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General Terms and Conditions of Sales – Online Shop

 

®EPOCA CAFFÈ IS A REGISTERED TRADEMARK OF GIOVANNI PADULA SÀRL.

 

1. USE OF THE GENERAL TERMS AND CONDITIONS OF SALES

®EPOCA Caffè is a registered trademark of Giovanni Padula Sàrl

All orders placed, via internet, to Giovanni Padula Sàrl or a company associated with it (« EPOCA ») are ruled by the General Terms and Conditions of Sales described here; they are applied to the exclusion of any other conditions. In placing an order you acknowledge that you have read and understood these General Terms and Conditions of Sales and that you accept them without reservation.

Giovanni Padula Sàrl reserves the right to modify these General Terms and Conditions of Sales by publishing a new version on this website at any time.

Every order placed after the publication of a new version of the General Terms and Conditions of Sales by Giovanni Padula Sàrl shall be valid as acceptance of this new version.

2. REGISTRATION AND PASSWORD

A) While registering yourself on this website you must ascertain the accuracy and completeness of the mandatory data inserted by you.

Please inform Giovanni Padula Sàrl of changes in your address and other details by promptly updating your personal data on this website.

B) At your registration you need to choose a password to be able to use this website. This password is strictly confidential and must not be made accessible to any third party. You are taking on yourself the full responsibility for the use of your password and of all orders placed with the use of this password as well as of your login credentials, even if this occurs without your knowledge. In no case can Giovanni Padula Sàrl be made responsible for any abusive use of your account. Accordingly, no reimbursement or taking back of goods will be accepted in such a case.

3. ORDERS

When you place an order on our website you commit to buying the products selected by you according to the General Terms and Conditions of Sales as outlined here. Giovanni Padula Sàrl offers its products for sale on this website, within the scope of its available inventories.

4. ORDER CONFIRMATION

No binding agreement of sale is activated as long as the receipt of an order via internet has not been confirmed in writing by an e-mail from Giovanni Padula Sàrl. Giovanni Padula Sàrl reserves the right to not accept an order, particularly in cases of unpaid bills or insolvency of the ordering party.

The data recorded at Giovanni Padula Sàrl constitute an irrefutable proof of an order or of a transaction. The statements recorded by the payment system constitute an irrefutable proof of the financial transactions.

5. PRICES

All prices are understood to be per article and in Swiss Francs (CHF), including VAT but without delivery costs. Changes of prices or temporarily limited special prices are possible at any time and do not require a prior notice. Giovanni Padula Sàrl reserves the right to modify its prices and delivery costs at any time, and to cancel any contract containing inaccurate details or wording, misprint or miscalculation.

6. PAYMENT CONDITIONS

The customers of the Giovanni Padula Sàrl Online Boutique can safely pay their invoices as follows :

– PostFinance Card, PostFinance debit card

– credit cards
or via
– bank transfer (e-bill with inpayment slip/IBAN)

The orders are shipped only after receipt of the corresponding payments. Likewise no order is delivered without confirmation that the payment has been approved or executed.

7. DELIVERY

The deliveries are carried out by the Swiss Post (Die Schweizerische Post).

The delivery costs are charged, in addition to the value of the order, on the invoice – according to the following delivery terms. Starting from an order value of CHF 100.- the deliveries are carried out free of charge (gratis).

Delivery terms :

CHF 9.- for an order value from 0.- to CHF 59.99

CHF 7.- for an order value of at least CHF 60.-

Free of charge for any order value of at least CHF 100.-

8. DEADLINES FOR DELIVERY AND DISTRIBUTION

Our delivery conditions are those of the Swiss Post (Die Schweizerische Post). They are valid for Switzerland and the principality of Liechtenstein. Subject to availability, Giovanni Padula Sàrl endeavors to ship its standard deliveries within one (1) to three (3) working days upon order confirmation. In no case can Giovanni Padula Sàrl be made responsible for possible delays or mishaps attributable to one of its partner companies. The shipment of all products available in our stocks is carried out on the working day that follows the order confirmation.

9. ADDRESSES FOR DELILVERY AND DISTRIBUTION

All orders confirmed by Giovanni Padula Sàrl are delivered to the address as stated on the order. The delivery address can differ from the invoice address. Both addresses can be modified by you in your account or while ordering at any time.

10. INSPECTION OF GOODS AND TRANSFER OF RISK

On arrival of the ordered goods you as the customer are responsible for checking the quantity and the quality of the received goods. If you notice that the goods are damaged or that the quantity does not match the ordered amount of goods you need to immediately report your observations and to submit a claim to the shipping company (Die Schweizerische Post) within 7 days from delivery, and also inform Giovanni Padula Sàrl of this fact. Giovanni Padula Sàrl will then replace the missing or damaged goods by equivalent goods. Every risk of loss or damage is transferred to you as soon as you accept the delivery or as soon as another person accepts the handover on your behalf.

