Purchases on Website
Terms of Sale, as set out below, regulate the sale of products on the website https://italycoffee.shop/ (the “Website”), which is also accessible via other domain names.
The seller of the products sold through the Website is TAKEOFF GbmH, Gotthardstrasse 26
6300 Zug, Switzerland, VAT code CHE-311.602.713 VAT (hereinafter “TAKEOFF GbmH”).
Purchasing on the Website is reserved exclusively for clients of legal age who have the capacity to conclude binding contracts under the applicable laws (the “Clients”).
By making purchases on the Website, the Client expressly and unconditionally accepts the Terms of Sale.
Any subsequent modifications of the Terms of Sale shall enter into effect from the date of publication on the Website and shall solely concern such purchases on the Website as are completed after said date of publication.
Online procedure
Purchase orders for products on the Website (“Order”) are placed according to the following online purchase procedure:
- The Client searches for the certain product(s) of interest at the website. The details about the product(s) can be found in the product sheet published on the Website;
- The Client selects the product (s) of interest and adds it (them) to the shopping cart. At that stage, the Client can decide to continue shopping or proceed to checkout;
- Clients who have a specific coupon code can enter the code in the “Apply coupon” field (exactly as shown, without spaces). After that, clicking on “Update cart” should display the adjusted price;
- In order to finalise the purchase, the Client clicks on “Go to checkout”;
- At the checkout stage, the Client has an opportunity to either register at the Website or to sign in (for already registered clients);
- The Client then selects a payment method:
- Credit or debit card (Visa, Visa Electron, MasterCard etc.) or
- PayPal;
- Finally, the Client confirms the Order by clicking the appropriate button on the Website.
The personal information supplied by the Client during checkout must be accurate and up to date. TAKEOFF GbmH disclaims all liability for issuing incorrect tax documents due to inaccurate or incomplete data provided by the Client.
Upon receiving the Order, TAKEOFF GbmH will send the Client an email to the email address stated by the Client. This e-mail by no means constitutes a confirmation of acceptance of the Order on the part of TAKEOFF GbmH.
In fact, TAKEOFF GbmH reserves the right to accept or reject, at its own discretion, the Client’s request to purchase products on the Website. TAKEOFF GbmH may reject an Order, for example, in case of unavailability of products, for the suspected fraudulent nature of an Order, impossibility of delivering the products to the selected location, etc.
The Order is not deemed to be accepted until the Client receives the confirmation of acceptance of the Order (“Order Confirmation”), which generally coincides with the date of dispatch of the products ordered. Thus, the contract of sale for the products between TAKEOFF GbmH and the Client must not be considered perfected until such date.
For modification of an Order, the Client may contact the Seller by e-mail at mokarabia.shop@gmail.com. Notwithstanding the foregoing, the Order can no longer be cancelled or modified once it has been indicated on the Website as “In preparation for shipping”.
Prices of the products
The selling prices of the products displayed on the Website are denominated in Euro and include VAT.
The shipping fees are calculated and displayed to the Client in the checkout phase.
For deliveries to non-EU countries sent “delivery duty unpaid”, the postal service may require the Client to pay further amounts for taxes and import duties.
TAKEOFF GbmH is not able to determine the amount of such import charges in advance or to provide the Client with any advice in that respect.
Any changes in the prices of the products will enter into effect on the date of publication of the new prices on the Website, with no retroactive effects on the Orders already accepted by sending the Order Confirmation.
TAKEOFF GbmH reserves the right not to accept an Order because the product prices are incorrect, including in the Order displayed on the Website or indicated in the email sent to confirm receipt of the Order.
Availability of products
TAKEOFF GbmH guarantees timely and punctual preparation of the Orders.
If an Order includes a quantity of products greater than the available inventory, TAKEOFF GbmH shall promptly inform the Client of the shortage by e-mail and/or by telephone, notifying the Client of any waiting time necessary to obtain the product and asking the Client whether he intends to confirm/modify/cancel the Order.
An Order can be sent in several packages of logistical reasons. The Client is requested to check his email box for messages in which TAKEOFF GbmH declared that one or more items would be sent separately. In case of presumed discrepancies between the amount ordered and the amount received, the Client may contact Customer Service by sending an e-mail to mokarabia.shop@gmail.com.
Note that the images of oenological products (e.g., wine, etc.) are posted merely by way of example. Unless the availability of a specific year is expressly guaranteed on the product information sheet, TAKEOFF GbmH cannot guarantee to the Client the delivery of the year stated on the image of the product which, as mentioned above, is posted on the Website merely by way of example.
Methods of payment
TAKEOFF GbmH accepts payment for Orders through the following methods of payment:
- Debit and credit cards (belonging to the Visa, Visa Electron, Mastercard);
- PayPal;
TAKEOFF GbmH neither possesses nor processes in any way data related to the methods of payment chosen by the Client.
