(in compliance with Paragraph I, Title 3, Part 3, of Italian Law dated 206/2005 and subsequent integrations and modifications)
1. INTRODUCTION AND EFFECTIVENESS OF THE GENERAL TERMS AND CONDITIONS
These general terms and conditions of sale (hereinafter, “General Terms and Conditions”) apply to the sale of products and services through the website http://neroscuro.wpengine.com and any other subdomain and/or subdirectory (hereinafter, the Website) under the Italian law known as “Consumer Code”).
The seller of the products and the owner of the Website is Nero Scuro SRL, with registered office in 36061 Bassano del Grappa (VI), Italy (hereinafter “Nero Scuro”).
The customer who uses this Website to purchase products or services (hereinafter “Customer”) before sending the order shall carefully read these General Terms and Conditions which will be accessible at any time by the same Customer, also through the link included in the confirmation email of each order to enable their reproduction and storing.
If the Customer requires the issuance of an invoice and/or in any case he/she is not a “consumer or user” as defined by the Consumer Code, the cancellation rights pursuant to Articles 7 and 8 of these General Terms and Conditions shall not apply, as well as the provisions that under the Consumer Code apply only to “consumers”.
The agreement entered into with Nero Scuro through this Website is governed by these General Terms and Conditions in accordance with the Italian law. The agreement may be translated in bona fide, for Customer's convenience, into other languages. In case of differences between the Italian and the translation, the Italian version shall prevail.
2. CHOOSING AND ORDERING THE PRODUCTS
The features and the price of the products or services sold on the Website (hereinafter, “Product” or “Products”) are shown on the page relevant to each Product.
By submitting an order from the Website, which has the value of a contractual offer, the Customer acknowledges and declares to have read all the information provided during the purchase procedure and to fully accept these General Terms and Conditions and the applicable terms of payment.
The agreement entered into between Nero Scuro and the Customer shall be considered as concluded once Nero Scuro has accepted the order. Such acceptance is communicated to the Customer via an order confirmation sent over email to the Customer’s designated address containing the wording “Order Confirmation”, a reference to these General Terms and Conditions, the order number, the shipping and billing data, the list of ordered Products with their essential characteristics and the total price, including delivery charges but excluding any import taxes or duties, that shall be paid in full by the Customer. The Customer shall check the confirmation email and if he/she finds mistakes in the order, he/she shall have 12 hours from the receipt of such email to contact the Customer Service directly from the Website using the special contact form, accessible in the section “Help”. After this deadline, the order shall be processed and further changes will no longer be accepted, without prejudice to the Customer’s rights under section 7 below.
For avoidance of doubts, any emails sent by Nero Scuro to the Customer shall not be deemed as order acceptance confirmations unless they contain the wording “Order Confirmation”.
Once the order has been received, Nero Scuro shall check the availability of the stocks necessary to fulfil of the order. In the event that one or more of the Products are not available, the Customer Service of Nero Scuro shall timely send an email to the Customer who, within the next 12 hours, will have the right to reply in order to confirm the shipment of the Products available or cancel the order. If the Customer does not reply within this time limit, the order shall be considered as confirmed and the available Products shall be shipped. In this case the full amount relating to missing Products shall be reversed or, depending on the chosen payment method, not charged to the Customer. The Customer shall be charged for a shipping cost normally charged for the Products actually shipped and reimbursed for the excess paid if any.
3. PRODUCT INFORMATION
The Products information and features are available, with their related Product codes, on the Website.
The graphic representation of the Products on the Website, if available, normally corresponds to the photographic image shown together with the product description. It is understood that each image of each Product has the sole purpose of presenting the Product for sale, may not be perfectly representative of their characteristics and qualities, and may differ from the actual Products for characteristics such as, but not limited to, colour and/or size. In case of a difference between the image(s) and the Product description, the description shall prevail.
4. PRICES AND SHIPPING
Product prices, unless otherwise noticed, are inclusive of all taxes and fees due to the Italian State. Product prices are not inclusive of Import Fees, if any. Those Products for shipment to countries outside of the European Union may in fact be subject to taxes, customs duties and fees levied by the destination country (“Import Fees”). The recipient of the shipment is the importer of record in the destination country and is fully responsible for all Import Fees. For the avoidance of any doubts, in no case Nero Scuro shall not be deemed as responsible for the payment of the Import Fees.
Shipping charges only apply to orders of an amount not exceeding xxx and vary depending on the Country of destination.
