General Conditions of Sale of the website
1. Scope of application and information on contract conclusion
1.1 These general conditions of sale (hereinafter “General Conditions of Sale”) govern the offer and sale by La Marzocco S.r.l. (with registered office in Viale G. Matteotti, n. 25, 50121 – Florence (FI), Italy, with operation offices in Via La Torre, n. 14/H, 50038 – Scarperia (FI), Italy, registered in the Register of Companies of Florence under no. 04040140487, TAX and VAT number no. 04040140487, hereinafter “La Marzocco”) through the website https://temporary.lamarzocco.com/en/emporio/ (hereinafter “Site”) owned by La Marzocco of the products and/or services specifically indicated in the Site (hereinafter “Product/s”). For the purposes of the General Conditions of Sale, the term “user” indicates the person who accesses the Site and/or uses it (hereinafter referred to as the “User(s)”).
1.2 The offer and sale of the Products on the Site constitute a distance contract, regulated, for the consumers defined therein, by Chapter I, Title III (articles 45 and following) of Legislative Decree no. 206 of September 6, 2005, (hereinafter referred to as the “Consumer Code”) and by Legislative Decree no. 70 of April 9, 2003, which regulates e-commerce.
1.3 The General Conditions of Sale apply to all the sales of Products realized by La Marzocco through the Site. The General Conditions of Sale can be changed and/or amended at any time. Any changes shall come into force once they are published on the Site. Before making a purchase, therefore, the User is required to refer to the most up-to-date version of the General Conditions of Sale in force at the time, to verify whether anything has changed.
1.4 The applicable General Conditions of Sale are the ones in force as of the date on which the Order Form defined below was sent.
1.5 Before purchasing a Product through the Site, the User is required to carefully read the General Sales Conditions in the section “General Conditions of Sale” on the Site, as well as all the other information provided on the Site, both before and during the purchase procedure.
1.6 The General Conditions of Sale do not regulate the sale of products and/or services on the Site by any third-party other than La Marzocco that may be present on the Site even through links, banners, or other hypertext links (hereinafter referred to as “Third-party Sellers”). Before carrying out any commercial transactions with the Third-party Sellers, the User is required to verify their sales conditions. La Marzocco is not a party to the sale contract between Third-party Vendors and the User; as a consequence, La Marzocco cannot be held responsible for the provision of services and/or for the sale of products by Third-party Sellers. La Marzocco doesn’t check and/or monitor in any way the websites that can be accessed through the above-mentioned links and the websites of the Third-party Sellers; as a consequence, La Marzocco cannot be held responsible in any way for the content of the sites in question, nor for any errors and/or omissions and/or law breaches by the sites themselves.
2. Purchases on the Site
2.1 Before purchasing any Products on the Site, users must register to the Site by following the procedure specified in article 3 below; registration is open to both consumers and non-consumers. Natural persons must be older than 18.
2.2 Pursuant to article 3, paragraph I, letter a) of the Consumer Code, the term “consumer” indicates a natural person the purpose of whose actions is not related to his activity as an entrepreneur, trader, craftsman, or professional.
2.3 Should anyone place any anomalous orders, in terms of amount of purchased products or of purchasing frequency, La Marzocco reserves the right to undertake all the necessary actions required to ensure that the irregularities in question cease, including suspending access to the Site, cancelling the registration to the Site, or rejecting and/or cancelling the orders in question.
2.4 La Marzocco shall always be entitled to reject and/or cancel any orders placed by: (i) a User with whom La Marzocco has a legal dispute pending; (ii) a User who previously breached the General Conditions of Sale and/or the Site usage terms and/or conditions; (iii) a User who was involved in frauds of any kind, and, in particular, in frauds related to credit card payments; (iv) Users who provided false, incomplete, or anyway incorrect identification data, or who failed to promptly send to La Marzocco the documents it requested within the context of the procedure provided for by articles 9.1 and 9.2 below, or who sent any invalid documents.
3. Registration to the Site
3.1 Registration to the Site is free of charge. In order to register to the Site the User must fill in the relevant form, entering his name, surname, date of birth, e-mail address, credit card data and a password, and follow the indications provided by the Site. If registration occurs during the purchasing procedure, the User shall also be required to enter his address, phone number, and tax number and/or VAT number. Each User can register to the Site only once. The User has the option to save the data of one or more credit cards, in order to reuse it for the payment of the purchases made on the Site (hereinafter referred to as “Credit Card Data Saving”).
