ART. 1) SCOPE OF APPLICATION OF THE GENERAL CONDITIONS – SUBJECT OF THE SUPPLY

1.1) These General Sales Conditions (the “Conditions”) form an integral part of every sales contract (the “Contract”) that:

(i) is concluded between Caffelab srl – VAT number 06534430480 – Via delle Torri no. 55 – Florence – Italy (the “Seller”) and a consumer using the website caffelab.com (the “Buyer”);

(ii) is perfected in accordance with the provisions of the following art. 2;

(iii) concerns the purchase, through the caffelab.com website (the “Site”), of products offered for sale on the same Site, whether they are manufactured in series or “unique pieces” commissioned by the Buyer based on the instructions provided by the latter through the completion of the order form referred to in the following art. 2.1 letter b) (hereinafter collectively referred to as the “Products,” unless specifically referring only to the unique pieces commissioned by the Buyer, which will therefore be referred to as the “Unique Pieces”). It is understood that:

(a) these Conditions govern the provision of services or the sale of products exclusively to individuals acting for purposes not related to any professional activity, that is, as consumers;

(b) these Conditions do not regulate the provision of services or the sale of products to subjects who have access to restricted areas of the Site;

(c) these Conditions do not regulate the provision of services or the sale of products by subjects other than the Seller, present or referred to on the Site through links, banners, or other hypertext links, and

(d) the Seller is not responsible for the provision of services or products by the subjects referred to in the preceding letter (c) or for any contractual or non-contractual relationships between the same subjects and the Users of the Site.

1.2) Each Contract shall exclusively concern the Products expressly and specifically indicated therein, excluding any other supply of Products, goods, and/or services.

The Buyer declares to have become aware, through their presentation on the Site, of the characteristics of the Products, as well as the instructions and warnings provided regarding the reasonably foreseeable use of said Products and the reasonable intended purposes thereof. Furthermore, the Buyer declares that, in using the Products, they will adhere to the instructions and warnings present on the Products themselves and/or in the packaging through which the Products are delivered.

ART. 2) CONCLUSION AND ENTRY INTO FORCE OF THE CONTRACT

2.1) The Contract is concluded in Italian and binds the parties from the moment both have accepted it. In any case, the Contract shall enter into force on condition that the following formalities have been fulfilled:

a) reading and acceptance through “point and click” of these Conditions (of which it is also possible to save or print a copy) as well as of the additional information referenced through Links from these Conditions;

b) electronic completion – by entering all required data – of the order form present on the Site, containing a summary of the Conditions, information on the essential characteristics of each ordered Product and its price (inclusive of all applicable taxes or duties), payment methods available to the Buyer for purchasing each Product, delivery methods of the purchased Products, shipping and delivery costs, conditions for exercising the Buyer’s right of withdrawal, methods and times for returning the purchased Products (the “Order Form”);

c) telematic transmission to the Seller of the Order Form by the Buyer, who will be required, before transmitting the Order Form, to identify and correct any errors in their data input;

d) telematic receipt by the Seller of the Order Form sent by the Buyer.

The Order Form will be archived in the Seller’s telematic database for the time necessary to process orders and in any case within the time limits set by law. The Buyer (if a registered user) may access their Order Form by consulting the “Order List” section within the “user profile” on the Site. The provisions of the following art. 11 are reserved.

Furthermore, once the Contract is concluded, the Seller will send the Buyer an email receipt of the purchase order, containing a summary of the information already indicated in the Order Form (regarding the conditions applicable to the contract, information relating to the essential characteristics of the Products sold, detailed indication of the price, payment methods, withdrawal, delivery costs, and applicable taxes). The order and receipt are considered received when the parties to which they are addressed have the possibility to access them.

The provisions of the following arts. 2.2 and 5 are reserved.

2.2) The Seller shall have the right not to proceed with purchase orders made in accordance with the previous art. 2.1 in the event that the Seller has not received payment for the Products, the data entered by the Buyer in the Order Form is incomplete and/or incorrect, the Products ordered by the Buyer are not (even temporarily) available, or the Unique Pieces resulting from the Buyer’s requests made through the Order Form do not comply with safety or good technical standards. In any case, the Seller also reserves the right not to proceed with purchase orders made in accordance with the previous art. 2.1.

In the event that the Seller does not proceed with a purchase order made by the Buyer, the Seller – promptly and in any case within 30 (thirty) days from the day following the day on which the Buyer transmitted their order to the Seller – must: (i) inform the Buyer by email of the above and (ii) reimburse the Buyer for any amount already paid by the Buyer.

2.3) Caffèlab has the right to terminate the contract entered into by simply notifying the customer with adequate and justified reasons; in this case, the customer will be entitled exclusively to the return of any amount already paid. The obligations assumed by the customer pursuant to article 7), as well as the guarantee of successful payment the customer makes using the methods described in article 3), are essential, so that by express agreement, the default by the Customer in respect of only one of these obligations will result in the automatic termination of the contract under article 1456 of the Italian Civil Code, without the need for judicial pronouncement, without prejudice to the right of Caffèlab srl to take legal action for compensation for further damages. The Customer will have the possibility to modify and/or correct the order until its final confirmation, after which the order must be considered final and binding for the Customer.

