General Conditions

For the purposes of these general conditions, the following are meant:
Seller: Joe Break srl, with registered office in 83025 Montoro (AV), via Parrelle 95, VAT number 02909420644, registered in the Avellino Business Register with n. REA AV191665
Customer: the buyer, be it a professional or a consumer
Website: the Seller's website located at the address http://www.coffeina.it/
Products: the products sold by the Seller on the Website
Order Form: the form that can be filled in online on the Website by the Customer, containing their data and the special conditions of sale
Contract: the set of the Order Form and these General Conditions of Sale.

1 - Object. Proposal and acceptance.
By signing the Order Form, the Customer offers the Seller a sales contract for the Products indicated in the Order Form, at the price and according to the other conditions specified therein.
The proposal is irrevocable and remains for 10 days from the date of sending the Order Form.
Following the proposal, the Seller will carry out the appropriate and necessary order fulfillment checks and will communicate its possible acceptance within the term of the proposal.
The sale is always intended subject to stock verification.

2 - Nature of the contract.
In any case, the contract concluded must be understood essentially as a contract for the sale of movable property pursuant to articles 1470 and following of the Italian Civil Code.
The Contract is generally and naturally concluded between the Seller and the Customer as the end user of the Products.
If the Products are instead purchased by the Customer for resale purposes, the Seller's acceptance, referred to in Article 1, is in any case understood with the express clause and condition that the resale takes place only within the territory of the Republic. Italian.

3 - Samples. Operating mode.
In case of use of samples of the Products for demonstration and illustrative purposes, for example through images reproduced on the Website, the sample serves only to indicate in an approximate way the quality and / or type of the Products, so that the relative discrepancies are contestable only if significant. .
In any case, if the methods of use and / or application and / or functionality of the Products are indicated in the information and / or promotional brochures, the Customer is informed as of now that this indication refers to situations of standard use and that preventive checks are therefore necessary on the specific situations of use in the specific case, before choosing the Products for the purpose of their correct use and / or application and / or functionality.

4 - Delivery of the Products.
The Products sold will be delivered by courier to the Customer or to his representative in the place indicated in the Order Form, on the date and time of final delivery communicated by the Seller and / or by the courier informally.
Any delivery date provided in the Order Form is only indicative and delivery on a different date, provided it is performed within 30 days after the order, constitutes exact fulfillment by the Seller. By way of example, orders are generally processed the next day (Monday to Friday) upon receipt of payment and delivery takes place on average within 24 hours for Italy, within 48 hours for the Islands and some small fractions for shipments by express courier.
In the event of the absence of the Customer or his representative at the time and place agreed for the delivery or of unjustified refusal to deliver, the Seller will be released from the related obligation by depositing the Products in its own warehouses and / or by the courier and notice to the Customer. , also by fax or e-mail to the addresses indicated in the Order Form. In all these cases, the collection of the Products is the responsibility of the Customer.
Delivery costs, quantified on the Website and / or on the Order Form, are charged to the Customer and, if anticipated by the Seller, they will be requested as a refund from the Customer with insertion in the receipt / invoice. Again by way of example, any cash on delivery payment has a supplement of € 6.00 (the cash on delivery must be paid IN CASH ONLY).
The Seller provides, through a third party operator, an optional insurance for the delivery of the Products, at a premium of € 5.00 per shipment and / or according to the different premium indicated on the Website or on the Order Form.

5 - Price and payment methods.
The prices of each individual Product and / or the total price of the Products are indicated on the Website and on the Order Form, are confirmed in the Seller's acceptance form and refer only to the Products and only the accessory services expressly therein. described. For further services, such as by way of example specific deliveries and / or particular packaging on request, the relative fees will be indicated in the appropriate separate sections of the Order Form, with confirmation of the Seller's acceptance and inclusion in the receipt / invoice.
Payment will be made in the manner and within the terms indicated on the Website and / or in the Order Form and in any case, at the latest, at the same time as delivery. In case of payment by bank transfer, the balance must be credited two working days before delivery, which will be carried out only in the case of positive currency. In case of cash on delivery, the agent who will deliver the Products is henceforth indicated as the person authorized to receive payment in the name and on behalf of the Seller.
The price is indicated on the Website and / or on the Order Form, with VAT included.