3.2 The registration credentials (e-mail address and password) allow the User to make purchases on the Site, and, in case the User opted for Credit Card Data Saving, to pay the cost of the purchases made on the Site directly, i.e. without entering the credit card data on every purchase. The User, therefore, is required to keep the registration credentials (e-mail address and password) with the utmost care. They can only be used by the User and cannot be transferred to any third parties. The User undertakes never to disclose them and to ensure that no third party can access them. The User also undertakes to immediately inform La Marzocco, by contacting the numbers specified in article 14 below, in case he should have any suspicions or be informed of an unauthorised use/disclosure of the credentials.
3.3 The User guarantees that the personal information provided during the registration procedure is comprehensive and true, undertaking to indemnify La Marzocco and to hold it harmless against any damage, obligation to make reparation, and/or sanction arising from and/or in any way related to the failure by the User to comply with the provisions on Site registration or on the keeping of registration credentials.
4. Purchase contract conclusion
4.1 In compliance with Legislative Decree no. 70 of April 9, 2003 on e-commerce, we hereby inform the User that:
- in order to conclude the contract for the purchase of one or more Products on the Site, the User shall fill in an electronic order form (hereinafter referred to as the “Order Form”) and send it to La Marzocco, by electronic means, following the relevant instructions that will be displayed on the Site;
- before sending the Order Form, the User is required to identify and/or correct any data entry errors following the instructions provided by the Site in the various stages of the purchasing process;
- the contract (hereinafter referred to as the “Purchase Contract”) is concluded when the User receives, at the e-mail address he provided, the order confirmation (hereinafter referred to as the “Order Confirmation”), containing: a summary of the general and specific conditions applying to the Purchase Contract, information on the main characteristics of the purchased Product, details about the price and the media used for payment, information on the right of withdrawal, details about the delivery costs and any additional costs, the indication of the conditions for the termination of the Purchase Contract and the indication of the Customer Service contacts the User can refer to in order to request support and/or to file any claims;
- the Order Form shall be stored in the La Marzocco database as long as necessary for its execution and anyway in compliance with the terms provided for by the law. The User will be able to access the Order Form and/or the related data through his personal account.
4.2 The languages available to the User for the conclusion of the Purchase Contract are Italian and English. The Customer Service can communicate with the User in Italian. English, and Spanish.
5. Product availability
5.1 The Products offered on the Site are the items marked as available for purchase in the electronic catalogue published on the Site and viewed by the User when placing the order. Products can belong to various commodity categories.
5.2 Product availability is monitored and updated. As the Site may be concurrently visited by multiple Users, however, several Users might purchase the same Product at the same time. In such cases, therefore, the Product could briefly be marked as available while out of stock or not immediately available, due to the need of restocking.
5.3 Should the Product no longer be available for the reasons mentioned above, or in the other cases of Product unavailability after purchase, with no prejudice to the non-negotiable rights granted to the User by the law, the User shall immediately be informed by e-mail. The User shall then be entitled to immediately terminate the Purchase Contract.
6. Product information
The images and descriptions published on the site reproduce as faithfully as possible the characteristics of the Products. The Product colours, however, might differ from the actual ones due to the settings of the IT systems. and/or of the computers used by the User to display them. The images of the Products published on the Site, in addition, might differ as to the dimensions or any accessory products. The images in question, therefore, must me regarded as indicative and the customary tolerances shall apply. For the purposes of the Purchase Contract, the Product description contained in the Order Form sent by the User shall prevail.
7.1 All the Product prices published on the Site (hereinafter referred to as the “Price”) are expressed in Euro and are VAT inclusive. The delivery costs, which may vary according to the delivery and/or payment method chosen by the User, shall be specifically indicated (expressed in Euro and VAT inclusive) during the purchase procedure, before the User is bound by the Purchase Contract, in the Order Form summary and in the Order Confirmation e-mail.
7.2 Price is subject to change at any time, even multiple times during the same day. The Product Price charged to the User shall be the one specified in the order summary, displayed by the User before the Order Form is sent by electronic means, and any subsequent changes (price increases or decreases) occurring after the Order Form was submitted shall not apply.
8. Purchase orders
8.1 The Purchase Contract is subject to the payment of the whole sum due (hereinafter referred to as the “Total Sum Due”), consisting of the Price, of the delivery costs, if applied, and of any other additional cost, as resulting from the order, under penalty of termination. Should the Total Sum Due fail to be paid, therefore, the Purchase Contract shall be automatically terminated. The User shall be informed of the termination in question, and of the cancelling of the relevant order, right after sending the order, through the Site or by e-mail.
