Conditions of sale

The following Conditions of Sale applies to the purchases on the “TORREFAZIONE SAN SALVADOR” online store www.caffesansalvador.it by Customers in Europe.

The Conditions of Sale and the related documents comply with Legislative Decree No. 70 of the 9th of April 2003, and national and international law.

With exclusive reference to the sale of Goods and / or Services to Consumers, these Conditions of Sale and the related documentation also comply with Part III, Title III, Chapter I of Legislative Decree 206/2005 (Consumer Code) and subsequent amendments.

PARTIES AND POLICY

This Web-Site, URL www.caffesansalvador.it and the related Store online are managed by TORREFAZIONE SAN SALVADOR S.R.L., italian company, Registered Address: Via S. Antonio 27, Villa di Tirano (Sondrio), Italy, share capital Euro 24.960,00 (twentyfour thousand nine hundred and sixty), fully paid-up, fiscal code and Italian Business Register – Company Registration Office of Sondrio registration number 00134420140, VAT number 00134420140, REA No. SO – 29455, which deals with the sale of coffee pods / capsules and beans (blends), as best identified on the Web-Site above mentioned.

TORREFAZIONE SAN SALVADOR S.R.L., takes care of its Users privacy and guarantees that the Personal Data processing is carried out in compliance with the privacy legislation in force, and in particular with the European Regulation No. 2016/679 and the national legislation on the personal data protection, all as detailed in the sections Privacy policy and Cookie policy of the Web-Site www.caffesansalvador.it.

The User is kindly requested to read these documents.

In order to proceed with the purchase of products on the Store, the User must accept the aforementioned Privacy policy of the Web-Site www.caffesansalvador.it. By consulting the aforementioned Policy, Users have access to all information on collections and processing of their Personal Data by the Web-Site and its Store, managed by TORREFAZIONE SAN SALVADOR S.R.L.

PURCHASES ON THE TORREFAZIONE SAN SALVADOR ONLINE STORE SHALL BE REGULATED

BY THESE CONDITIONS OF SALE (henceforth “CONDITIONS OF SALE”).

1. DEFINITIONS

For the purposes of these “Conditions of Sale”, the terms listed below, unless otherwise defined, mean the following.

“Article” or “Articles”: the article or articles of this Agreement

“Account”: the personal area – upon registration – where the User can access his/her information and Order details;

“Customer” or “Customers”: anyone who purchases Products from the Web-Site www.caffesansalvador.it;

“Consumer” or “Consumers”: any natural person who is acting for purposes which are outside his/her trade, business or profession, pursuant to Article 3, lett. a) Legislative Decree No. 206 of the 6th of September 2005 – Consumer Code;

“Professional” or “Professionals”: any natural or legal person who is acting for purposes related to his/her trade, business or profession, or his/her intermediary, pursuant to Article 3, lett. a) Legislative Decree No. 206 of the 6th of September 2005 – Consumer Code;

“Consumer Code”: Italian Legislative Decree No. 206 of the 6th of September 2005 and subsequent amendments;

“Conditions of Sale”: the contractual terms and conditions of this Agreement which govern the sale of all TORREFAZIONE SAN SALVADOR Products and related Services on the website www.caffesansalvador.it and on the related Store, included all the services operated by TORREFAZIONE SAN SALVADOR S.R.L.;

“Content”: all information, videos, images, sounds, music, photographs, software, newsletters (containing news related to the activity and Products of the Web-Site and to be understood, therefore, an integral part of it), animations, databases, design and contents, any trademarks shown and / or referred to, the logo, the technical solutions adopted, graphic creations, look & feel, structure and any other part already created or to be created, published on the Web-Site, whether registered or not, copyrighted or not, or any other material (in any form) or service made available through the Web-Site or otherwise accessible from the website www.caffesansalvador.it, including the information sheets, the images or the descriptions relating to Products and / or Services;

“Contract” or “Contracts”: includes the Conditions of Sale (and the documents referred to therein), any other conditions and / or terms published on the Web-Site, including subsequent amendments, additional rules, directives, codes of conduct and / or instructions present in the Products information sheets or, in any case, published on the Web-Site, as well as any contact form or Purchase Order placed by the Customer on the Web-Site www.caffesansalvador.it;

“Cookie policy”: document summarizing the types of cookies used by the Web-Site and / or by third parties and how they are managed, with relevant information for privacy purposes – to be displayed at : https://www.caffesansalvador.it/cookie-policy/;

“Personal Data” or “Data”: any information that, directly or indirectly, eventually in connection with any other information, including a personal identification number, makes a natural person identified or identifiable;

“Legislative Decree No. 70 of the 9th of April 2003”: implements EU E-commerce Directive 2000/31/EC, which aims to create a legal framework to ensure the free movement of information society services between EU member states, published in the Official Gazette No. 87 of April 14, 2003 – Ordinary Supplement No. 61 and subsequent amendments and additions;

“Business day” or “Business days”: every day / every calendar day, except for Saturdays, Sundays and public holidays;

“Interested”: the natural person to whom the Personal Data refers;

“Order Confirmation Mail”: e-mail sent by the Seller to the Customer address confirming and accepting the Purchase Order of the Product(s);

“Purchase Order” or “Order” or “Orders”: the Order or Orders for the purchase of one or more Products on the Web-Site made by the Customer in accordance with the procedure referred to in Articles 4, 5, 6, 7, 8 and 9 of these Conditions of Sale;

“Product” or “Products”: any product and / or service offered for sale on the Web-Site www.caffesansalvador.it

“Privacy policy”: document concerning the conditions for the processing of Personal Data of Users and Customers in accordance with and in application of the European Regulation G.D.P.R. 679/2016 and of the Italian legislation on privacy matter (also in reception of the European one), including the indication of the Data Controller – to be displayed at : https://www.caffesansalvador.it/privacy-policy/;

