Terms and Conditions of Sale

These regulations set out the general terms conditions for using De’Longhi [add affiliate name] with its registered office in [●],[●](the "Company") website [●], including in particular ordering products ("Products") and services ("Services") of De’Longhi Group.
Please read these general terms and conditions of sale (the “Terms and Conditions”) carefully before using our website and ordering our Products and Services.
By using our website for any such order, you signify your agreement to be bound by these Terms and Conditions.
Please note we offer a wide range of Products and Services, whose description on the website may differ from the actual products as regards colour, shape and size, and sometimes additional terms may apply. In such case, you will be notified accordingly.

1. General

1.1. These Terms and Conditions shall apply to use of the website as well as condition of place all offers and conclusion agreements via the website of the Company.
1.2. The word “Customer” shall mean any person visiting our website or any natural person or legal person entering into any kind of contractual relations with De’Longhi Group companies, including the Company. The word “Consumer” shall mean any natural person within the meaning of definition specified in [●] of [●] [add relevant legislation, e.g. civil code].
1.3. Due to important issues the Company reserves the right to make any changes to its website, policies, and terms and conditions, including these Terms and Conditions. The Company will inform about the change in the Terms and Conditions by sending to the e-mail address indicated by the Customer in the registration form, information containing a list of changes to the Terms and Conditions. Information on the amendment of these Terms and Conditions will be made no later than 14 days before the introduction of the amended Terms and Conditions. In the event that the Customer does not accept the new Terms and Conditions, he/she shall be obliged to notify the Company about this fact within 14 days from the date of notification of the change in the Terms and Conditions. Any Customer shall be subject to the Terms and Conditions in force at the time that the Customer orders Products from the Company or from any De’Longhi Group company.
1.4. If any of these Terms and Conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.
1.5 In order to purchase Products and Services in the website, the Customer must be at least 18 years old. If the Customer is under 18, he may use our Services only with the involvement of a parent or guardian. If the Customer is ordering for any other person, it is the Customers’ responsibility to ensure that the intended recipient is of the appropriate age to view and use the Product or Service.
 

2. Your account. Orders. Offer, availability and acceptance of the offer by the Company

2.1. Using the website is possible in the event that the IT system used by the Customer meets updated minimum technical requirements [e.g., Internet Explorer 10, Chrome 75 or Firefox 60 or newer, enabled JavaScript and cookies as well as Internet connection].
2.2. To place an order, the Customer must access the website [●], select Products or Services, and select associated payment. The Customer can place orders as a "user-guest" or by registering his/her profile on the website. Registration enables the Customer to use the login details (username and password) selected at the first registration in order to place further orders on the website.
2.3. Using our website services the Customer liable to keep your account and password confidential and to restrict access to your computer. To the extent permitted by applicable law, the Customer is responsible for using the Company's website in accordance with the law and the Terms and Conditions, as well as to comply with the prohibition on providing illegal content. The Customer is required to inform the Company immediately if the Customer has any reason to believe that his password has become known to anyone else, or if it is being or it has been used in an unauthorized manner.
2.4. The Customer is responsible for ensuring that the details provided to the Company are correct and complete, informing us if any changes occur and updating the information provided to the Company in the related area of the website. The Company reserves the right to refuse service, terminate accounts or remove or edit content if the Customer is in breach of applicable laws, these Terms and Conditions or any other applicable terms and conditions, guidelines or policies.
2.5. By placing an order the Customer is offering to purchase a Product and/or Service subject to these Terms and Conditions. An order via the website shall be an offer and shall not lead to any agreement for the purchase of the Product or Service. The first email sent to the Customer represents only an acknowledgement confirmation of receipt of the offer.
2.6. The offer of the Customer is accepted and an agreement with the Customer is concluded (the “Contract”) only when the Product(s) are sent and/or the Services are made available to the Customer and the Customer receives the related e-mail confirming performance of the order placed by the Customer.
2.7. Performance of all orders is subject to availability and confirmation of the order price and quantities of the Products and Services included in the purchase order. Dispatch times may vary according to availability and any guarantees or representations made are indicative as to delivery times are subject to any delays resulting from postal delays or force majeure.
2.8. Products and Services are sold in quantities which correspond to the typical needs of an average household. We reserve the right to limit the availability of the Products and Services and the acceptance of purchase orders as far as quantities are concerned.
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3. Prices and payments

