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Terms and Conditions

1. GENERAL PROVISIONS

1.1 These general terms of sale (hereinafter “General Conditions”) shall apply to all sales of products (hereinafter “Products” or “Product”) bought through the Website www.trucillo.it (hereinafter “Website”).

1.2 The distance selling process described in these General Conditions of Sale is reserved only for consumers (hereinafter “Customer” or “Customers”), intended as any natural person who is acting for purposes other than a commercial, entrepreneurial or professional activity, in which he/she may be engaged;

1.3 The language available to conclude the contract is Italian.

1.4 The Customer is required to carefully read these General Conditions made available to him on the Website with appropriate procedures to allow the storage and the reproduction by the Customer.

1.5 Contracts with Cesare Trucillo S.p.a.  concluded via website, are governed by Italian law and in particular by Italian Legislative Decree No. 206 of September 6, 2005 (so-called Consumer Code), by Legislative Decree No. 70 of 9 April 2003 (hereinafter “E-commerce Decree”) and, where applicable, by R. D. 16.03.1942, n. 262 (hereinafter “Civil Code”).

1.6 Cesare Trucillo S.p.A. reserves the right to change General Provision of Sale evidencing such changes within this page of the Website. The General Provision of Sale applicable to a purchase will always be those in force when the order is made. Each change will be effective after its publication in the Website.

2. IDENTIFICATION OF THE SELLER

2.1 The seller is

Cesare Trucillo S.p.a. (hereinafter “Trucillo″)

Head Office: Via Cappello Vecchio, 4/a – 84131 Salerno

VAT Number: 00181880659

Rea Number: 125115

2.2 For information about contacts, please see the correspondent section of the Website.

3. PRODUCTS INFORMATION

3.1 Information on the products saleable at distance and their codes, are presented on the Website within each product sheet.

3.2 The images of the products may not be perfectly representative of its characteristics but differ from colours, sizes, accessories represented. All purchasing support information is to be understood as a simple general information material, not relevant to the actual features of a single product.

4. PRICE

4.1 The prices of the products must be understood to be inclusive of all taxes and duties except import duties and any other charges that may be imposed by the Custom of the country into which the goods are shipped.

4.2 All prices are given in Euros.

4.3 Shipping costs are charged to the customer, except for any promotions available on Shipping Cost page.

5. PRODUCT BOOKING

5.1 The essential features and prices of the Products are presented in the offer relating to each Product.

5.2 Orders received from minors will not be accepted.

5.3 To purchase products, the Customer must complete electronically the respective order form and send it to Trucillo. Registration with username and password is voluntary. If the customer does not wish to register with the site, he will still be able to complete the purchase: in this case only the data necessary to finalize the shipment and the invoice will be requested.

5.4 The Customer shall put the Product in the electronic cart, insert his/her personal data, insert shipping details and, after having read and accepted General Terms, with specific reference to shipping costs, procedures for the right to withdraw, Privacy Policy, he shall select the desired payment method and select “Confirm order”.

5.5 Before submitting the order the customer will have the opportunity to correct any errors in the data entered according to the specific amendment process contained in the Website. In particular the Customer may change the quantity and the category of Products, by adding or deleting the Products already inserted in the electronic cart.

5.6 By submitting the Purchase Order, the Customer acknowledges and declares to have read all the information provided during the purchase procedure and to accept the General Conditions in full.

5.7 Trucillo reserves the right to evaluate the acceptance of orders received. Trucillo will notify the Customer of the impossibility of accepting orders received within 30 days from the day following that on which the Customer has sent the order to Trucillo and will refund any sums already paid by the Customer for the payment of the supply.

5.8 No contract is to be considered concluded between Trucillo and the Customer if Trucillo has reasonable grounds to believe that the Customer does not operate on the basis of an effective and genuine interest in the purchase of the products ordered. In such cases, the order submitted by the Customer must be considered as having no effect. Trucillo will send to the Customer, by e-mail, a communication certifying the non-conclusion of the Contract, also taking care of the cancellation of any charge and / or expense charged to the Customer.

6. METHODS OF PAYMENT

6.1 The Customer can pay the price of the Products and the related delivery costs by Credit Card, Pay Pal.

6.2 Payments made with the major credit cards are accepted, including: Visa, MasterCard e American Express.

6.3 The transaction will be charged to the customer’s credit card only after: a) the credit card details have been verified (on secure server directly from the Bank, Trucillo does not have direct access to any of your data) b) the debit authorization has been received from the company issuing the credit card used by the Customer and c) the availability of the Product has been confirmed by Trucillo.

6.4 In the event that, for any reason, the debit of the amounts due by the Customer proves impossible, the sales process is automatically annulled, and the sale automatically cancelled.

7. CONFIRMATION OF RECEIPT OF THE ORDER

7.1 Upon receipt of the order Trucillo will send  by e-mail, the confirmation of receipt, containing a summary of the purchase order,  of the essential characteristics of the product ordered , its price, the amount paid, the existence of the right of withdrawal – with an indication of the times and methods for returning the goods – of the geographical address to present any complaints and information on assistance services and existing commercial guarantees.

7.2 Following the receipt of an order, Trucillo will check the availability of the product ordered and the existence of other conditions for the sale and, only after this check will communicate the acceptance of an order and the shipment of the product.

7.3 Where Trucillo is not able to process a Purchase Order, the customer will be promptly informed.

7.4 It is excluded any right of the Customer to damages or compensation, and any contractual or extra contractual liability for direct or indirect damages to persons or property, caused by lack of acceptance, even partial, of an order.

8. SHIPPING AND DELIVERY

8.1 The products purchased through the Website 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 a physical person of his choice. No deliveries will be made to PO boxes.

