TERMS AND CONDITIONS
UPDATE 06/09/2017, VERSION 4.0
These Terms of Sale regulate the supply and sale of products through the site www.lavazza.it, owned by Luigi Lavazza S.p.A. to the consumer who has joined the “Lavazza da te” Programme (hereinafter the “Programme” or “Subscription”) and are formulated and provided in compliance with the requirements of Italian Legislative Decree No. 2016 of September 6, 2005 (the so-called “Consumer Code”) and any other law applicable to e-commerce.
These terms of sale apply without prejudice to the general conditions of sale of the Website (the “General Conditions”); in case of conflict between the contents of these conditions and the general conditions, these conditions shall prevail. For the purposes of these conditions of sale, the definitions set out in the General Conditions apply where they are not reiterated and/or derogate from this document.
You have the right to request additional information through our support services by contacting Lavazza Customer Service – Via Bologna 32 - 10152 Torino – Tel. 011/3020300 – email: firstname.lastname@example.org.
1. THE "LAVAZZA DA TE" PROGRAMME
The “LAVAZZA DA TE” programme is a form of subscription whereby the Customer, on signing a supply contract pursuant to Article 1559 of the Italian Civil Code et seq., undertakes to purchase (and Lavazza undertakes to supply) a certain quantity of coffee capsules and/or other products, from those that Lavazza makes available for purchase through this channel, at predetermined intervals of time and in accordance with the pre-established terms clearly specified during the application procedure
By joining the Programme, the Customer agrees that Lavazza will automatically generate a number of subsequent Purchase Orders, which will be issued at predetermined intervals as indicated by the Customer upon application (every 2, 4, 8 or 12 weeks) for the entire duration of the agreement. These Terms of Sale will apply to purchases made through the aforementioned automatic purchase orders, subject to the preconditions.
The Customer joins the Programme by completing an electronic registration procedure, the stages of which are clearly described in the pages of the Website and the related texts and graphics.
The Customer who joins to the Programme can decide the frequency of automatic purchase orders (every 2, 4, 8 or 12 weeks) and the products that they wish to receive with each order. The Customer can see the settings of automatic and recurring orders (e.g. order frequency and ordered product) at any time, but cannot, however, change these settings once the contract has been signed. If the Customer wishes to change the frequency or assortment of the products purchased on subscription, the existing subscription may be cancelled and a new subscription made, using the same procedure followed for the first subscription.
Registration to the Website is required for anyone wanting to join the Programme; you will be asked to enter your "username" and "password", otherwise it will be impossible to proceed with the conclusion of the supply contract and your participation in the Programme.
The advantages and prerogatives of the products purchased through the Programme cannot be added to those arising from other initiatives and/or promotions launched by Lavazza, unless otherwise provided for in the rules of such initiatives. However, the Customer may also purchase one or more products with the first Order with which they have joined the Programme. In this case, the special conditions provided for the Programme (including but not limited to the absence of shipping and delivery costs irrespective of the amount of the order) will also apply to the products purchased upon joining the Programme.
The agreement for joining the Programme will be deemed to be completed and will become fully binding for the parties by 12:00 am on the day on which the customer joins the Programme.
2. SUBSCRIPTION DURATION – CANCELLATION
Joining the programme and the consequent supply contract are deemed to have been agreed on for an undefined duration. However, the Customer may terminate the subscription freely and at any time (this possibility of unilateral withdrawal will be hereinafter referred to as “Cancellation”), with the only limitation specified below: the subscription may be terminated only after the second delivery of products purchased through the Programme has been made by Lavazza and paid for by the Customer. The Cancellation must be done by sending an email notification to the following address email@example.com or, alternatively, by registered letter with acknowledgment of receipt to the following address: Customer Service Lavazza - Via Bologna, 32 - 10152 Torino, with at least 10 (ten) days’ notice. The deliveries scheduled until the effective date of Cancellation will however be completed by Lavazza and the Customer will be required to pay the corresponding amounts. After the expiry of the 10-day period, the Cancellation will become fully effective and Lavazza will no longer be required to supply any products to the Customer, nor shall the latter be liable for any payments under these Terms of Sale as part of the Programme.
Lavazza reserves the right to terminate the contract pursuant to Article 1456 of the Italian Civil Code in the event of non-payment of products by the Customer under the agreed terms. In such cases, Lavazza will give the Customer a minimum of 10 days’ notice, and will, in any case, undertake to complete all deliveries scheduled prior to the date of termination and duly paid for by the Customer.
