General provisions and parts of the contract
Only the conditions of sale in the following parts of the contract between the two parties are valid:
- - MUSETTI SPA hereinafter referred to as ''MUSETTI,'' with registered office in Pontenure (PC), Via G. Marcora 2/4, Business Registry of the Chamber of Commerce of Piacenza, Tax and VAT Code 00802420158
- - CONSUMER, pursuant to Art. 3. Paragraph I comma, letter a) of the Consumer Code, physical person who makes online purchase on the internet site, “for purposes not related to business, commercial, artisanal or professional activities he/she may perform,” hereinafter referred to as ''CLIENT.''
During purchase procedures moreover, for the persons who insert a VAT Code which is considered the index of purchases for purposes related to business activities, the ordinary norms of the civil code shall apply and not this current form.
Pre-contract information for the consumer engaging in distance contracts
Before concluding the purchase contract, the CLIENT takes note of the characteristics of the goods that are displayed in the single, product datasheets to choose from.
Before concluding the purchase contract and before the order confirmation with the “payment obligation,” the CLIENT is informed about:
- - the total price of the goods inclusive of taxes, with the details on forwarding costs and any other costs;
- - payment modes;
- - the term under which MUSETTI undertakes to deliver the goods;
- - the procedures for the exercise of the withdrawal rights as well as the withdrawal sample form referred to in Annex I, part B of L. Decree 21/2014;
- - information which states that the CLIENT will have to bear the costs of the return of goods in case of withdrawal;
- - existence of the legal guarantee of conformity of the goods purchased;
- - conditions for post-sales assistance and commercial guarantees provided by MUSETTI.
The CLIENT may, at any time and before the conclusion of the contract, acquire information about MUSETTI, the address, telephone and fax numbers, and e-mail address given hereunder:
MUSETTI SPA WITH REGISTERED OFFICE in Pontenure (PC),
Via G.Marcora 2/4, 29010
Tel +39 0523692811
fax +39 0523692828
General conditions of sale, acceptance and modifications
This current site (hereinafter referred to as "Site") belongs to Musetti SPA, with registered office in Pontenure via G.Marcora 2/4 29010 PC, tax code and registration in the Business Registry of Piacenza REA PC no. 81005 VAT code 00802420158, which engages in the retail sales of coffee, tea and grocery products and their derivative products, and similar and complementary items as well as the sales of foodstuffs and nonfood items in any form, and the sales or lease of equipment related to coffee dispensing activities.
These General Conditions of Sale are laid out in Italian and English, and govern the sales of products to consumers on the website www.musettishop.com: laid out in compliance with the principle of consumer protection in conformity with the provisions related to distance contracts governed by L. Decree no. 70 of 9 April 2003, containing the norms on e-commerce, and by Articles 45 and subs. amendments of L. Decree no. 206 of 6 September 2005 (“Consumer Code”) and subsequent amendments.
The CLIENT is obliged to carefully read the current Conditions of Sale of this contract, and understand and accept them integrally without any reserve pursuant to Art. 12, of L. D. no. 70/2003 MUSETTI in order to keep in mind and make copies, along with all the other information MUSETTI furnishes on the Site, both before and during the purchase procedure.
The General Conditions of Sale applicable to every single order will always be in force and exhibited on the site upon the transmission of data on the purchase order.
MUSETTI reserves the right to make changes or update, wholly or in part, the Conditions of use and sale given hereunder at any time and, however, in compliance with the norms in force on such matters.
The modifications and updates of the Conditions of the use will take effect between the parties upon their publication on the Site in this specific section and will apply only to the sales concluded subsequent to the publication of the same. For this reason the CLIENT shall regularly consult this section with care and diligence to verify the publication of news and the more recent updates and modifications on use.
These current General Conditions of Sale do not govern the sales of products and/or the supply of services by other parties other than Musetti S.r.l., and can be found on the Site through links, banners or other hypertextual connections.
