confirming receipt of the order is sent. By sending the order form, the Customer accepts that any purchase contract shall be governed by these General Conditions and any applicable special conditions, including the Subscription Programme Conditions.

        All orders are subject to acceptance by Caffè Borbone, which reserves the right to reject any order request in the event that: - the data provided by the Customer when filling out the order form is incomplete or incorrect; - the Customer does not qualify as an end consumer or is not able to fulfil the payment conditions; - the products or services ordered are not available. To this end, Caffè Borbone shall not be held liable for variations in the availability of certain products. If only part of the products ordered are unavailable and there are no other causes that legitimise the non-acceptance of the order request, Caffè Borbone shall be entitled to process the order proposal limited only to the products available; - the product destination address is located outside the pre-defined shipping territories. In the aforementioned cases, Caffè Borbone shall inform the Customer by email or telephone that the order cannot be accepted (in whole or in part), specifying the reasons, and the contract is not concluded. In this case, Caffè Borbone shall reimburse the Customer the sums already paid by the latter. In the event of a refund, Caffè Borbone shall only use the same means of payment as the Customer used to finalise the order. In case of cash on delivery payment to the carrier, Caffè Borbone shall request the Customer’s bank details in order to proceed with the refund by bank transfer.

        The purchase contract between the Customer and Caffè Borbone shall be concluded only when the Customer’s order is accepted by Caffè Borbone. In this case, Caffè Borbone shall send the Customer confirmation that their order is being processed to the email address provided by the latter during registration.

      2. Subscription via Customer Service

        The Customer may contact Customer Service as indicated in article 10 for assistance in concluding the contract via the Website.

        The Customer may also contact Customer Service as indicated in article 10 to conclude individual orders by telephone or email, following the instructions provided by Customer Service during said communications. Please note that the conclusion of the contract by telephone may require the registration of the call in accordance with the privacy policy contained on the Website, which can be consulted for more information.

    4. Account registration

      To register their personal account, the Customer must go to the “Your personal area” section of the Website marked with the symbol [symbol] in the top right-hand corner, select “Create Account” and enter the requested data (first name, surname, telephone number, email and password). After clicking on “Create Account”, the Customer will receive an email at the indicated address with a link to confirm their registration.

      Once they are registered, the Customer may access their personal area, from which they can monitor the status of their orders and manage their data, including their shipping address, and Subscription Programmes. Registering an account also allows the Customer to receive the Caffè Borbone newsletter containing the latest news and promotions on Caffè Borbone products.

      The Customer must look after the username and password they used to register and shall be responsible for any activity or action taken with their username and password. Caffè Borbone shall not be liable for any loss or damage resulting from non-compliance with these contractual provisions.

      The Customer undertakes to immediately inform Caffè Borbone of any unauthorised use of their access credentials or any other security breach.

    5. Prices and payment terms
      1. The product sales prices, the shipping costs and the payment methods are those indicated on the Website. The product sales prices are in Euro and include VAT, but do not include shipping costs, which will be added to the total amount due.

        Caffè Borbone reserves the right to change the prices shown on the Website at any time; in any event, price changes shall not apply to products forming part of orders already confirmed and paid for by the Customer. Under no circumstances may Caffè Borbone be held liable for any price variations.

      2. The Customer undertakes to pay the price of the purchased products using the following methods:

        Scalapay: If you buy with Scalapay you receive your order immediately and pay in 3 instalments. You acknowledge that the instalments will be assigned to Incremento SPV S.r.l., related parties and their assignees, and that you authorise said assignment.

        Online credit card: payment by Visa, Mastercard, American Express, Maestro, Diners Club. Credit card payments are handled directly by the secure servers of Braintree, a Paypal group company, which guarantees the security of online transactions. Caffè Borbone has no knowledge of the Customer’s credit card details and therefore may not be held liable for any fraudulent or unlawful use of the credit card by third parties, the details of which were communicated at the time of payment for the products purchased.

        PayPal.

        Apple Pay.

        Sofort.

        Bank transfer in advance.

        Cash on delivery paid to the carrier (only available for Italy).

