Terms and conditions of use and sale
- 1. General Regulations
These general conditions of sale (hereinafter, “General Conditions”) apply to all sales of products (hereinafter, “Products” or “Product”) purchased through the website www.morosito.it (hereinafter “Site “). The use of the distance selling service described in these General Conditions is reserved exclusively for consumers (hereinafter “Customers” or the “Customer”), understood as individuals acting for purposes unrelated to their commercial, business or professional activity possibly carried out.
The language available to conclude the contract is Italian. The Customer is required to carefully read the General Conditions that have been made available to him on the Site, in order to allow them to be stored and reproduced by the Customer pursuant to art. 12 of the Legislative Decree 9 April 2003, n. 70.
The contracts sealed with Morosito Caffè di Mentisano Dario C. (as defined below) through the Site are governed by Italian law and, in particular, by Legislative Decree 6 September 2005, n. 206 (“Consumer Code”) and by Legislative Decree 9 April 2003, n. 70 (hereinafter, “E-commerce Decree”).
2. Identification of the seller
The seller is Morosito Caffè di Mentisano Dario C.,
Registered Office: Località Masseria, 1 – 98071 Capo d’Orlando (ME). VAT number: 01692960832 Rea number: 145072 Chamber of Commerce of Messina (hereinafter Morosito Caffè di Mentisano Dario C.)
3. Information relating to the Products
The information relating to the Products that can be sold remotely through the Site are available, with the relative product codes, on the Site. The aforementioned information is provided in accordance with articles 52 and 53 of the Consumer Code.
4. Price
The prices of the products are inclusive of all taxes and duties except for customs duties (See paragraph 10). All prices are expressed in Euros. Shipping costs are charged to the customer, except for any promotions that can be consulted on the shipping costs page.
The prices and promotions are valid only on the morosito.it online shop
5. Order of Products
The essential characteristics and prices of the Products are shown in the offer relating to each Product.
To purchase the Products, the Customer must fill in the form online and send the order in electronic format to Morosito Caffè di Mentisano Dario C., following the instructions contained on the Site. The Customer must place the Product in the appropriate “cart” and, after having read the General Conditions, with particular reference to the contribution for delivery costs and the methods of exercising the right of withdrawal, and the Privacy Policy, must select the desired payment method and choose the option “Confirm order “.
Before submitting your purchase order, the Customer will have the possibility to correct any errors in entering data by following the appropriate modification procedure contained in the Site. In particular, the Customer has the right to change the quantity of the Products he intends to purchase, adding or deleting one or more Products from the “cart”.
* The brand is not owned by Morosito Caffè or by companies connected to it.
* The brands Nespresso, Lavazza A modo mio, Espresso point, Ristora, Dolcegusto, Caffitaly, Unosystem, and all the other brands on the site are not owned by Morosito Caffè, nor by companies connected to it. All logos and trademarks contained on this site belong to their respective owners. The compatibility of the capsules is functional for use on the machines mentioned on the site and does not replace the use of the original capsules produced by the respective manufacturers. The photos of the products are purely indicative.
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 accept the General Conditions.
The Customer will have the opportunity to view and follow the status of his order through the “Orders” area of his account. Morosito Caffè di Mentisano Dario C. reserves the right to evaluate the acceptance of orders received. Morosito Caffè di Mentisano Dario C. will notify the Customer of the impossibility of accepting orders received within 30 days from the day following the day in which the Customer sent the order to Morosito Caffè di Mentisano Dario C. and will refund the any sums already paid by the Customer for the payment of the supply.
6. Terms of payment
The Customer may pay the price of the Products and the related delivery costs by credit card, Pay Pal, by bank transfer.
Payments made with all major credit cards are accepted, including: Visa, MasterCard and American Express.
The transaction will be charged to the Customer’s credit card only after:
a) the credit card details have been verified (on a secure server directly from Pay Pal, we will not have any direct access to your data),
b) the debit authorization has been received from the company issuing the credit card used by the Customer
c) the availability of the Product has been confirmed by Morosito Caffè di Mentisano Dario C.