“Information Sheet”: web page containing the main characteristics of the single Product and any related Services, including the price and eventually a photographic representation (which must in any case be understood as merely illustrative of the Product’s and / or Service’s characteristics);

“Service” or “Services”: any accessory Service provided by the Seller and connected to the Product Sale, such as, by way of example and not limited to, transport and shipping;

“Web-Site”: the web-site www.caffesansalvador.it ;

“Store”: the online Store on the Web-Site www.caffesansalvador.it, managed by TORREFAZIONE SAN SALVADOR S.R.L.;

“Controller”: means the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of Personal Data, including the security measures relating to the operation and use of the Web-Site. In the case of www.caffesansalvador.it, the Controller is TORREFAZIONE SAN SALVADOR S.R.L., as better identified and identified above;

“User” or “Users”: the individual or individuals who use the Web-Site/application www.caffesansalvador.it and its Services.

“Seller”: TORREFAZIONE SAN SALVADOR S.R.L., Italian company, Registered Address: Via S. Antonio 27, Villa di Tirano (Sondrio), Italy, share capital Euro 24.960,00 (twentyfour thousand nine hundred and sixty), fully paid-up, fiscal code and Italian Business Register – Company Registration Office of Sondrio registration number 00134420140, VAT number 00134420140, REA No. SO – 29455, that’s sells the Goods and provide the Services through its Web-Site Store www.caffesansalvador.it. It also takes care of the management of the Web-Site and of the online Store.

2. DETAILS ABOUT THE CONDITIONS OF SALE

2.1. These Conditions of Sale applies to every Order placed on the Store TORREFAZIONE SAN SALVADOR, handled by TORREFAZIONE SAN SALVADOR S.R.L., as above identified.

2.2. Regards every Order, the Seller will send its communications electronically by email from the address info@caffesansalvador.it or by other kind of electronic communication. Users therefore acknowledge that all declarations of intent, offers, communications, disclosures and other notices will be issued and / or provided electronically, except in cases where the law provides otherwise.

2.3. These Conditions of Sale may be changed by the Seller due to the specific modification of the relevant section of the website www.caffesansalvador.it with indication of the effective validity date (so-called “last update”). Any changes to the Conditions of Sale shall apply to Orders placed starting from the effective date (first day of effect included) of said changes, provided that the Conditions of Sale, as modified, are visible on the Web-Site as conditions applicable at that time.

2.4. Before placing an Order, Users shall be given the opportunity to view these Conditions of Sale and shall be asked to accept them, by affixing a tick (so-called flag).

3. OBJECT

3.1. This Agreement relates to and contains the terms and conditions governing the sale of Products through the Web-Site www.caffesansalvador.it to both Consumers and Professionals.

3.2. Any purchase of Products and / or Services made by the Consumer is governed not only by these Conditions of Sale, but also by the provisions of Italian Legislative Decree No. 70 of the 9th of April 2003, and national and international law.

With exclusive reference to the sale of Goods and / or Services to Consumers, these Conditions of Sale and the related documentation also comply with Part III, Title III, Chapter I of Legislative Decree 206/2005 (Consumer Code) and subsequent amendments.

4. ACCESS TO THE WEBSITE AND PURCHASE OF PRODUCTS ON THE STORE WITH OPTIONAL SIGN-IN, SUBJECT TO ACCEPTANCE OF PRIVACY POLICY, COOKIE POLICY AND CONDITIONS OF SALE

4.1. After a careful consultation and acceptance of the Privacy policy and the Cookie policy in the respective sections of the Web-Site, the purchase of the Product (s) on the Web-Site can take place with or without registration (sign-in) on the Web-Site itself.

Registration on the Web-Site is free. In order to register, the Customer must enter in the “Account” section, inserting his/her email address and then following the guided procedure.

Registering on the Web-Site allows the Customer to carry out the following activities:

– view the Orders;

– manage shipping and billing addresses;

– change the password and account details.

The Customer guarantees that the personal information provided during the registration on the Web-Site are true and undertakes to hold the Seller harmless and indemnified from any damage, compensation obligation and / or penalty resulting from and / or in any way connected to the violation by the Customer of the rules of registration or sign-in credentials preservation.

4.2. The User / Customer must carefully read these Conditions of Sale (which can be viewed and printed) and must accept them by clicking in the box “I accept the Conditions of Sale”.

5. MAKING THE ORDER, METHOD OF PAYMENT, BILLING

5.1. To purchase Products on the Store, you must:

– have accepted the Privacy Policy, the Cookie Policy and these Conditions of Sale;

– provide your name, address, contact details, payment details and other requested information;

– provide a valid delivery address. The Seller doesn’t offer “BTR-fermopoint” parcel collection service.

It is possible to place online orders only for an economic value greater than or equal to € 7.00, and up to 1,000 capsules or 30 kg of coffee beans. The higher orders will be managed directly via e-mail, reserving additional discounts for buyers.

5.2. The User can place an Order by browsing the Store, selecting the Product in which he/she is interested, clicking on the “ADD TO CART” button, then “VIEW CART” and then “PROCEED WITH THE ORDER“.

Otherwise, if the User wishes to continue shopping, he/she can select the additional Products he/she intends to purchase. Subsequently, the User, by clicking on the cart icon or the “VIEW CART” button, can view and check the content of his/her Order, having the right to modify its content with the “+” and “-” buttons.

On the same page, the User can also enter any promotional codes in his/her possession.

The User can then complete the Order by clicking on the “PROCEED WITH THE ORDER” button.

If the User is not interested in viewing the cart, he/she can proceed directly to the conclusion of the Order by clicking on the “PAYMENT” button, which appears by scrolling the mouse over the cart icon.