Lavazza reserves the right, at its sole discretion, to terminate the “Lavazza da te” Programme at any time for reasons of commercial advantage. In such case, Lavazza will formally notify the Customer of its withdrawal from the contract with at least 10 days’ notice, and will, in any case, undertake to complete all deliveries scheduled prior to the date of termination and duly paid for by the Customer.
3. CONTRACT PARTIES – COMMERCIAL POLICY
The parties of the supply contract are:
- Luigi Lavazza S.p.A. (“Lavazza”), with registered office in Torino, Via Bologna 32, Company Register at the Chamber of Commerce of Torino, Tax Identification and VAT (IVA) number 00470550013;
-The “Customer”: the final consumer, or any natural or legal person who purchases through the Website for purposes other than his/her commercial, entrepreneurial or professional activity and who may have taken part in the Programme; Lavazza sells its products on the Website and conducts e-commerce business exclusively for its end-users who are the “final consumers” as defined above (hereinafter the “Consumer”). In view of this commercial policy, we therefore reserve the right not to process any orders from persons other than the Consumer. If you are not a Consumer, we therefore invite you to refrain from completing any sales transactions on the Website and/or joining the Programme.
Lavazza sells and markets its products through the Website solely and exclusively in Italy. Any purchase requests for a delivery address outside of Italy cannot be accepted and fulfilled by Lavazza.
The language available to conclude the contract with Lavazza is Italian.
These Terms of Sale do not regulate the provision of services or the sale of products by entities other than Lavazza that may be present on the Website through links, banners or other hyperlinks. Before submitting any orders and purchasing products and services from entities other than Lavazza, we advise you to check their conditions of sale, because Lavazza is not responsible for the provision of services by such entities or the conclusion of e-commerce transactions between Website users and third parties.
4. APPLICATION OF AND CHANGES TO THE TERMS AND CONDITIONS
5. PRODUCT FEATURES AND PRICES
Only the products for the purpose of scheduled, regular orders, selected by Lavazza at its sole discretion and presented as such to the Customer at the time of joining can be purchased through the Programme.
The essential features of the products are presented on the Website within each product sheet. However, the images and colours of the products offered for sale on the Website may change and/or not be exactly the same as the real ones due to the Internet browser and monitor used.
On the Website, Lavazza exclusively sells products with proprietary and/or licensed trademarks or in any case with the authorisation of their respective owners. Lavazza does not sell used or irregular products or products of a quality inferior to the corresponding standard offered on the market.
In the event that one or more products selected by the Customer at the time of subscription become unavailable through the Programme, the contract will be automatically terminated and the subscription cancelled. In this case, Lavazza will promptly inform the Customer, who may freely at his/her discretion sign up for a new subscription.
In the event that one or more products selected by the Customer at the time of subscription undergo changes in size (such as a change in the number of capsules and/or quantity of product contained in the individual package, and the resulting changes of the selling price), this change will be promptly communicated by email to the Customer and the subscription will be automatically adjusted to the new format and the new price, without prejudice to the Customer’s freedom to refuse the change and, therefore, cancel the subscription.
The products are sold at the price indicated on the Website when the Purchase Order is made (see below). The prices shown on the Website must be understood as inclusive of VAT.
Product prices may be subject to changes and variations. Any changes to the selling prices of the products selected by the Customer when signing up to the Programme will be promptly communicated by Lavazza to the Customer by email; in this case the Subscription will be automatically adjusted to the new price, without prejudice to the Customer’s freedom to refuse the change and, therefore, cancel the subscription.
6. CONCLUSION OF THE CONTRACT
In order to deliver the products under the Lavazza Programme, a series of recurring Purchase Orders will automatically be generated, in accordance with the frequency chosen and set by the Customer at the time of joining.
On joining the Programme, we provide summary information about the essential characteristics of each product that will be purchased through automatic, scheduled Purchase Orders, including the price (inclusive of all applicable taxes).
By submitting the Purchase Order, the Customer unconditionally accepts these terms and conditions of sale, agreeing to observe them in matters regarding the Subscription with Lavazza. If you do not agree to any of the terms in these Terms and/or Conditions of Sale, please do not join the Programme.
Following the issue of each automatic, scheduled Purchase Order, Lavazza will check the availability of the ordered products and, once availability has been verified, will send an email confirmation to the Customer.
All Purchase Orders issued automatically by the Website as part of the supply contract stipulated under the Programme will be stored in our database for the period of time required to complete the order and in any case no later than the statutory deadlines.