The CLIENT shall be obliged to check the conditions of sales conditions before carrying out business transactions with such entities. MUSETTI shall not be held liable for the sales of products and/or the supply of services by such third parties or for the contents of such sites or possible omissions and/or breach of the law by these parties.
The registration with username and password is optional. If the CLIENT does not wish to register, he/she may, however, conclude a purchase: only the data needed for delivery and possible invoicing of an order will be requested.
Characteristics and prices of products or services:
The images of the products may not be perfectly representative of their characteristics and may differ in color, dimensions, and accessories shown. All the support information for the purchase is to be intended as simple, generic informative material, and does not refer to the real characteristics of a single product.The products are offered at the price indicated on the site at the date on which an order is made. The coffee products are removed from the sale four (4) months before their expiry date.The prices are to be taken as inclusive of VAT, and will be indicated in detail on the invoice of the product purchase, when issued. The prices do not include the costs of transport and delivery which are, however, indicated in the final section before the sending of an order, and specified in the confirmation or order receipt sent via e-mail to the CLIENT.
Products and prices
The Products sold on the Site by MUSETTI are originals distinguished by ownership labels – and/or granted under license or, however, with the authorization of the respective owners – and sent in their original packaging. The essential characteristics of the products are presented on the Site within each product datasheet.
All the sales prices are expressed in Euro and include VAT, and wherever provided, the WEEE (Waste Electrical and Electronic Directive) contribution.
Forwarding costs are not included in the purchase prices, but are indicated and calculated upon concluding the purchase process and, however, made known to the client through specific indications on the Site before the payment is made. The products are offered for sale at the price indicated on the Site the moment the relevant Purchase Order is made.
The CLIENT accepts MUSETTI’s right to change its prices at any time. However, the goods will be invoiced on the basis of the prices indicated on the site upon the creation of the order and indicated in the e-mail, and will be indicated in the e-mail of confirmation MUSETTI sends to the CLIENT.
Product availability refers to the effective availability the moment the CLIENT makes the order. After MUSETTI sends the e-mail confirmation of the order, there may be cases where there is a partial or total unavailability of the goods. In such cases, without prejudice to the CLIENT’s rights pursuant to the law in force on such matters, the CLIENT shall be promptly informed by e-mail and the matter will thus be legitimated in the immediate resolution of the contract. The CLIENT who has already made the payment, will be reimbursed the total amount paid, inclusive of the delivery costs and any other costs possibly incurred, in relation to the order itself.
MUSETTI shall not in any way be held liable for any contractual or extra contractual responsibility in the direct or indirect damages to persons and/or things provoked by the failure to accept an order for the aforesaid reasons.
Conclusion and effectiveness of the contract
With these general sales conditions, MUSETTI sells and the CLIENT makes a distance purchase of the movable goods indicated and offered for sale on the site, www.musettishop.com. The contract is concluded through the internet network, through the access of the CLIENT to the address www.musettishop.com and the completion of the purchase order according to the procedure provided by the site itself or telephonically at the toll free number 800 298 911. Before forwarding the order, MUSETTI informs the CLIENT that the conclusion of the contract shall be done after the various intermediate technical phases have been completed.
- -The CLIENT shall fill up the order form (hereinafter referred to as “Purchase Order”) in electronic format and transmit it to MUSETTI via telematic means, by following the instructions that will appear from time to time on the Site and which will accompany the various purchase phases;
- -The CLIENT undertakes to take note of the general conditions of sale before proceeding with the confirmation of his/her own order, in particular of the pre-contractual information furnished by MUSETTI, and to accept them unconditionally and comply with them in his/her relationship with MUSETTI .
