Art. 1 - Application of the General Conditions of Sale
1.1 Any purchase order for products and / or machines placed on the site https://mistercoffeeonline.it/ and any contract concluded therein is governed by these General Conditions of Sale (hereinafter also "GCS").
1.2 Mister coffee reserves the right to modify these GCS at any time by publishing a new version on the website. Any changes will be effective after publication on the site.
1.3 The Customer is required to carefully read these GCS that have been made available to him on the Site, in order to allow them to be stored and reproduced in compliance with art. 12 of Legislative Decree 70/2003.
1.4 The contracts concluded through the Site are governed by the Civil Code and by Chapter I of Title III of Part III of the Legislative Decree 6 September 2005, n. 206 ("Consumer Code"), with particular reference to contracts negotiated away from business premises and distance contracts.
1.5 The applicable GCS are those in force at the time the order is placed.

Art. 2 - Contracting parties
2.1 The seller is Mister coffee srl
2.2 Below are the contact details of Mister coffee:

- 328 698 7167
2.3 The purchasers of the distance selling service (hereinafter also "the Customer") are the Consumers, understood as the natural persons who act for purposes unrelated to their own commercial, entrepreneurial or professional activity possibly carried out and the professional Customers, understood as legal persons, entrepreneurs and any other person with a VAT number.

Art. 3 - Product information
3.1 The information relating to each individual product and the essential characteristics, made in compliance with current legislation, are available on the website and made available to the Customer.
3.2 In compliance with Reg. (EC) no. 1169/2011 and subsequent amendments, the information on the foods on the website was provided directly by the producer to Mister coffee, pursuant to art. 8 of the same Regulation. The latter, therefore, cannot be held responsible for any inaccuracy, incompleteness or untruthfulness of the same.
3.3 The information relating to the products provided on the Site is constantly updated. However, the complete absence of errors cannot be guaranteed. The images of the products may not be perfectly representative of their characteristics but differ in color, size, accessory products represented.
3.4 Mister coffe reserves the right to correct errors, inaccuracies or omissions even after an order has been sent and also to change or update information at any time without prior notice to the Customer.

Art. 4 - Sending the order
4.1 Orders are placed on the website following the following procedure:
the Customer, after registering on the website, having read and accepted the Privacy Policy, must fill in all its parts the order form in electronic format containing the elements necessary for the identification of the Customer and the products ordered; must select the desired payment method, the type of shipment chosen (if collected at a picking point or if delivered by courier) following the instructions contained on the Site, all under penalty of nullity of the order.
4.2 Before confirming and sending your purchase order, the Customer will have the possibility to correct, in the specific verification screen, any errors in the order (quality and quantity) and in entering data by following the appropriate modification procedure contained on the Site. After reading and accepting these GCS, the Customer must choose the option to send the order. This dispatch is equivalent to a proposal.
4.3 By sending the order, the Customer acknowledges and declares to have read all the information provided to him during the purchase procedure and to fully and unconditionally accept these GCS.
4.4 The Customer will have the opportunity to view and follow the status of his order in his Personal Area.
4.5 Promotional codes and discount codes, where existing, are valid only for products and during the period indicated from time to time. Promotional codes and discount codes are non-refundable and are not cumulative. To take advantage of promotional codes or discount codes, they must be entered in the space provided when the order is validated on the site. In case of forgetfulness, the order cannot be canceled or renewed in order to take into account the promotional code or discount code.

Art. 5 - Confirmation of receipt, Order Acceptance and conclusion of the contract
5.1 Received an order, Mister coffe will automatically send a confirmation of receipt and Order Acceptance by e-mail (hereinafter also "Order Acceptance"), in which there will be a summary of the order and the type of shipment chosen.
5.2 The Order Acceptance will also contain a link to these GCS and the information that they can also be consulted on the Mister coffe website, all in accordance with current legislation.
5.3 The Customer has the duty to immediately verify the data contained in the Order Acceptance and to report any anomaly in the same to Mister coffe Caffé by contacting Customer Service.
5.4 If the Customer does not receive the Order Acceptance within 24 (twenty-four) hours after sending the order, he must contact the Customer Service for the necessary checks.
5.5 The Acceptance of the Order involves the conclusion of the contract between the parties, except for the cases referred to in the following articles. 6 and 7.