6 - Late payment. Credit recovery costs.
Failure to fulfill the pecuniary obligation within the agreed terms authorizes the Seller to suspend the delivery of the Products and any ancillary services until payment has been made and entails the immediate notice of default by the Customer, with application of the conventional interest rate to the extent established. by Legislative Decree 231/02.
The Seller is entitled to compensation for the costs of recovering the sums not promptly paid, without prejudice to compensation for further damage, pursuant to Article 6 of Legislative Decree 231/02, which is understood to be extended to all relations between the Seller and his Customers, professionals or consumers.
In the event of partial payments subsequent to the expiry of the invoice and sending the reminder and / or notice of payment, these advances will be charged to expenses, interest and capital and other charges will not be accepted.
To this end, the legal costs of credit recovery will be calculated in accordance with the current tariffs.
For the sole purpose of preventing and / or in any case of countering the hypothesis of unsolved orders and / or fictitious orders with the inclusion in the Order Form of fictional data or not corresponding to the truth, the Seller reserves the right, in accordance with the specific information made pursuant to Legislative Decree 30 June 2003 n. 196, to carry out sample checks on the IP address of the person completing the Order Form, without prejudice to compensation for damages against him and any other rights inherent in such cases.

7 - Joint and several liability.
If the tax documentation indicates, at the request of the Customer, data of third parties, the Customer is in any case jointly and severally liable with any such third parties for the fulfillment of the pecuniary obligation indicated in the Order Form, without prejudice to the autonomous obligation of these subjects. in the cases provided for by the contract or by law.
Any invoice must be requested at the time of completing the Order Form, otherwise only a tax receipt will be issued.

8 - Retention of title agreement. Patents and protection of industrial and intellectual property in general.
In the event that the Products are exceptionally delivered before the full fulfillment of the pecuniary obligation, the sale is understood to be made subject to retention of title, pursuant to and for the purposes of articles 1523 and following of the Italian Civil Code. To this end, the Customer acquires ownership of the Products only at the time of full payment of the price, assuming the risks from the time of delivery. The sale with split delivery and / or split or deferred payment is also understood to be carried out with retention of title, except for what has been said for patented Products or in any case protected by industrial and intellectual property rules in the following points.
The Customer is aware that some Products sold are protected by patents and in general by the industrial and intellectual property rules in favor of the Seller, according to the specific rights that the individual products enjoy.
The Customer is also aware that the projects and any technical, demonstrative, promotional, advertising material of the products sold are protected by the rules of industrial and intellectual property in favor of the Seller.
Finally, the Customer is aware that the trademarks and other distinctive signs present or in any case reproduced on the Website and / or on the Order Form are owned by the Seller or are used by them under license or are owned by third parties and in the latter case, the trademarks and other distinctive signs are indicated by the Seller for mere descriptive purposes to illustrate the functionality and methods of use of the Products, without any distinctive value and without any intent to characterize the Products themselves.
Any act that violates the above-described industrial and intellectual property rights expressly constitutes counterfeiting and / or in any case illegal use and will be prosecuted according to the law and the contract.

9 - Express termination clause.
The Contract is considered resolved by law, pursuant to and for the purposes of art. 1456 of the Civil Code, upon the fulfillment of even just one of the following conditions, if the Seller declares to the Customer that it intends to make use of this clause:
a) failure to pay the price;
b) unjustified refusal to receive the delivery by the Customer and / or his unjustified absence at the time of delivery;
c) in the event that the Customer has purchased the Products for resale purposes, if the resale takes place outside the territory of the Italian Republic;
d) possible bankruptcy of the Customer and / or its subjecting to bankruptcy proceedings and / or in any case to procedures governed by bankruptcy law and / or similar;
e) in other cases in which the non-fulfillment of the Customer is so serious as to prejudice the contractual trust.

In the event of termination due to non-fulfillment by the Customer, the Seller will retain as indemnity any amounts already collected, without prejudice to compensation for damage.

