Terms and Conditions
The offer and sale of products through the store.caffemoak.com website are regulated by the following General Sales Conditions. The General Terms and Conditions of Sale are formulated in compliance with the regulations on contracts concluded outside business premises and, in particular, with the provisions of Legislative Decree no. 206 of 6 September 2005 (Consumer Code) and subsequent amendments and Legislative Decree no. 70/2003 on e-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 indications concerning also the processing of your personal data, checking periodically for any updates or changes.
Parties to the contract
The parties to the contract are
– Caffè Moak: Caffè Moak S.p.A., with registered office in Modica (RG), Viale delle Industrie n.49-51-53, VAT No. and Fiscal Code 01529740886, REA of Ragusa n. 126743.
– Customer: the final consumer, i.e. the physical person acting for purposes unrelated to his/her own entrepreneurial and professional activity, identified through the website store.caffemoak.com who has placed an order accepted by Caffè Moak.
Application and modification of the General Terms and Conditions of Sale
By placing an order in the manner provided, the Customer declares to have read all the information provided during the purchase process and to fully accept 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 website.
The applicable General Terms and Conditions of Sale are those in force at the time of placing an order. Any change will be effective after publication on the site.
Site registration and contract conclusion methods
To purchase products, you must register. Registration on the site is free and quick. If the customer wishes to purchase one or more products, he may select them one at a time and add them to his shopping cart. Once he has selected all the items he wishes to purchase, he can close the basket and place his order. You will then see a page summarising the products you have selected, their price and delivery options (with costs) (excluding only customs duties, where applicable) and taxes. You will be asked to choose the method of payment.
The Customer undertakes to communicate correct, truthful and complete data regarding: personal details, personal contact details, other information useful for processing the order.
The data provided shall be processed in compliance with the provisions of this Privacy & Policy.
On the side of the same page, by clicking on the “Proceed with payment” button, the order will be placed.
The order will then be considered as a contractual proposal of purchase addressed to Caffè Moak for the products listed, each one considered individually. Upon receipt of the aforementioned 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 a link to view – and possibly download – a copy of these general terms and conditions of sale, as provided for by art. 51 paragraph 1 of Legislative Decree 206/2005, 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 we have subjected it to data verification and availability of the requested products. The sale 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 the 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 colour, size, accessory products represented. All supporting information for purchasing is intended as mere general information material, not referring to the real characteristics of a single 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 expiry date.
All prices are quoted in Euro (€).
Prices include VAT, which will be detailed on the product purchase invoice.
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 confirmation sent by e-mail to the Customer.
Placing orders
Orders are subject to minimum or maximum quantity limitations and products are offered within the limits of stock availability.
Where existing, the promotional codes proposed by Caffè Moak are valid only for the products and during the period indicated from time to time. Promotion codes are non-refundable and non-cumulative.
To take advantage of the discounts and/or offers linked to the promotional codes, you must enter the promotional code in the space provided when validating an order on the site. If forgotten, an order cannot be cancelled or renewed for the promotional code to be taken into account.
Orders from persons under the age of majority will not be accepted.
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 placing an order.
Confirmation of receipt of an order and acceptance of the same
Upon receipt of an order, Caffè Moak will automatically send a Confirmation of Receipt by e-mail, to the e-mail address communicated by the Customer, in which all the details of an order will be summarised.
Such Confirmation will summarise the Products chosen, the relevant Prices (including Delivery charges, excluding only possible customs duties where due) and taxes, the delivery address, the order number, the General Conditions of Sale therein provided for and any special Conditions applicable to the single Order and determined following specific requests of the Customer.
Caffè Moak reminds the Customer to verify with utmost care and attention the correctness of the data contained in the Order Confirmation and to communicate to Caffè Moak within 24 (twenty-four) hours from receipt of the same any corrections.
In case of computer, manual, technical error, or any other nature that may lead to a substantial change, not foreseen by Caffè Moak, of the sale price to the public, making it exorbitant or clearly derisory, the purchase order will be considered invalid and cancelled and the amount paid by the Customer will be refunded within 10 days from the day of cancellation.
Availability of products
Following the receipt of an order Caffè Moak will verify the availability of the ordered product and only after this verification will communicate its acceptance of an order and the shipment of the product.
In case Caffè Moak is not able to process an order received it will promptly inform 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 things caused by the non-acceptance of an order is excluded.
Accepted payment methods
Caffè Moak accepts payment only through the systems listed below:
– PayPal: an online payment system that allows any company 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; please state name and order number in the reason for payment;
Please be careful when entering your data: payment will not be accepted in the event of incorrect data entry.
Communications relating to the payment and the data communicated by the Customer at the time it is made shall take place on special secure lines.
Shipment of products
Caffè Moak will ship the purchased products exclusively to the destination specified in an order. We do not accept shipments to P.O. boxes.
Orders placed on weekends or holidays will be processed on the next working day.
Caffè Moak will ship the products ordered by the Customer, by courier, to the address indicated by the same, approximately within 48 working hours from the 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 given for receipt of goods are approximate.
Delivery costs are invoiced on the basis of the rates indicated on the site on the date an order was placed.
The consignee of the goods is responsible for paying the 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 possible reports of non-delivery or delayed delivery of the products through the help service and, if necessary, to assist the Customer to protect his rights as by law.
Shipping costs
The contribution to shipping costs – excluding VAT where applicable – is calculated according to the amount of the order.