8.2 Ownership of the Products, as well as the risk of loss and/or damage of the Products, due to reasons not attributable to La Marzocco, will be transferred to the User at the time of shipment, meaning the time of delivery of the Product to the carrier (hereinafter “Shipment”). For the Consumer, the risk of Product loss and/or damage for causes not attributable to La Marzocco, instead, shall be transferred to the User when the User or a third party appointed by the user acquires physical possession of the Products.
9. Payment methods
9.1 The User can pay the cost of the Products purchased on the Site by means of credit card or Paypal.
9.2 The user can pay the cost of the Products purchased on the Site directly through the Site. We accept all the credit cards belonging to the circuits VISA, MasterCard, American Express, Maestro. The accepted credit cards, in any case, are specified on the Site. The Total Sum Due is charged when the Order Confirmation is sent. In order to safeguard the security of the payments made on the Site and prevent any frauds, the User may be requested by e-mail to send, by the same means, a front/back copy of his identity document, and, if the person issuing the order is different from the card holder, a copy of the identity document of the latter. The document shall be valid. The e-mail containing the request shall specify the term by which the document must be received. The term in question shall never exceed 5 (five) working days of the reception of the request by the User. Until the requested document is received, the order shall be suspended. The User agrees and undertakes to send the requested documents within the specified term. Should the documents in question fail to be received within the term specified in the request e-mail, or should the received documents be expired or invalid, the Purchase Contract shall automatically be terminated pursuant to art. 1456 of the Italian Civil Code, and the order shall be consequently cancelled, with no prejudice to the right for La Marzocco to be compensated for any damage incurred as a consequence of the breach by the User. We use the secure payment service of the company Paypal, which is based on the SSL security protocol. The confidential credit card data (card number, holder, date of expiry, security code) are encrypted and transmitted in that form to the payment manager. La Marzocco, therefore, never has access to, and never stores the data of the credit card used by the User to pay the Products.
10. Methods, costs, and terms of delivery
10.1 Product are delivered worldwide, except for restrictions related to, but not limited to, the health emergency for the COVID-19 pandemic, wars, natural disasters, etc.… The delivery obligation is deemed to have been fulfilled by the transfer of the availability of the material, or, in any case, of the control of the Products to the User.
10.2 Delivery is against payment, and unless otherwise provided for, the delivery costs shall be charged to the User. The amount of the delivery costs due by the User for a specific order is explicitly and separately specified (expressed in Euro and VAT inclusive) during the purchase procedure, in the order summary and, in any case, before the User proceeds to submit the Order Form.
10.3 In the order summary, and therefore before the User proceeds to submit the Order Form, we shall specify the total price of the order, separately indicating the delivery costs and any additional expense. The total in question, which shall also be specified in the Order Confirmation e-mail sent to the User, shall constitute the Total Sum Due by the User for the Product. For each sale made on the Site, we shall issue an invoice, which shall be sent by e-mail to the holder of the Purchase Contract. For the issuing of the invoice, we shall refer to the information provided by the User when submitting the Order Form through the Site, which the User guarantees to be true. No change can be made to the invoice after it has been issued. The User undertakes to indemnify La Marzocco and to hold it harmless against any damage, including sanctions, which should result from the User providing untrue data through the Site for the issuing of the invoice.
10.4 The Products purchased on the Site shall be delivered to the postal address specified by the User in the Order Form (hereinafter referred to as the “Home Delivery”). The User can choose one of the following Home Delivery methods: Express Courier, Standard and/or Express); the relevant costs and terms are indicated for each of them during the purchase procedure, before the User proceeds to submit the Order Form.
10.5 Unless otherwise specified and unless the User has opted for door delivery, the Product shall be home-delivered at the ground floor. Unless the User has chosen a Home Delivery method featuring the delivery on appointment or within a specific time, the Home Delivery shall be carried out from Monday to Friday during regular working hours (from 9:00 a.m. to 9:00 p.m.), except on national holidays.