Art. 6 - Refusal of the Order
6.1 Mister coffe reserves its unquestionable right to refuse an order or to set purchase limits.
6.2 In particular, by way of example and not limited to, Mister coffe may refuse the order in the event of non-payment of the order, unpaid invoices or risk of insolvency, in the event that the Customer carries out the resale activity of the ordered products or, more generally, does not operate on the basis of an effective and genuine interest in purchasing the products ordered or abuses the right of withdrawal recognized by the following art. 12 and / or, in any case, any other fact or act affecting the execution in good faith and the correctness in the execution of the relationship.
6.3 If Mister coffe Caffe does not accept orders in whole or in part, in this case the Customer will not have any legitimacy in requesting sums for any reason, compensation for damages or compensation as well as any liability of Mister coffe of a contractual or extra-contractual nature also for damages direct or indirect to people and / or things caused by the non-acceptance of an order.
6.4 In case of refusal of the order, Mister coffe will refund any sums already paid by the Customer, which will not in any case be subject to any interest or revaluation.

Art. 7 - Temporary unavailability of products
7.1 In particular circumstances, Mister coffe may not be able to ensure the availability of all the products offered and ordered, in which case it cannot be held responsible in any way.
7.2 Without prejudice to the right of withdrawal, by sending the order, the Customer accepts, giving consent in accordance with the provisions of the Consumer Code, even any partial delivery, limited to the products available as part of those ordered, as well as renunciation to request any compensation and / or indemnity or to take any action of judicial or extrajudicial, contractual or extra-contractual liability also for direct or indirect damages to persons and / or things caused by the non-acceptance of an order.
7.3 Mister coffe also undertakes, in accordance with current legislation, to promptly inform the Customer of any unavailability of the ordered product and will refund the corresponding sums already paid by the Customer, unless otherwise agreed with the same, which will not in any case be subject at any interest or revaluation.

Art. 8 - Delivery of products
8.1 The products can be collected at the picking point indicated in the Order Acceptance or they can be delivered by express courier to the address indicated in the Order Acceptance.
8.2 Delivery costs and any customs and / or import taxes and charges provided for by the legislation in force in the territory of destination of the products are charged to the Customer and are clearly highlighted on the invoice.
8.3 We do not ship to post office boxes.
8.4 The Customer can monitor the status of his order by accessing the Personal Area.

Art. 9 - Collection of products at the picking point
9.1 The collection can only be made by the Customer or his / her delegate starting from the date and at the picking point indicated in the Order Acceptance. The delegate may collect the goods only upon prior and mandatory presentation of a written proxy given to him by the Customer, accompanied by a copy of the valid identity document of the delegator and the delegate, issuing a copy of the whole to Mister coffe at the time of collection.
9.2 The goods must be collected no later than 10 (ten) days from the date indicated in the Order Acceptance, to be understood as an essential term, after which Mister coffe will be able to retain the goods and the consideration paid by the Customer, without this the latter may oppose or contest anything to the same or act for judicial or extrajudicial liability actions, compensation for direct or indirect damage, compensation or for the request for sums due for any reason.
9.3 The risks of loss and damage to the goods are transferred to the Customer at the time of collection of the products at the picking point.

Art. 10 - Shipping of products by courier
10.1 The delivery of the products will take place within the estimated delivery times and times and indicated directly by the courier in the e-mail that will be sent to the Customer at the time of shipment of the products. The e-mail will also contain the tracking number and a link to monitor the status of the shipment.
10.2 Delivery can take place from Monday to Friday, excluding public holidays and national holidays. The Customer indemnifies as of now Mister coffe ', from any delay or non-delivery not attributable to the latter.
10.3 In any case, except in cases of force majeure or unforeseeable circumstances, the products will be delivered within a maximum period of 30 (thirty) days from the date of conclusion of the contract.
10.4 The risks of loss and damage to the goods are transferred to the carrier upon delivery to the latter, without prejudice to the Customer's right against the carrier.