At this point, the User displays a page in which he/she need to insert all the billing information and any different shipping address, as well as select the chosen payment method.

It is also necessary to accept the Privacy Policy, the Cookie Policy and these Conditions of Sale.

By clicking on the “PLACE ORDER” button, the Customer sends the Purchase Order.

The Customer accepts that his/her Order is valid as an irrevocable purchase proposal for the Product(s) indicated in the Order pursuant to these Conditions of Sale, without prejudice in any case to the right of withdrawal for the Consumer, as specified in the following Article 14.

5.3. With specific reference to the payment methods, the Customer can choose between credit card and debit / prepaid card using the Visa, Mastercard, Maestro, V Pay circuits, or by bank transfer.

In case of payment by credit / debit / prepaid card, the payment procedure is managed, in complete safety, through the NEXI – XPAY gateway.

The User is invited to carefully follow the instructions relating to the chosen payment method.

5.4. It should be noted that the information provided by the Customer during the payment shall be used by the Seller only to complete the procedures relating and connected to the Order and / or to issue any refunds, or if it is necessary to prevent or report to the competent Authorities the commission of fraud on the Web-Site.

Finally, the Customer is advised that the detailed information provided below with reference to the methods of use of the various payment instruments are only indicative and have the purpose of facilitating the Customer in finalizing the Order. In the case of payments managed by external platforms – of which the manager of this Web-Site has no control, it is recommended that the Customer, before selecting a payment method, reads the conditions inherent on the relevant reference sites, to be aware of any and all updates / modifications / additions with respect to what is indicated.

5.5. Alternatively, the following payment methods are provided:

PAYMENT WITH CREDIT CARD

On the Web-Site, the Customer can pay using a credit card enabled for online payments of the Visa, Mastercard, Maestro, V Pay circuits, through NEXI – XPAY gateway.

Each purchase is made safely thanks to encryption systems (SSL – Secure Socket Layer) to protect the Customer’s Personal Data and credit card information from unauthorized accesses.

The payment data will be transferred, through the aforementioned secure connection, to the NEXI – XPAY platform for authorization and debit, and therefore shall be subject to its privacy policy.

These data are not accessible to third parties.

It should be noted that not even the Seller shall know or preserve the information relating to the Customer’s credit card, which is managed directly by the third party who handles the payment. Therefore under no circumstances the Seller can be held responsible for the fraudulent use of credit cards by third parties.

Payment by credit card will take place without any additional charge.

The Customer confirms that he/she is the holder of the used credit card or that he/she has had the consent of its holder. In the absence of such conditions, it shall not be possible to proceed with the Order and any concluded Order may be cancelled by the Seller.

The credit available must cover the entire amount of the expense.

PAYMENT BY DEBIT CARD OR PREPAID CARD

On the Web-Site, the User can pay using a Visa or Mastercard debit card, or a prepaid card from the Visa, Mastercard, Maestro, V Pay circuits through NEXI – XPAY gateway.

Each purchase is made safely thanks to encryption systems (SSL – Secure Socket Layer) to protect the Customer’s Personal Data and credit card information from unauthorized accesses.

The payment data will be transferred, through the aforementioned secure connection, to the NEXI – XPAY platform for authorization and debit, and shall therefore be subject to its privacy policy.

These data are not accessible to third parties.

It should be noted that not even the Seller shall know or preserve the information relating to the Customer’s debit/prepaid card, which is managed directly by the third party who handles the payment. Therefore under no circumstances the Seller can be held responsible for the fraudulent use of debit/prepaid cards by third parties.

Payment by debit/prepaid card will take place without any additional charge.

The Customer confirms that he/she is the holder of the used debit/prepaid card or that he/she has had the consent of its holder. In the absence of such conditions, it shall not be possible to proceed with the Order and any concluded Order may be canceled by the Seller.

The credit available must cover the entire amount of the expense.

PAYMENT BY BANK TRANSFER

Payment by bank transfer to the below mentioned bank account is considered to have been made once the transfer has been credited or the Customer has proved the irrevocable nature of the transfer made, by sending, if possible, the payment accountant to the email address info@caffesansalvador.it.

As long as the Seller does not receive the bank transfer payment, the Order is suspended.

The bank transfer must be made to the following bank account:

Torrefazione San Salvador srl

BANK: CREVAL – Villa Di Tirano bank office

IBAN: IT60Q0521652340000000000425

5.6. BILLING

For each Order/s the seller will issue a regular tax receipt which will be included in the package.

If the Customer wishes to request the issuance of the invoice, he/she must indicate his/her will before the conclusion of the Order, providing the necessary Data.

In this event, or in the case of online sales to a Professional (identified in this way at the time of ordering), the invoice shall be issued in an electronic format and sent by the cd. SdI.

It is also possible to request a courtesy invoice copy by sending an email to: info@caffesansalvador.it.

6. HOW TO PURCHASE THE PRODUCT

The Customer can purchase any Product on the Web-Site, with the features described and the price (including any taxes) indicated in the Information Sheet. Any costs and/or customs duties are not included in the price.

Any photographic representation of the Product on the Information Sheet page or on any other parts of the Web-Site is intended for purely illustrative and / or descriptive purposes.

Please read Articles 10, 11 and 12 of these Conditions of Sale.

7. SENDING AND ACCEPTANCE OF THE ORDER. FORMATION OF THE CONTRACT

The purchase of the Product(s) takes place by sending, through the Web-Site, the Purchase Order to the Customer. Before proceeding, Customer has the responsibility to ensure that the Order and the Data provided are correct.

If the Customer has problems related to his/her Order, including error messages in the Order transmission, he/she is kindly requested to immediately contact the Seller by writing to: info@caffesansalvador.it.

The contract between the parties (the “Contract”) is concluded upon receipt by the Customer of the Order Confirmation Mail or, in case of bank transfer payment, upon receipt of the relevant payment, as specified in the email itself.