10.6 The User acknowledges that he is obliged to collect the Product. If the Home Delivery method chosen by the User does not feature the delivery at an agreed time, should the Product fail to be delivered due to the absence of the recipient, the courier shall leave a notice to document the delivery attempt (hereinafter referred as the “Non-delivery Notice”). The Non-delivery Notice shall also specify the contact details of the courier, to allow the User to agree upon the new delivery or the package collection. After the delivery attempt has failed, the package shall be stored at the courier. The User is requested to collect the package within 3 (three) calendar days of the second day following the Non-delivery Notice date. Should the User fail to collect the Product within the term in question, the Purchase Contract shall be automatically terminated pursuant to art. 1456 of the c.c.; in that case, within 15 (fifteen) working days of the Purchase Contract termination, we shall refund the Total Sum Due, if already paid by the User, minus the expenses incurred for the failed Home Delivery, the storage expenses, the expenses for the return of the Products to La Marzocco and any other expense incurred as a consequence of the failure to deliver the Products due to the absence of the recipient. The User shall be notified by e-mail of the termination of the Purchase Contract and of the amount of the refunded sum. The sum in question shall be credited to the same means of payment used by the User for the purchase. Any delays in accreditation may depend on the bank or on the credit card type.
10.7 During the purchase procedure, before the User submits the Order Form, we shall specify the terms within which the ordered product shall be delivered, taking into account, in addition to the delivery area and method, also the possible purchase of multiple Products with the same order by the User. The terms of delivery start being computed from the date on which the Purchase Contract was concluded, unless otherwise provided for. The term of delivery of the specific order shall also be included in the Order Confirmation. Should the term of delivery fail to be specified, Products shall be delivered in any case within 30 (thirty) days of the date on which the Purchase Contract was concluded.
10.8 Should the purchased Product fail to be delivered, or should it be delivered after the delivery deadlines specified during the purchase procedure and in the Order Confirmation – except the cases of failure to deliver and/or delivery delays referable and attributable to, by way of example and not of limitation, the sanitary emergency due to COVID-19 pandemic, wars, natural disasters, etc… – , the User, pursuant to art. 61 of the Consumer Code, shall prompt La Marzocco to carry out the delivery within an appropriate additional term (hereinafter referred to as the “Additional Term pursuant to art. 61, paragraph III of the Consumer Code”). Should the additional term in question expire with no Product delivery having been made, the User is entitled to terminate the Purchase Contract (hereinafter referred to as the “Contract Termination pursuant to art. 61, paragraph III of the Consumer Code”), with no prejudice to his right to claim for a compensation, whose amount shall never exceed the Total Amount Due. The User shall not have any obligation to grant La Marzocco the Additional Term pursuant to art. 61, paragraph III of the Consumer Code (hereinafter referred to as the “Excluded Cases”) if:
- a) La Marzocco explicitly refused to deliver the Products;
- b) The observance of the term of delivery specified during the purchase procedure and in the Order Confirmation must be regarded as essential, taking into account all the circumstances related to the conclusion of the Purchase Contract;
- c) the User informed La Marzocco, before the conclusion of the Purchase Contract, that delivery within or on a given date is essential.
In the Excluded Cases, the User, if the Products are not received within the term of delivery specified during the purchase procedure and in the Order Confirmation, is entitled to terminate the Purchase Contract right away, with no prejudice to his right to claim for compensation (hereinafter referred to as the “Contract Termination in Excluded Cases”), whose amount shall never exceed the Total Amount Due.
The User shall notify La Marzocco of the Additional Term pursuant to art. 61, paragraph III of the Consumer Code and of the Contract Termination pursuant to art. 61, paragraph III of the Consumer Code or of the Contract Termination in Excluded Cases by a notice sent to the addresses specified in article 14 below.
In case of Contract Resolution pursuant to art. 61, paragraph III of the Consumer Code or of Termination in Excluded Cases, La Marzocco shall refund the Total Sum Due to the User with no undue delay. The sum shall be refunded as provided for by article 11.6 below, where applicable.
Should the User fail to set the Additional Term pursuant to art. 61, paragraph III of the Consumer Code or, the pre-conditions being met, to proceed with the Contract Termination pursuant to art. 61, paragraph III of the Consumer Code or with the Contract Termination in Excluded Cases, La Marzocco, with no prejudice to the right for the user to resort at any time to the remedies in question and/or to the ordinary rights of recourse provided for by the law, and in particular by Chapter XIV of Title II of Volume IV of the civil code, undertakes in any case to promptly inform the user by e-mail of the delay in the delivery (hereinafter referred to as the “Delay Notification E-mail”), while also specifying the new term of delivery (hereinafter referred to as the “New Term of Delivery”), if available.
10.9 The acceptance of the New Term of Delivery and the User choice shall be promptly communicated to La Marzocco by e-mail, to the address specified in article 14 below.
