Terms of sale
These terms of sale govern the use of the website of De'Longhi Appliances Srl, with registered office in Italy, via L. Seitz n. 47, Treviso (TV) (" Company "), including in particular for the purchase of new products and, where expressly indicated, refurbished or used products (all " Products ") and services (" Services ") from the De'Longhi Group.
Please read these general terms and conditions of sale ("Terms") carefully before using our website or ordering our Products and Services.
By using our website for such an order, you agree to be bound by the Terms.
Please note that we offer a wide range of Products and Services and that the description on the website may differ from the actual Products in terms of colour, shape and size, and sometimes additional terms may apply. In such cases, you will be notified of this.
In addition, please note that our Products are intended, designed and manufactured for domestic use (or equivalent) only, and not for professional use. In all cases, please follow the recommendations in the user manual.
1. General
1.1. These Terms apply to the use of the website and as a prerequisite for submitting offers and entering into agreements through the Company's website.
1.2. The term "Customer" shall mean any natural or legal person who visits our website, or any natural or legal person who enters into any form of contractual relationship with companies of the De'Longhi group, including the Company. The term "Consumer" shall mean any natural person within the meaning of the definition under EU law, as well as national legislation implementing them, or other applicable national legislation.
1.3. The Company reserves the right to make material changes to its website, policies and terms, including these Terms. Updates and changes will be effective immediately upon publication. In any case, the Customer shall be subject to the terms and conditions in force at the time the Customer orders products from the Company or from any company in the De'Longhi group.
1.4. If any provision of these Terms is held invalid, void or otherwise unenforceable, this will not affect the validity and enforceability of the remaining provisions.
1.5 The Consumer must be at least 18 years of age to purchase Products and Services on the Website. If the Consumer is under 18 years of age, he or she may only use our Services with a parent or guardian. If the Consumer is ordering on behalf of another person, it is the Consumer’s responsibility to ensure that the intended recipient is of the appropriate age to use the Product or Service.
- Your Account. Orders. Offers, Availability and Acceptance of the Offer from the Company
2.1. Use of the website is only possible if the IT system used by the Customer meets the updated minimum technical requirements ( e.g. Internet Explorer 10, Chrome 75 or Firefox 60 or newer, JavaScript and cookies enabled, and an internet connection ) .
2.2. To place an order, the Customer must visit the Company's website, select Products and/or Services, and select the corresponding payment. The Customer may place orders as a "guest user" or by registering his/her profile on the website. Registration enables the Customer to use the login details (username and password) chosen upon initial registration to place further orders on the website.
2.3. The Customer is responsible for keeping the account and password of his/her profile confidential and for restricting access to the computer. To the extent permitted by applicable law, the Customer is responsible for using the Company's website in accordance with these Terms, as well as for complying with the prohibition on providing illegal content. If the Customer has reason to believe that a password has become known to someone else, or if it is being or has been used in an unauthorized manner, the Customer must inform the Company immediately and change the relevant password.
2.4. The Customer is responsible for ensuring that the information provided to the Company is accurate and complete, and shall inform of any changes to and update the information provided to the Company in the relevant area of
2.5. By placing an order, the Customer offers to purchase a Product and/or a Service in accordance with these Terms. Any order via the Website shall be an offer and shall not constitute any agreement to purchase the Product and/or Service. The initial email sent to the Customer represents only a confirmation of receipt of the offer.
2.6. The Customer's offer is accepted and an agreement with the Customer is concluded (" the Contract ") only when the Products have been shipped and/or the Services have been made available to the Customer and the Customer receives the corresponding email confirming the execution of the order placed by the Customer.
2.7. Execution of all orders is subject to availability and confirmation of the order price and quantity of the Products and Services included in the order. Delivery times may vary depending on availability, and any guarantees or statements regarding delivery times are indicative only, subject to any delays resulting from transport delays or force majeure.
2.8. Products and Services are sold in quantities that correspond to the typical needs of an average household. We reserve the right to limit the availability of Products and Services and the acceptance of purchase orders in terms of quantity.
3. Prices and payment
3.1. All prices for the Products and Services shall be in Customer's local currency and shall include all applicable taxes, including VAT. The prices invoiced will be those in effect on the date of execution of the purchase order.