10 - Defects and discrepancies. Disclaimer of Liability.
To benefit from this guarantee, the customer must report the lack of conformity with a communication addressed to the seller indicating the defects and faults found.
If the Products are intended for a professional or in any case for resale, the defects and discrepancies must be communicated to the Seller within 8 days from the date of receipt of the complaint by the additional buyer of the "sales chain", only by registered letter with acknowledgment of receipt. Failure to report within this period expressly constitutes acceptance of the supply, with consequent renunciation of any action by the Customer.
In the event of defects and discrepancies deemed evident, lack of essential qualities or promises or the sale of one thing for another, if no verification and consequent complaint is carried out within 8 days from the date of delivery, the silence of the Customer within this period it constitutes express acceptance of the supply, with the Customer renouncing any action.
In no case will the Customer be able to give as just reasons for failure to verify and / or report personal or subjective situations of his own or of his own employees, collaborators, relatives.
The presence of defects or non-conformities of the Products, even if duly reported, does not authorize the Customer to suspend payments as agreed.
In no case will defects and discrepancies that do not make the Products totally unsuitable for their intended use be considered as serious reasons.
The Seller is in no way responsible for defects and discrepancies resulting from the intervention of third parties not expressly authorized by the Seller.
In the event that the Seller makes use of collaborators for the execution of its service, the Seller's responsibility will in any case be suspended during the time necessary for carrying out the checks with the same collaborators, in any case for a minimum time of 90 days. , which remains suspended in the months of August and December.
The Seller's liability for defects and discrepancies is governed by the warranty regulations and is in any case limited to the replacement of the Products only.
In any case, the Seller's liability is also excluded:
1) if the defects or discrepancies were known to the Customer and the latter has not duly reported them;
2) if the defects or discrepancies derive from instructions or materials provided by the Customer;
3) if the defects or discrepancies are minor and the restoration is impossible or excessively burdensome;
4) if the defects or discrepancies arise from the methods of installation / use or from the materials used for installation / use;
5) if the defects or discrepancies derive from tampering or technical intervention by unauthorized personnel;
6) whether the defects or discrepancies concern the aesthetics of the product or non-functional characteristics of it;
7) in case of incorporation / use of the Seller's products in another product not attributable to the Seller, if the discrepancy is due to the design of the latter or to the instructions for incorporation / use;
8) in the event of incorporation in the Seller's products of another product not attributable to the Seller, if the discrepancy is due to the design of the latter or to the instructions for incorporation / use.

In the event of delayed delivery of the Products due to the Seller's fault, the Seller's liability is limited to a maximum amount equal to the sale price.
In no case will the expenses incurred by the Customer autonomously without the express prior consent of the Seller be recognized as compensation for damage.

It should be noted that all the products sold on the site, while taking into account the food nature of some of them (e.g. coffee), for
“consumer” customers are covered by the legal guarantee of conformity pursuant to art. 128 and following of the Code of
Consumption. Therefore the seller is liable to the consumer for any lack of conformity existing at time of delivery of the goods. In case of lack of conformity the consumer has the right, at his choice and on condition that the nature of the product allows it, to restore, without charge, the conformity of the goods by repair or replacement,
or to an adequate reduction of the price or to the termination of the contract.

11 - Change of conditions and order.
Changes and additions to these conditions will be effective only if agreed in writing. Changes to the order in relation to the type and number of Products, the price of the goods, the consideration for any further services subsequent to acceptance, requested by the Customer or made necessary by any technical results, will be effective pursuant to art . 1327 of the Italian Civil Code through the initiation of execution by the Seller with the Customer's notice. To this end, the delivery of the Products or the beginning of the execution of the changes at the Customer constitutes prompt notice to the same.

12 - Right of withdrawal for consumers.
Pursuant to and for the purposes of Chapter I, Title III, Part III of Legislative Decree 6 September 2005 n, 206 (Consumer Code, articles 52 et seq.), The Seller expressly communicates that the Customer who covers the as a "consumer" in accordance with current legislation, he has the right to withdraw from the Contract, without any penalty and without specifying the reason, within 14 (fourteen) working days from receipt of the Products. The desire to withdraw from the contract can be communicated:
1. by sending the "standard form" for exercising the right of withdrawal, attached to these Conditions of Sale, duly completed and signed;
2. by submitting any other explicit declaration of their decision to withdraw from the contract.

The Type module is available at the following address: https://drive.google.com/file/d/1FUMKKCD_shwe-7ZKD504vVqVfJeJx88d/view?usp=sharing

This communication can be sent, within the aforementioned deadline, to the address ordini@coffeina.it or to the address Joe Break srl, via Parrelle 95, 83025 Montoro (AV). Each communication is intended to be sent in good time if it is sent within the terms provided above. The burden of the consumer to prove that he has promptly and correctly exercised the right of withdrawal remains unaffected.
Having exercised the withdrawal, the Customer must return the Products to the address indicated above, or deliver them to a third party authorized by the Seller to receive them, without undue delay and in any case within 14 (fourteen) days from the date on which he communicated his decision to withdraw from the contract. For the purposes of the expiry of the term, the Products are considered returned when they are delivered to the accepting post office or to the forwarder. The Seller will reimburse the amount paid within 14 working days from the Customer's communication of wanting to exercise the right of withdrawal, with the right to withhold said refund until the intact Products are actually received, or until the Customer has demonstrated that he has returned the Products, whichever occurs first.
The costs of returning the Products are charged to the Customer and will not be reimbursed by the Seller.

