GENERAL CONDITIONS OF SALE
These general conditions of sale are governed by Italian law and in particular by Legislative Decree 70/2003 relating to electronic commerce and by Legislative Decree 206/2005 with specific reference to the legislation on distance contracts.
This contract concerns the purchase and sale of coffee and related products, craft beers and related products and other product categories.
Purchase contracts entered into by minors
The purchase of beer (or any other alcoholic beverages) can only be made by people who have reached the age of eighteen. SA.I.DA. Distributori Automatici SRL is exempt from any liability in the event of a purchase by a minor under the age of eighteen, who has provided false information relating to age or false indications to purchase the goods and / or to access the data on the saidagustoespresso.com website or other domain owned or through which SA.I.DA. Distributori Automatici S.r.l. carries out its commercial activity and / or via telephone / email communication. In any case, parents are directly responsible for the payment of what is purchased by children under the age of eighteen, without prejudice to the discipline of withdrawal referred to in these conditions of sale.
Scope of
These General Conditions of Sale apply to any sale concluded between SA.I.DA. Distributori Automatici S.r.l. VAT number 05569410821 with registered office on street Eugenio Leotta n. 13 Palermo 90142 phone number (+39) 091 6379547 - (+39) 091 7861033, mail store@saidaespressocialde.com and the customer and made through the Website www.saidagustoespresso.com or other domain owned or through which SA.I.DA. Distributori Automatici S.r.l. carries out its commercial activity and / or via telephone / email communication. Sending an order implies acceptance by the Customer of these General Conditions of Sale. In this case, the Customer himself by confirming the dispatch of an order explicitly declares that the purchases concluded with SA.I.DA. Distributori Automatici S.r.l. are made for personal consumption or intended for consumption in the context of one's professional or commercial activity (office, shop, etc.). Otherwise it will be the Customer's responsibility to communicate in advance in writing to SA.I.DA. Distributori Automatici S.r.l. the intention to purchase the products on the site/s for commercial intermediation or resale purposes through the dedicated "Resellers" area clearly visible on the home page of the site (s). The minimum order to be made in the resellers area is 100.00 euros for any product category. Any purchase order for products and / or machines placed on the website www.saidagustoespresso.com and any contract concluded therein is governed by these General Conditions of Sale. SA.I.DA. Distributori Automatici S.r.l. reserves the right to modify these General Conditions of Sale at any time by publishing a new version on the website. Any changes will be effective after publication on the site.
The Customer is required to read these General Conditions of Sale which are made available to him on the Site, in order to allow them to be stored and reproduced in compliance with art. 12 of Legislative Decree 70/2003. Contracts concluded through the Site are governed by the Civil Code and by Chapter I of Title III of Part III of Legislative Decree 6 September 2005, n. 206 ("Consumer Code"), with particular reference to contracts negotiated away from business premises and distance contracts. The applicable General Conditions of Sale are those in force at the time the order is placed.
Products published on the site / s
The information relating to the products provided on the Site is always up-to-date. However, it is not possible to guarantee the complete absence of errors. All products in the catalog are represented by graphic images resulting from digital processing, therefore for all products in the catalog, the images shown are represented with the sole purpose of illustration and not binding from a contractual point of view. SA.I.DA. Distributori Automatici s.r.l. reserves the right to correct errors, inaccuracies or omissions even after an order has been sent and also to change or update information at any time without prior notice to the Customer.
Sending the order, order confirmation, order acceptance and conclusion of the contract
Orders are placed on the website www.saidagustoespresso.com following the following procedure:
the Customer, after registering on the website, having read and accepted the Privacy Policy, must fill out the order form in electronic format in its entirety containing the elements necessary for the identification of the Customer
and the products ordered; must select the desired payment method, the type of shipment chosen (if collected on site or delivered by courier) following the instructions contained on the Site, all under penalty of nullity of the order. By sending the order, the Customer acknowledges and declares to have read all the information provided during the purchase procedure and to fully accept these General Conditions of Sale.
The Customer will have the possibility to view and follow the status of his order in his Personal Account or via the shipping number he will receive via email.