Please note that in case a credit/debit card is used, the credit/debit card information is managed directly by banking institutions and/or companies specialising in payment management, by the means that are entirely secure for the Client.
If it is suspected that a payment method is being used in a problematic and/or irregular manner, TAKEOFF GbmH may verify that the payment method in question is used in a legitimate and proper manner. If irregularities are found, TAKEOFF GbmH will not continue processing the Order and will inform the Client thereof.
In case an Order is cancelled or withdrawn or any in any other case involving a price refund to the Client, the reimbursement can only be made using the payment method that was used to complete the Order.
Deliveries
TAKEOFF GbmH shall provide for delivery of the Order via a first-rate courier service.
The delivery time for the Order may vary from a minimum of 6 (six) days to a maximum of 8 (eight) business days after the date of dispatch of the Order Confirmation to the Client. The estimated delivery time shall also be stated on the Order Confirmation.
To provide the Client more complete and dedicated service, under certain circumstances TAKEOFF GbmH may, with the Client’s consent, allow the forwarding agent to contact the Client to arrange for a delivery date more convenient to the Client. If the Client supplies his own telephone number, the forwarding agent that offers such a service shall contact the Client directly from the appropriate subsidiary upon arrival of the package intended for delivery.
Any Client desiring to make use of said service, where available, is asked to specify his own telephone number in the checkout phase, in which case the shipping times will depend on the agreements between the Client and forwarding agent. Otherwise, the shipping times shall be as indicated above.
If unable to deliver the Order within the above-specified times, TAKEOFF GbmH shall give the Client timely notice thereof by e-mail and/or telephone, indicating the time required to complete the Order.
The Order Confirmation contains the “tracking number”, which allows the Client to track the delivery of the Products on the forwarding agent’s website.
The Client is asked to undertake to facilitate the delivery of the Order by making himself available to take delivery of the Order or by delegating that task to third parties.
If the forwarding agent does not succeed in delivering the Order, Customer Service shall contact the Client to check whether he is interested in another shipping.
TAKEOFF GbmH cannot be held liable for any delays that are not attributable to its own faults or negligence. For example, TAKEOFF GbmH shall be considered exempt from any liability for delays resulting from customs procedures, strikes, natural disasters, force majeure or any other circumstance beyond its control.
At the time of delivery of the Order, the Client shall check for the right number of packages and the integrity of the outer packing.
If the Client finds any irregularities in the delivery, for example regarding the number of packages or damage to the outer packing, the Client shall sign the delivery documents with reservations and contact Customer Service. If the Client deviates from said procedure, the Client may not raise any objections to the delivery, without prejudice to such objections as are provided by law in case of hidden defects and according to the applicable customer protection laws and regulations.
Limitation of liability
TAKEOFF GbmH shall be exempt from all liability if the Order is not delivered within the contractual time limits due to service failures attributable to unforeseen circumstances or force majeure events.
Moreover, TAKEOFF GbmH shall not be held liable for such service failures or malfunctions as:
- Are connected with the use Website and beyond the control of TAKEOFF GbmH and of the employees and/or suppliers thereof;
- Are not reasonably foreseeable; and could not be prevented through ordinary due diligence.
All contractual or extra contractual liability shall be excluded for direct or indirect personal injury and/or property damage caused by TAKEOFF GbmH’s refusal to accept all or part of any Order.
TAKEOFF GbmH shall not be held liable for any fraudulent and illegitimate use by third parties of the methods di payment used for an Order providing that it demonstrates having taken all ordinary precautions to avoid such circumstances.
Guarantee of conformity
TAKEOFF GbmH guarantees the Client that the products sold are not defective and fully comply with all the provisions of the contract of sale.
TAKEOFF GbmH undertakes to ensure that the products:
– correspond with the description given on the Website and have the qualities of the products that TAKEOFF GbmH has presented to the Client as a sample or model;
– are fit for the purpose for which products of the same type are normally used;
– have the usual quality and efficacy that the Client may reasonably expect of a product of the same type, taking the nature of the product into account.
For technological reasons, TAKEOFF GbmH cannot guarantee that the display of colours on the screen is always accurate.
Marginal differences between the description of a product on the Website and the actual characteristics of the product shall not be considered a cause of non-conformity of the product.
The guarantee of conformity of the products sold on the Website shall remain in effect for a period of 2 (two) years after the date of receipt of the products by the Client.
In case of delivery of a non-conforming product, the Client may demand that the products be brought into conformity, at no extra charge, through repair or replacement or else, if it is impossible to do so, the Client shall be entitled to an appropriate reduction of the purchase price or to a refund of the purchase price and of the shipping fees (if actually incurred).