3.1. All prices of the Products and Services shall be in [●] and include all applicable taxes, including VAT. Prices invoiced will be those current at the date of performance of the purchase order.
3.2. Whilst the Company tries to ensure that all Products’ and Services’ details, descriptions and prices which appear on its website are accurate, errors may occur anyway. Should the Company discover an error in the price of any ordered Products or Services, information about the error and information about the correct price will be immediately sent by the Company to the Customer. In such case the Customer may reconfirm the placed order at the correct price or cancel it.  In the absence of confirmation of acceptance of the correct price or cancellation of the order by the Customer within 7 (seven) days of providing the information, the Company will treat the order as canceled and inform the Customer of such event.
3.3. The prices stated shall not include freight, which shall be borne by the Customer if not agreed alternatively. The total amount as stated on the page “check order” and confirmed by e-mail shall be the total amount payable by the Customer for the ordered Products, including all taxes, levies, environmental contributions and freight costs.
3.4. The Company may from time to time offer promotional discount codes to apply in respect of any, or certain specified Products’ or Services’ purchases made though this website. Any related 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 possess a valid credit or debit card, or other payment method accepted by the Company and De’Longhi Group, and to provide sufficient financial means to cover the cost of purchase of the Products and Services. The Company retains the right to refuse any request made by the Customer that does not meet this requirement. The Company reserves the right to reject any request made by the Customer after verification of the data provided, which must be correct and accurate.
3.6. Upon receiving order from the Customer the Company carries out a standard pre-authorization check on payment card of the Customer to ensure there are sufficient funds to fulfill the Product purchase. Products will not be dispatched until this pre-authorization check has been positively completed. The card will be debited once the order has been accepted to its performance with amount resulting from the order. 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 canceled and the Customer will be notified by the Company.
3.7. For each completed order, the Company or any relevant De’Longhi Group company will issue an invoice with the data provided by the Customer during the purchase procedure, which will be sent to the Customer by e-mail after confirming the shipment of Products (or the Service has been made available) or which will be available for download directly from the appropriate website page as part of the Customer's profile.
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4. Delivery

4.1. The delivery address stated by the Customer shall be considered the correct address for the delivery of Products and Services.
4.2. The Customer shall send a separate order form for each address if the Customer wishes to order products that must be sent to various addresses.
4.3. The type of delivery, average delivery time and relevant prices offered by our company are given in the appropriate section on the website. Time of delivery is indicative and any delivery or dispatch dates provided shall be executed in accordance with [●] law. The time for delivery shall be extended by any period necessary for the correct delivery of the ordered Product, if the delay is due to an event beyond our reasonable control.
4.4. If the ordered Product is no longer available in the warehouse at the time of ordering and is incorrectly indicated as available on the website, it may result in 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 should 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 should report any damage to the packaging or Products to the courier and inform us about them to the following e-mail address: [●].
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, which will include the following messages:
• order / payment declined: Customer's payment failed;
• waiting for payment: the Customer has placed orders but has cancelled the order before making the payment;
• 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 of preparing ordered products and organizes the delivery of the parcel by courier has started;
• order sent: the Products have been picked up by courier and are delivered to the address provided by the Customer; from this moment the Customer can track his/her parcel 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 at the following e-mail address [●] and telephone number [●].
4.8. The Products or Services shall be made available only within [●] territory.
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5. Risk and Title

5.1. Upon delivery of the Products to the delivery address indicated in the purchase order, risk shall pass to the Customer.
5.2. Upon payment of the Products, ownership shall pass to the Customer.
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6. Return Policy / Returning products