10.10 The User is responsible for verifying the conditions of the Product delivered to him. It being understood that the risk of Product loss or damage for reasons not attributable to La Marzocco is transferred to the User when the User, or a third party designated by the latter and other than the carrier, acquires physical possession of the Products, the User should verify the number of Products he received; he should also check that the packaging is intact, undamaged, dry, and anyway doesn’t show any signs of alteration, even to the material closing it (tape or metal strapping); should he find any anomalies, he should, in his own interest, point them out on the carrier’s transport document, accepting the package with reserve. Should he accept the Products with no reserves at their reception, in fact, the User shall no longer be entitled to bring legal action against the carrier, in case of Product loss or damage, except in case the loss or damage are due to intentionally wrongful or grossly negligent acts by the carrier and except in case the partial loss or damage cannot be recognised at delivery, provided that, in the latter case, the damage is reported as soon as it becomes known, and within 8 (eight) days of the reception. Should the package show any clear signs of tampering or alteration, in addition, the User should promptly notify the Customer Service. In any case, the provisions on the right of withdrawal and on the legal guarantee of conformity shall always apply.
10.11 Users who failed to collect a package more than twice for different orders are not allowed to make purchases on the Site. Should they place any orders in breach of the above provision, the Purchase Contract shall automatically be terminated pursuant to art. 1456 of the Italian Civil Code. The rescission of the Purchase Contract will be communicated to the User via e-mail.
11. Right of withdrawal from the purchase of Products
11.1 Pursuant to articles 52 and following of the Consumer Code, the consumer User (hereinafter also referred to as the “Consumer”) is entitled to withdraw from the Purchase Contract without having to specify any reason and without incurring any costs other than the ones provided for by articles 11.5, 11.6, 11.7 and 11.9 below, within 14 (fourteen) calendar days (hereinafter referred to as the “Withdrawal Period”). The Withdrawal Period expires after 14 (fourteen) days:
- a) when the order refers to a single Product, from the day on which the Consumer, or a third party other than the carrier designated by the Consumer, acquires physical possession of the Product;
- b) when the order refers to the delivery of multiple Products, from the day on which the Consumer, or a third party other than the carrier designated by the Consumer, acquires physical possession of the last Product;
- c) when the order refers to the delivery of a Product consisting of lots or multiple pieces, from the day on which the Consumer, or a third party other than the carrier designated by the Consumer, acquires physical possession of the last lot or piece.
11.2 In order to exercise his right of withdrawal, the Consumer must inform La Marzocco, before the expiry of the Withdrawal Period, of his decision to withdraw.
11.3 To this purpose the Consumer can:
(a) use the standard withdrawal form (hereinafter “Standard Withdrawal Form”) , made available on the Site before the conclusion of the Purchase Agreement, through the link “Withdrawal Right and Standard Withdrawal Form”, also accessible from the Product Page; or
(b) submit any other explicit declaration as to his decision to withdraw from the Purchase Contract (hereinafter referred to as the “Declaration of Withdrawal”).
11.4 The Consumer has exercised his right of withdrawal within the Withdrawal Period if the notice on the exercise of the right of withdrawal is sent by the Consumer before the expiry of the Withdrawal Period. Should the Consumer avail himself of the Declaration of Withdrawal, he should specify in the Declaration of Withdrawal the order number, the Product(s) for which he wishes to exercise the right of withdrawal and his address. It should be noted that, as it is the responsibility of the Consumer to provide evidence that the right of withdrawal was exercised before the expiry of the Withdrawal Period, it is in the interest of the Consumer to use non-volatile media when giving notice of his withdrawal. The Standard Withdrawal Form or the Withdrawal Declaration must be sent to the following address: firstname.lastname@example.org, or La Marzocco S.r.l. – Accademia del Caffè Espresso, 50014 – Pian di San Bartolo – Fiesole (FI), Via Bolognese, n. 68, Italy. Irrespective of the method chosen by the Consumer to exercise the right of withdrawal, La Marzocco shall send the Consumer an e-mail to confirm the reception of the withdrawal request.
11.5 The Consumer shall return the Products to La Marzocco, using a carrier of his own choice and at his own expense, without undue delay and in any case within 14 (fourteen) calendar days of the date on which he informed La Marzocco of his decision to withdraw. The term is met if the Consumer ships the Products back before the expiry of the 14 (fourteen) day period (hereinafter referred to as the “Deadline for Return”). The Product, properly protected and packaged, shall be shipped to the following address: La Marzocco S.r.l. – Accademia del Caffè Espresso, 50014 – Pian di San Bartolo – Fiesole (FI), Via Bolognese, n. 68, Italy. The direct costs incurred for returning the Products to La Marzocco shall be paid by the Consumer. The standard instructions on withdrawal, containing information on the exercise of the right of withdrawal from the Product Purchase Contract, are made available to the Consumer on the Site before the conclusion of the Purchase Contract, through the link “Right of Withdrawal and Standard Withdrawal Form”, which can also be accessed from the Product Page and is attached to the Order Confirmation. The Product shall be returned to La Marzocco under the responsibility and at the expense of the Consumer.