3.2. Although the Company endeavours to ensure that all details, descriptions and prices of Products and Services displayed on the Company’s websites are correct, errors may nevertheless occur. If the Company discovers an error in the price of Products or Services ordered, the Company will immediately send information about the error and information about the correct price to the Customer. In such cases, the Customer may reconfirm the order at the correct price or cancel it. If the Customer has not confirmed acceptance of the correct price or cancelled the order within 7 (seven) days of the information being provided, the Company will treat the order as cancelled and inform the Customer accordingly.
3.3. The prices quoted do not include shipping costs, unless otherwise stated. The amount stated on the "check order" page, and confirmed by email later, shall be the total amount payable by the Customer for the Products ordered, including all taxes, duties, environmental charges and any shipping costs.
3.4. The Company may from time to time offer promotional discount codes which shall apply to the purchase of any or certain specified products or services made via the Website. Any special terms and conditions shall be specified at the time of issue.
3.5. In order to purchase the Products and Services, the Customer must have a valid credit or debit card, or other payment method accepted by the Company and the De'Longhi Group, and have sufficient financial means to cover the offer. The Company reserves the right to reject any request from the Customer that does not meet this requirement. The Company reserves the right to reject any request from the Customer after verification of the information provided, which must be correct and accurate.
3.6. Upon receipt of an offer from the Customer, the Company will perform a standard pre-authorization check of the Customer's payment card to ensure that there are sufficient funds to complete the purchase. The Products will not be shipped or the Service will not be made available until this pre-authorization has been successfully completed. The card will be charged with the amount resulting from the order when the order is accepted. If the card cannot be charged within 5 (five) days from the date the Company confirms the order, the Customer's order will be automatically cancelled and the Customer will be notified by the Company.
3.7. For each completed order, the Company, or another relevant company within the De'Longhi group of which the Customer is informed prior to payment, will issue an invoice. The invoice will contain the information provided by the Customer during the purchase. This will be sent to the Customer by email after the shipment of the products has been confirmed, or after the service has been made available. Alternatively, the invoice will be available for download directly from the relevant website through the Customer's profile.
4. Delivery
4.1. The delivery address provided by the Customer shall be deemed to be the correct address for delivery of Products and Services.
4.2. If the Customer wishes to order Products to be delivered to different addresses, the Customer must submit a separate order form for each address.
4.3. The type of delivery, average delivery time and relevant prices offered by our company are stated in the relevant section of the website. The delivery time is indicative. All delivery or dispatch dates stated shall be carried out in accordance with applicable law. The delivery time shall be extended by the period necessary for the correct delivery of the ordered Product if the delay is due to an event beyond our or any other relevant De'Longhi group company's reasonable control.
4.4. If the ordered Product is no longer available in stock at the time of ordering and is incorrectly indicated as available on the website, this may result in a delay in the execution of the order or its cancellation, of which the Customer will be immediately informed.
4.5. When the Products are delivered by the courier, the Customer shall check whether the number of packages received corresponds to the number indicated on the transport document and whether the packaging is damaged, intact or wet. The Customer shall report any damage to the packaging or the Products within a reasonable time to the courier and inform us of them at the email address provided in the Customer Support Department.
4.6. By using the username and password, the Customer can access the summary of orders placed in the Customer's profile and monitor the progress of orders in real time. The content may contain the following messages:
- order/payment rejected: Customer's payment failed;
- waiting for payment: The customer has placed orders, but has canceled the order before the payment has been made;
- order received: purchase order has been received;
- confirmation of order acceptance: The Customer's offer to purchase Products or Services has been accepted;
- order in preparation: the procedure for preparing the ordered Products and organizing the delivery of the package by courier has started;
- the order has been shipped: The products have been picked up by the courier company and delivered to the address provided by the Customer; from this moment, the Customer can track their package on the carrier's website.
4.7 For all questions related to the status of the order, the Customer may contact the Customer Service Department as indicated under Customer Support on the website.
4.8. The Products or Services shall only be made available within our company's territory.
5. Risk and Title
5.1. Upon delivery of the Products to the delivery address specified in the purchase order, the risk for the Products passes to the Customer.
5.2. Upon payment for the Products, ownership shall be transferred to the Customer.
6. Return
6.1. Customers, and in particular Consumers, may withdraw from the contract without consequences and without giving any reason within 30 (thirty) days after delivery of the respective Product. To comply with the deadline, it is sufficient to send a declaration of exercise of the right of withdrawal to the e-mail address indicated under Customer Support on the Website and return the purchased Product to us within 14 days from the date of exercise of the right of withdrawal. The exercise of the right of withdrawal shall be made in accordance with the " Information on the exercise of the right of withdrawal " attached to these Terms. No costs will be incurred for the return of goods as long as the return is made in accordance with our return policy.