Morosito Caffè di Mentisano Dario C. also accepts payments made by bank transfer. Any bank charges will be charged to the customer.
In the event that, for any reason, the debit of the amounts due by the Customer proves impossible, the sales process is automatically canceled and the sale automatically canceled.
7. Confirmation of receipt of the order
In accordance with the provisions of art. 53 of the Consumer Code, the Customer receives, at the time of the execution of the contract, by e-mail, the confirmation of receipt of the purchase order sent by the Customer, containing a summary of the General Conditions, of the essential characteristics of the ordered product , its price, the amount paid, the existence of the right of withdrawal – with an indication of the times and methods for returning the goods – the geographical address to submit any complaints and information on assistance services and existing commercial guarantees.
8. Ineffectiveness of the order
No contract must be considered concluded between Morosito Caffè di Mentisano Dario C. and the Customer if Morosito Caffè di Mentisano Dario C. has reasonable grounds to believe that the Customer does not operate on the basis of an effective and genuine interest in purchasing the products ordered, or abusive exercise the right of withdrawal recognized by the following article 12. In such cases, the order sent by the Customer must be deemed to have no effect whatsoever. Morosito Caffè di Mentisano Dario C. will send the Customer, by e-mail, a communication certifying the failure to conclude the Contract, also taking care of the cancellation of any charge and / or expense charged to the Customer.
9. Transport and delivery
The Products purchased on the Site will be delivered to the address indicated by the Customer. In any case, the Customer has the right to request the delivery of the products to an individual of his choice. At the time of delivery, the signature of an adult over 18 years of age will be required. No deliveries will be made to post office boxes.
For each order placed on the Site, Morosito Caffè di Mentisano Dario C. will issue an invoice for the goods shipped, sending it by e-mail or at the same time as the order is delivered, pursuant to Presidential Decree 445/2000 and of Legislative Decree 52/2004. For the issuance of the invoice, the information provided by the Customer at the time of the order is valid. No change in the invoice will be possible after it has been issued.
Delivery costs are charged to the Customer and are clearly highlighted on the Site and in the order form.
All purchases will be delivered by express courier with which Morosito Caffè di Mentisano Dario C. has entered into collaboration agreements (hereinafter, “Courier”) from Monday to Friday, excluding holidays and national holidays. Morosito Caffè di Mentisano Dario C. is not responsible for unforeseeable delays.
Morosito Caffè di Mentisano Dario C. will send the Customer a confirmation e-mail once the Products have been shipped, in which the shipment tracking number will be specified, through which it will be possible to view the status of the shipment after entering it on the Courier’s website.
In any case, except in cases of force majeure or unforeseeable circumstances, in accordance with the Consumer Code, the Products will be delivered within a maximum period of 30 (thirty) days from the day following that in which the Customer sent the order to Morosito Caffè di Mentisano Dario C., unless Morosito Caffè di Mentisano Dario C. communicates – within the same term, by e-mail – the impossibility of delivering the ordered goods following the unexpected unavailability, even temporary, of the Products. In the event of such communication, Morosito Caffè di Mentisano Dario C. will refund any sums already paid by the Customer for the payment of the supply.
In the event that, in response to the communication by Morosito Caffè di Mentisano Dario C. of a delay in the delivery date, the Customer wishes to cancel the Order, any amount already paid by the same will be refunded as soon as possible, and in any case no later than 30 (thirty) days from the day following that on which the Customer sent the order to Morosito Caffè di Mentisano Dario C .
For the delivery of the goods, the presence of the Customer or his representative at the address of the recipient indicated in the order is required. Upon delivery of the goods by the Courier, the Customer is required to check that the number of packages delivered corresponds to what is indicated in the transport document and that the package is intact or not altered. Any damage to the package and / or the Products or the mismatch in the number of packages must be immediately notified by means of a written check on the Courier’s proof of delivery. Once the Courier’s document has been signed, the Customer will not be able to make any objection about the external characteristics of the delivered package.