The Order Confirmation Mail is considered received when it is delivered to the mailbox indicated by the Customer, without having any relevance the actual reading and/or entering in the “junk mail” section, “spam” or similar.

In the event of a Purchase by a Consumer, after the conclusion of the Contract, the Seller is obliged to deliver the Product(s) within 30 (thirty) days, in accordance with the provisions of the Contract and Article 61 Consumer Code.

In the Order Confirmation Mail, the Costumer will find a link to these Conditions of Sale, for Customer reference.

8. SHIPPING / DELIVERY TERMS, TIMES AND COSTS

8.1. Shipping Times

The Product(s) is (are) shipped by courier, by using the service GLS Italy Spa (refer to this point for more information to https://gls-group.com/ ), with standard service, within:

– 4-5 Business Days for mainland Italy;

– 6-7 Business Days for the Islands;

– 10 Business Days for delivery to other European Union countries, with the exception of delivery outside the EU (including Switzerland);

from the date of receipt of the Order Confirmation Mail, or from the date of receipt of payment, if later, from Monday to Friday, excluding public holidays and national holidays, and except in cases of force majeure and/or any impediments not dependent on the will of the courier, as well as of the Seller.

The packages, belonging to the same Order, could – in some cases – be delivered on different days.

The Products purchased on the Web-Site will be delivered to the address indicated by the Customer.

We remind you that the aforementioned delivery times are extended for Orders paid by bank transfer because the evasion takes place only upon receipt of payment.

When ordering, it is always recommended to indicate a telephone number for any communications from the courier.

8.2. Shipping fees.

Standard delivery costs amount to:

– 6.00 Euros for Orders up to 35.00 Euros;

– Free for orders over 35.00 Euros or for orders of at least No. 100 capsules.

Any costs and/or customs duties are not included in the price and in the aformentioned shipping fees.

The courier is not normally required to deliver the goods to the floor, but only at the doorsill of the address of the recipient.

Shipments are not covered by insurance.

8.3. Unjustified refusal / non-acceptance of delivery.

In the event that the Customer, without reason, does not accept/refuses delivery of shipment, or in the event that he/she has provided an incorrect delivery address causing the delivery to fail, the package containing the purchased Product(s) will be returned to the Seller, who can no longer be held liable for the Product(s) delivery within the originally established deadline.

The costs for further shipping shall be borne by the Customer.

8.4. Absence of the Customer at the courier’s passage

If the Customer is absent on the day of the courier’s passage for delivery, he/she has to contact the local courier office and arrange for a subsequent delivery or for the collection at the courier’s office. The Seller is not economically responsible for packages left in storage at the courier’s office. The customer who cannot agree with the courier a second scheduled delivery or collect the Product at the courier’s office, has the responsibility to complete the shipment.

Failing that, pursuant to Article 17 the Costumer shall receive a partial refund of the amount paid, net of costs resulting from non-delivery.

8.5. Checking the package upon delivery.

Upon package delivery, the recipient must check that the packaging is intact and not damaged. Otherwise, if there is damage to the packaging upon delivery / unloading of the goods, the Customer must, alternatively:

– express a reservation: this means that the package is accepted, but before signing the document, the recipient must write in the appropriate space “I accept with reserve right”, describing in writing in detail the nature of the damage found, after having opened the package in the presence of the transporter/courier;

– reject the damaged goods if it is not possible to accept the package with reserve, or in the event that the damage is still visible without having to open the package and checking the integrity of the contents.

In case the Customer accepts with reserve or refuses the delivery, please inform the Seller promptly, by writing to info@caffesansalvador.it, if possible by providing photographic material and a description of the alleged damage found.

8.6. The Seller is exempt from any responsibility for delays in delivery or for non-delivery, if the delay or non-delivery are caused by cases of force majeure and / or any impediments not dependent on the courier or Seller’s will, including, by way of example but not limited to, acts of war or terrorism, strikes, states of emergency at national, regional or local level (including any provision of a governmental nature at national and / or regional and / or local level adopted also following health emergencies or other epidemiological ones and which could affect the timing of shipping and delivery and / or in any case the operation of the Services themselves), failure of the transport infrastructure, interruptions in the supply of electricity or other utilities, earthquakes, other natural disasters, postponements or delays in delivery caused by the recipient.

9. PRICES AND TAXES

The total price charged to the Customer is equal to the sum of the price of the individual Products purchased, including all applicable taxes and / or duties (net of all discounts/promotions applied), as indicated in the Product Information Sheet, and any shipping costs, as detailed above in Article 8.

The total price shall be precisely indicated in the summary sheet that will be generated before the conclusion of the Order and shall also be summarized by the Seller in the Order Confirmation Mail.

Any costs and/or customs duties are not included in the price and in the shipping fees and are not indicated in the Order Confirmation Mail.

10. COMPATIBILITY, INFORMATION ON PRODUCTS, PHOTOGRAPHIC RENDERING

At the time of the Order, the Customer is requested to verify that the Products purchased are compatible with the intended use. The Customer is emphasized that the Products sold on the Web-Site may be partially different from the photographs in which they are reproduced. These photographs have a purely illustrative and / or descriptive and / or indicative purpose and no binding value.

By reference to the composition, ingredients, characteristics and certificates of the Products, please see the Information Sheets for each of them on the online Store.

Without prejudice to the above, if the Customer has received products other than those ordered or if the delivery was incomplete or if damage occurred during transport, the Customer is invited to immediately contact the Seller:

– at the e-mail address: info@caffesansalvador.it;

– or at the telephone number 0342795066.

11. NOTES ON PRODUCTS

The Products sold are manufactured in compliance with current legislation.