        Once the order has been received, Caffè Borbone shall make a pre-authorisation request on the Customer’s credit card to ensure that the Customer has sufficient funds to complete the transaction. Credit cards will be subject to checks and authorisation by the card issuer. Caffè Borbone shall not be held liable in the event the entity in question refuses authorisation. Once the contract has been concluded pursuant to article 2 above, the charge made to the credit card will be final.

    6. Product shipping methods

      1. The products will be delivered according to the timeframes and methods of the delivery service chosen by the Customer from among the options on the Website. Transportation costs are borne by the Customer and may vary depending on the products contained in the order. Once the shipment has been dispatched, Caffè Borbone will send the Customer an email with instructions on how to track and trace the shipment. Shipments are made on Italian territory by Bartolini express courier and in Europe by couriers DPD or DHL. Caffè Borbone undertakes to collect any reports of non-delivery or delayed delivery of the products through Customer Service and, if necessary, to assist the Customer in protecting their rights in relation to the carrier, in accordance with the law.

        Caffè Borbone ships to the following countries:

        • Austria
        • Belgium
        • Denmark
        • France
        • Germany
        • Greece
        • Ireland
        • Italy
        • Luxembourg
        • Holland
        • Poland
        • Portugal
        • United Kingdom
        • Czech Republic
        • Romania
        • Slovakia
        • Slovenia
        • Spain

 

  1. Withdrawal and exchange of goods
    1. Right of withdrawal

      a) Exercise of the right of withdrawal provided by law

      The Customer, as a consumer, is entitled to the right of withdrawal, the legal provisions and methods of exercising which are indicated on the Withdrawal page at this link.

      In particular, the Customer is entitled to withdraw without penalty within 14 working days of the day the products purchased under these General Conditions were received or the day the products included in the first delivery were received in the case of Subscription Programmes. Exercising the right of withdrawal is free and does not require any justification; however, for purely statistical purposes Caffè Borbone may ask you to indicate the reason for your withdrawal.

      A Customer exercising the right of withdrawal is obliged to return the purchased products and is entitled to the refund of the purchase price as indicated on the Withdrawal page. To obtain a refund it is essential that the integrity of the products being returned is preserved. In particular, unless otherwise provided for by the applicable consumer law, in the case of food products, such as coffee products, or other soluble or infusion products, and of products intended to come into contact with the latter, the Customer shall not be reimbursed if the packaging of the product has been opened for hygiene or health reasons; in any case, if the value of the products has diminished due to the handling other than what is necessary to establish the nature, characteristics and functioning of the products (by way of example: damaged products, products that are not regularly or completely packaged, or in which certain parts are missing or have been damaged, such as components, elements, accessories, packaging materials, boxes, documentation and/or other objects), Caffè Borbone shall reimburse the Customer the amounts received after deduction of the decreased value of the products.

      Return costs shall be borne by Caffè Borbone unless otherwise provided for by any special conditions applicable and duly notified to the Customer at the time of purchase. The Customer may obtain further assistance by contacting Customer Service as indicated in article 10.

    2. Conventional right of withdrawal for exchange of products

      In addition to the statutory right of withdrawal set forth in article 6.1. above, Caffè Borbone shall grant an additional period of 16 days for the exercising of the right to exchange products.

      The Customer may request to exchange products from the 15th day after receiving the products until the 30th day after receiving the products.

      The right to exchange products may be exercised by the Customer in the same ways indicated for the right of withdrawal on the Withdrawal page at this link.

      The right to exchange products does not apply in the case of products purchased as part of Subscription Programmes.

    3. Products returned after the deadline

      In the event that the Customer returns the products after the term of 14 days from the date on which they communicated their exercising of the right to withdraw from the contract or the right to exchange products (if applicable) or in the case of products that have been opened and/or partially used and are not suitable to be returned as indicated on the Withdrawal page accessible here; the right to withdraw or exchange products (if applicable) shall not apply and Caffè Borbone shall return the purchased products to the Customer, charging them for the shipping costs.