The Customer is responsible for any decrease in value of the Products resulting from their handling other than that necessary to establish the nature, characteristics and functioning of the Products themselves.
It is specified that the right of withdrawal referred to in this article applies only to customers who are natural persons who qualify as "consumers" pursuant to current legislation, being vice versa excluded for customers who do not cover it or who act for business or commercial purposes. , craft or professional.
In any case, the right of withdrawal is excluded if the sale falls within the exceptions provided for by Art. 59 of the Consumer Code, as reformed by Legislative Decree 21.02.2014, n. 21, in particular when it relates to:
a) the supply of products made to measure or clearly personalized;
b) the supply of Products that risk deteriorating or expiring rapidly;
c) the supply of sealed Products which are not suitable for return for hygienic reasons or related to health protection and have been opened after delivery;
d) the supply of Products which, after delivery, are, by their nature, inseparably mixed with other goods.

The Seller therefore reserves the right to check and evaluate in the specific case the possibility of withdrawal and / or the actual decrease in the value of the product in consideration of the particularity of the goods sold.

13 - Jurisdiction.
The competent court in the event of disputes in relations with consumers, which pursuant to art. 66-bis of Legislative Decree 206/2005 (Consumer Code) is mandatory the place of residence (or domicile) of the consumer.

The consumer established in Europe, can take advantage of the platform made available by the European Commission for the resolution of any dispute arising from the online contract stipulated on the site.
The European ODR platform is available at the following link: https://webgate.ec.europa.eu/odr

14 - International sales. Jurisdiction and applicable law.
If the sale has international characteristics, for any dispute or question relating to the existence, validity, efficacy, interpretation, resolution, compensation for damage and execution of the order proposal and / or the Contract, Italian law is expressly applied.
In the case referred to in the preceding point, the Italian jurisdiction is in any case competent to hear disputes relating to the existence, validity, effectiveness, interpretation, resolution, compensation for damage and execution of the order proposal and / or the Contract, with express derogation from any other jurisdiction.
The choice of applicable law and the jurisdiction agreement referred to in the preceding points are understood to be expressly accepted by the Customer by sending the Order Form.
These general conditions of sale expressly derogate from the corresponding rules of the Vienna Convention of 1980 on the international sale of goods that are in conflict with them.

15 - Contract with the consumer.
If the customer is a consumer pursuant to Legislative Decree 6 September 2005 n. 206 (Consumer Code) and subsequent amendments and of the Rome Convention of 1980 on the law applicable to contractual obligations, the more favorable provisions provided for by these regulations are reserved in its favor, with the non-application of the clauses or elements of a clause that may be in conflict and permanence of the force of the other clauses .
The clauses or clause elements of these conditions possibly falling within the provision of art. 33 paragraph 2 of Legislative Decree 206/05, are not oppressive if it appears from the Order Form, or otherwise, the respective individual negotiation between the Consumer Customer and the Seller.

16 - Legal Guarantee
All products marketed enjoy the legal guarantee of conformity provided for in articles 128 et seq. of the Consumer Code which covers any lack of conformity of the items purchased, existing at the time of delivery and which occur within 2 years of delivery. Any defects or damage caused by accidental events or by the Customer's responsibility for use of the products not compliant with their intended use, or effect of normal wear and tear, are excluded from conformity defects and, therefore, from the legal guarantee.

The Customer can ask the seller, at his choice, to repair the good or replace it, free of charge in both cases, unless the requested remedy is impossible or imposes disproportionate costs on the seller.

The consumer customer has the right to a proportional reduction in the price or the termination of the sales contract, in accordance with the provisions of art. 135 bis, paragraph 4, of the Consumer Code and, in particular, if: the seller has not carried out the repair or replacement within the terms and conditions provided for by the Consumer Code, or has refused to bring the goods into conformity; if the lack of conformity is so serious as to justify the immediate price reduction or termination of the contract; if a lack of conformity occurs despite the seller's attempt to restore the conformity of the goods; if the seller has declared (or this is clear from the circumstances) that he will not proceed to restore the conformity of the goods within a reasonable period or without inconvenience.

The consumer customer has no right to terminate the contract if the lack of conformity is only minor.

Unless proven otherwise, it is assumed that any lack of conformity that occurs within one year from the time the goods were delivered already existed on that date, unless this hypothesis is incompatible with the nature of the goods or with the nature of the defect. of compliance.

17 - Reference to sector regulations.
Although not expressly waived by this Agreement, in addition to Legislative Decree no. 206 (Consumer Code) and subsequent amendments for the respective field of application, express reference is made to the other applicable regulations with express, but not exhaustive, reference to Legislative Decree 9 April 2003 n. 70 (Implementation of Directive 2000/31 / EC relating to certain legal aspects of information society services, in particular electronic commerce, in the internal market) and subsequent amendments

"COFFEINA adheres to the code of ethics of the Italian Association of Electronic Commerce available at the following link:

https://www.aicel.org/codice-etico-dei-merchant-aicel. "