For any doubts or requests for more details, do not hesitate to contact us at the e-mail address info@caffesansalvador.it.

12. INSTRUCTIONS FOR A CORRECT STORAGE / USE OF THE PRODUCTS

The User must pay attention to the fact that an incorrect use of the Products, such as storing them in a place that is not cool and dry, could affect their quality and characteristics. In such cases, the Seller cannot be held responsible.

In any case, for any doubts or requests for more details, do not hesitate to contact the Seller at the e-mail address info@caffesansalvador.it.

13. OWNERSHIP OF PRODUCTS and PASSING OF RISK

13.1 The ownership of the Products sold on the Web-Site, as well as the risk of loss or damage to the Products, for reasons not attributable to the Seller, is transferred to the Customer only when the latter, or a third party designated by him/her and different from the carrier, takes physical possession of the goods.

However, the risk is transferred to the Customer since the time of delivery of the goods to the carrier if the latter has been chosen by the Customer and this choice has not been proposed by the Seller, without prejudice to the Customer’s rights towards the carrier.

The intellectual property rights relating to the Web-Site or its Content, as well as the Products sold therein, are and remain in the exclusive property of the Seller or its licensors.

The Customer and the User are prohibited from copying and/or reproducing, and/or modifying, and/or creating works based on the Content of the Web-Site.

The Customer and the User are also prohibited from downloading and/or copying and/or reproducing and/or duplicating and/or in any case using or spreading the Seller’s logo(s) and/or trade names and/or others distinctive signs relating and/or referable to the Seller and/or its Products and/or to use/diffuse/copy the photographs uploaded on the Web-Site.

14. WITHDRAWAL, RETURN AND REFUND RIGHT

14.1. Right of withdrawal: terms and methods of exercise.

By the law, the Consumer has 14 (fourteen) calendar days available to withdraw from the contract with the Seller with reference to one or more Products purchased on the Web-Site Store.

The right of withdrawal can be exercised by the Consumer without providing any explanation on the reasons for which he/she has decided to exercise it. In any case it is an explicit and unequivocal declaration, for example using the model downloadable at the following link (https://www.caffesansalvador.it/wp-content/uploads/modulo-di-recesso-en.pdf), to be sent to the Seller alternatively by:

Indicating the number and date of the Order, as well as Consumer name and surname and a detailed description of the Product (s) for which he/she intends to exercise this right.

The period of 14 (fourteen) calendar days starts from the moment of receipt of the Product purchased on the Web-Site Store or, in the case of multiple goods ordered by the Consumer through a single Order and delivered separately, from the day on which the Consumer or a third party, other than the carrier and designated by the Consumer, acquires physical possession of the last Product.

In order to evaluate compliance of the legal term of 14 (fourteen) calendar days for exercising the Consumer’s right to withdraw from the Contract, it should be considered the date of dispatch of the withdrawal declaration, made in accordance with the above.

14.2 – Consumer obligations consequent to the exercise of the withdrawal

In case of withdrawal, exercised in accordance with the above, the related Product(s) must be returned by the Consumer to the Seller within 14 (fourteen) calendar days from the date of dispatch of the withdrawal declaration.

The Products must be carefully packaged by the Consumer to avoid any possible damage during transportation; they must also be placed in a package that does not allow the contents to be recognized and/or identified and must be returned to the following address by registered mail with return receipt or courier that allows tracking of the shipment:

TORREFAZIONE SAN SALVADOR S.R.L., Via S. Antonio 27, Villa di Tirano (Sondrio), Italy, postal code 23030.

The shipping costs and risks related to the return of the Product(s) of withdrawal will be borne by the Consumer.

14.3 The refund of the amount paid by the Customer (including initial shipping costs) for the returned Product(s) shall be made by the Seller within 14 (fourteen) calendar days from the day on which the same is informed of the Consumer’s decision to withdraw from the Contract in the abovementioned rules.

However, the Seller may withhold the refund until he/she has received the Product(s), or the Consumer has not demonstrated to the Seller that he/she has shipped the Product(s).

The Seller shall reimburse the Consumer using the same payment method used by the Customer for the initial transaction, unless otherwise agreed between the parties pursuant to Article 56, paragraph 1, Consumer Code.

14.4. Therefore, the period of 14 (fourteen) calendar days for the return of the Product(s) starts for the Consumer from the moment of sending the withdrawal declaration, while the period of 14 (fourteen) calendar days for the reimbursement by the Seller of the price of the Product(s) and of the initial shipping/delivery costs starts upon receipt of the withdrawal declaration, except as provided above.

14.5. Exceptions to the right of withdrawal exercise

Pursuant to Article 59 paragraph 1 letter c) of the Consumer Code, the right of withdrawal couldn’t be exercised for Products made according to the specifications provided by the Consumer or clearly adapted to his/her personal needs (“supply of goods tailor-made or clearly personalized”).

14.6. Professional

The Professional has no right of withdrawal.

15. LEGAL WARRANTY

15.1 Legal guarantee for the Consumer

In case of any lack of conformity existing at the time of goods delivery and which manifests itself within two years from that moment, the Consumer can enforce the legal guarantee for the Product(s) purchased on the Online Store, pursuant to Article from 128 to 135 quater Consumer Code.

In such cases, the Consumer can alternatively request the restoration of conformity, or, alternatively, a proportional reduction of the price, or the termination of the contract.

For the purposes of restoring the conformity of the goods, given the nature of the Goods and Products sold in the TORREFAZIONE SAN SALVADOR Store, the Consumer can request the replacement of the Product (s), without charge, since the remedy of the repair is objectively impossible or excessively onerous with respect to replacement.

In fact, on this point it is specified that one of the two remedies is considered excessively burdensome if it imposes unreasonable expenses on the Seller compared to the other, taking into account the value of the asset, the extent of the defect and the possibility of proceeding with the alternative remedy without determining significant inconveniences for the Consumer.