6.2. The Product must be returned to us in its original condition and in accordance with the Company's return instructions included with the shipment, together with any accessories, gift sets, warranty cards, manuals, discounts, etc. Customers and Consumers may also contact our Company using the contact details provided under Customer Support on the Website. When returning the Product, you may follow our return policy or use a shipping method of your choice. In all cases, you must follow the instructions in the dedicated area of
6.3. The relevant De'Longhi Group company shall, without undue delay and at the latest within 14 (fourteen) days from the date of receipt of the Customer's or Consumer's notification of the exercise of the right of withdrawal, reimburse to the Customer or Consumer all payments made, including any shipping costs for the Product. The reimbursement will be made using the same payment method used by the Customer or Consumer. The reimbursement of payments received from the Customer or Consumer may be withheld until the Product has been returned or until the Customer or Consumer provides proof of the return of the Product, whichever occurs first. After receiving the Product in return in accordance with the Terms, an invoice shall be issued for the correction of the relevant amount. The Customer or Consumer is liable for any reduction in the value of the Product resulting from its use in a manner that goes beyond what is necessary to establish the nature, characteristics and functioning of the Product.
7. Warranties
7.1. The Customer shall check the delivered Products upon receipt for visible defects and deficiencies under the Contract, and in such situations the Customer shall notify the Company thereof.
7.2 The Products are covered by the statutory warranty, which is in accordance with all statutory provisions on consumer product warranties and Consumer Rights applicable in the country where the Products were purchased (the "Warranty"). The rights arising from the Warranty shall be exercised in accordance with the applicable law in the Customer's country and with the terms specified in any warranty documents accompanying the Products and made available on the Website. To enforce the Warranty, the Customer may contact our Customer Service Department at the number and/or email address indicated under Customer Support on the Website, specifying the Product's invoice number and issue date or the corresponding code with the order and the defect. Customer Service will provide all information on how to proceed to make use of the Warranty.
7.3. The Company delivers Products without defects. If a Product does not comply with the Contract, the Company grants the Customer the right to freely exercise the warranty rights within the terms provided for by local legislation. When explicitly communicated in the relevant section of the website, the warranty period for certain used products may be reduced in accordance with applicable Consumer Legislation.
Please note that our Products are designed, manufactured and intended for domestic or similar use, as described in the user manual. They are not intended for professional use. If the Company determines that the Product has been used for professional purposes or for other purposes that go beyond normal household or comparable use, the Company reserves the right to apply different warranty terms on a case-by-case basis, depending on the specific use. In such cases, the Company may consider professional use that may generate excessive wear and tear as misuse, which may result in a lack of warranty coverage.
7.4. The Customer is not entitled to repair or replacement of the Product or any part found by the Company to be defective in the following situations (subject to any relevant local legal provisions):
a) The product has been repaired or modified by persons other than the manufacturer or an authorized person; and/or
b) the defects are caused (in whole or in part) by improper use, incorrect storage, maintenance or installation, or failure to comply with the manufacturer's instructions supplied with the Product.
7.5. Repairs or replacements will be carried out within a reasonable time after notification has been submitted, and will not cause significant inconvenience to the Customer, taking into account the nature of the Product and the purpose for which it was purchased.
7.6. Any complaint shall be processed within 30 (thirty) days after the complaint is received.
7.7 Nothing in these terms and conditions limits the Customer's or Consumer's rights under the provisions of applicable Consumer Legislation.
8. Limitation of Liability
8.1. The Company does its best to ensure uninterrupted and error-free availability of the Services. However, this cannot always be guaranteed due to the nature of the internet system, due to technical interruptions or limitations that may occur, related to repairs, maintenance, new services or otherwise. The Company shall use its best efforts to limit the number and duration of such suspensions or limitations.
8.2. The Company will not be liable for any delay or failure due to causes beyond our or the relevant De'Longhi Group companies' reasonable control and in any event for (i) any loss not caused by any breach by our or the relevant De'Longhi Group companies, or (ii) any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure), or (iii) any indirect or consequential loss which was not foreseeable by either party at the time the contract for the sale of Products was entered into. This provision also applies to natural persons purchasing Products or Services for purposes directly related to their business or professional activity.
8.3. These Terms do not affect the Customer's statutory right to have goods dispatched or services delivered within a reasonable time or to receive a refund if ordered goods or services cannot be delivered within a reasonable time due to a cause beyond our reasonable control.