– SHIPPING COST NATIONAL TERRITORY:
| Total | shipping costs |
| From 1 to euro 25,00 | € 6,00 |
| over euro 25,00 | free |
– SHIPPING COSTS IN THE FOLLOWING TERRITORIES:
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.
| Total | shipping costs |
| From 1 to euro 34,99 | € 15,00 |
| from 35,00 to euro 89,99 | € 30,00 |
| Over euro 90,00 | Free |
– SHIPPING COSTS IN THE FOLLOWING TERRITORIES:
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
| Total | shipping costs |
| from 1 to euro 39,99 | € 50,00 |
| from 40,00 to euro 99,99 | € 70,00 |
| over euro 100 | by requesting a specific quotation to be sent to the following email address: help@caffemoak.com |
– SHIPPING COST FOR THE GERMAN TERRITORY:
by requesting a specific quotation to be sent to the following email address: help@caffemoak.com.
Customs Costs
Should the ordered goods be delivered outside Italy, the Customer may be subject to import duties and taxes, payable once the package reaches the specified destination. Any additional customs clearance costs 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 information about your order is used and shared. Caffè Moak considers it necessary for its international customers to be aware that cross-border deliveries are subject to opening and inspection of products by the relevant customs authorities.
Acceptance of the product by the customer
Any damage to the packaging and/or the product or the mismatch of the number of packages or indications must be immediately contested 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.
Invoicing
An invoice shall 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 invoice shall be issued on the basis of the information provided by the Customer when placing an order. No changes to the invoice shall be possible after the invoice has been issued. When ordering, it is necessary to indicate if the shipping address is different from the invoicing address.
Caffè Moak retains title to the delivered goods until the invoice is paid in full.
Trademarks
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 trade dress of Caffè Moak. Caffè Moak trademarks and service marks 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 Legislative Decree 21 February 2014, no. 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 14 days of receipt of the product in the following ways:
- 1. Before the expiry of the aforementioned term, the Customer shall send a registered letter with return receipt to Caffè Moak or submit another explicit declaration to that effect by email to the address: help@caffemoak.com, also using the standard withdrawal form, as per Annex I, part B , Legislative Decree 21/2014 (not compulsory), the text of which can be downloaded by clicking here;
- 2. Customer Service shall contact the Customer by communicating the Return Authorisation Number.
- 3. The Customer reports the Return Authorisation Number on the return form received together with the delivery documents.
- 4. The Customer shall subsequently be contacted by the courier to take charge of the return.
The return of the product shall take place within 14 days from the date of receipt of the Return Authorisation 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 that necessary to establish the nature, characteristics and operation of the products, (by way of example: damaged products, not regularly 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), Caffè Moak will reimburse the Customer the purchase sum minus the value of said decrease. In the event that the Customer sends back products after the above mentioned deadline or in the case of products opened and/or partially used and not suitable to be returned, the right of withdrawal does not apply and Caffè Moak will return the purchased goods to the Customer charging him the shipping costs.
With the limitations mentioned above, Caffè Moak will refund the amount actually paid by the Customer within 14 days from receipt of the notice of withdrawal by means of a credit note on the bank account or paypal card, or cheque.
Warranty
All products, other than food products, sold by Caffè Moak are covered by the conventional manufacturer’s warranty. In order to benefit from the warranty service, the customer must keep the invoice, or if it does not exist, the transport document.
If the purchased product turns out to have manufacturing defects and/or has been damaged during transport, the Customer can request its replacement within the mandatory term of 10 days from receipt by e-mail to the following address: help@caffemoak.com.
The Customer is also obliged to return the defective or damaged product in its original packaging intact in all its parts.
Caffè Moak guarantees the observance of all regulations concerning the storage of products until the moment of delivery to the place indicated in the order. Any liability of Caffè Moak regarding the bad condition of the products due to inadequate storage after the moment of delivery is excluded.
In case of replacement of the product, 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 exhaustion of stock and after agreement with the Customer, with one of equivalent value.
Responsibility
Caffè Moak does not assume any responsibility for inefficiencies attributable to force majeure or fortuitous events, even if dependent on malfunctions and inefficiencies of the internet network, in the event that it is not able to execute the order within the time foreseen by the contract.
Entirety
These General Terms and Conditions of Sale comprise the entirety of the clauses making up these General Terms and Conditions of Sale. If one or more provisions of these General Terms and Conditions of Sale is deemed invalid or declared invalid by law, regulation or following a decision by a court having jurisdiction, the other provisions shall continue to be in full force and effect.
Applicable law and place of jurisdiction
These General Terms and Conditions of Sale are subject to Italian law.
Any dispute that cannot be amicably resolved shall be submitted to the exclusive jurisdiction of the Court of Ragusa, with the exception of disputes with consumer customers, which shall instead fall under the jurisdiction of the place of residence or domicile of the CUSTOMER.
In any case, it is possible to optionally resort to the mediation procedures set forth in Legislative Decree 28/2010, for the resolution of any disputes arising in the interpretation and execution of these terms and conditions of sale by accessing the following site: https://webgate.ec.europa.eu/odr.
This tool can be used by the Customer for the extra-judicial resolution of any dispute arising from the purchase of Products on store.caffemoak.com. Caffè Moak is available to answer any question forwarded by email to the address: help@caffemoak.com.