The replacement will be made by the Seller within a reasonable time from the request, without causing significant inconvenience to the Consumer, taking into account the nature of the goods and the purpose for which the Consumer purchased the goods.

All shipping, labor and material costs are entirely borne by the Seller.

The Consumer, if the Seller requests it, must proceed with the prior return of the defective Product, at the Seller’s expense, before the latter proceeds with the shipment of the new Product.

Alternatively, the Consumer has the right to a proportional reduction of the price or to the termination of the sales contract pursuant to article 135-quater in the event that:

a) the Seller has not carried out the repair or replacement, where possible, pursuant to article 135-ter, paragraphs 1, 2 and 3, or has refused to bring the goods into conformity pursuant to paragraph 3;

b) a lack of conformity occurs, despite the seller’s attempt to restore the conformity of the goods;

c) the lack of conformity is so serious as to justify the immediate reduction of the price or the termination of the sales contract;

d) the Seller has declared or it is clear from the circumstances that it will not proceed to restore the conformity of the goods within a reasonable period or without significant inconvenience to the Consumer.

In case of contract terminating, the Seller shall return the purchase price after the return of the Product(s) due by the Consumer.

Furthermore, it is emphasized that the Consumer does not have the right to terminate the contract if the lack of conformity is only minor. The burden of proving the slight extent of the defect is borne by the Seller.

Unless proven otherwise, it is assumed that any lack of conformity that occurs within one year from the time the goods were delivered already existed on that date, unless this hypothesis is incompatible with the nature of the goods or with the nature of the compliance defect.
The legal guarantee, relating to the alleged non-conformity of a purchased Product with respect to what is agreed in the Contract for defects not intentionally concealed by the Seller, is prescribed, in any case, within twenty-six months from the delivery of the goods; the Consumer, who is agreed for the execution of the contract, can however always assert the rights referred to in article 135-bis., i.e. the replacement or the reduction of the price or the termination of the contract, as indicated above.

15.2 Legal guarantee for Professional

Pursuant to articles 1492 e 1495 Italian Civil Code, in case of Professional, the defects warranty, which covers defects that make the good unsuitable for the use for which it is intended or that decrease its value, can be enforced within 12 (twelve) months from the delivery of the goods, but it is necessary that a suitable report of the defect is sent within 8 (eight) days from discovery.

In this case, the Professional can request the contract termination or a price reduction in proportion to the defect. In the event of termination, the Customer shall have to return the goods and the Seller shall have to reimburse the buyer for the price paid.

    1. Procedure for contesting the alleged lack of conformity

The Customer has to inform the Seller of the alleged lack of conformity of the Product by means of:

For a faster assistance, the Customer is asked to attach to the report an adequate description of the alleged defect, accompanied by the related documentation (including photos) in order to identify the appropriate remedy.

The Customer is required to keep the Order Confirmation Mail (and eventually to transmit it to the recipient of a product as a gift) as proof of the Product purchase, which must be attached in order to activate the legal guarantee.

15.4. Non-applicability of the guarantee – what is meant by “lack of conformity of the Product” or “Defective Product”

In order to verify the applicability of the legal guarantee, the Product is to be considered free of significant conformity defects, if it has the agreed qualities and complies with the sales contract at the time of delivery.

Pursuant to Article 129 Consumer Code, Consumer goods are presumed to be in conformity with the contract if:

  1. possesses the following subjective requirements, where relevant:

– correspond to the contractual description, type, quantity and quality and possess the functionality, compatibility, interoperability and other characteristics as required by the sales contract;

– be suitable for any particular use desired by the Consumer, which has been brought to the attention of the seller at the latest at the time of the conclusion of the sales contract and which the Seller has accepted;

– be supplied together with all the accessories, instructions, including installation instructions, provided for in the sales Contract;

  1. possesses the following objective requirements, where relevant:

– be suitable for the purposes for which goods of the same type are normally used, possibly taking into account other provisions of national law and UE law, technical standards or, in the absence of such technical standards, the codes of conduct of the industry applicable to the specific sector;

– possess the quality and correspond to the description of a sample or model that the seller has made available to the consumer before the conclusion of the Contract;

– be delivered together with any accessories, including packaging, installation instructions or other instructions, that the consumer can reasonably expect to receive;

– be of quantity and possess the qualities and other characteristics, also in terms of durability, functionality, compatibility and safety, ordinarily present in a good of the same type and that the Consumer can reasonably expect, taking into account the nature of the good and the public statements made by or on behalf of the seller, or by other persons as part of the previous steps in the chain of commercial transactions, including the manufacturer, in particular in advertising or on the label.

Furthermore, the Product is not to be considered defective if it has not been stored and/or maintained in accordance with the provisions of Article 12 of these Conditions of Sale.

Therefore, the Seller is not responsible for defects and damage caused by improper and/or incorrect and/or non-compliant use by the Customer, who therefore shall not be able to enforce the aforementioned legal guarantee.

16. LIMITATIONS OF LIABILITY

16.1. These Conditions of Sale govern all Seller’s obligations and responsibilities regarding Product(s) purchase and sale through the Web-Site Store. In particular, the Seller does not guarantee that the Product(s) is(are) suitable to the purposes / expectations of the Customer and the User is urged to carefully analyze the provisions of Articles 8, 10, 11, 12 and 15.3 before making the purchase of the Product(s) on the Web-Site.

16.2. The Seller cannot be charged with any contractual and/or extra-contractual liability for:

– financial losses (including, but not limited to: loss of profit, loss of revenues, contracts, business or expected savings);

– loss of goodwill and/or reputation;

– any kind of loss or damage, of a financial or non-patrimonial nature, suffered and/or suffering;

– complaints by the Customer and/or third parties, except as what expressly provided for in these Conditions of Sale.

