This document contains the general terms and conditions on the basis of which users are offered the use of the Re-fè website which offers the promotion and sale of products for separating coffee capsules from coffee grounds.

1. Definitions

To enable a complete understanding and acceptance of these terms and conditions, the following terms, singular and plural, will have the meaning indicated below:

Owner: Federico Girotto, Via R. Leoncavallo, 12, 31100 Treviso, VAT number. 04919840266, PEC address federicogirotto@postecert.it

Application: the website

Products: the products supplied to the user by the Owner

User: any person who accesses and uses the Application

Consumer User: the adult natural person who concludes a contract for purposes unrelated to his business, commercial, craft, or professional activity possibly carried out.

Conditions: this contract which governs the relationship between the Owner and the Users and the sale or supply of the Products offered by the Owner through the Application.

2. Scope of the Terms

• The use of the Application implies acceptance of the Conditions by the User. If the User does not intend to accept the Conditions and/or any other note, legal notice, information published or referred to therein, he will not be able to use the Application or the related services.
• The Conditions can be modified at any time.
• The applicable Conditions are those in force on the date of transmission of the purchase order or request for supply of a Product.
• Before using the Application, the User is required to read the Conditions carefully and to save or print them for future consultation.
• The Owner reserves the right to change, at any time, even after the User’s registration, the graphic interface of the Application, the Contents and their organization, as well as any other aspect that characterizes the functionality and management of the ‘Application, communicating to the User, where necessary, the relevant instructions.

3. Purchase or supply request through the Application

• All the Products offered through the Application are described in detail on the relative product pages (quality, characteristics, availability, price, delivery times and costs, accessory charges, etc.). There may be some errors, inaccuracies, or minor differences between what is stated on the Application and what is delivered. Furthermore, any images of the Products are only representative and do not constitute a contractual element.
• Purchases and/or requests for the supply of one or more Products through the Application are permitted to Consumer Users.
• All persons can only make purchases and/or supply requests if they are of legal age. For minors, every purchase and/or request for the supply of Products through the Application must be examined and authorized by the parents or by those exercising parental responsibility.
• The offer of the Products through the Application constitutes an invitation to offer, and the order received by the User will be valid as a contractual purchase proposal and/or supply request, subject to confirmation and/or acceptance by the Owner as described in the following. As a result, the Owner shall have the exclusive discretion to accept or reject the User’s order without the latter having the right to object or complain about anything for any reason and/or justification.
• The contract for the sale or supply of the Products is understood to be concluded with the acceptance by the Owner of the User’s contractual proposal. The Owner will accept the User’s contractual proposal by sending the order confirmation to the e-mail address indicated by the User or by viewing an order confirmation web page, which will include the date of the order, the User’s data, the characteristics and availability of the Product, the price or the method of calculating the price, any additional charges and ancillary taxes, the delivery address, times and any delivery costs, the methods for exercising the right of withdrawal or its possible exclusion and the guarantee.
• The contract for the sale or supply of the Products is not considered effective between the parties in default of what is indicated in the previous point.
• If the Product is not available, the Owner will inform the User of the new delivery or supply terms, asking if he intends to confirm the order or not. It is understood that the contract will be considered completed for the Products accepted by the Owner.
• The User agrees to verify the accuracy of the data contained in the order confirmation and to immediately notify the Owner of any inaccuracies, as well as to preserve a copy of his order, the corresponding confirmation, and the Conditions.

4. Registration

• To take advantage of the features of the Application, Users must register by truthfully and completely providing all the data requested in the relevant registration form and fully accept the privacy policy https://docs.google.com/document/d/1zsPaFLmnVvPqCuUqebMFFrOmjCtni-J7uqTkZmmuYgw/edit?usp=sharingand the Conditions.
• The User has the responsibility to keep his/her login credentials, which must be used exclusively by the User and cannot be transferred to third parties. The User agrees to keep them secret and ensure that no other party has access to them and to promptly notify the Owner if he suspects or becomes aware of inappropriate use or undue disclosure of the same.
• The User guarantees that the personal information provided during the registration procedure is complete and truthful and undertakes to hold the Owner harmless and indemnified from any damage, compensation obligation, and/or sanction deriving from and/or in any way connected to the violation by part of the User of the rules on registering with the Application or on the retention of registration credentials.

5. Account cancellation and closure

• The registered User can stop using the Application at any time and deactivate his account or request its cancellation through the Application interface, if possible, or by sending a written communication to the e-mail address team@re- fe.com
• In the event of a violation by the User of the Conditions or applicable legal provisions, the Owner reserves the right to suspend or terminate the User’s account at any time and without notice.

