TERMS AND CONDITIONS OF SALE
Torrefazione Moka Sir's S.p.A. (hereafter "MOKA SIR'S SPA") with registered office in Milan, Via Privata Cesare Battisti no. 2 and headquarters in Cava Manara (PV) via Turati no. 50 (VAT no. 00181250184 and registration in the Milan Business Register no. 1703616), is the owner of the site http: //www.shop.mokasirs.com
The offer and sale of products through the site http://www.shop.mokasirs.com are governed by these General Terms and Conditions of Sale.
The General Terms and Conditions of Sale are established in accordance with legislation on contracts other than commercial contracts and stipulated electronically, and in particular in accordance with the provisions of Italian Legislative Decree of 9 April 2003 and Legislative Decree of 6 September 2005 no. 206 (Consumer Code)
1. Application and changes to the General Terms and Conditions of Sale.
The contract between MOKA SIR'S SPA and the Customer shall be concluded with the acceptance of the order, even only partial, by MOKA SIR'S SPA. By placing an order in the manner provided, the Customer declares to have read all the information provided to him/her by this document and/or during the purchase process, and to fully accept the general terms and conditions and the payment terms and conditions listed below.
If the Customer is a consumer (that is, a person who buys goods for purposes not related to his/her professional activities or does not specify the VAT reference number during purchase in the order form as defined in article 3, paragraph 1, letter a) of the Italian Consumer Code - hereafter the "Consumer"), once the online purchase procedure has been completed, MOKA SIR'S SPA shall send the Customer a copy via e-mail of these Terms and Conditions, which the Customer shall print or save or, in any case, keep in compliance with the provisions in force in the Consumer Code on distance selling.
MOKA SIR'S SPA reserves the right to vary the General Terms and Conditions of Sale by giving notice on this website page. The applicable General Terms and Conditions of Sale are those in force at the time an order is placed. Any change shall be effective after publication on the site.
2. How to buy.
The products available for purchase are only those featured in the electronic catalogue at the time the order is placed, as described in the relevant fact sheets.
Images of products may not be fully representative of their features but may differ in colour, size, and in the accessory products shown.
All purchase support information is intended as mere general information material, which does not refer to the actual characteristics of a single product.
The products are offered at the price specified on the site on the date the order is processed. Prices are inclusive of VAT, which shall be detailed in the product purchase invoice, if issued.
Unless otherwise specified at the time of conclusion of the order, prices do not include transport and delivery costs, which are however specified in the final section before sending an order, as well as in the order receipt confirmation sent by e-mail to the Customer.
Orders are subject to minimum or maximum quantity limitations and the products offered are subject to stock availability.
After payment confirmation, the order cannot be cancelled or modified.
3. Confirmation of order receipt and acceptance thereof.
Once MOKA SIR'S SPA receives an order, it will automatically send a receipt confirmation by e-mail, sent to the email address supplied by the Customer, which shall summarise all the details of the order and to which a copy of these Terms and Conditions of Sale will be annexed.
Following the receipt of an order, MOKA SIR'S SPA will check the availability of the product ordered and only as a result of this verification shall communicate its acceptance of the order and shipment of the product.
In the event that MOKA SIR'S SPA is unable to fulfil an order received, it shall promptly notify the Customer.
Any right of the Customer to claim damages or compensation, as well as any contractual or tort liability for direct or indirect damages to persons and/or things caused by non-acceptance by MOKA SIR'S SPA of an order is excluded.
4. Payment methods accepted.
MOKA SIR'S SPA accepts payment only through the systems listed below:
Credit card (American Express, Visa, Mastercard): the total amount of an order will actually be charged only when the products are delivered. In case of orders that contain one or more products upon availability or request, due to the long lead times and the expiry of Credit Card authorisation, the debiting of the credit card shall occur after the notification to the Customer of the expected date of delivery and of acceptance by the Customer. At no time during the purchase process is MOKA SIR'S SPA able to know information about the buyer's credit card, sent via secure connection directly to the bank website that handles the transaction. No MOKA SIR'S SPA computer database shall store said data. MOKA SIR'S SPAtherefore cannot be held responsible in any way for any fraudulent or illegal use of credit cards by a third party, upon payment for the products purchased.
PayPal: online payment system that allows any business or consumer with an email address to send and receive payments upon registration. The payment is made through the Pay Pal payment platform.
5. Shipment of products.
The invoice must be requested at time of order and, for its issue, the information provided by the Customer at the time of the order shall apply. No change in the invoice shall be possible after the issue thereof. A copy of the invoice will be sent to the customer together with the goods ordered.
The delivery costs shall be borne by the customer, without prejudice to any Transport Charge Contributions or special conditions, explicitly highlighted at the time of order placement. The Customer shall pay for the goods using the method chosen when ordering. Nothing else is due from the Customer with regard to the order total, including transport costs, where applicable.
MOKA SIR'S SPA shall deliver the products ordered by the Customer and available, by courier, to the same address specified on the order form, within approximately 24 working hours from acceptance of the order. Delivery is usually within 4 working days. The times shown for the receipt of the goods are approximate and no responsibility may be attributed to MOKA SIR'S SPA in case of delay in order processing or in the delivery of said order.
Upon delivery of the goods by the courier, the Customer is required to check:
that the number of parcels delivered are the same as the number specified in the transport document sent in advance by e-mail;
that the packaging is intact, not damaged or wet or otherwise altered, including the sealing materials (adhesive tape or metal straps).