The Client shall notify TAKEOFF GbmH of any non-conformity of the products within a period of 2 (two) months after the date of detection of the non-conformity by sending an e-mail to mokarabia.shop@gmail.com or a registered letter to TAKEOFF GbmH, Gotthardstrasse 26 6300 Zug, Switzerland, VAT code CHE-311.602.713 VAT.
After receiving the notification from the Client, TAKEOFF GbmH shall contact the Client to agree with the Client directly on the procedure for withdrawal of the products.
The mere receipt of the products by TAKEOFF GbmH after the present procedure has been initiated by no means constitutes an acknowledgement of any non-conformity of the products, since careful verification by TAKEOFF GbmH is required to that purpose.
The limitation period on the assertion of claims based on hidden defects, in any case, is 26 (twenty-six) months after delivery of the Product.
Before authorizing any returns and/or exchanges, TAKEOFF GbmH reserves the right to require the Client to provide photographic reproductions of the products claimed to be defective and/or damaged.
If the products are non-conforming, the necessary transportation costs for the return of the non-conforming products shall be charged entirely to TAKEOFF GbmH.
Right of cancellation
The Client is entitled to cancel the present Terms of Sale within 14 (fourteen) days after the date of delivery of the products. Without prejudice to the causes of exclusion indicated above, and to the extent permitted by law, the Client may, in fact, return the products without providing any justification or incurring any penalty whatsoever.
If the Client decides to exercise the right of cancellation, the Client shall notify TAKEOFF GbmH of that decision according to the instructions provided by TAKEOFF GbmH.
The Client shall be responsible for ensuring the return transportation of the products to TAKEOFF GbmH. If the transport is arranged by the Client, then the right of cancellation shall be forfeited if the products to be returned are lost or stolen during transport to the warehouses of TAKEOFF GbmH.
The Client shall deliver the products, without undue delay, to the forwarding agent for return, in any case within fourteen days after the Client notified TAKEOFF GbmH, in the prescribed manner, of the Client’s decision to cancel the contract.
If the Client makes use of the right of cancellation, the Client shall give TAKEOFF GbmH prior notice thereof by sending an e-mail to mokarabia.shop@gmail.com.
Client’s returns should be sent to the following address:
ONE COFFEE INDUSTRIES SRL
VIALE FORLANINI 71/A – WAREHOUSE
20024 GARBAGNATE MILANESE (MI)
TEL. +39 0293571425
After the Client’s legitimate exercise of the right of cancellation, TAKEOFF GbmH shall proceed to reimburse the Client for the purchase price of the products and initial delivery fees, but not for the shipping fees for the return of the products.
TAKEOFF GbmH shall proceed to reimburse the Client without undue delay, at the latest within 14 (fourteen) days after the date of delivery of the returned products to TAKEOFF GbmH or else within 14 (fourteen) days after the date on which the Client provides TAKEOFF GbmH with suitable proof that all the products involved in the cancellation have been shipped, whichever date comes first.
The price of the Order shall be reimbursed through the same payment method as was used by the Client for the purchase.
In any case, the Client shall return the entire product in its original packing and, in any case, not opened or used.
The Client hereby acknowledges that the right of cancellation cannot be exercised if the products supplied are:
- products that are made to order or clearly customized;
- products at risk of rapid deterioration or expiry;
- sealed products that are unsuitable for return for reasons of hygiene or health protection or because they have been opened after delivery;
- products that, after delivery, are, by nature, inseparably mixed with other products;
If, in the course of verifying the legitimacy of the cancellation, TAKEOFF GbmH ascertains that the Client’s right of cancellation has been forfeited, TAKEOFF GbmH shall return the product to the Client only if the Client agrees to assume the related shipping fees.
TAKEOFF GbmH’s mere acceptance of products returned for the purpose of checking the condition of the same products by no means constitutes an acknowledgement of the legitimacy of the Client’s exercise of the right of cancellation.
Communications
For all communications, suggestions and/or complaints addressed to TAKEOFF GbmH, the Client may:
send an email to mokarabia.shop@gmail.com
send a registered letter to TAKEOFF GbmH, Gotthardstrasse 26, 6300 Zug, Switzerland, VAT code CHE-311.602.713.
Complaints and disputes
In case of challenges, complaints and/or disputes concerning the execution of an Order or the application of the Terms of Sale, TAKEOFF GbmH undertakes to make every possible effort to accommodate the Client’s legitimate and reasonable demands.
In any case, the foregoing shall be without prejudice to the Client’s right to make use of the European Online Dispute Resolution platform available at:
https://ec.europa.eu/consumers/odr/main/?event=main.home2.show