Art. 11 - Verification of the goods and complaints
11.1 The goods are collected or delivered as seen and liked. By signing the courier's document or the collection document at the picking point, the Customer certifies the external integrity of the product and the conformity of the delivery.
11.2 It is up to the Customer to verify, at the time of delivery or collection, any damage or tampering to the packaging and / or the product (crushed capsules, with missing parts, packaging defects or packaging defects) or the mismatch in the number of packages . He must also promptly communicate any differences between the product and the one ordered.
11.3 In case of anomalies, the Customer must immediately contest the goods, expressly specifying that the withdrawal takes place "subject to verification" of the content.
11.4 Furthermore, the Customer must inform Mister coffe 'of the anomalies found - by e-mail or by contacting Customer Service - no later than 8 (eight) days, to be understood as an essential and mandatory term, starting from the date of receipt or collection. of the products themselves, keeping the invoice and any waybill of the courier.
11.5 The Customer is also required to return the product affected by anomalies in its original packaging intact in all its parts, with all components, elements, accessories, packaging materials, boxes, documentation and / or other objects, under penalty of non-replacement. of the product.
11.6 In case of replacement of the product, the shipping costs are borne by Mister coffe. In case of out of stock and after agreement with the Customer, the product will be replaced with one of equivalent value.
11.7 After having followed all the indications referred to in the previous points, Mister coffe, having ascertained the anomalies, in agreement with the Customer, will provide replacement products of equal commercial value or will issue a refund of the sums paid by the Customer.

Art. 12 - Right of withdrawal for the Consumer and methods of exercise
12.1 It is reiterated that the right of withdrawal referred to in this article and the subsequent art. 13 is reserved exclusively for the Consumer and not for the Professional Customer, in accordance with current legislation on the matter. The Consumer has the right to withdraw from the contract, without indicating the reasons, within 14 days.
12.2 The withdrawal period expires after 14 days from the day on which the Consumer or a third party, other than the carrier and the designated Consumer, acquires physical possession of the goods.
12.3 To exercise the right of withdrawal, the Consumer is required to inform us, by contacting 3249586885, of his decision to withdraw from this contract by means of an explicit and written declaration by registered letter with return receipt or PEC containing all the information referred to in the form. type of withdrawal attached to these GCS (Annex 1), under penalty of ineffectiveness of the right of withdrawal.
12.4 To comply with the withdrawal deadline, bearing witness to the date of the postmark or the date of delivery of the PEC, it is sufficient for the Consumer to send the communication relating to the exercise of the right of withdrawal before the expiry of the withdrawal period.
12.5 The Consumer must deliver the goods directly to Mister coffe, at the registered office, or to the courier authorized by the latter to receive the goods, without undue delay and in any case within 14 (fourteen) days from the day on which he communicated to Mister coffe 'his withdrawal from the contract.
The deadline is met if the Consumer sends back or delivers the goods before the expiry of the 14-day period. For compliance with the return deadline, the date on which the goods will be delivered to the courier or the date on which the goods will be delivered to the headquarters of Mister coffe 'will prevail.
12.6 The direct costs of returning the goods will be borne by the Consumer. The cost is estimated to be equal to a maximum of about € 50.00, except for higher costs resulting from the choice of a particular courier by the Customer.
12.7 The Consumer is only responsible for the decrease in the value of the goods resulting from the handling of the goods other than that necessary to establish the nature, characteristics and functioning of the goods.
12.8 In the event that the Consumer returns damaged products, not returned within the above deadline, open and / or partially used products (including, by way of example and not limited to, the hypothesis of a semi-automatic vending machine in which inserted water into the tank or a pod / capsule for dispensing a drink), not packaged regularly or completely, or in which certain parts are missing or have been damaged, such as components, elements, accessories, packaging materials, boxes, documentation and / or other objects, the right of withdrawal is lost in full. In the cases indicated above, Mister coffe 'reserves the right to refuse the return and reimbursement of the products by returning the purchased good to the Consumer and charging the shipping costs to the same.
12.9 In accordance with the provisions of current legislation, the return of food products such as capsules, pods, biscuits, chocolate, sugar and, more generally, products that risk deteriorating or expiring rapidly will not normally be accepted; goods made to measure or clearly personalized and in other cases that the law expressly excludes and places as exceptions to the right of withdrawal.