Any damage to the packaging and/or product or the mismatch in the number of packages or particulars must be immediately notified, by WRITING “SUBJECT TO CONTROL” (SPECIFYING THE CAUSE OF THIS RESERVATION, for example "broken packaging", "crushed packaging", etc.) on the courier’s proof of delivery document. Once the courier’s document has been signed, the Customer cannot make any claims regarding the appearance of the goods delivered.
If the material held at the courier’s warehouse is not collected within 5 working days as a result of repeated inability to deliver to the address specified by the Customer upon ordering, the order will be sent back to the warehouses of MOKA SIR'S SPA.
6. Right of withdrawal.
In implementation of the provisions of Italian Legislative Decree of 21 February 2014, no. 21 implementing Directive 2011/83/EU on consumer rights, the Customer can return the product purchased and obtain a refund of the purchase sum actually paid.
The Customer has the right to cancel the contract within 14 days of receiving the product, as follows: before the expiry of that period, the Customer is required to send a registered letter with return receipt to MOKA SIR'S SPA or submit other unequivocal statement to that effect. Notification can be sent, within the same period, by telegram or e-mail at email@example.com, expressly indicating the products for which the Customer wishes to exercise the right of withdrawal, the progressive order number issued at the time of purchase and data concerning relative reimbursement methods;
The Customer is then contacted by MOKA SIR'S SPA for taking charge of the return.
The product must be returned within 14 days of the receipt of the notice of withdrawal.
The refund of the price paid for the purchase of the product includes postage.
In the event that the value of the products has suffered a decrease caused by handling other than that necessary to establish the nature, characteristics and functioning of the products (for example: damaged products, not properly packaged or packaged in an incomplete manner, or where certain parts are missing or have been damaged, such as components, accessories, packaging materials, boxes, documents and/or other objects), MOKA SIR'S SPA shall reimburse the Customer the purchase amount minus the value of this reduction.
If the Customer should send the products back after the period mentioned above, or in the case the products are open and/or partially used and are not suitable for return, the right of withdrawal does not apply and MOKA SIR'S SPA will return the goods purchased to the Customer, charging the shipping costs to the latter.
With the limitations described above, MOKA SIR'S SPA will reimburse the amount actually paid by the Customer within 14 days of receiving the notice of withdrawal by way of a credit note or crediting the bank account or credit card.
The right of withdrawal is nevertheless subject to the following conditions: (i) the law applies to products purchased in their entirety; withdrawal cannot be exercised only on part of the product purchased; (ii) as required by law, the shipping costs for returning the goods are charged to the customer; (iii) the Customer is fully responsible for the shipment, until the statement of successful receipt in MOKA SIR'S SPA warehouses; (iv) if the goods are damaged during transport, MOKA SIR'S SPA shall inform the customer of the event (within 5 working days of the receipt of goods in its stores), to enable the customer to file a timely complaint against the courier chosen and to obtain reimbursement of the value of the goods (if insured); in this case, the product will be made available to the customer for its return, while cancelling the request for withdrawal;
MOKA SIR’S SPA is not in any way liable for damage or theft/loss of goods returned by uninsured shipments;
All products sold by MOKA SIR'S SPA are covered by the manufacturer's standard warranty and guarantee for lack of conformity. To receive assistance during the warranty period, the Customer must keep the invoice (or Delivery Note) received by e-mail in PDF format.
If the product is found to have manufacturing defects and/or has been damaged in transit, the Customer can request its replacement within 10 days from receipt by telegram, or by sending an e-mail to the following e-mail address firstname.lastname@example.org. The Customer is also obliged to return the defective or damaged product in its original packaging in all its parts.
The 24-month warranty pursuant to the Italian Consumer Code applies to non-compliant products, provided that the product is used correctly, complying with its intended use and as provided for in the attached technical documentation. This warranty is solely for the Private Consumer (a person who buys goods for purposes not related to his/her professional activity, or who makes a purchase order without specifying a reference to a VAT number). In the event of non-conformity, MOKA SIR’S SPA provides, without costs for the Customer, to ensure conformity by repairing/replacing the product or reducing the price, until the termination of the contract.
In the event that, for whatever reason, MOKA SIRS’S SPA should be unable to provide the customer with a product under warranty (repaired or replaced), MOKA SIR'S SPA will, at its own discretion, refund the amount paid, taking into account the use of the goods or their replacement with a product of equal or superior characteristics.
In case of replacement of the product, the shipping costs are to be borne by MOKA SIR'S SPA.
8. Intellectual and industrial property rights
MOKA SIR'S SPA informs that the Site, as well as all trademarks and brands used by MOKA SIR'S SPA in relation to the sale of products, are protected by the applicable intellectual and industrial property rights and that any kind of reproduction, communication, distribution, publication, alteration or transformation, occurring in any form and for any purpose, of the site content, trademarks and logos used by MOKA SIR'S SPA (such as, but not limited to works, images, photographs, drawings, dialogues, presentations, music, sounds, videos, graphics, colours, functionality and design of the site) is forbidden.
Any personal information requested when placing the order is collected and processed to meet the Customer’s requirements and shall not in any case and for any reason be transferred to third parties.
MOKA SIR'S SPA ensures its customers that it shall comply with regulations regarding the processing of personal data covered by the Privacy Code referred to in Italian Decree Law no. 196 of 30.06.03.
10. Applicable law and court of jurisdiction.
The sales contract between the Customer and MOKA SIR'S SPA is concluded in Italy and regulated by Italian law. For the settlement of any disputes that may arise from the conclusion of this distance selling contract, where the Customer is a consumer, the local jurisdiction is that of the court of reference in the municipality of residence; in all other cases, the Court of Pavia shall have exclusive jurisdiction, excluding all other competing or alternative jurisdictions.