5. PAYMENT AND BILLING
5.1 PAYMENT METHODS
The Customer may pay the price of the Products and their delivery costs by Credit Card or PayPal.
The circuits on which it is possible to buy on the Website are:
- American Express
In order to guarantee the maximum security, the Website checkout process has been designed in such a way that the Customer shall carry out the payment transaction directly on the Online Payment Service Provider secure server. Starting from 1/11/2014, the Online Payment Service Provider used by Nero Scuro to process the payments on the website is Stripe Inc., whose Terms and Conditions are reported under http://stripe.com/it/terms and are deemed as read, understood and accepted by the Customer as integral part of Nero Scuro Terms and Conditions.
The Website does not store any Customer’s credit card number. The Payment Service Provider uses the SSL protocol to encrypt the transmitted data between its server and the Customer’s browser. The Payment Service Provider is certified PCI level 1.
Once the order is confirmed, the Customer shall be redirected to PayPal’s website where he/she may carry out the payment with his/her account or by using an accepted card or in any other manner accepted by PayPal and in compliance with the PayPal relevant Terms & Conditions.
5.2 ORDER INVOICING
If the purchase is made by a professional it shall be possible to request the issuance of the invoice by selecting the appropriate box during the ordering procedure and entering the billing information including tax code and/or VAT number. In that case, the invoice shall be sent by email to the designated email address. The professional is responsible for the proper entry of the billing data and he/she is expressly informed that if no invoice request is carried out during the ordering, it may not be requested at a later stage.
6. TRANSPORT AND DELIVERY
Products purchased on this Website shall be delivered to the address indicated by the Customer during the checkout procedure.
All purchases shall be delivered by the delivery courier chosen by the customer at checkout amongst those made available (hereinafter, “Courier”) from Monday to Friday, except public holidays and national holidays. Nero Scuro is not responsible for unforeseeable delays or those which are not attributable to Nero Scuro. Once the Products are shipped, the Customer shall receive a confirmation email, which may include a link to track the shipment.
Without prejudice to cases of force majeure or delays not attributable to Nero Scuro, the ordered Products shall be shipped within a period of 15 (fifteen) working days from the day following the day in which Nero Scuro confirmed the order to the Customer through a specific order confirmation email.
The delivery lead time to the Customer’s designated address depends on the country of destination, on the Courier standard delivery time, and on the country-specific time to clear the import duties, if any. Therefore Nero Scuro does not guarantee a country-specific delivery lead time and shall not be deemed responsible for any delays once the shipment has been taken charge by the Courier.
7. RIGHT OF CANCELLATION
The Customer is entitled to cancel his/her order for any reason, without explanation and without any penalty, except for the cases in which the cancellation right is excluded under paragraph IV below. In order to exercise this right, the Customer shall send a written notice to Nero Scuro within 14 days from the date of receipt of the Products or, if s/he intends to exercise the right of cancellation before having received the Products, the notice of cancellation shall be sent at any time prior to their receipt. Such notice shall be anticipated over email to firstname.lastname@example.org and sent by registered letter with a return receipt, addressed:
Nero Scuro SRL
Att. Returns and Refunds
Viale Venezia 16/N
36061 Bassano del Grappa (VI)
Upon receipt of the notice Nero Scuro Customer Service shall open a file for the management of the returned Products and communicate to the Customer the instructions relevant to the return of the Products.
The right of cancellation is subject to the following conditions:
- THE RIGHT APPLIES TO A PRODUCT PURCHASED IN ITS ENTIRETY; THEREFORE, IF THE PRODUCT IS COMPOSED OF MULTIPLE COMPONENTS OR PARTS THE CANCELLATION MAY NOT BE EXERCISED ONLY ON A PART OF THE PURCHASED PRODUCT.
- IN CASE OF EXERCISE OF THE RIGHT OF CANCELLATION, NERO SCURO SHALL REFUND THE CUSTOMER THE FULL AMOUNT OF THE RETURNED PRODUCTS, INCLUDING THE SHIPPING EXPENSES PAID BY THE CUSTOMER TO NERO SCURO, IF ANY, WITHIN 14 DAYS FROM THE DATE IN WHICH THE NOTICE OF CANCELLATION WAS RECEIVED, WITHOUT PREJUDICE TO THE RIGHT OF NERO SCURO TO SUSPEND THE PAYMENT OF THE REIMBURSEMENT UNTIL THE ACTUAL RECEIPT OF THE PRODUCTS. THE REIMBURSEMENT SHALL BE CARRIED OUT USING THE SAME PAYMENT METHOD USED BY THE CUSTOMER, UNLESS HE/SHE HAS SPECIFICALLY REQUESTED A DIFFERENT METHOD. THE CUSTOMER SHALL NOT REIMBURSED FOR THE SHIPPING EXPENSES RELATED TO THE RETURN OF THE PRODUCT(S).