Art. 13 - Effects of withdrawal
13.1 In the event that the Consumer withdraws from the contract within the times and in the manner referred to in the previous article and without prejudice to what Mister coffe 'may object according to the rules of the previous article, all payments he has made in favor of Mister will be reimbursed. coffe, possibly including delivery costs, without undue delay and, in any case, no later than 14 (fourteen) days from the day on which Mister coffe 'is informed of the decision to withdraw from this contract. The date of receipt of the withdrawal form will be valid for the purposes of having received information from Mister coffe. Mister coffe 'is not required to reimburse the additional costs, if the consumer has expressly chosen a type of delivery other than the least expensive type of delivery offered by Mister coffe' itself.
13.2 The return obligation may be suspended even in the event that Mister coffe has had complaints to be formulated as provided for in the previous article.
13.3 The Consumer, notwithstanding the provision of art. 56 of the Consumer Code, expressly agrees that these refunds will be made by bank transfer to the current account indicated by the same in the Withdrawal Form, unless otherwise agreed with Mister coffe '.
13.4 In compliance with current legislation, Mister coffe 'reserves the right to suspend the refund until receipt of the goods or until the Consumer demonstrates that he has returned the goods, if earlier.
13.5 In any case, the Consumer will not have to incur any costs as a consequence of this reimbursement.

Art. 14 - Legal guarantee of conformity and conventional guarantee
14.1 The Consumer benefits from both the legal guarantee and, where existing, the manufacturer's conventional guarantee; the professional customer, on the other hand, benefits only from the manufacturer's conventional warranty, where existing.
14.2 To take advantage of the warranty, whether legal or conventional, the Customer must keep the invoice and contact Customer Service.
14.3 All products, other than food products, sold by Mister coffe 'to the Consumer are covered by the legal guarantee of 24 months for lack of conformity pursuant to Legislative Decree 24/2002 and subsequent amendments and articles 129, 130 and 132 of Legislative Decree 206/2005.
14.4 The legal guarantee must be enforced by the Consumer within two months from the discovery of the defect.
14.5 Mister coffe ', upon presentation by the Consumer of the purchase invoice and after ascertaining the lack of conformity, will provide, directly (for Lavazza Espresso Point, Lavazza Blue and Tube machines) or through an authorized Technical Assistance Center (for machines Nescafè Dolce Gusto, Nespresso, Lavazza a Modo Mio, Bialetti, Illy), to repair the product or to replace it with an identical one or, in case of stock out and after agreement with the Consumer, with one of equivalent value. In case of indication of the authorized Technical Assistance Center, the Consumer must mandatorily deliver / ship the product under warranty to the indicated Center. The costs of repairing or replacing the product and those of shipping will be borne by Mister coffe '. If, on the other hand, the lack of conformity is not found, all shipping costs will be charged to the Consumer.
14.6 In case of purchase of a used / refurbished product by the Consumer, Mister coffe 'provides a conventional 12-month warranty on the same. The guarantee must be enforced within two months from the discovery of the defect. Point 14.5 also applies in this case.

Art. 15 - Price of the products, expenses to be paid by the Customer and invoicing
15.1 The prices invoiced are those in effect on the day the purchase order is sent.
15.2 The prices of the Products are to be understood as inclusive of VAT at 22%, which will be indicated in detail in the invoice for the purchase of the product.
15.3 The prices of the Products do not include transport and delivery costs, taxes and customs and / or import duties provided for by the legislation in force in the territory of destination of the products which are charged to the Customer and which are indicated in the final summary section of the order, in the Order Acceptance and in the invoice.
15.4 All products are subject to price changes without notice by Mister coffe '.
15.5 Mister coffe 'will not send any paper invoice to the Customer but it will be the latter who will have to download it, by accessing his Personal Area on the website, and having to print it both for tax purposes and to take advantage of any product guarantee, all in compliance to Legislative Decree 20 February 2004 n. 52 and to the Ministerial Decree of the Ministry of Economy and Finance of 23 January 2004.
15.6 The invoice is automatically generated by the Mister coffe 'management system within 15 days following the order and will remain downloadable in the Personal Area for one year from the date of issue.