11.6 If the Consumer withdraws from the Purchase Contract, La Marzocco shall refund the Total Sum Due paid by the Consumer for the Product, including the delivery costs, including the additional ones arising from the choice by the Consumer of a delivery method other than standard delivery (the least expensive option) offered by La Marzocco, without undue delay and in any case within 14 (fourteen) calendar days of the date on which La Marzocco was informed of the decision by the Consumer to withdraw from the Purchase Contract. The refund shall be carried out through the same means of payment used by the Consumer, unless otherwise explicitly agreed upon by the Consumer. If needed, La Marzocco shall request that the Consumer provide the banking details required to proceed with the refund. In any case, the Consumer shall incur no cost as a consequence of the refund in question. In case the Consumer returned the Products using a carrier at his own expenses and of his own choice, following the procedure described in article 11.5 above, La Marzocco shall be entitled to suspend the refund until it has received the Products, or until the Consumer has provided evidence of the Product shipping, if prior.
11.7 The Consumer is only responsible for the decrease in the Product value resulting from Product handling other than the handling required to determine the Product nature, characteristics, and operation. The Product, anyway, shall be stored, handled, and inspected with due diligence and returned intact, complete with all its components, in good working order, complete with all the accessories and the package leaflets, with the identification tags, the labels and the single-use seal, if any, still attached to the Product, intact and unaltered, as well as perfectly suitable for the intended use and without any signs of wearing and dirt. The withdrawal, in addition, applies to the Product as a whole. As a consequence, it cannot be exercised for any Product parts and/or accessories. Should the package include the Product’s serial number, it shall be regarded as a part of the Product; as a consequence, the Product shall be returned in its original package, which shall be placed into an additional packaging, as no label or strap can be attached to the original one.
11.8 Should the withdrawal fail to be exercised in compliance with the provisions contained in the applicable regulations, it shall not result in the termination of the Purchase Contract, and as a consequence the Consumer shall not be entitled to any refund. La Marzocco shall inform the Consumer, by e-mail, within 5 (five) working days of receiving the Product, rejecting the withdrawal request. The product will remain at Marzocco S.r.l. – Accademia del Caffè Espresso, 50014 – Pian di San Bartolo – Fiesole (FI), Via Bolognese, n. 68, Italy, at the disposal of the Consumer for collection, which must take place at the expense and under the responsibility of the Consumer.
11.9 Should the value of Product for which the right of withdrawal was exercised have decreased as a consequence of Product handling other than the handling required to determine the Product nature, characteristics and operation, the refunded sum shall be decreased by an amount corresponding to the value decrease in question. La Marzocco shall inform the Consumer of the event and of the subsequent decrease in the Product value, by e-mail, within 5 (five) working days of receiving the Product, providing him, in case the refund has already been paid, with the banking details required for the payment of the sum due by the Consumer as a consequence of the decrease in the Product value.
11.10 Should the right of withdrawal fail to be applicable, in any of the cases provided for by the law, the exclusion in question shall be specifically and explicitly pointed out in the Product Page and, in any case, during the purchase procedure, before the Consumer proceeds to submit the Order Form.
12. Legal Guarantee of conformity
12.1 All the Products sold on the Site are covered by the legal guarantee of conformity provided for by articles 128-135 of the Consumer Code (hereinafter referred to as the “Legal Guarantee”).
12.2 The Legal Guarantee is reserved for Consumers. As a consequence it only applies to the Users who made the purchase on the Site for purposes that are not related to their activity as an entrepreneur, trader, craftsman or professional. Persons who made the purchase on the site and who are not consumers shall be entitled to the warranties for defects, to the warranty for the lack of promised essential qualities and to the other warranties provided for by the civil code, with the relevant terms, forfeitures and limitations.
