Terms of sale - Caffè Moak

The offer and sale of products through the site store.caffemoak.com are governed by the following General Conditions of Sale. The General Conditions of Sale are formulated in accordance with the regulations on contracts concluded outside business premises and in particular with the provisions of Legislative Decree No. 206 of September 6, 2005 (Consumer Code) and subsequent amendments and Legislative Decree 70/2003 on electronic commerce.
Please also read and periodically consult the other sections of the Site, such as the information on the use of cookies (Cookie) and the Privacy Policy, which contain important information also relating to the processing of your personal data, checking periodically for any updates or changes.

Parts of the contract

The parties to the contract are as follows:

- Moak Coffee: Caffè Moak S.p.A., headquartered in Modica (RG), Viale delle Industrie No. 49-51-53, VAT and Tax Code 01529740886, Ragusa REA No. 126743.

- Customer: the final consumer i.e. the natural person acting for purposes unrelated to his or her business and professional activity, identified through store.caffemoak.com who has placed an order accepted by Caffè Moak.

Application and modification of the General Conditions of Sale

By placing an order in the manner provided, the Customer declares that he/she has read all the information provided during the purchase process and fully accepts these General Conditions of Sale. Caffè Moak reserves the right to change the General Conditions of Sale by giving notice on this page of the site.
The applicable General Conditions of Sale are those in force at the time of placing an order. Any changes will be effective after publication on the site.

Site registration and how to conclude the contract

Registration is required to make product purchases. Registration on the site is free and quick. Should the Customer wish to purchase one or more products, he may select them one at a time and add them to his shopping cart. Once he/she has selected all the items he/she wishes to purchase, he/she may close the cart and place the order. At this point, a page will appear summarizing the products selected, their price and options (with their costs) for delivery (excluding only any customs duties, where due) and taxes. You will be asked to choose the payment method.
The Customer undertakes to communicate correct, truthful and complete data regarding: personal details, personal contact details, other information useful for the execution of the order.
The processing of the data provided will be in compliance with the provisions of this Privacy & Policy.
On the side of the same page, by clicking on the "Proceed with payment" button, you will proceed to submit your order.
The order will then be considered as a contractual proposal to purchase addressed to Caffè Moak for the products listed, each considered individually. Upon receipt of the said order, we will automatically send a message of acceptance of the order itself ("Order Confirmation").
In the order confirmation e-mail, the CUSTOMER will also receive the link to view - and possibly download - a copy of these general terms and conditions of sale, as provided for in art. 51 paragraph 1 of Legislative Decree 206/2005, as amended by Legislative Decree 21/2014.
The Order Confirmation does not constitute acceptance of the purchase proposal. By sending the Order Confirmation, in fact, we only confirm that we have received the order and that it has undergone the process of data verification and availability of the requested products. The sales contract with Caffè Moak will be concluded only when we send a separate e-mail of acceptance of the purchase proposal received, which will also contain information regarding the shipment of the product and the expected date of delivery ("Shipment Confirmation").

Characteristics and prices of products or services

Images of products may not be perfectly representative of their characteristics but differ in color, size, accessory products represented. All supporting information to purchase is intended as mere general information material, not referring to the actual characteristics of an individual product.
Products are offered at the price indicated on the site on the date an order is placed. Coffee products are removed from sale 4 months before the expiration date.
All prices are expressed in Euros (€).
Prices are inclusive of VAT, which will be indicated in detail in the invoice for the purchase of the product.
Prices do not include transport and delivery costs, which are however indicated in the final section before sending an order and specified in the order receipt confirmation sent by e-mail to the Customer.

Placement of orders

Orders are subject to minimum or maximum quantity limitations and products are offered within the limits of stock availability.
Where they exist, promotional codes offered by Caffè Moak are valid only for the products and during the period indicated from time to time. Promotional codes are non-refundable and non-cumulative.
To take advantage of discounts and/or offers linked to promotional codes, you must enter the promotional code in the space provided when validating an order on the site. In case of forgetfulness, an order cannot be cancelled or renewed in order for the promotional code to be taken into account.
Orders will not be accepted from individuals who have not reached the age of majority.
The steps to place an order and to conclude the purchase contract are clearly highlighted in the sequence of pages on the site through explanatory text and graphics.
It is possible to correct any data entry errors before submitting an order.

Confirmation of receipt of an order and acceptance of the order

Upon receipt of an order, Caffè Moak will automatically send a Confirmation of Receipt by e-mail, to the e-mail address provided by the Customer, in which all the details of an order itself will be summarized.
Such Confirmation will summarize the Products chosen, the relevant Prices (including Delivery charges, excluding only any customs duties where due) and taxes, the address for delivery, the order number, the General Conditions of Sale provided therein and any Special Conditions applicable to the individual Order and determined following specific requests by the Customer.
Caffè Moak reminds the Customer to verify with the utmost care and attention the correctness of the data contained in the Order Confirmation and to notify Caffè Moak within 24 (twenty-four) hours of receipt of the same of any corrections.
In the event of a computer error, manual, technical, or any other nature that may result in a substantial change, not foreseen by Caffè Moak, in the sale price to the public, making it exorbitant or clearly derisory, the purchase order will be considered invalid and canceled and the amount paid by the Customer will be refunded within 10 days from the day of cancellation.