10. Duties and restrictions
Morosito Caffè di Mentisano Dario C. is not responsible for any duties or purchase restrictions applied to customs in the countries of destination.
11. Right of withdrawal
In compliance with the provisions of Legislative Decree 21 February 2014, n.21 implementing Directive 2011/83 / EU on consumer rights, the Customer can return the purchased product and obtain a refund of the purchase amount actually paid, without any penalty and without specifying the reason.
The right of withdrawal consists in the right to return the purchased products to the seller and consequently obtain a refund of the purchase price of the products themselves.
The right of withdrawal can be exercised within 14 days from the receipt of the product in the following ways:
The costs of returning the purchased products are charged to the consumer.
In the event that the value of the products has suffered a decrease caused by handling other than that necessary to establish the nature, characteristics and functioning of the products, (by way of example: damaged products, not properly or completely packaged, or in which certain parts are missing or have been damaged, such as components, elements, accessories, packaging materials, boxes, documentation and / or other objects), Morosito Caffè di Mentisano Dario C. will reimburse the Customer the purchase sum less the value of said decrease.
In the event that the Customer sends back products beyond the aforementioned deadline or in the case of open and / or partially used products that do not lend themselves to being returned, the right of withdrawal does not apply and Morosito Caffè di Mentisano Dario C. will provide to return the purchased good to the Customer by charging the shipping costs to the Customer.
With the aforementioned limitations, Morosito Caffè di Mentisano Dario C. will refund the amount actually paid by the customer within 14 days by the reception of the notice of withdrawal, by credit note to the bank account or credit card.
12. Product Replacement
Morosito Caffè di Mentisano Dario C. provides its Customers with the possibility of replacing the Products purchased through the Site.
To obtain the replacement of a Product it is necessary to follow the procedure indicated below.
The Customer who is not fully satisfied must keep all the documentation relating to the delivery and the Product itself in its original packaging and immediately contact Morosito Caffè di Mentisano Dario C. by e-mail to the following address: info@www.morosito.it
The Product to be replaced must be received, in normal condition, at the following address: Morosito Caffè di Mentisano Dario C. – Location Masseria, 1 – 98071 Capo d’Orlando (ME).
The fulfillment of the new order is subject to the availability of the requested Products.
The shipping costs related to the return of the Product are charged to the Customer.
The replacement Product will be sent to the Customer by courier without additional shipping costs.
13. Defects of conformity
In the event of lack of conformity of Products sold by Morosito Caffè di Mentisano Dario C. through morosito.it, the Customer must immediately contact our Customer Service at the e-mail address info@www.morosito.it.
The legal guarantees provided for in articles 129, 130 and 132 of the Consumer Code apply to the sale of the Products. The Customer has the right to restore, without charge, the conformity of the goods by repairing or replacement or to an adequate reduction of the price or to terminate the contract. The Customer loses these rights if he does not report the lack of conformity to Morosito Caffè di Mentisano Dario C. within two months from the date on which he discovered the defect. The direct action to assert the defects not maliciously concealed by Morosito Caffè di Mentisano Dario C. is prescribed, in any case, within twenty-six months from the delivery of the goods.
14 Errors
The information relating to the Products provided on the Site is constantly updated. However, the complete absence of errors cannot be guaranteed.
Morosito Caffè di Mentisano Dario C. 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.
15. Applicable law and competent court
These General Conditions are governed by Italian law and must be interpreted in accordance with Italian law.
For disputes arising from the interpretation, validity and / or execution of these General Conditions, the mandatory territorial jurisdiction will be that of the judge of the Court of Patti (ME).
16. Contacts
For further information, please write to Customer Service directly on the website in the “Contacts” section or by e-mail at the following addresses: info@www.morosito.it.