12.3 With reference to the purchase of the Products, La Marzocco is responsible towards the Consumer for any non-conformity existing at Product delivery and that should appear within 2 (two) years of the delivery. The non-conformity must be reported to La Marzocco, under penalty of warranty forfeiture, within 2 (two) months of the date on which it was found. Unless there is evidence to the contrary, the non-conformities that appear within 6 (six) months of the delivery of the Products are assumed to already exist on the date in question, unless this assumption is incompatible with the nature of the Product or of the non-conformity. Starting from the seventh month after the delivery of the Product, instead, it shall be the responsibility of the Consumer to provide evidence as to the fact that the non-conformity already existed at Product delivery.
12.4 In order to avail himself of the Legal Guarantee, therefore, the Consumer shall first have to provide evidence of the purchase date and of the Product delivery. As a consequence, in order to be able to provide the evidence in question, the Consumer should keep the Order Confirmation or the purchase invoice, as well as the carriage document or any other document suitable to certify the date of purchase and the date of delivery (e.g. the statement of account of the credit card).
12.5 A non-conformity occurs when the purchased Product:
- is not suitable for the use products of the same kind are typically used for;
- does not match the description provided by La Marzocco and doesn’t have the qualities of the Product La Marzocco showed to the Consumer as a standard or model;
- does not have the qualities and performances that are typical for a product of the same kind, that the Consumer can reasonably expect, also taking into account the declarations made in the advertising or in labels;
- is not suitable for the specific use intended by the Consumer, provided La Marzocco was informed of it when the Purchase Contract was concluded, and agreed.
12.6 The Legal Guarantee, therefore, does not apply to any failures or malfunctions caused by accidental events or by responsibilities of the Consumer, or by a Product use not suitable for its intended use and/or which does not comply with the provisions contained in the technical documents annexed to the Product.
12.7 If the non-conformity was duly reported within the set terms, the Consumer is entitled:
– primarily, to the repair or free replacement of the Product, at his choice, unless the requested remedy is objectively impossible or too expensive with respect to the other;
– secondarily (i.e. in case the repair or replacement are impossible or too expensive, or in case the repair or replacement were not carried out within suitable terms, or in case any previous repair or replacement caused great inconveniences to the Consumer) to a discount on the Price or to the termination of the Purchase Contract, at his choice.
The requested remedy is too expensive if it causes La Marzocco to incur unreasonable expenses compared with the alternative remedies available, taking into account (i) the value the Product would have in the absence of the non-conformity; (ii) the seriousness of the non-conformity; (iii) the possibility that the alternative remedy can be implemented without great inconveniences to the Consumer.
12.8 Should a Product, during the period of validity of the Legal Guarantee, show a possible non-conformity, the Consumer shall contact the Customer Service, referring to the details specified in article 14 below. La Marzocco shall promptly acknowledge the notification of the alleged non-conformity and shall inform the Consumer of the specific procedure he will have to follow, even taking into account the commodity category the Product belongs to and/or the reported defect. It is understood that La Marzocco is responsible for the application of the Legal Guarantee with reference to the Products. La Marzocco, instead, is not responsible for the application of the Legal Guarantee with reference to the products sold by Third-party Sellers.
12.9 In any case, the competent service centre shall perform the checks required to determine whether the claimed non-conformity actually exists or not. Should the defect actually exist, if the Consumer has chosen, between the available remedies, the repair, the competent service centre shall proceed to the repair. If the Consumer has opted for the replacement, instead, and it is not too expensive for La Marzocco or objectively impossible compared with the repair, La Marzocco shall replace the Product. Should the competent service centre determine that the non-conformity actually exists, any repair/replacement expenses and the costs for the transport to the competent service centre shall be paid by La Marzocco. Should the competent service centre determine that the non-conformity actually does not exist, the Legal Guarantee shall not be applicable; as a consequence, the carriage expenses and any repair or replacement expenses shall be paid by the Consumer. La Marzocco shall inform the Consumer of the event and of any costs he should pay for the repair or replacement. La Marzocco reserves the right to send to the Consumer the quotation issued by the competent service centre, to allow the Consumer to decide whether to have the Product repaired or replaced at his own expense. The Consumer shall authorise the repair or the replacement at his own expense in writing. The acceptance in question shall result in the establishment of a direct relationship between the competent service centre and the Consumer, in which La Marzocco shall play no role and for which it will have no responsibility.
12.10 In any case, the repair or replacement of the defective Products, if due, shall be carried out as soon as possible and anyway, except in exceptional cases or in cases of force majeure, within 60 (sixty) calendar days of the date on which La Marzocco received the defective Product. Should the initially chosen replacement or repair fail to be carried out within the term in question, the Consumer shall be entitled to request one of the alternative remedies provided for by the Legal Guarantee (replacement, in case the repair was requested; repair, in case replacement was requested; discount or Purchase Contract termination).