6.1. Consumers may withdraw the Contract without penalty and without stating reasons within 14 days of delivery of the respective Product. To meet the deadline, it is enough to send a statement of withdrawal from the Contract sent to our e-mail address: [●]. Then, the Consumer should return the purchased Product to the return address stated on the accompanying invoice within 14 days from the date of withdrawal from the Contract. Exercise of the right of withdrawal should be made in accordance with the “Information concerning the exercise of the right of withdrawal” enclosed to these Terms and Conditions. Direct costs of returning items are borne by the Consumer.
6.2. The product shall be returned in its original condition and packaging and conform to the return instructions of the Company as enclosed with the consignment together with the guarantee cards, handbooks, accessories and with a discount or products delivered free of charge. With such respect, the Consumer may also contact our company by telephone at the following number: [●]. This number shall be accessible from Monday to Friday from [●] to [●].
6.3. The relevant De’Longhi Group company shall, no later than within 14 (fourteen) days from the date of receipt of the Consumer's statement on withdrawal from the Agreement, return to the Consumer all payments made by him, including the costs of delivery of the Product. The payment refund shall be made using the same method of payment that was used by the Consumer. The reimbursement of payments received from the Consumer may be withheld until the Product are returned or the Consumer provides proof of sending it back, whichever occurs first. After receiving the return of the Product in accordance with the Terms and Conditions, an invoice correction for the appropriate amount shall be issued. The Consumer is responsible for reducing the value of the Product as a result of using it in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the Product.
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7. Warranty

7.1. The Customer shall check the products delivered immediately upon receipt for visible defects and non-compliance with the Contract, and in such a situation the Customer should immediately notify the Company.
7.2 The rights arising from the Warranty should be exercised in accordance with the conditions specified in the content of the warranty documents provided with the Product. To take advantage of the terms of the guarantee granted on the Products, the Customer should contact our Customer Service Department at the following number: [●] or electronically at: [●], informing about the invoice number and date of issue or the related code with the order placed. The Customer Service Department will provide all information on how to proceed with the Warranty.
7.3. The Company provides Products without defects. If the Product does not comply with the Contract, the Customer has the right to free exercise of the Warranty rights in accordance with the provisions of [●] law. The rights are granted if the defect is revealed within 2 (two) years of purchasing the Product via the Internet and will be notified to the Company within 2 (two) months of its detection.
7.4. The Customer is not entitled to repair or replace the Product or any part found to be defective and to reimburse the relevant shipping costs in the following situations, subject to the law provisions:
a) the Product has been repaired or modified by persons other than the manufacturer or any other authorized person; and / or
b) the Product's lack of conformity became apparent two (2) years after the delivery of the Product and / or the appropriate request to repair or replace the defective Product, submitted in accordance with the previous paragraph, was sent after two (2) months from the discovery of the defect; and / or
c) the defects are caused (in whole or in part) by improper use, improper storage, maintenance or installation, or failure to comply with the instructions provided by the manufacturer with the Product.
7.5. Repairs or replacements will be carried out within a reasonable period of time after submission of the application 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 considered within 30 (thirty) days of receiving the complaint.
7.7 No provision of these Terms and Conditions limits the Customers’ or Consumer's rights under the provisions of [●] law, including rights arising from the provisions on warranty and guarantee specified in the Civil Code.
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8. Limitation of liability

