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General conditions of sale

ACCEPTANCE OF THE GENERAL CONDITIONS OF SALE AND CONCLUSION OF THE CONTRACT

The contract between CafèNoir and the Customer shall be considered concluded and therefore binding when the company accepts the order, even partially. If the order is not accepted, CafèNoir shall in any case notify the Customer of this in a timely fashion.
By making an order using one of the various methods provided for, according to the order form present on the site (hereinafter the “Order”), the Customer thereby states that they have read the instructions provided during the purchase procedure and that they accept the following general conditions (hereinafter “Conditions”) in full.


METHOD OF PURCHASE


Purchases with shipping to UK require minimum order of £135.
Minors are not permitted to make purchases. The orders placed are definitive for CafèNoir only after the Company has sent the confirmation e-mail to the Customer indicating that the order procedure has been carried out correctly, that the payment has been authorized and that the products are at least partially available. If no confirmation e-mail is sent, the Customer must contact the Company's customer service (by chat, e-mail or telephone).

Customers may also request, when desired, that the Company issue a tax invoice, in accordance with Article 22 of Italian Presidential Decree no. 633/1972, using the flag provided on the CHECKOUT page (before confirming payment). Alternatively, the customer can write immediately to the customer service department indicating his tax data to request the issue of an invoice.

It shall in any case be understood that the images included in the product description are only provided as a guideline and may not therefore provide a perfect representation of the product's characteristics, for example in terms of color and size (the way the images are displayed can also depend on the web browser and computer monitor used to access the site).

None of the information and/or content on the site www.cafenoir.it should be considered a binding offer, but rather an invitation to make use of what is provided.

PRICES AND PAYMENT METHODS

The prices displayed include VAT and other taxes. The customer shall, in all cases, be informed of any shipping costs and payment surcharges in advance.
The following payment methods are available:

  • PayPal

    Customers may use PayPal to make payments. The specific methods used depend on PayPal itself.
  • Credit Card

    When purchasing goods using a Credit Card, transactions may be processed by PayPal's secure servers or another secure server chosen by the company. In no event shall the company have access to any of the customer's credit card details, as these are transmitted over an encrypted connection directly to the site of the payment processor. This data will not be held in any Company computer archive, and as such the Company shall not be held liable in any instance for fraudulent and unauthorized use of the credit card by third parties upon making payment.

DELIVERY OF PRODUCTS AND CORRESPONDING EXPENSES

The products purchased shall be delivered to the address indicated by the Customer in the order within 48-72 hours from the Company accepting the order, at the cost specified during the order process. The company reserves the right to choose whether or not to accept orders from outside Italy or Europe. In any event, the delivery times and costs for orders made from outside Italy are subject to variation.  

If the shipment is worth more than 135 £, the customer will have to take care of clearing the goods, paying the relative VAT and eventually othe duties.
Orders to countries outside the European Union may be subject to customs charges, which are the responsibility of the purchaser. Customers should therefore contact their customs authorities in advance in order to inform themselves of any such costs and potential import limits.

The delivery times specified by the Company are only given as approximate guidelines, and any delays in the same or deliveries consisting of subsequent multiple shipments shall not entitle the Customer to refuse delivery or request compensation of any nature.

Upon delivery of the products, the Customer must check the following:

  • That the number of packages delivered matches that specified in the shipping documents sent to them
  • That the package is intact, undamaged and the seal is (adhesive tape with Company logo) intact

Any missing packages or damage to the packaging and/or product must be determined immediately, and the corresponding reason for rejecting the delivery entered on the delivery documentation, which should then be handed back to the courier.

Once the package has been opened, any problems regarding the physical condition of the items ordered must be communicated in a timely manner to the Company's Customer Care department.


RIGHT OF CANCELLATION

In accordance with Article 52 of Italian Legislative Decree 206/2005, as amended by Italian Legislative Decree 21/2014, customers have the right to withdraw from the purchase contract as they wish within 14 (fourteen) calendar days from the date of receipt of the products.