Product availability

Following the receipt of an order Caffè Moak will verify the availability of the ordered product and only after such verification will it communicate its acceptance of an order and the shipment of the product.
In the event that Caffè Moak is unable to fulfill an order received it will promptly notify the Customer.
Any right of the Customer to damages or compensation, as well as any contractual or extra-contractual liability for direct or indirect damages to persons and/or property caused by the non-acceptance of an order is excluded.

Accepted modes of payment

Caffè Moak accepts payment only through the following systems:
- PayPal: an online payment system that allows any business or consumer with an email address to send and receive payments, subject to registration. Payment is made through the payment platform PayPal, American Express, Visa, Mastercard or Maestro;
- bank transfer: to the following coordinates: BANCA NUOVA; IBAN: IT11H0513284480885570303399, BIC: BPVIIT3T; indicating in the reason for payment holder and order number;
Please be careful when entering data: the payment will not be accepted in case of incorrect data entry.
Communications relating to the payment and the data communicated by the Customer at the time it is made take place on special secure lines.

Shipping of products

Caffè Moak will ship purchased products only to the destination specified in an order. We do not accept shipments to P.O. Boxes.
Orders placed on weekends or holidays are processed on the next business day.
Caffè Moak will ship the products ordered by the Customer, by courier, to the address indicated by the Customer, approximately within 48 business hours after acceptance of the order. Delivery is generally within 4 working days if in Italy; 15 working days if in Europe and 30 working days for deliveries to countries outside Europe. The times quoted for receipt of goods are indicative.
Delivery charges are invoiced on the basis of the rates shown on the site on the date on which an order was transmitted.
The recipient of the goods is responsible for payment of taxes and customs charges provided for by the regulations in force in the territory of destination of the products.
The courier is responsible for delivery. Caffè Moak undertakes to collect any reports of non-delivery or delayed delivery of products through the help service and, where appropriate, to assist the Customer to protect its rights as per law.

Shipping cost

The contribution to shipping costs - excluding VAT where applicable - is calculated according to the amount of the order.

- SHIPPING COST NATIONAL TERRITORY:

Amount	Shipping cost
From euro 1 to euro 34.90	€ 7,00
Higher than 35.00 euros	Free

- SHIPPING COST IN THE TERRITORIES LISTED BELOW:
Austria, France, Liechtenstein, Monaco, Slovenia, Switzerland, Benelux, Great Britain, Spain, Denmark, Finland, Greece, Ireland, Norway, Portugal, Sweden, Bulgaria, Poland, Czech Republic, Romania, Slovakia, Turkey and Hungary.

Amount	Shipping cost
From euro 1 to euro 34.99	€ 25,00
From 35.00 euros	€ 45,00

- SHIPPING COSTS IN THE TERRITORIES LISTED BELOW:
Andorra, Balkans, Belarus, Cyprus, Estonia, Faroe Islands, Russian Federation, Gibraltar, Iceland, Latvia, Lithuania, Malta, Canada, United States, China, United Arab Emirates, Far East, Hong Kong, India, Pakistan, Australia, Brazil, Egypt, Georgia, Israel, Iran, Iraq, Morocco, Mexico, New Zealand, South Africa, and Rest of the World

Amount	Shipping cost
Euro 1 to 99.99	€ 85,00
Greater than 100 euros	by requesting a specific quotation to be submitted to the following email address: help@caffemoak.com

- SHIPPING COST FOR GERMAN TERRITORY:
by requesting specific quotation to be forwarded to the following email address: help@caffemoak.com.

Customs Costs

Should the goods ordered be delivered outside of Italy the Customer may be subject to import duties and taxes, payable once the package reaches the specified destination. Any additional cost of customs clearance will be borne by the Customer. Caffè Moak has no control over these costs and cannot predict the amount. Customs policies vary considerably from country to country and the Customer should, therefore, contact the local customs office for further information. Please also keep in mind that when placing orders on the site, you will be considered an importer and therefore required to comply with all laws and regulations of the country in which the goods will be received. Your privacy is important to us and we know that you value the way your order information is used and shared. Caffè Moak finds it necessary for its international customers to be aware that cross-border deliveries are subject to opening and inspection of products by the appropriate customs authorities.