6. Prices and Payments

• The price of each Product, including VAT if applicable, is shown. If the nature of the Product makes it impossible to calculate it in advance, the methods for calculating the price are indicated.
• Furthermore, all possible taxes, additional expenses, and shipping costs will be disclosed, which may vary depending on the location, the chosen delivery mode, and/or the payment type used. If these expense items cannot be reasonably calculated in advance, there will be an indication of which expenses will be charged to the User.
• The Owner reserves the right to modify, at any time, the price of the Products and any additional costs. It is understood that any price changes will in not affect the contracts already concluded before the change.
• The User undertakes to pay the price of the Product in the times and ways indicated in the Application and to communicate all the necessary data that may be requested.
• The Application uses third-party tools for payment processing and does not in any way come into contact with the payment data provided (credit card number, cardholder name, password, etc.).
• Should these third-party tools deny payment authorization, the Owner will not be able to supply the Products and cannot be held responsible in any way.

7. Billing

• The User who wishes to receive the invoice must explicitly request it from the Owner in writing within 24 hours of the order, to the email team@re-fe.com indicating:
  – the order number
  – the name and surname
  – VAT number and/or tax code
  – Company name (or Name and Surname if a private individual)
  – ZIP code, Municipality, Address
  – your email in which to receive the invoice. The invoice The User who wishes to receive an invoice will be asked for billing data. The information submitted by the User, which he declares and assures to be true, shall be used as proof for the issuing of the invoice, relieving the Owner of any indemnity in this regard.

8. Methods of delivery of material Products

• The material Products and/or digital products supplied on a material media will be sent to the address indicated by the User, in the manner and within the term chosen or indicated on the Application and mentioned in the order confirmation. Unless otherwise specified, the delivery terms specified in the order confirmation indicate the period usually necessary to deliver the Product from the moment the courier takes charge.
• If it is not possible to supply the Products requested, prompt notice will be given by e-mail to the User, with an indication of when it is expected to be able to deliver them or of the reasons which make the supply impossible.
• If the User does not intend to accept the new terms or delivery has become impossible, he may request a refund of the amount paid, which will be credited promptly in the same payment methods used by the User for the purchase within 14 days of the date the Owner becomes aware of the refund request.
• Upon receipt of the Product, the User is required to verify its conformity with the order placed as well as the integrity of the packaging. If there is evident damage to the packaging or the Product, the User may refuse delivery and return it at no cost to him. Once the delivery document has been signed, the User will not be able to make any objection regarding the external characteristics of the delivered Products.
• The Owner will not be liable to any party or third party for damages, losses, and costs incurred as a result of the non-performance of the contract due to force majeure.

9. Guarantee of conformity of material Products for Consumer Users

• The legal guarantee of conformity is recognized, provided for by articles 128-135 of the Consumer Code, for all Products sold through the Application that fall into the category of “consumer goods”, as governed by art. 128, 2nd paragraph of the Consumer Code: any movable property, even to be assembled, except i) assets subject to forced sale or in any case sold in other ways by the judicial authorities, including by delegation to notaries, ii) water and gas, when not packaged for sale in a limited volume or specific quantity, iii) electricity.
• The legal guarantee of conformity is reserved for only Consumers Users.
• The Owner must supply to the Consumer User Products that comply with the sales contract. If the circumstances that follow exist, the Products are considered to be in accordance with the contract:

1. are suitable for the use for which goods of the same type are normally used
2. conform to the description made by the Owner and possess the qualities of the goods that the seller has presented to the Consumer User as a sample or model
3. present the usual quality and performance of a good of the same type, which the Consumer User can reasonably expect, taking into account the nature of the Product and, where appropriate, the public declarations on the specific characteristics of the Products made in this regard by the Owner, the manufacturer or its agent or representative, especially in advertising or on labelling

1. They are also suitable for the particular purpose sought by the Consumer User, which was brought to the Data Controller’s knowledge at the time of contract conclusion, and which the Data Controller has also recognized as conclusive facts.