17. EXPRESS TERMINATION CLAUSE

Pursuant to Article 1456 of the Italian Civil Code, the Seller has the right to terminate this Contract, without notice, by means of a unilateral declaration, communicated in writing to the Customer, of its willingness to make use of this clause, upon the occurrence of at least one of the following events:

a – the lack and/or absence of availability of the Product/s for reasons not attributable to the Seller;

b – in the event of bankruptcy, or access to insolvency proceedings of suppliers of parts and/or materials of the Product(s) purchased by the Customer, or in the event of bankruptcy or access to insolvency proceedings of companies that carry out certain work on the same Product;

c – partial or total non-payment of the amount owed by the Customer according to the times and methods provided for in this Agreement and/or any anomaly and/or irregularity in the payment.

On this point it should be noted that:

– in the event of anomalies and/or irregularities in the payment, the Seller, before activating this express termination clause, may request additional information to the Customer and/or the sending of copies of documents proving the ownership of the account/card used and/or the legitimacy to use its, which in any case must be received within 5 (five) Business Days;

– if the Customer does not provide the requested information within the indicated term, or if the anomalies and/or irregularities in the payment are of such seriousness as to be considered by the Seller not to be remediable, the Seller shall have the right to cancel the Order, pursuant to this Article, unless the Seller prefer to request the Contract fulfillment.

A different agreement between the parties is reserved.

18. AMENDMENTS FORMALITY, SEVERABILITY, PARTIAL NULLITY OF THESE TERMS OF SALE

18.1. Any valid modification to these Conditions of Sale must be in writing and requires the express consent by the Seller.

18.2. If one of the provisions of these Conditions of Sale is deemed unlawful and/or null and/or, for any reason, unenforceable, such nullity/invalidity/ineffectiveness/inapplicability is to be considered partial and incident only on the flawed provision; it shall not affect the validity, effectiveness or applicability of the remaining provisions.

The illegal and/or null and/or unenforceable provision is automatically replaced by the valid/effective/applicable one provided by mandatory rules, or by customs and traditions whose purpose or purpose is as similar as possible to the replaced provision.

19. CONTACTS

For questions and/or doubts and/or issues about Product(s) or Order information contact the Seller at the following:

20. PERSONAL DATA PROCESSING

20.1. Pursuant to Article 13 REG. UE 2016/679, the Data Controller is TORREFAZIONE SAN SALVADOR S.R.L., registered Address: Via S. Antonio 27, Villa di Tirano (Sondrio), Italy, postal code 23030, share capital Euro 24.960,00 (twentyfour thousand nine hundred and sixty), fully paid-up, fiscal code and Italian Business Register – Company Registration Office of Sondrio registration number 00134420140, VAT number 00134420140, REA No. SO – 29455, mail: info@caffesansalvador.it , telephone number: 0342 795066.

20.2. The contract execution is the legal basis for Customer’s Personal Data processing, since the Customer is the Data Subject.

As Data Controller, TORREFAZIONE SAN SALVADOR S.R.L. processes the aforementioned Data according to lawfulness and correctness and in compliance with necessity, transparency, proportionality, adequacy, accountability and control principles, provided for by privacy legislation, for the following purposes:

a. for the execution of the Orders placed by the Customer in the “TORREFAZIONE SAN SALVADOR” Web-Site Store, carrying out any related activity, such as, in particular, Products selection, Orders sending, shipping, delivery and/or the possible exercise of the withdrawal right and the consequent withdrawal of the goods or any other fulfillment provided for in the Conditions of Sale;

b. to carry out any administrative and/or accounting activity connected with the Web-Site Purchase, as well as to fulfill legal obligations;

c. for communications sending aimed at the promotion and/or direct sale of Products and/or Services similar to those already purchased/enjoyed by the Customer (so-called “soft spamming”), without prejudice to the Customer’s right to exercise the so-called opt-out at any time by contacting the Data Controller, in the manner above mentioned;

d. for sending Products commercial communications, special offers, promotions and news, coupons, by e-mail, text message or similar and/or by postal service (so-called “marketing purposes”), also by profiling the User, without prejudice to right to object to such Data Processing.

20.3. The Seller undertakes to process Customers Personal Data in compliance with the security rules referred to in Article 32 of EU Reg. 2016/679 (so-called GDPR), as well as in compliance with transposition national privacy legislation, guaranteeing Data processed integrity and taking the necessary precautions to avoid Data destruction and loss, also in consideration of the Data processed type and the processing methods. Personal Data are processed with manual and electronic tools and are stored in the electronic database in charge. The Personal Data contained in the aforementioned partially automated information system, as well as those stored in Data Controller electronic archives, are processed in accordance with the provisions of current legislation and the GDPR regarding security measures, in order to minimize the risks of destruction, loss, modification, unauthorized disclosure or accidentally or illegally access, or any other processing that does not comply with the Data Collection purposes.

20.4. The Data Controller will keep the Personal Data for the time necessary to execute the contract and in any case in compliance with legal obligations.

The Personal Data processing, subject to the release of the relevant consent, may also have profiling purposes and may involve their transfer and / or communications to third parties, including the subjects indicated in Article 20.5.

20.5. The Personal Data provided by Customers for the aforementioned purposes can be communicated to the following recipients, by way of example and not limited to: social security, welfare and employment protection bodies; Seller employees or collaborators, for administration, accounting, tax compliance and IT support activities; natural and/or legal persons (legal, administrative, tax and labor consultancy firms) for the needs related to the purposes referred to in Article 20.2; to all those subjects (including Public Authorities) who have access to the Data by virtue of regulatory or administrative provisions.