Lavazza reserves the right to not process Purchase Orders that are incomplete or incorrect or not consistent with the commercial policy referred to in paragraph 1 of these Terms of Sale or where any of the products ordered are not available. In these cases, we will inform you that the contract has not been concluded and that Lavazza did not process the Purchase Order, specifying the reasons.
In such cases no purchase will be deemed to have been made and no amount will be charged to the Customer.
Any contractual or non-contractual liability of Lavazza for direct or indirect damages to persons and/or property caused by the failure to fulfill an order for the above reasons is expressly excluded.
Payment of orders can be made by credit card belonging to the Visa/MasterCard/American Express payment system.
The financial information (for example, the credit/debit card number or its expiry date) will be forwarded, via encrypted protocol, to the banks providing the related services for remote electronic payment, without third parties being able to gain access to it in any way. This information, moreover, will never be used by Lavazza except to complete the procedures relating to your purchase and to issue the related refunds (where provided for in the contract), or when it is necessary to prevent or report any Website-related fraud to the police. The amount for the purchase of the products and any shipping charges will be charged at the time of shipment of the purchased products.
You have the right to request the issue of a tax invoice for each Purchase Order when you join the Programme, using the methods that will be indicated during the registration process. We inform you that you will not be able to request the issue of such invoices once the joining procedure has been completed.
8. HAVE YOU HAD SECOND THOUGHTS? (RIGHT OF WITHDRAWAL – Article 52 et seq. Legislative Decree No. 206 of September 6, 2005)
Without prejudice to the Customer’s freedom to notify his/her Cancellation from the programme, as provided for in Article 1 of these conditions, pursuant to, and for the effects of Article 52 of the Consumer Code, the Customer will also have the right to withdraw from the supply contract through a notification that identifies the Customer and the contract, to be sent by registered letter with acknowledgment of receipt to the following address:
Lavazza Customer Service A Modo Mio – Via Bologna, 32 – 10154 Torino
Alternatively, the notification may be sent, within the same period, by email (firstname.lastname@example.org) or fax (011/2398333).
Withdrawal is permissible only within, and no later than, 14 days from the date of the first delivery of products supplied under the terms of the Subscription. As soon as the notice of the withdrawal has been received by Lavazza, the Customer will be contacted by telephone as soon as possible in order to provide the return address for the products; the Consumer will therefore ensure the products are returned to Lavazza in accordance with these instructions within, and no later than, the following 14 days. Within the 14 days following receipt of the notice relating to the withdrawal, Lavazza will refund, in full, the amount paid by the Customer. The costs of reshipping the products to Lavazza are borne by the Consumer.
The complete integrity of the product to be returned is a prerequisite for exercising the right of withdrawal.
For further information about your right of withdrawal, please contact the Lavazza A Modo Mio Customer Service: Telephone (011/3020300) - Fax: (011/2398333) - email: (email@example.com).
9. LEGAL COMPLIANCE GUARANTEE
In accordance with the provisions of Title III, Part IV of Italian Legislative Decree 206/2005 (so-called Consumer Code), Lavazza guarantees that the products purchased on the Website are free of defects for a period of two years from the date of delivery, without prejudice to all rights and remedies due to the consumer
in accordance with the regulations in the Consumer Code, including the right to recovery without charge, by repair or replacement and, alternatively, the other remedies provided for in Article 130 of the Consumer Code. “Defect” means a significant limitation or reduction of suitability for the use of the product in accordance with Article 129 of the Consumer Code. All defects resulting from negligent or improper use of the product are not covered by this warranty. The defective product, if still covered by warranty, must be sent to the service centre together with a copy of appropriate documents to certify the purchase and the delivery date. For any further information, please contact our Customer Service.
11. CUSTOMER SERVICE
For any information or complaint, please contact the Lavazza Customer Service, Via Bologna 32 - 10152 Turin (Italy)
12. APPLICABLE LAW
The Terms of Sale are governed by Italian law and in particular by Italian Legislative Decree No. 206 of September 6, 2005 (so-called Consumer Code), with specific reference to the rules on remote contracts and Legislative Decree No. 70 of 9 April 2003 regarding certain aspects relating to commerce.
Jurisdiction for the resolution of any dispute will be that provided for by the Italian legislation in force at the time of the conclusion of the contract.
The European Commission provides a platform for online dispute resolution, which you can access via this link: http: //ec.europa.eu/consumers/odr/. If you want to bring a question to our attention, please contact us by email at firstname.lastname@example.org