Discount codes, where existing, are valid only for products and during the period indicated from time to time. Discount codes are non-refundable and are not cumulative. To take advantage of the discount codes, they must be entered in the appropriate field when validating the order on the site. In case of forgetfulness, the order cannot be canceled or renewed in order to take into account the discount code. Received an order, SA.I.DA. Distributori Automatici s.r.l. will automatically send a confirmation of receipt and Order Acceptance by e-mail, in which there will be a summary of the order and the type of shipment chosen. The Customer is obliged to immediately verify the data contained in the Order Acceptance and to report to SA.I.DA. Distributori Automatici s.r.l. any anomaly found, by contacting Customer Service at + 39-0916379547 or by email: store@saidaespressocialde.com
If the Customer does not receive the Order Acceptance within 24 (twenty-four) hours after sending the order, he must contact Customer Service for the necessary checks.
Acceptance of the order involves the conclusion of the contract between the parties.
Delivery of products
The products can be collected at the operational headquarters of SA.I.DA. Distributori Automatici s.r.l. at the address of street Eugenio Leotta n. 13 Palermo 90142 within 48 working hours of acceptance of the Order which will arrive by email to the customer, or may be delivered by express courier to the address indicated by the customer in the Order Acceptance. Delivery by courier will take place within 48/96 working hours for Italy and 4/7 working days for abroad, barring unforeseen circumstances due to force majeure, an email will be sent to the customer containing the tracking number and a link. to monitor the status of the shipment. Delivery can take place from Monday to Friday, excluding public holidays and national holidays. The Customer indemnifies as of now SA.I.DA. Distributori Automatici s.r.l. from any delay or non-delivery to the latter not attributable and from any liability in the event that, at the time of delivery, the courier does not leave the Customer any document (hereinafter also "waybill") proving the delivery. The delivery costs and any customs and / or import taxes and charges provided for by the legislation in force in the territory of destination of the products are charged to the customer. In addition, if the customer does not pay the customs duties of their country of destination and then the order goes back to the sender, the shipping costs for returning the goods will be charged.
The Customer can monitor the status of his order by logging into his personal account. It is up to the Customer to verify, at the time of delivery or collection, any damage or tampering to the packaging and / or the product (crushed capsules, with missing parts, packaging defects ). In case of anomalies, the Customer must immediately contest the anomaly to the courier, expressly specifying that the withdrawal takes place "subject to verification" of the content, under penalty of inability to activate the procedure for replacing or refunding the products received.
Furthermore, the Customer must inform SA.I.DA. Distributori Automatici s.r.l. of the anomalies found by e-mail store@saidaespressocialde.com or by contacting Customer Service at +39 0916379547 no later than 8 (eight) days, to be understood as an essential and mandatory term, starting from the date of receipt or collection of the products themselves, keeping the invoice and any waybill of the courier. SA.I.DA. Distributori Automatici s.r.l. having received the news of the anomaly, he will contact the customer and activate the procedure for the return of the goods. The costs of returning the goods will be borne by the Company. For the return of the goods, the Customer, following the instructions received from the Company, is required to return the product affected by anomalies in its original packaging intact in all its parts, with all components, elements, accessories, packaging materials, boxes , documentation and / or other objects, under penalty of non-replacement of the product or non-refund.
The Company, having received the product and ascertained the anomalies, will proceed with the replacement of the product or will issue a refund of the corresponding sums already paid by the Customer, without the latter being able to oppose anything due to the choice made by the Company.
In the case of product delivery, in whole or in part, different from the one ordered, all caused by a material error of SA.I.DA. Distributori Automatici s.r.l. the Customer must inform the Company by e-mail store@saidaespressocialde.com or by contacting Customer Service at +39 0916379547 no later than 8 (eight) days from receipt of the goods, in this case and under penalty of forfeiture, keep the order confirmation sent by the Company to the Customer at the time of purchase and the courier's waybill for evidential purposes, if the latter has chosen to ship by courier. In this case, the Company will activate the procedure for the return of the goods. The costs of returning the goods will be borne by the Company. For the return of the goods, the Customer, following the instructions received from the Company, is required to return the product, erroneously received, in its original packaging intact in all its parts, with all components, elements, accessories, packaging materials , boxes, documentation and / or other objects, together with the order confirmation, sent by the Company to the Customer at the time of purchase, and the courier's waybill, all under penalty of non-replacement of the product or non-refund of the sums paid.
The Company, having received the product and ascertained the diversity of the product, will proceed with the replacement of the product or will issue a refund of the corresponding sums already paid by the Customer, without the latter being able to oppose anything due to the choice made by the Company.
Italy retail shipping rates (final consumer)
The shipment for Italy referring to the final consumer is divided as follows:
- Purchase of goods up to € 39.99: cost € 5.00.