ART. 4) DELIVERY TERMS – PACKAGING – EXPENSES, TAXES, AND FEES

4.1) The delivery of Products takes place according to the shipping schedule indicated in the Order Form. Except as provided in the following article 8.

4.2) Products subject to an order by the Buyer are delivered by the Seller to the Buyer with packaging complying with industry standards.

4.3) The expenses, taxes, and fees, entirely borne by the Buyer, are specified in the Order Form.

4.5) In the absence of specific insurance, the seller is not liable for any damage that may occur to the goods during transport, including theft.”

ART. 5) RIGHT OF WITHDRAWAL BY THE BUYER

5.1) Right of Withdrawal by the Buyer:

• The Buyer has the right to withdraw from the Contract within 10 (ten) working days from the day they received the purchased Products from the Website.
• The right of withdrawal must be exercised by sending the return form to the Seller’s address (Via delle Torri 55 – 50142 – Florence) by registered letter with acknowledgment of receipt. Communication can also be sent by email within the same period, provided it is confirmed by registered letter with acknowledgment of receipt within 48 (forty-eight) hours thereafter.
• The Products must be returned and received by the Seller within 30 (thirty) working days from the date of their receipt. The only expenses due from the Buyer for exercising the right of withdrawal under this Article 5 are the direct return costs of the Products to the Seller.

5.2) Conditions for Correct Exercise of Withdrawal:

• The right of withdrawal will be considered correctly exercised by the Buyer if all the following conditions are met:
  • The return form must be correctly completed and sent to the Seller.
  • The Products must not have been opened, and the packaging seals must not be altered or damaged.
  • The wrappers and labels must be in perfect condition.
  • The Products must be returned in their original perfectly sealed packaging.
  • The returned Products must be sent to the Seller in a single shipment. The Seller reserves the right not to accept items from the same order that are returned and shipped at different times.

5.3) Consequences of Correct Withdrawal:

• In the event that the Buyer has exercised the withdrawal in accordance with Article 5.2, the Seller will refund the entire price of the purchased Products, while the shipping costs for the original delivery of the purchased Products will not be refunded, except in cases where the return of the Products is due to a cause attributable to the Seller.
• Once the Seller has received the Buyer’s return and verified that all the requirements of Article 5.2 have been met:
  • The Buyer will receive confirmation of the return acceptance via email.
  • The Seller will initiate refund procedures to the Buyer within 30 (thirty) working days from the date on which the Seller became aware of the exercise of the right of withdrawal by the Buyer.
  • It is understood that the actual time for crediting or refunding the amounts paid by the Buyer for the purchase of the Products will also depend on the credit/debit card used.
  • It is also understood that if there is no correspondence between the recipient of the Products indicated in the Order Form and the person who made the payment for the amounts due for their purchase, the refund of the amounts resulting from the Buyer’s withdrawal will be made by the Seller to the payer.

5.4) Consequences of Incorrect Withdrawal:

• In the event that the Buyer has not exercised the withdrawal in accordance with what is provided in the previous Article 5.2, and the Buyer’s return cannot be accepted because it does not comply with the above conditions:
  • The Seller will inform the Buyer by email. In this case, the Buyer may choose, by communicating it by email to the Seller, to receive at their own expense the purchased Products. If the Buyer is not interested, the Seller reserves the right to retain the Products and the corresponding amount for the purchase of the Products.

ART. 6) WARRANTY PERIOD

6.1) A warranty for product replacement applies for 24 months from the delivery date in case of defects.

6.2) The warranty covers replacement of defective products at the Seller’s expense. If replacement is impossible or excessively costly, the warranty offers a suitable price reduction or contract resolution.

• a) The Buyer can request a price reduction or contract resolution if: a) The Seller doesn’t replace defective products within 90 days.
• b) Previous replacements caused significant inconvenience to the Buyer.

The Buyer must report defects within 60 days of discovery to claim warranty coverage.

Modifications made by the Buyer void the warranty.

• The Seller isn’t responsible for damages resulting from improper use, poor maintenance, or non-compliance with provided instructions and warnings.

6.3) Warranty Conditions:

• The warranty is contingent upon the Buyer reporting any defects or lack of quality to the Seller within 60 (sixty) days from the moment of discovery, using the communication methods outlined in Article 9.

6.4) Warranty Expiration:

• The warranty becomes void if the Buyer makes modifications to the Products.
• The Seller holds no responsibility for damages resulting from improper use, poor maintenance, or behaviors not aligned with the instructions and warnings provided by the Seller on the Website, Products, or packaging through which the Products are delivered.

ART. 7) BUYER’S OBLIGATIONS

7.1) The Buyer is obliged to observe the utmost confidentiality and not to use, even after the termination of the Contract, any technical or commercial information (such as, merely by way of example, drawings, profiles, documentation, formulas, catalogs, user manuals, frequently asked questions, product codes, price lists, and correspondence; hereinafter, the “Information”) received from the Seller or learned in the execution of the Contract or during the placing of orders via the Internet.