In order to exercise the right of withdrawal granted by Article 5.1 above, the Customer must create a return request in his Personal Account (if Customer registered before the order entry) or make a request to the Customer Service (by chat, email or phone) within 14 (fourteen) calendar days following the receipt of the order. The Company will give the Customer all the necessary information to return the goods to the Company's warehouse:


Cafènoir spa
Via Cascina Lari 20
56028 San Miniato (PI)
Italy

The goods must be returned undamaged, in their original packaging, without dirt or other traces of wear.

The right of withdrawal applies to the entirety of the products purchased, so it is not possible to return only a part of the product purchased (eg, accessories, etc.)

The return shipment, until the signature of the receipt in the warehouse indicated by the Company, is at the risk of the Customer.
If the goods are damaged during the return shipment, the Company will immediately inform the Customer so that he can file a claim against the carrier and receive compensation. In this case, the product may be collected from the Customer and the claim and refund of the order will be cancelled for breach of contract.
The Company is not responsible for any damage, theft or loss that may occur during the return delivery.

Unless otherwise agreed, the Company will refund to the Customer the full amount paid for the returned goods within 10 (ten) calendar days of receipt of the return, using a payment method similar to that used by the Customer in the original transaction, unless another arrangement has been previously requested. The Company may delay the refund until receipt of the returned goods or until the Customer provides proof of the proper return of the entire order.
In the event that the returned goods are received at the Company's warehouse 14 days after the date of delivery of the order, the right of withdrawal expires. If the right of withdrawal lapses but the goods are received by the warehouse, the Company will return the purchased products and charge the Customer for the return costs, in addition to the purchase price if the latter has already been refunded.

In the event that orders (paid by credit card, Paypal or Satispay) are in storage due to missing delivery information, absent recipient or impossible delivery in general, if after 10 days delivery is still impossible, the Carrier will return the goods to the Company's warehouse. The order will be cancelled and reimbursed with a deduction of €19 to €55 for the return shipping costs depending on the country concerned by the delivery.

GUARANTEES

All products sold by the Company are guaranteed against material defects for 24 (twenty-four) months, pursuant to Title III of Italian Legislative Decree 206/2005. In order to make a claim under this guarantee, the Customer must retain the invoice or receipt along with the transport documents.

The guarantee against material defects shall only apply if the product has been used correctly and as specified by the manufacturer, and any usage and washing instructions provided with or on the product have been followed.

In the event that the Company is not able to replace a product under warranty (no longer available etc.), the Company shall refund the customer the entire amount paid, thus terminating the contract, or else replace it with a new item of equal value. In this case, the Customer shall be given the chance to choose between a range of items of an equivalent price range and specification to the originally purchased product which has been damaged.

In the event that the implementation of the guarantee requires the product to be returned, this must be sent back complete by the customer in the original packaging (thus including tags, packaging and any accessories).


PRIVACY

Personal data collected when the order is placed shall be processed by the Company only in order to satisfy the Customer's express requests, as provided for by Italian Legislative Decree 196/2003 and the site's Privacy Policy. Any further data processing shall be performed only with the Customer's express consent.


APPLICABLE LEGISLATION

The sales contract covered by these conditions and its performance are regulated by Italian Law.


COPYRIGHT

Brands, logos and other distinguishing marks present on the site belong to the respective owners. The use of such brands, logos and other distinguishing marks is prohibited, including their reproduction on other websites by unauthorized third parties. The site contents (text, images and graphics) are protected by copyright.


COMMUNICATIONS

All communications between parties must be made in writing and sent to the address indicated in the order. Communication in writing shall also be held to include communications sent to the other party's email address, as indicated on the site and in the order.
Any complaints or requests for information may be sent to CafèNoir at the following email address, or by phone at the following number:
Customer care email address: customercareonline@cafènoir.it
Phone: +39 0571 1540045 Monday to Friday, 09:00-13:00 and 14:00-18:00


LANGUAGE

The sales contract has been translated into other languages. In the event of any differences in the translated versions, the applicable version shall be the Italian original.