- Purchase of goods starting from 40.00 euros: free delivery.
Expenses to be added to the basic rate for orders with a maximum amount of 500.00 euros made with the payment method "cash on delivery" 4.99 euros even if the basic shipping is free.
It is also possible to collect your order at our office in Via Eugenio Leotta 13, Palermo, without any shipping costs. Simply select the "Pick up on site" option when confirming your order.
It should be noted that the system, after adding the products to the cart and before concluding the order, automatically calculates the shipping costs in order to inform the user in advance of the costs to be faced in the order confirmation phase.
International retail shipping rates (final consumer)
Shipping rates per order from countries outside of Italy are automatically processed by the system based on the taxable weight which provides for a calculation based on the greater weight between the volumetric weight and the actual weight; therefore, if the real weight of the goods inserted in the cart exceeds the volumetric weight in terms of kg, the former will be taxed and vice versa. In addition, by placing the products in the cart and before concluding the order, the system will automatically calculate the shipping costs. It is also possible to collect your order at our office on street Eugenio Leotta 13, Palermo, with a trusted courier at your own expense. Simply select the "Pick up on site" option when confirming your order.
Shipping rates Italy Resellers
The shipping rates for retailers are automatically processed by the system based on the taxable weight which provides for a calculation based on the greater weight between the volumetric weight and the real weight; therefore, if the real weight of the goods inserted in the cart exceeds the volumetric weight in terms of kg, the former will be taxed and vice versa. In addition, by placing the products in the cart and before concluding the order, the system will automatically calculate the shipping costs. It is also possible to collect your order at our office on street Eugenio Leotta 13, Palermo, without any shipping costs. Simply select the "Pick up on site" option when confirming your order. Furthermore, for orders of € 1.500,00 including VAT, Shipping is Free for the Italian national territory. The minimum order to order in the Resellers area is € 100.00 for all product categories.
International shipping for resellers
Shipping rates per order from countries outside of Italy are automatically processed by the system based on the taxable weight which provides for a calculation based on the greater weight between the volumetric weight and the real weight, therefore, if the real weight of the goods inserted in the cart exceeds the volumetric weight in terms of kg, the former will be taxed and vice versa. In addition, by placing the products in the cart and before concluding the order, the system will automatically calculate the shipping costs. It is also possible to collect your order at our office on street Eugenio Leotta 13, Palermo, with a trusted courier at your own expense. Simply select the "Pick up on site" option when confirming your order. The minimum order to order in the Resellers area is 100.00 euros
Right of withdrawal
The Community legislation provides that the Right of Withdrawal, governed by the Consumer Code, D.L. 206 of 06-09-2005, can be exercised only by natural persons acting for purposes that can be considered unrelated to their commercial activity.
The Right of Withdrawal is exercised by sending, within 14 working days, a written communication to the geographic address of the supplier's headquarters by registered letter with return receipt. The communication can be sent, within the same term, also by telegram, telex and fax, provided that it is confirmed by registered letter with acknowledgment of receipt within the following 48 hours, in accordance with Article 64, paragraph 2, of D.L. n. 206 of 06-09-2005. For his own convenience, the Customer can send the same communication to the e-mail address: store@saidaespressocialde.com together with registered A / R or fill out the return form (RMA) available on his Account.
Conditions to which the Right of Withdrawal is subject:
A) The purchased product must be returned intact and in its original packaging, complete in all its parts (packaging, any additional wrapping inside the product packaging, any paper or non-paper documentation, accessories, manuals or instructions for use); to limit damage to the original packaging it is recommended, if the conditions exist, to place it in an additional box. It is also recommended not to put any adhesive labels on the original packaging.
B) The shipment of the product, until actual delivery by the carrier to SA.I.DA. Distributori Automatici s.r.l. proven by a specific delivery document, it is under the complete responsibility of the Customer.
Return of goods:
The product must be returned to SA.I.DA. Distributori Automatici s.r.l. street Eugenio Leotta n. 13 Palermo 90142 within 7 working days from the notice of withdrawal, the customer will ship the goods at his own expense.
Refund Method:
Within 14 working days of receipt of the goods SA.I.DA. Distributori Automatici s.r.l. will refund the Customer the corresponding amount of the value of the goods resulting from the sales invoice subject to withdrawal. The aforementioned amount will not include shipping costs in accordance with art. 67 paragraph 3 and paragraph 4 of Legislative Decree 206 of 06-09-2005, and the collection fees of the transaction. For all refunds, payment will be made through the payment circuit that the Customer used at the time of the order.