8.1. The Company does its best to ensure an uninterrupted and error-free availability of the services. Nevertheless, this cannot be always guaranteed by the nature of internet system, because of technical suspensions or restrictions that may take place, related or not to repairs, maintenance, or new services being carried out. The Company shall do its best to limit the number and the duration of such suspensions or restrictions.
8.2. Our Company will not be responsible towards Customer, not being a Consumer for any delay or failure which arises from any cause which is beyond our reasonable control, and in any case for (i) losses that were not caused by any breach of our Company, or (ii) any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure), or (iii) any indirect or consequential losses that were not foreseeable to any party when the contract for the sale of products with our company was formed. This provision is applicable also to the natural persons purchasing Products or Services for the purposes directly related to his/her business or professional activity.
8.3. These Terms and Conditions do not affect the Consumer’s legal right to have goods sent or services provided within a reasonable time or to receive a refund if ordered goods or services cannot be delivered within a reasonable time owing to a cause beyond our reasonable control.
8.4. Any liability towards the Customer, not being a Consumer, shall however be limited to the purchase price of the product. Our Company shall never be responsible for indirect damages.
8.5. Any limitation of liability in the agreement with the Customer shall be limited to what can be legally excluded. Nothing in these Terms and Conditions, however, shall limit or exclude liability for fraudulent representations or for death or personal injury caused by gross negligence or wilful misconduct.
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9. Governing Law and Jurisdiction

9.1. These Terms and Conditions are governed by and construed in accordance with the laws of [●].
9.2. We will try to solve any disagreements quickly and efficiently. The Consumer may bring a claim to enforce any consumer protection rights in connection with these Terms and Conditions in [●] or in the EU country in which the Consumer lives.
9.3. The European Commission provides for an out-of-court settlement procedure: the Online Dispute Resolution. The competent bodies are listed on the site: http://ec.europa.eu/consumers/odr/  The Company mail address is: [●].
9.4 Additional information on the possibility of using out-of-court complaint consideration and redress methods and the rules for access to these procedures are available at the offices and on the websites of [●] consumer ombudsmen, social organizations, whose statutory tasks include consumer protection, [●] Inspectorates of Trade Inspection and at the following internet addresses: [●].
9.5 The current Terms and Conditions are published on the website and can be delivered to the Customer electronically (to the e-mail address indicated in the Customer's Account) at no additional charge.
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10. Corporate details

Please be advised of our corporate details of the Company are as follows:
De’Longhi [●]. with its registered office in [●], registered in the [●] Court of the City of [●] under the [●], Tax id: [●], share capital [●]fully paid up.
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11. Processing of personal data

11.1. The processing of Customers' personal data takes place on the principles set out in the Privacy Policy.
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Customer Account

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 agrees to accept responsibility for all activities that occur under his/her account or password. The Customer shall take all necessary steps to ensure that the password is kept confidential and secure and should inform Company immediately if he/she has any 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 details provided to Company are correct 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 website.
The Company reserves the right to refuse service, terminate accounts or remove or edit content if the Customer is in breach of applicable laws, these Terms and Conditions.
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Instructions on withdrawal

Right of withdrawal

Dear Consumer,
You have the right to withdraw from this Contract within 14 (fourteen) days without giving any reason.
The withdrawal period will expire after 14 (fourteen) days from the day on which you acquire, 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 withdraw from this contract by an unequivocal statement (e.g. a letter sent by post to [add address], or e-mail [e-mail]), and/or calling us at [phone no.]. You may use the attached model withdrawal form, but it is not obligatory.
To meet the withdrawal deadline, it is sufficient for you send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
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Effects of withdrawal

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary 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 about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
You shall send back the goods (complete product including instruction manual, accessories, original packaging, original or copy invoice and other extra materials) or hand them over to us [add address], without undue delay and in any event not later than 14 (fourteen) days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 (fourteen) days have expired.
Please be aware that you will have to bear the direct cost of returning the goods.
Please be aware that we will have to bear the direct cost of returning broken or non-functioning goods, or wrongly sent/invoiced goods.
You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
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Model withdrawal form

(Please complete and return this form only if you wish to withdraw from the contract)
 
·                   To [add address]
·                   I/We ………………... hereby give notice that I/We ………….. withdraw from my/our ………….. contract of sale of the following goods ……………..
·                   Ordered on …………./received on ………………
·                   Name of consumer(s) ………………….
·                   Address of consumer(s) ……………….
·                   Signature of consumer(s) .……………..
·                   Date …………………….