- -Orders coming from minors will not be accepted. -After the confirmation of payment, the order can no longer be cancelled or modified. -Once the Purchase Order has been received via telematic means, within a day from the conclusion of the procedure, MUSETTI will send to the CLIENT at the e-mail address indicated, an e-mail on the “Order Registration Confirmation” containing all the data of the order itself: the CLIENT data and order number, price of the goods purchased, detailed indication of the price, payment means used, forwarding costs and possible additional costs, delivery address to which the goods will be sent, information and instructions on withdrawal and withdrawal sample form.
- - The CLIENT undertakes to check the correctness of the personal data contained and immediately communicate to MUSETTI the corrections, if any.
- -The sales contract is considered concluded and perfected when MUSETTI sends the CLIENT via telematic means, the e-mail of confirmation of the receipt of the Purchase Order filled in and transmitted by the CLIENT.
- -The purchase order form will be archived in the MUSETTI databank for the time necessary for the execution of the same, in compliance with the law.
- - To access one’s own purchase order, the CLIENT may download it within his/her own account in the “my orders” section, or contact the Clients’ Service by an e-mail to email@example.com, or by phone at the toll free number 800 298 911, or through the chat online situated on the lower right-hand side of the site.
- -the languages available to users for the conclusion of the contract are: ITALIAN, ENGLISH, FRENCH, GERMAN AND SPANISH. The Clients’ Service is able to communicate with the clients in Italian and English.
- -The order sent by the CLIENT will be binding for MUSETTI only if the entire order procedure has been correctly completed and there are no highlights of error messages by the Site, no non-coherence with the business policies of these Sales Conditions, and the products ordered are still available. In cases where MUSETTI is unable to fulfill an order received, it will immediately communicate this to the CLIENT specifying the reasons and that the contract has not been concluded; and should this be concluded, it will be taken as automatically resolved, without any debits charged to the CLIENT. The CLIENT is expressly not entitled to any right to reimbursement or indemnification, and MUSETTI will not be held liable for any contractual or extra contractual responsibility for direct or indirect damages to persons and/or things provoked by the failure to accept an order.
Before completing the order, it will be the CLIENT’s right to request the issuance of an invoice for each order made, and to comply with such request the CLIENT shall be obliged to communicate to MUSETTI his/her own tax code, and indicate the forwarding address if this differs from the invoicing address.
The invoice is available and can be printed subsequent to the completion of the order, in the CLIENT’s "My account" section.
The invoice will contain the information furnished by the CLIENT during the purchase procedure. No changes can be made on the data indicated on the invoice after it has been issued. For all that has not been specifically described in this paragraph, no prejudice shall be made to these Sale Conditions which shall be applied.
Applicable Law, Jurisdiction and Venue
These General Conditions of Sale are subjected to Italian law and in particular to L. Decree no. 206 of 6 September 2005 (so-called Consumer Code), with specific reference to norms on matters of distance contracts and to L. Decree no. 70 of 9 April 2003 on aspects concerning e-commerce.
The applicable law for the resolution of any dispute in relation to the application, interpretation and execution of these General Conditions of Sale that will not be amicably resolved, shall be governed by the laws of Italy in force upon the conclusion of the contract.
The European Commission furnishes a platform guaranteed by the European Union for the resolution of online disputes, which the CLIENT may access through this link: http://ec.europa.eu/consumers/odr/. The platform for the resolution of online disputes may be used in all the official languages of the EU: it places at disposal a series of dispute resolution bodies from among which one can choose an intermediary to resolve disputes between the business company and purchaser, without resorting to legal proceedings.
Such instrument may be used by the European CLIENT for the out-of-court resolution and alternative to every dispute arising from the online purchase of MUSETTI products. For further information and questions the CLIENT may address the Clients’ Service at the following address, firstname.lastname@example.org.
MUSETTI will not be held liable for disservices attributable to chance or force majeure events, also where this depends on malfunction and disservices of the internet, in cases where it cannot execute the orders in the time frames foreseen in this contract.
For any information or complaint, contact MUSETTI’s Clients’ Service,
via G. Marcora 2/4, Pontenure, 29010 PC