  2. Products and guarantee
    1. The products sold on the Website belong to the Caffè Borbone brand and other brands legitimately available to Caffè Borbone S.r.l. The characteristics of each product are reported on the Website within each product sheet; however, the colours depicted may differ slightly to the real colours of the product as a result of the Internet browser and monitor used.
    2. Products sold by Caffè Borbone are covered by the legal guarantee for conformity defects provided for by the applicable consumer law. More information on the legal guarantee applicable to European consumers can be found on the “European legal guarantee” page accessible at this link.
  3. Changes to the service or variations in conditions

    Caffè Borbone reserves the right to amend these General Conditions and other special conditions, including the Subscription Programme Conditions, to reflect circumstances such as changes to the product range and the characteristics of the products, changes in the business or changes in the economic environment or for safety, legal or regulatory reasons. Caffè Borbone shall notify Customers of changes at least 30 days prior to the date they come into effect by sending an email to the email address associated with the Customer’s account (where applicable) and by publishing the updated conditions on the website. These changes shall not apply to any dispute between Caffè Borbone and the Customer that originated prior to the date of publication of the revised conditions. Use of the service after the introduction of amendments to the revised General Conditions or other Caffè Borbone conditions constitutes acceptance thereof. The Customer may reject the changes by ceasing to use the service (including using the Website, closing their account or terminating their Subscription Programme).

    Should any provision of these General Conditions be held invalid, void or for any reason unenforceable, this shall not affect the validity and enforceability of the other provisions.

  4. Force majeure

    Caffè Borbone shall not be held liable in the event that it is not able to fulfil orders or perform other due services because of events outside its control (so called “force majeure”) (including but not limited to, production stoppages imposed by legislative or administrative measures, epidemics, strikes, severe weather events, fires, floods, earthquakes, war, government measures and decrees, shortages of electricity or means of transport and other similar events beyond the control of Caffè Borbone), even if such events prevent or delay the activities of the carrier in charge of delivering the ordered product, it being understood that Caffè Borbone shall do everything in its power to prevent or reduce any delay.

    This provision does not prejudice the Customer’s statutory rights and in particular their right to receive the purchased goods within a reasonable timeframe or to be reimbursed in the event of non-delivery due to force majeure. The legal provisions in force in some states may prohibit the limitations on liability set forth herein. In the event that these provisions are applicable, the limitations on liability set forth herein shall have no effect and the Customer may be granted further rights.

  5. Support and Customer Service

    For any information concerning these General Conditions and/or the Subscription Programme Conditions and/or purchases made on the basis of same, interested parties may contact Customer Service in the following ways:

    - by telephone from Monday to Friday (excluding Sundays and holidays), from 9 a.m. to 5.30 p.m., on toll-free number 800 811 137 in Italy, or at +39 081 18 92 00 46 from abroad; - by filling in the assistance form and carefully choosing the reason for the request [link]; - by sending an email to shop-assistance (at) caffeborbone.com.

    Customer Service will respond as soon as possible. More information on Customer Service can be found here [link].

  6. Personal data protection
    1. With regard to all obligations relating to the collection and processing of the Customer’s personal data and the purposes thereof, please refer to the specific privacy policy and cookie policy on the Website.

  7. Applicable Law and Legal Jurisdiction

    These General Conditions shall be governed and interpreted in accordance with Italian law (with the exception of provisions on conflict of laws) and the application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.

    In the event of disputes, the Court of Naples shall have non-exclusive jurisdiction. As a consumer, the Customer may take legal action before the Court of Naples or of the European Union Member State in which they are resident or domiciled to initiate a dispute in relation to these General Conditions. If the Customer is a consumer with habitual residence in the European Union, they may benefit from the additional protections provided for by the mandatory rules of their country of residence.

  8. Dispute resolution

    In the event of a dispute, consumers resident in the European Union can use the European Commission’s online dispute resolution platform, which Customers can access via this link: http://ec.europa.eu/consumers/odr/. Should Customers wish to bring a matter to the attention of Caffè Borbone, they may contact Customer Service in the ways set forth in article 10.