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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. In the event that 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

Minors are not permitted to make purchases. Orders sent shall be binding on Cafènoir only after the Customer has received email confirmation from the Company that the order process has been completed correctly, payment has been authorised and the products are at least partially available. If no such confirmation email is received, the Customer must contact the Company's Customer Care department using the online form provided.

Customers may also request, when desired, that the company issue a tax invoice, pursuant to Article 22 of Italian Presidential Decree no. 633/1972.

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 colour 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 unauthorised 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. 

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

Pursuant to 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 for any reason within 14 (fourteen) working days from the date of receiving the products.

In order to exercise the right to cancellation provided for in article 5.1 above, the customer must fill in the form available on the site at the following link, and send it to the Company.

In the event that the customer wishes to cancel the contract, they must return the products to the Company at their own expense within 14 (fourteen) days of receiving the goods, using the following address: 


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

The goods must be returned intact, complete with all parts and in their original packaging, with no dirt or other signs of wear. The following conditions must also be met:

  • The right to cancellation applies to the products purchased in their entirety, and as such it is not possible to withdraw from the contract only for a portion of the products purchased (e.g. accessories etc.).
  • Return shipping, up until signed for by the warehouse indicated by the Customer, is at the Customer's risk.
  • In the event that the goods are damaged during return shipping, the Company shall notify the Customer of this in order to allow them to make a claim against the courier in a timely manner and receive compensation from the courier. In this case, the product shall become property of the Customer once again and the request to withdraw from the contract shall become void.
  • The Company shall not be held liable in any manner for damage, theft or loss occurring during return shipping.

The Company shall refund the Customer the entire amount paid within 10 (ten) days of the return, using the appropriate refund procedure for the payment method used by the Customer for the initial transaction, unless agreed otherwise. The Company may suspend the refund until the returned product has been received, or until the Customer provides proof that they have correctly shipped back the entire order.

If the package should be returned after 14 days from the original date of delivery of the goods, the right to cancellation shall lapse.

If the right to cancellation lapses, the Company shall return the product purchased, once it is eventually received, and charge the shipping costs back to the customer, as well as the purchase price if this has already been refunded.


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 unauthorised 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.