8.2 For each order placed on the Site, Trucillo issues an invoice for the goods shipped, sending it with the packet or by e-mail. For the issue of the invoice, the information provided by the Customer at the time of the order is authentic. No change in the invoice will be possible after its issue.

8.3 Delivery costs are charged to the Customer and are clearly highlighted on the Site and in the order form.

8.4 All purchases will be delivered by express courier with whom Trucillo signed a collaboration contract (hereinafter, “Courier”) from Monday to Friday, excluding holidays and national holidays. Trucillo is not responsible for unpredictable delays. Trucillo will send the Customer an e-mail of confirmation once the Products have been sent. In any case, except in cases of force majeure or unforeseeable circumstances, in accordance with the Consumer Code, the Products will be delivered within 10 (ten) days, except delays but no later 30 (thirty) days from the day following that in which the Customer has sent the order to Trucillo.

8.5 Times stated for delivery of the goods are estimated.

8.6 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 unaltered. Any damages to the package and/or the Products or the mismatch in the number of packages must be immediately contested by means of a written control reservation on the proof of delivery of the Courier. Once the courier’s document has been signed, the customer cannot make any objection regarding the external characteristics of the package delivered.

9. DUTIES AND RESTRICTIONS

9.1 Trucillo is not responsible for any duties or restrictions on the purchase applied by the customs in the countries of destination.

10. RIGHT OF WITHDRAWAL

10.1 In fulfilment of the provisions of the Legislative Decree of 21 February 2014, no. 21 regarding the implementation of Directive 2011/83/EU on consumer rights, the customer can return the purchased product and receive a refund of the amount actually paid, without the need to provide explanations and without any penalty.

10.2 The right of withdrawal consists in the possibility to return to the seller the goods received and to obtain reimbursement of the price paid for the purchasing of the products.

10.3 The right of withdrawal can be exercised within the deadline of 14 days from the receipt of the product with the following procedures:

10.3.1 Before the above-mentioned deadline, the Customer shall send a registered letter with acknowledgment of receipt to Cesare Trucillo S.p.a. or provide other statement from which the intention to withdraw from the purchase contract is clearly manifested. The notice can be sent within the above-mentioned deadline, by registered letter with acknowledgment of receipt, to the address Via Cappello Vecchio, 4/a- 84131 Salerno or by e-mail to the address: eshop@trucillo.it

10.3.2 Once checked that all the requirements for the right of withdrawal are met, The Customer Service of Cesare Trucillo S.p.a. will contact the consumer in order to communicate the return address for the undamaged  products, within the deadline of fourteen days, excluding holidays and weekend,  since the date when customer has notified his/her decision to withdraw from the contract;

10.4 The shipping costs for returning the goods are charged to the customer.

10.5 I In case of any diminished value of the goods resulting from the handling of the goods other than what is necessary to establish the nature, characteristics and functioning of the products (for example damaged products, products not duly or completely assembled, or with missing or damaged parts, such as components, accessories, assembly material, boxes, documents and/or other items), Cesare Trucillo S.p.a. will reimburse the purchase price after deducting such diminished value.

10.6 Should the Customer send products back after the said period or should the Customer send opened and/or partially used products which cannot be returned, the right of withdrawal does not apply and Cesare Trucillo S.p.a. will return the purchased product to the Customer, charging the delivery costs thereto.

10.7 Subject to the above limitations, Cesare Trucillo S.p.a. will reimburse the amount actually paid by the Customer within 14 days of receipt of the notice of withdrawal, by means of a credit note to the Customer’s bank account or credit card.

11. DEFECTS OF CONFORMITY, WARRANTY AND REPLACEMENT

11.1 The legal guarantees provided for in articles 129, 130 and 132 of the Consumer Code apply to the sale of the Products other than foodstuffs.  To take advantage of warranty, the Customer must keep the corresponding invoice, or where inexistent, the shipping document.

11.2 In case of conformity defects of Products sold by Trucillo, the Customer must immediately contact the Customer Service at e-mail address eshop@trucillo.it

11.3 The Customer has the right to restore, without charge, the conformity of the goods by repairing or replacing them, namely to an adequate price reduction or termination of the contract.

11.4 The Customer forfeits these rights if he does not report the lack of conformity to Trucillo within two months from the date on which he discovered the defect. The direct action to assert defects not maliciously concealed by Trucillo is prescribed, in any case, within twenty-six months from the delivery of the good.

11.5 If the purchased product is damaged during the delivery, the Customer can ask for its replacement within the absolute deadline of 10 days from the receipt of the goods.

11.6 The Product to be replaced must arrive, in normal state of conservation, at the following address:

Cesare Trucillo S.p.a., Via Cappello Vecchio, 4/a – 84131 Salerno, Italia.

11.7 The fulfilment of the new order is subject to the availability of the requested Products.

12. MISTAKES

12.1 The information relating to the Products provided on the Site are constantly updated. However, the complete absence of errors cannot be guaranteed.

12.2 Trucillo 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 communication.

13. APPLICABLE LAW AND JURISDICTION

13. LEGGE APPLICABILE E PLACE OF JURISDICTION

13.1 These General Conditions are governed by Italian law and must be interpreted in accordance with Italian laws.

13.2 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 place of Salerno.

14. CONTACTS

14.1 For further information, the Customer Service is available. You can find references directly on the Website section “Contacts” or by e-mail at the following address: eshop@trucillo.it

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Cesare Trucillo S.P.A. – Salerno – Italy
Via Cappello Vecchio, 4 – 84131 – VAT: IT-00181880659

*The brand name Nespresso® is not the property of Cesare Trucillo Spa, nor of any of companies associated with them.