7.2) It is understood that accessing the Information shall not grant the Buyer any rights to the same, thus excluding any transfer of rights to the Information by way of license or otherwise.

7.3) Considering what is provided in the previous article 7.1, the Buyer undertakes not to duplicate, disclose, or use the Information in any form for conducting or enabling activities that compete – even potentially – with those of the Seller (even after the termination of their contractual relationship with the Seller), directly or indirectly, on their behalf, through or on behalf of third parties

ART. 8) FORCE MAJEURE

8.1) Force majeure refers to any unforeseeable act or event, beyond the control and outside the will of the contractual parties, for which a prompt remedy is not possible (including, merely by way of example, war, even if undeclared, embargo, riot, insurrection, epidemic, fire, sabotage, natural disasters, government measures, strikes called by trade unions, inability to obtain supplies of raw materials, equipment, fuel, energy, components, labor services, or transportation).

8.2) In the event of force majeure, the obligations of the parties that cannot be fulfilled due to this cause are automatically extended, without penalties, for a period corresponding to the duration of the force majeure event. This excludes the Buyer’s obligation to pay the amounts due as the price payment, for which the previously agreed deadlines shall remain unchanged.

8.3) Upon the occurrence of a force majeure event, either party may terminate the contract if the duration of the force majeure event jeopardizes the execution of the Contract within acceptable timeframes in light of the interests of both parties.

ART. 9) COMMUNICATIONS

9.1) All communications required by the Contract, without any exception, as well as those that the parties must make in the execution of the same, must be made in written form (including email) under penalty of ineffectiveness.

9.2) These communications become effective upon reaching the addresses of the other contracting party, including any email address. Any change in the address of one party must be promptly communicated to the other

ART. 10) APPLICABLE LAW

• 10.1) The present conditions and contract are governed by Italian law, excluding the application of the Vienna Convention on international sales contracts of movable goods for contracts with consumers.

ART. 11) INFORMATION ON THE PROCESSING OF PERSONAL DATA

11.1) For the purposes of Italian regulations on the processing of personal data, the Seller informs the Buyer that personal data (personal, identification, fiscal, and economic data) concerning legal entities entering into relationships with the Seller, as well as the personal data of individuals acting on their behalf, are collected, recorded, organized, stored, and processed for administrative-accounting purposes. Specifically, these purposes encompass the following activities: order and invoice management, supplier administration, fulfillment of contractual obligations, or legal obligations. These data may be communicated to third parties, in relation to the purposes for which they were acquired and collected.

Further information regarding the processing of the aforementioned personal data by the Seller is available on the Seller’s website under the “Privacy” section. The Buyer declares to have already received full knowledge of this information at the time of subscribing to these Conditions.

11.2) The above serves as information in accordance with the aforementioned regulations, and the Buyer declares consent, for all legal purposes, to the processing of the aforementioned data by the Seller. The Buyer also declares to be fully aware of the text of Article 13 of Legislative Decree no. 196 of June 30, 2003, also available on the Seller’s website under “Privacy” regarding the “rights of the data subject.”

For further information, visit the “Customer Care” area or contact Customer Service via email (info@caffelab.it).

The Buyer, pursuant to and for the purposes of Article 1341 of the Italian Civil Code, specifically approves the clauses contained in the preceding articles:

1) Scope of application of the General Conditions – Object of the supply

2) Conclusion and entry into force of the Contract

3) Payment of the price

4) Delivery terms – Packaging – Expenses, taxes, and fees

5) Buyer’s right of withdrawal

6) Warranty

7) Buyer’s obligations

8) Force majeure – Withdrawal

9) Communications

10) Applicable law

11) Information on the processing of personal data

Customer Service

Caffèlab aims to ensure the utmost satisfaction of its Customers and consequently, to provide high-quality products. To achieve this goal, Caffèlab srl considers it fundamental to listen to its Customers’ feedback, understand their needs, and assessments.

The customer service precisely serves this purpose: allowing direct communication of suggestions, reasons for dissatisfaction, or issues to enable us to evaluate the situation and take the most appropriate actions to better meet your requests or resolve any problems.

To communicate issues, complaints, or suggestions for improving the offered service, please send an email with the subject “Customer Service” to the address info@caffelab.it. In the body of the email, you can provide the communications you consider useful for this purpose.

Note:

The communicated data will be processed in compliance with Legislative Decree 196/2003. By sending an email with the subject “Customer Service” to the address info@caffelab.it, you implicitly consent to their processing.

SHIPPING AND DELIVERY

Orders will be processed promptly.

Any unavailability of references will be communicated to the Customer, and the Customer will have the right to request a refund of the price of the unavailable goods or a full refund.

The couriers used apply the policy of the shortest possible delivery time and a maximum of two delivery attempts.

SHIPPING COSTS

Throughout Italy, shipping is free for orders over €50.00; for lower amounts, the shipping cost is €5.50, including VAT.

The price charged will be the one displayed next to the product at the time of order completion. Caffèlab reserves the right to change product prices and shipping costs without prior notice.

Any new amounts will be effective upon publication on the caffelab.com website and will apply to sales made from that moment.