Art. 16 - Payment
16.1 The Customer may pay the price, the relative delivery costs, taxes and customs and / or import charges by credit card, debit card, bank transfer and by cash on delivery (cash on delivery is reserved for users who are registered and logged in).
16.2 Mister coffe 'accepts payments made with the types of credit cards expressly provided for on the site and through a special payment platform. Credit card details will be encrypted during the transaction for security reasons. The order amount will be charged at the time of purchase.
16.3 Payments by bank transfer must be made (value date) no later than 5 (five) days later, to be understood as an essential deadline, on the date of receipt of the Order Acceptance, indicating the order number in the reason for payment, all under penalty of cancellation of the order. Any bank charges will be charged to the customer. Only when the payment has been credited, Mister coffe 'will process the order.
16.4 Cash on delivery will be made directly to the courier upon delivery of the purchased product. € 4.00 (four / 00) will be added to the amount of the product and shipping as a contribution to cash on delivery. This amount is specified both when ordering the goods and on the invoice. Payment must be made only with legal tender banknotes or coins directly to the courier. Only exact sums are accepted, corresponding to the amount of the order: no restitution is foreseen. No other means of payment will be accepted (eg cashier's checks or bank drafts). Pursuant to and for the purposes of art. 12 of Legislative Decree 6 December 2011 n. 201, cash payments will be accepted within the threshold of € 999.99.
16.5 Cash on delivery is possible only and exclusively for shipments made in Italy.

Art. 17 - Technical assistance
17.1 For any question concerning the assistance of the machine, the Customer can contact the assistance:
- to the number 3929473378;
- to the OnLine chat on the website;
- to the e-mail: mistercoffeeonline@libero.it
17.2 The costs of after-sales technical assistance for the maintenance of the machine (and any shipping costs), whether they are carried out at home, or whether they are carried out by delivering or shipping the machine to one of the CAT centers indicated by Mister coffe ', will be notified of from time to time to the Customer and will vary according to the type of intervention.
17.3 Mister coffe 'also offers the Customer a technical assistance service so-called “flat rate technical assistance package”, that is an assistance including a series of interventions predetermined by Mister coffe' at a fixed cost. Any further interventions, subject to communication of a suitable estimate to the Customer and subsequent acceptance of the same, will be invoiced separately.
17.4 The Customer can take advantage of the flat rate assistance package subject to verification by Mister coffe ', at its sole discretion, of the compatibility of the offer with the products for which assistance is requested.

FINAL PROVISIONS

Art. 32 - WEEE information
32.1 Pursuant to and for the purposes of the information to the Consumer in accordance with current legislation on waste electrical and electronic equipment (WEEE), the Consumer, upon receipt of a new electrical equipment intended for a household, may deliver free of charge, on a one-to-one basis, his used equipment of a type equivalent to the courier or picking point chosen at the expense of Mister coffe '.

Art. 33 - WEEE collection
33.1 In compliance with current legislation on waste electrical and electronic equipment (WEEE), the Consumer may deliver to Mister coffe 'free of charge his used equipment of an equivalent type intended for a household at the same time as the delivery or collection of the new appliance.
33.2 Considering the legal obligation fulfilled by Mister coffe 'by virtue of the previous provision, if the Consumer wishes to return the old equipment at a later time after the delivery or collection of the new one, the cost of said subsequent return will be agreed between the parties .

Art. 34 - Debit of the ransom
34.1 In case of exercise of the right of redemption pursuant to the previous articles 22 and 29, the Customer authorizes as of now Mister coffe 'to debit the relative cost on his credit card, if issued.

Art. 35 - Data protection
35.1 The Customer gives consent for the data provided to be used for orders, for sending commercial information and for offers. He also gives his consent, pursuant to art. 58 of the Consumer Code so that Mister coffe 'use the telephone, e-mail, automated call systems without the intervention of an operator or fax.
35.2 Please refer to the Mister coffe 'Privacy Policy for details.

Art. 36 - Applicable law
36.1 These GCS are governed by Italian law and must be interpreted in accordance with the same.

Art. 37 - Competent court for the Consumer.
37.1 In contracts with the Consumer, for disputes arising from the interpretation, validity and / or execution of these GCS, the mandatory territorial jurisdiction will be that of the judge of the place of residence or domicile of the Consumer himself, if located in the territory of the Italian State otherwise, for foreign consumers the Court of Milan will be competent.

Art. 38 - Exclusive jurisdiction for the professional Client
38.1 In contracts with professional customers, for disputes arising from the interpretation, validity and / or execution of these GCS, the territorial jurisdiction will be exclusively that of the Court of Milan.

Art. 39 - Validity of these GCS
39.1 In case of conflict between the provisions contained in the FAQ of the Mister coffe 'website and the provisions contained in these GCS, the latter will prevail.
39.2 It is now expressly excluded that the partial nullity of this contract can overwhelm the entire content of the same.