Acceptance of the product by the customer

Any damage to the packaging and / or the product or the mismatch in the number of packages or indications must be immediately challenged by making specific indication on the delivery document.
By signing the courier's document, the Customer certifies the real exterior integrity of the product and the conformity of the delivery.
Any problems concerning the real physical integrity, correspondence or completeness of the products received must be reported within 10 working days of delivery by sending an email to: help@caffemoak.com.

Billing

An invoice will be issued for each order of the private Customer who has entered his tax code, and for each order of the professional Customer or company with VAT number. The information provided by the Customer at the time of an order shall be used to issue the invoice. No changes in the invoice will be possible after it has been issued. When placing an order, it is necessary to indicate whether the shipping address is different from the billing address.
Caffè Moak retains title to the delivered goods until the invoice is paid in full.

Brands

All graphics, logos, page headers, icon buttons, fonts, and service marks included in or made available through any of the Caffè Moak Services are trademarks or distinctive marks of Caffè Moak. Caffè Moak's trademarks and distinctive signs may not be used in connection with any product or service that is not Caffè Moak S.p.A.'s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Caffè Moak.

Right of withdrawal and return rules

In execution of the provisions of D. Lgs. 21 February 2014, n.21 implementing Directive 2011/83/EU on consumer rights, the Customer may return the purchased product and obtain a refund of the purchase sum actually paid.
The right of withdrawal may be exercised within the period of 14 days from receipt of the product in the following ways:

1. Prior to the expiration of the aforementioned term, the Customer shall send a registered letter with return receipt to Caffè Moak or by submitting other explicit statement to that effect by email to the address: help@caffemoak.com, also making use of the standard withdrawal form, set out in Annex I, part B , Legislative Decree 21/2014 (not mandatory), the text of which can be downloaded by clicking here;
2. Customer Service contacts the Customer by communicating the Return Authorization Number.
3. The Customer shall record the Return Authorization Number on the return form received together with the delivery documents.
4. The Customer is then contacted by the courier company to take charge of the return.

The return of the product must take place within 14 days from the date of receipt of the Return Authorization Number.
The refund of the price paid for the purchase of the product includes shipping costs.
In the event that the value of the products has suffered a decrease caused by handling other than what is necessary to establish the nature, characteristics and operation of the products, (by way of example: damaged products, not packed 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), Caffè Moak will refund the Customer the purchase sum minus the value of said decrease. In the event that the Customer sends back products after the above deadline or in the case of products that have been opened and/or partially used and do not lend themselves to be returned, the right of withdrawal does not apply and Caffè Moak will return the purchased goods to the Customer, charging the same for shipping costs.

With the above limitations, Caffè Moak will refund the amount actually paid by the Customer within 14 days of receipt of the notice of withdrawal by credit note to the bank account or paypal card, or check.

Warranty

All products, other than food products, sold by Caffè Moak are covered by the conventional manufacturer's warranty. In order to benefit from warranty service, the customer must keep the invoice, or, where non-existent, the transport document.
If the purchased product turns out to have manufacturing defects and/or to have been damaged during transport, the Customer may request the replacement of the same within the mandatory term of 10 days from receipt by e-mail to the following address: help@caffemoak.com.
The Customer is also required to return the defective or damaged product in its original packaging intact in all its parts.
Caffè Moak guarantees compliance with all regulations regarding the storage of products until delivery to the place indicated in the order. Any liability of Caffè Moak with regard to the poor condition of the products due to inadequate storage after the time of delivery is excluded.
In case of product replacement, the shipping costs for the return shall be borne by Caffè Moak. Caffè Moak will then replace the product with an identical one or, in case of depletion of stock and subject to agreement with the Customer, with one of equivalent value.

Responsibility

Caffè Moak assumes no liability for inefficiencies attributable to force majeure or fortuitous event, even where dependent on malfunctions and failures of the Internet network, in the event that it fails to execute the order within the time stipulated in the contract.

Integrity

These General Terms and Conditions of Sale shall consist of the entirety of their component clauses. If one or more of the provisions of these General Terms and Conditions of Sale is deemed invalid or declared invalid pursuant to law, regulation, or following a decision by a court having jurisdiction, the other provisions shall continue in full force and effect.

Governing law and jurisdiction

These General Terms and Conditions of Sale are subject to Italian law.
Any dispute that does not find an amicable solution will be subject to the exclusive jurisdiction of the Court of Ragusa, with the exception of disputes with consumer customers, which will instead be under the jurisdiction of the place of residence or domicile of the CUSTOMER.
In any case, you can optionally resort to the mediation procedures referred to in D.lgs 28/2010, for the resolution of any disputes arising in the interpretation and execution of these conditions of sale by accessing the following site: https://webgate.ec.europa.eu/odr.
This tool can be used by the Customer for the extrajudicial resolution of any dispute arising from the purchase of Products on store.caffemoak.com. Caffè Moak is available to answer any questions forwarded by email to: help@caffemoak.com