Expiration of the Right of Withdrawal:
The Right of Withdrawal is totally lost due to the lack of the essential condition of product integrity in the event, upon receipt of the returned goods, SA.I.DA. Distributori Automatici s.r.l. detecs:
- damage to the product
- even partial use of the product
- the lack or evident damage of the original packaging
- the absence of integral elements of the product or their damage.
The right of withdrawal is not applicable pursuant to the Consumer Code, D.L. 206 dated 06-09-2005 in the following cases:
- Contracts for the construction, sale and leasing of immovable property and contracts relating to other rights relating to immovable property, with the exception of contracts relating to the supply of goods and their incorporation into immovable property and contracts relating to the repair of immovable property;
- Contracts relating to the supply of food or drink products or other household products delivered on a frequent and regular basis;
- insurance contracts;
- contracts relating to financial instruments.
- Contracts relating to the supply of goods or the provision of services are also excluded from the application of this section for which the overall consideration to be paid by the consumer does not exceed the amount of 26.00 euros, inclusive of tax charges and net of any ancillary costs that are specifically identified in the order note or in the catalog or other illustrative document, with indication of the related reason. In any case, the provisions of this section apply in the case of several contracts stipulated
simultaneously between the same parties, if the amount of the overall consideration, regardless of the amount of the individual contracts, exceeds the amount of 26.00 euros.
Product Warranties
For the products there is the European Warranty and it covers manufacturing defects and / or defects by the manufacturer, never in any case does the warranty coverage extend to malfunctions due to normal use and normal wear and tear of the product or its components.
Communications of any anomalies on the products received must be made, within 3 days from the date of delivery, to store@saidaespressocialde.com or +039 0916379547 and the product must be returned by the customer or at the customer's expense to the Laboratories or Warehouses of SA.I.DA. Distributori Automatici s.r.l. who will replace and / or repair the damage at its own expense. The costs of returning the product will be borne by SA.I.DA. Distributori Automatici s.r.l. Any liability of SA.I.DA. Distributori Automatici S.r.l. is excluded regarding the bad condition of the products due to inadequate storage after the time of delivery.
Billing
For VAT purposes, indirect e-commerce operations are similar to mail order sales and therefore are not subject to the obligation to issue an invoice as required by art. 22 of the Presidential Decree n. 633 of 1972, nor the obligation of certification by issuing the receipt or tax receipt pursuant to Article 2 letter oo of the Presidential Decree 21 December 1996, n. 696. Therefore, if the customer needs an invoice, he can request it by checking the respective section when concluding the order, and if it is not requested, the system will still issue a receipt.
Advertising
By accepting the terms and conditions, you authorize SA.I.DA. Distributori Automatici s.r.l. to use your data to send you advertising and service information by email.
Copyright and intellectual property
The brands and logos SA.I.DA. Gusto Espresso present on the website are owned by SA.I.DA. Distributori Automatici S.r.l. All other trademarks and logos are the property of their respective owners.
Disputes
Any dispute relating to the application, execution, interpretation and violation of the contract entered into online by the Customer with SA.I.DA. Distributori Automatici S.r.l., is subject to Italian jurisdiction; for any dispute between the parties in this regard, the Court of Palermo is competent.
Applicable Law and Referral
The contracts entered into online by the Customer with SA.I.DA. Distributori Automatici S.r.l. are governed by Italian law; although not expressly provided herein, the laws applicable to the relationships and cases provided for in the contract stipulated online by the Customer with SA.I.DA. Distributori Automatici S.r.l. are valid.
Pursuant to art. 1341 and 1342 of the Civil Code, the Customer declares to have carefully read and expressly accept these General Conditions of Sale of SA.I.DA. Distributori Automatici S.r.l.
Purchase of alcoholic beverages
The purchase of beer (or any other alcoholic beverages) can only be made by people who have reached the age of eighteen. SA.I.DA. Distributori Automatici SRL is exempt from any liability in the event of a purchase by a child under the age of eighteen, who has provided false information relating to age or false indications to purchase the goods and / or to access the data on the saidagustoespresso.com website or other domain owned or through which SA.I.DA. Distributori Automatici S.r.l. carries out its commercial activity and / or via telephone / email communication. In any case, parents are directly responsible for the payment of what is purchased by children under the age of eighteen, without prejudice to the discipline of withdrawal referred to in these conditions of sale.