- IN ORDER TO GUARANTEE THE RETURN OF PRODUCTS PURSUANT TO ARTICLE 8 BELOW, THE PRODUCTS SHALL BE PACKAGED IN THE SAME BOX IN WHICH THEY WERE RECEIVED.
- IN ADDITION TO THE CASES INDICATED IN ARTICLE 1 ABOVE (CUSTOMER NOT CONSUMER AND/OR REQUIRING THE INVOICE), THE RIGHT OF CANCELLATION IS EXPLICITLY EXCLUDED IN THE FOLLOWING CASES:
- orders of made to order, or clearly personalised, Products;
- order of Products which are likely to deteriorate or expire rapidly;
- order of sealed Products which are not suitable to be returned for hygienic reasons or connected to the protection of health or that were opened after the delivery.
With reference to the above cases where the cancellation right is excluded, the Customer is aware and agrees that the categories above include the roasted and green coffees, either whole beans or ground, in any format or package. The features and qualities of these types of Products are in fact subject to change even as a result of improper storage and, in case of roasted coffees, are made (roasted) upon specific order of the Customer. Therefore, for reasons of hygiene and for the protection of Customers, the right of withdrawal applies only to Products purchased on the Website that may be returned to Nero Scuro and re-marketed by Nero Scuro without any danger to the health of the consumers (such as, but not limited to, gadgets, tools, utensils, etc.).
In the cases of exclusion of the right of withdrawal, Nero Scuro shall return the purchased Products to the Customer, charging the shipping costs to him/her.
9. WARRANTY AND LACK OF CONFORMITY
In case of lack of conformity of the Products sold by Nero Scuro, the Customer shall immediately contact the Customer Service using the appropriate contact form accessible on the Website under the “Help” section.
The sale of Products shall be subject to the legal warranties provided in the Consumer Code. The Customer is entitled, at his/her option and to the extent that the type of the Product permits so, to a free of charge restoration of the Product’s conformity by repair or replacement, or to an appropriate reduction of the price, or to the termination of the agreement. The Customer loses these rights if he/she does not report the lack of conformity to Nero Scuro within one month from the date in which he/she discovered the defect, unless the Product by its nature is perishable or subject to expire in a shorter term, in which case the defect shall be reported within that reduced time. For avoidance of any doubts, the lack of conformity of Roasted Coffee shall be reported within 1 (one) week from the date of receipt.
10. ERRORS AND LIMITS OF LIABILITY
Information relating to the Products provided through the Website are constantly updated. However, it is not possible to guarantee the complete absence of errors of which Nero Scuro may not be held responsible, without prejudice to cases of wilful misconduct or gross negligence.
Nero Scuro reserves the right to correct any errors, inaccuracies or omissions also after an order has been sent, or to change or update information at any time without prior notice, without prejudice to the rights of the Customer under these General Terms and Conditions and the Consumer Code.
Without prejudice to cases of wilful misconduct or gross negligence, every Customer’s right to compensation for damages or to the recognition of an indemnity is excluded, as well as any liability in contract or tortious liability for direct or consequential damages to persons and/or things, caused by the lack of acceptance or even partial fulfilment of an order.
Any complaint shall be forwarded to Nero Scuro using the appropriate contact form accessible on the Website in the “Help” section, or by sending a registered mail to:
Nero Scuro SRL
Viale Venezia 16/N
36061 Bassano del Grappa (VI)
Nero Scuro is committed to reply to all requests received within a maximum of 10 working days.
12. APPLICABLE LAW AND JURISDICTION
The sale agreement between the Customer and Nero Scuro is governed by Italian law, without prejudice for the mandatory provisions of English law. For the resolution of disputes concerning the interpretation, execution or termination of these General Terms and Conditions or individual purchase orders if the Customer is a consumer within the meaning of the Consumer Code, the Court of his/her place of residence or domicile shall have exclusive jurisdiction. Without any prejudice to the Court of jurisdiction and the Consumer Code, the customer explicitly agrees that the Italian shall be the language for the arbitration. In all other cases, the territorial jurisdiction is exclusively that of the Court of Vicenza, excluding any other competent court. The application of the United Nations Convention on Contracts for the International Sale of Goods is explicitly excluded.