8.4. Any liability to the Customer shall be limited to the purchase price of the Product.
8.5. Any limitation of liability in the agreement with the Customer shall be limited to what may be legally excluded. Nothing in these Terms shall limit or exclude liability for fraudulent misrepresentation or for death or personal injury caused by gross negligence or wilful misconduct.
- Applicable law and jurisdiction
9.1. These Terms are governed by and shall be interpreted in accordance with the applicable laws of the Consumer's or Customer's country.
9.2. We will try to resolve any disputes quickly and efficiently. The Consumer may bring claims to enforce any Consumer Protection rights in connection with these Terms in the EU or EEA country where the Consumer resides. The European Commission offers an out-of-court dispute resolution procedure: Online Dispute Resolution. The competent bodies are listed on the website here: http://ec.europa.eu/consumers/odr/ .
10. Company information
We would like to draw your attention to the following information about the company:
De'Longhi Appliances Srl, with registered office in via L. Seitz n. 47, a sole proprietorship, with a share capital of Euro 200,000,000.00 fully paid up, VAT number 00698370962, tax code and registration number with the Treviso Chamber of Commerce 00867190159, company subject to the management and coordination activities of De' Longhi SpA pursuant to art. 2497-bis of the Italian Civil Code.
11. Processing of personal data
11.1. The processing of Customers' personal data takes place in accordance with the principles in our privacy policy.
CUSTOMER ACCOUNT
When using any website service, the Customer is responsible for maintaining the confidentiality of his/her account and password and for restricting access to his/her computer, and to the extent permitted by applicable law, the Customer accepts responsibility for all activities that occur under his/her account or password. The Customer shall take all reasonable steps to ensure that the password is kept confidential and secure, and shall inform the Company immediately if he/she has reason to believe that his/her password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorized manner.
The Customer is responsible for ensuring that the information provided to the Company is accurate and complete, and for informing us of any changes to the information provided. The Customer can access and update much of the information provided to our Company, including any account settings, in the related area of
The Company reserves the right to refuse service, terminate accounts, remove or edit content if the Customer violates applicable laws or these Terms.
Information about the Consumer's and Customer's exercise of the right of withdrawal
- Instructions for using the right of withdrawal
Right of withdrawal
Dear Consumer/Customer,
You have the right to withdraw from this contract within 30 (thirty) days without giving any reason.
The right of withdrawal expires 30 (thirty) days from the day on which you, or a third party other than the carrier and indicated by you, acquires physical possession of the goods.
To exercise the right of withdrawal, you must inform our company of your decision to exercise the right of withdrawal by an unequivocal statement (e.g. a letter sent by post to [ add address ], or by e-mail to [ e-mail ]), and/or by calling us at [ phone number ]. You may use the attached standard withdrawal form, but it is not mandatory.
To comply with the withdrawal period, it is sufficient that you send the notification of exercise of the right of withdrawal before the withdrawal period has expired.
Effects of exercising the right of withdrawal
If you exercise your right of withdrawal, we will reimburse all payments received from you, including any delivery costs (with the exception of any additional costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 (fourteen) days from the day on which we are informed of your exercise of your right of withdrawal. We will make such reimbursement using the same means of payment as you used for the original transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
We reserve the right to withhold the refund until we have received the goods, or until you have provided proof that you have sent back the goods, whichever occurs first.
The goods must be returned (complete product including instructions for use, accessories, gift set, original packaging, original or copy invoice and other additional materials) or handed over to us [ add address ], without undue delay and in any event not later than 14 (fourteen) days from the day on which you inform us of your exercise of the right of withdrawal. The deadline is met if you return the goods before the deadline of 14 (fourteen) days has expired.
There will be no costs incurred for returning goods as long as the return is made in accordance with our return policy.
Please note that we must in any case bear the direct costs of returning damaged or non-functioning goods, or incorrectly sent/invoiced goods.
You are only responsible for any deterioration in the value of the goods caused by handling other than what is necessary to determine the nature, properties and function of the goods.
- Model withdrawal form
(Please complete and return this form if you wish to exercise your right of withdrawal)
- To [ add address ]
- I/we .................... hereby give notice that I/we .............. withdraw myself/us .............. from my/our .............. contract for the sale of the following goods .................
- Ordered on ............./received on ..................
- Name of Consumer(s)/Customer(s) ......................
- Address of Consumer(s)/Customer(s) ...................
- Signature of Consumer(s)/(Customer(s)) ..................
- Date .........................