11. RETURNS

You can return goods that do not meet your expectations, within 14 days from delivery of your order. Giovanni Padula Sàrl only accepts unused goods in flawless condition, in their unopened original packaging, accompanied by their invoice. If the goods have been returned according to the terms as described here, Giovanni Padula Sàrl will reimburse the price of the returned goods and the invoiced shipping costs, within a period of no more than 30 days from receipt of the returned goods. The shipping costs for your returning goods to us are at your expense.

12. WARRANTY OF QUALITY

The quality guarantee of EPOCA Caffè® warrants a coffee of impeccable quality or the replacement of your goods if deficiencies would be detected despite of our numerous quality controls. In this case you can return the faulty product after having informed, in writing, Giovanni Padula Sàrl, chemin de la Colice 4, 1023 Crissier, about the complaint or objection. In any case you should wait for the written agreement from Giovanni Padula Sàrl before undertaking to return goods.

13. CONDITIONS OF WARRANTY FOR THE COFFEE MACHINES

The coffee machines purchased on this website are guaranteed by their manufacturers according to the specific clauses and conditions stated in their original product documents. Please read the product documentation supplied with your machine for further information about the relevant producer guarantee. All other claims are excluded. The guarantee does not cover damages caused by normal use and wear, improper operating or use, damage by the owner or a third party, or by external impacts (e. g. lime deposits on heater elements). Please carefully safeguard your manufacturer’s certificate of guarantee and your proof of purchase (receipt, invoice). Claims are not accepted without these documents. Possible shipping costs are usually at customer expense.

14. INFORMATION

For further questions, comments or to receive information please contact us directly via e-mail : info@EPOCA-caffe.com, or letter : Giovanni Padula Sàrl, chemin de la Colice 4, 1023 Crissier.

15. ACCESS TO THE WEBSITE

Access and use of this website are for your personal use only. Without our explicit permission you are not authorized to use this website or its content at large for commercial, editorial or promotional purposes, or for any other activity that could potentially cause disadvantage or harm to us or others. Infringement and non-compliance will be prosecuted to obtain compensations and sanctions.

16. LIMITATION OF LIABILITY

We are committed to offer the best possible quality of service to you, according to our fundamental principles and values. We can however not be made liable for late deliveries of the ordered articles or for delivery of these articles delayed by our transport partner, the Swiss Post (Die Schweizerische Post). In spite of our vigilance and diligence in the selection of the partners with whom we collaborate to let you benefit from our services it is not possible for us to warrant an absolutely failure-free functioning of our website and its various sections. The pictures and texts illustrating and describing the products on this website are non-contractual and are displayed only for the purpose of information.

Giovanni Padula Sàrl is not liable for errors or omissions in pictures or texts shown on this website. Giovanni Padula Sàrl declines any liability for direct or indirect damages that could result from the access or use of this website, or from using individual sections of it. Furthermore we decline any responsibility for damages that could result from a lack of access to this site or from an inability to use it. Moreover, Giovanni Padula Sàrl is also not liable for risks that may occur while installing software for use on the website, or for any harm that could arise from transmission errors, technical defects and overload or interruption of the communication paths.

IN NO CASE CAN Giovanni Padula Sàrl BE MADE LIABLE FOR INDIRECT DAMAGES, INCIDENTAL DAMAGES OR CONSEQUENTIAL DAMAGES OF ANY KIND WHICH COULD RESULT IN CONNECTION WITH ITS PRODUCTS, THEIR USES, THEIR SALES, OR WITH THIS WEBSITE (EVEN IF THE OCCURRENCE OF SUCH DAMAGE WAS KNOWN OR COULD HAVE BEEN KNOWN TO Giovanni Padula Sàrl).

17. PROTECTION OF PERSONAL DATA

We commit to treating your personal data in strictly confidential manner, to protect them and to use them only within the scope of your orders and inquiries, and for improving the services offered on our website, or to inform you about extensions or developments of our website. Of course you can exercise your right to access, correct or object via your account at any time or you can send us an e-mail to that purpose.

18. FORCE MAJEURE

Giovanni Padula Sàrl will always do its utmost to fulfill its obligations but cannot be made liable for delayed or missed deliveries due to ‘acts of god’ (force majeure) such as strikes, wars, natural disasters or other events of any kind that render the production, the transportation or the delivery of the products impossible. If delays occur, Giovanni Padula Sàrl will meet its obligations as soon as possible and reserves the right to distribute the products available in its stocks between its customers in an equitable way.

19. APPLICABLE LAW AND JURISDICTION

All clauses of these General Terms and Conditions of Sales, as well as all operations of purchasing and selling mentioned in them, are subject to the laws of Switzerland. The place of jurisdiction is the registered office of Giovanni Padula Sàrl, chemin de la Colice 4, 1023 Crissier.