20.6. The Seller processes the Personal Data freely entered and provided by the Customer through the appropriate forms on the Web-Site (such as, in particular, personal data, tax codes, contact details, telephone numbers, e-mail addresses, etc.), as well as technical Data autonomously generated (in particular, IP addresses, log files relating to Web-Site navigation, Purchases, etc.). The Seller will keep the log files and the IP addresses used when making an online purchase in compliance with the law, in order to prevent and ascertain any fraud in online transactions.

About the Cookies Use by the Web-Site, please refer to the relevant Cookie Policy.

20.7. The Data provision for the purposes referred to in points a) and b) of Article 20.2 is necessary for contract conclusion and execution and, therefore, if the Costumer does not provide these Personal Data it will be impossible to conclude the Purchase, Sale, delivery and/or Product(s) return.

Furthermore, Personal Data Processing consent is not request for the Seller to carry out administrative and accounting activities, pursuant to art. 6, par. 1, lett. b), GDPR and to current legislation.

With reference to the purpose referred to in point c) of Article 20.2. above, Personal Data Processing consent is not necessary under current legislation, but the Customer has the right to object to communications sending at any time pursuant to art. 21 G.D.P.R.

With reference to the purpose referred to in point d) of Article 20.2., Personal Data Processing consent is optional, but if the Costumer does not provide it, it will be impossible for the Customer to receive communications and/or commercial information relating to the Seller’s Products and to benefit from any related promotions.

20.8. Pursuant to articles 15 G.D.P.R. and following and to current privacy legislation, the Customer, as interested in Personal Data processing, can exercise the rights referred to in the aforementioned articles and, moreover, pursuant to art. 77 G.D.P.R., has at any time the right to lodge a complaint to the Italian Personal Data protection Guarantor to revoke any given consent and to:

a) obtain confirmation of Personal Data existence and their communication in an intelligible, structured, commonly used and legible format, with the possibility to transmit them to another Data Controller (“Portability Right”);

b) obtain information: (i) on Personal Data origin, on its Processing purposes and methods, on the applied logic by electronic tools Processing; (ii) on the Data Controller, Data Processor (s) and the Data Protection Officer (if appointed) identification details; (iii) on the subjects or categories of subjects to whom the Data may be communicated or who may become aware of the same as representatives, managers or designated in the State;

c) obtain (i) its Personal Data updating, rectification or integration or, in the event of a dispute regarding Data correctness, limitation of their processing for the time necessary for the appropriate checks, (ii) their transformation in anonymous Data or their blocking when processed in violation of the law, including those whose retention is necessary in relation to the purposes for which the Data were collected or subsequently processed, (iii) the attestation that the operations mentioned in the points above and its content are known by those to whom the Data have been communicated or disseminated, except in case this fulfillment is impossible or involves the use of means manifestly disproportionate related to the protected right;

d) object, in whole or in part (i) to its Data processing, even if these Data are relevant to the collection purpose, (ii) to its Personal Data processing, provided for the purposes of commercial information or advertising material sending or direct sales, or for carrying out market research or commercial communication;

e) obtain cancellation without undue delay (“Right to be forgotten”) in the event that the Data are no longer necessary with respect to the purposes for which they were collected or otherwise processed, or have been unlawfully processed or in the event that the User (i) requests it or (ii) opposes in whole or in part the processing;

f) obtain processing limitation in the event that the Data (i) are processed unlawfully but the User objects to their cancellation, (ii) they are necessary for the User to ascertain, exercise or defend a right, (iii) an assessment is pending regarding the legitimate reasons for the processing by the Seller.

Without prejudice to what specified in the Web-Site Cookie Policy,

– with regard to the use of external platforms that manage payment systems, such as: NEXI – XPAY, the User/Customer is invited to read the privacy policies on the related websites before proceeding with the relative procedure payment, in order to know the specific methods of Personal Data processing carried out by the owners of these platforms;

– with regard to the use of external platforms that manage shipment systems, such as: GLS Italy Spa, the User/Customer is invited to read the privacy policies on the related websites https://gls-group.com/ before proceeding with the relative procedure payment, in order to know the specific methods of Personal Data processing carried out by the owners of these platforms;

– with regard to third parties such as but not limited to: Facebook, Instagram, Woocommerce platform that manages the Store, etc., the User/Customer is invited to read the related third-party privacy policy.

21. APPLICABLE LAW, JURISDICTION, ODR, COMPLAINTS

21.1. These Conditions of Sale and the purchase of Products from this Store are governed by Italian law.

21.2. For any dispute concerning the validity and/or effectiveness and/or interpretation and/or execution of the Products Purchase Agreement on the Store, or the purchase procedure, or these Conditions of Sale, as well as, in general, the navigation on the Web-Site by the User, or the use of any functionality available to the User/Customer through the Web-Site, the competent court will be:

– in case of Consumer, that of the Consumer’s residence or domicile, if located in Italian territory, pursuant to Article 66 bis Consumer Code. If the Consumer does not have residence or domicile in Italy, the only competent court will be Sondrio (Italy);

– in case of Professional, the competent court will be Sondrio (Italy).

21.3. In any case, the Consumer can preliminarily attempt a conciliation using the online dispute resolution procedure on the European platform “Online Dispute Resolution” (so-called ODR), by accessing the following address: http://ec.europa.eu/consumers/odr/.

The e-mail address of the professional seller to be included in the complaint is info@caffesansalvador.it.

21.4. The Seller take cares of the relationship with the Customer and its satisfaction in the Purchase: therefore, without prejudice to the rights for the User / Customer as specified above, the Customer is invited to prior propose any type of complaint / dispute to the address: info@caffesansalvador.it, indicating the Order number and the Purchase date, a brief explanation of the problem complained of (possibly with supporting photographic material), as well as the contact details where to be contacted. The Seller will try to solve the problem directly, as far as possible.

Effective date – last updated: March 18, 2022

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