12.11 La Marzocco reserves the right to request that the Consumer attach to the Legal Guarantee request the invoice associated with the order.
13. Conventional Guarantee by the manufacturer
13.1 The Products sold on the Site can, depending on their nature, be covered by a conventional guarantee issued by the manufacturer (hereinafter referred to as the “Conventional Guarantee”). Whenever the Conventional Guarantee is provided for, the User can request the application of the guarantee in question only in relation to the manufacturer. The duration, the scope, even geographical, the condition and the application methods, the type of damages/defects covered and any limitations of the Conventional Guarantee depend on each individual manufacturer and are specified in the so-called guarantee certificate included in the Product package.
The Conventional Guarantee is voluntary and does not complement, does not replace, does not limit and does not prejudice the Legal Guarantee.
14. Customer Service and Complaints
14.1 It is possible to request information, send communications or submit complaints by contacting the customer service of La Marzocco S.r.l. – Accademia del Caffè Espresso (hereinafter “Customer Service”) with the following modes:
– by e-mail, to the address email@example.com;
– by telephone, calling +39 055 8491999;
– by mail, writing to La Marzocco S.r.l. – Accademia del Caffè Espresso, 50014 – Pian di San Bartolo – Fiesole (FI), Via Bolognese, n. 68, Italy;
– through the Site, by accessing the “Contacts” section.
15.1 The contents of these General Conditions of Sale must never be used in breach of the applicable laws and regulations currently in force.
15.2 Should one or more clauses of these General Conditions of Sale conflict with any mandatory law provisions currently in force, the clauses in question shall be limited or deleted to the minimum necessary extent and replaced with a valid clause, even pursuant to art. 1339 of the c.c.
16. Governing Law – Out-of-court dispute resolution – “Alternative Dispute Resolution/Online Dispute Resolution”
16.1 The Purchase Contract concluded on the Site is subject to the Italian law.
16.2 It is understood that consumer Users who do not habitually reside in Italy shall be entitled to the application of any more favourable mandatory provisions contained in the laws of the country where they habitually reside, with particular reference to the term for the exercise of the right of withdrawal, to the term for Product return, in case the right in question were to be exercised, to the procedure and to the formality of the relevant notification and to the legal guarantee of conformity.
16.3 Should the User be regarded as a consumer, for any dispute related to the application, execution and interpretation of these General Conditions of Sale the competent court shall be that of the place where the User resides or has his address for service, if located in Italy. In all other cases the only competent court will be that of Milan.
16.4 Pursuant to art. 141-sexies, paragraph 3 of the Consumer Code, La Marzocco informs the consumer user, pursuant to art. 3, paragraph 1, letter a) of the Consumer Code, that, in case he filed a complaint directly with La Marzocco, following which the relevant dispute could not be settled, La Marzocco shall provide the required information about the Alternative Dispute Resolution body/bodies, for the out-of-court resolution of the disputes related to obligations arising from a contract concluded under these General Conditions of Sale (the so-called ADR bodies, as specified in articles 141-bis and following of the Consumer Code), specifying whether they wish to refer to the bodies in question to settle the dispute. La Marzocco also informs the consumer user, pursuant to art. 3, paragraph 1, letter a) of the Consumer Code, that Europe has established a platform for the on-line resolution of consumer disputes (the so-called ODR platform). The ODR platform can be accessed at the following address //ec.europa.eu/consumers/odr/; the ODR platform allows the consumer user to display the list of the ADR bodies, to find a link to the website of each of them and to start a procedure for the on-line resolution of the dispute in which he is involved. In any case it is understood that the consumer user shall still have the right to bring legal action before the ordinary judge who is competent for the dispute arising from these General Conditions of Sale, irrespective of the outcome of the out-of-court resolution proceedings, as well as the right, provided the relevant pre-conditions are met, to initiate an out-of-court resolution of the disputes related to consumer relations, by resorting to the proceedings provided for by Part V, Title II-bis of the Consumer Code. Users residing in an European Union member state other than Italy can also access, for every dispute related to the application, execution and interpretation of the General Conditions of Sale, the European proceeding for low-value disputes established by (EC) Regulation no. 861/2007 of the Council, of July 11, 2007, provided the value of the dispute, excluding interests, duties and expenses, does not exceed Euro 2,000.00. The text of the regulation can be found on the site www.eur-lex.europa.eu.