• Any failures or malfunctions caused by accidental events or by the responsibility of the Consumer User or by use of the Product that does not comply with its intended use and/or with the provisions of the attached technical documentation are therefore excluded from the scope of the guarantee of conformity.
• The lack of conformity that occurs within 24 months from the date of delivery of the Product must be reported within 2 months from the date of discovery of the defect.
• Unless proven otherwise, it is assumed that the lack of conformity that occurs within 6 months of delivery of the Product already existed on that date, unless this hypothesis is incompatible with the nature of the Product or with the nature of the lack of conformity. After 6 months, the Consumer User must confirm that the damage was not caused by wrong or inappropriate use of the Product.
• Pursuant to art. 130 of the Consumer Code, in the event of a lack of conformity of the Product, the Consumer User has the right to restore the conformity of the Product, free of charge. For this reason, the Consumer User can choose between repairing the Product or replacing it.
• This right of choice cannot be exercised if the requested remedy is objectively impossible or excessively onerous. Inoltre, l’Utente Consumatore ha diritto ad una riduzione adeguata del prezzo o alla risoluzione del contratto, solo qualora ricorra una delle seguenti situazioni:
  i) repair and replacement are impossible or excessively expensive;
  ii) the Owner has not repaired or replaced it within a reasonable time;
  ii) the Owner has not repaired or replaced it within a reasonable time;
• If the Consumer User intends to take advantage of the remedies provided by the guarantee of conformity, he must send a written communication to the e-mail address team@re-fe.com
• The Owner will respond promptly to the communication of the claimed lack of conformance and will inform the Consumer User of the specific method to be followed, taking into account the product category to which the Product belongs and/or the reported defect.

10. Industrial and Intellectual Property Rights

• The Owner declares to be the owner and/or licensee of all intellectual property rights relating to and/or adhering to the Application and/or the Contents available on the Application. Therefore, all trademarks, figurative or registered and all other signs, trade names, service marks, word marks, trade names, illustrations, images, logos, and contents relating to the Application are and remain the property of the Owner or its licensors and are protected by applicable trademark laws and related international treaties.
• Unless otherwise specified, the Conditions do not grant the User any permission to use the Application and/or individual contents and/or resources made available therein.
• Any copies in any form of the explanatory texts and the Contents of the Application that are not authorized will be considered a violation of the Owner’s intellectual and industrial property rights.

11. Warranty Disclaimer

• The Application is provided “as is” and “as available” and the Owner makes no explicit or implicit guarantees about it, nor does it guarantee that it will meet the needs of Users, or that it will never be interrupted, or that it will be free of errors, or that it will be free of viruses or bugs.
• The Owner is going to guarantee that the Application is available 24 hours a day, seven days a week, but cannot be held liable if, for any reason, the Application is not accessible and/or operable at any time or for any amount of time. Access to the Application may be interrupted temporarily and without warning in the event of system failure, maintenance, or repairs, or for any reason unrelated to the Owner’s will or due to force majeure.

12. Limitation of Liability

• Except in cases of willful misconduct or gross negligence, the Owner cannot be held liable to the User for disservices or malfunctions related to internet use that are beyond its or its suppliers’ control.
• Furthermore, the Owner will not be liable for damages, losses, and costs suffered by the User following the non-execution of the contract for reasons not attributable to him, since the User is only entitled to a full refund of the price paid and any ancillary charges supported.
• The Owner assumes no responsibility for any fraudulent or illegal use that may be made by third parties of credit cards and other means of payment, as it does not in any way come into contact with the payment data used (number of credit cards, holder’s name, password, etc.)
• The Owner will not be responsible for:
  • any loss of commercial opportunity and any other loss, even indirect, possibly suffered by the User which is not a direct consequence of the breach of the contract by the Owner incorrect or unsuitable use of the Application by Users or third parties
  • the issue of incorrect documents or fiscal data due to errors relating to the data provided by the User, the latter being solely responsible for the correct insertion
• The Owner will never be held accountable for more than double the amount paid by the User.

13. Major force

• The Owner cannot be held responsible for the failure or delayed fulfillment of its obligations, for circumstances beyond the reasonable control of the Owner due to force majeure events or, in any case, to unforeseen and unforeseeable events and, in any case, independent of its will .
• The Owner’s obligation fulfillment will be considered suspended during the period of force majeure.
• The Owner will perform any act in his power in order to identify solutions that allow the correct fulfillment of his obligations despite the persistence of force majeure events.

14. Linking to Third Party Sites

• The Application may contain links to third party sites/applications The Owner does not exercise any control over them and, therefore, is in no way responsible for the contents of these sites/applications.
• Some of these links may refer to third party sites/applications that provide services through the Application. In these cases, the general conditions for the use of the site/application and the use of the service prepared by third parties will apply to the individual services, concerning which the Owner assumes no responsibility.

15. Privacy

• The protection and processing of personal data will take place in accordance with the Privacy Policy which can be consulted on the same page

16. Applicable law and jurisdiction

• The Conditions are subject to Italian law.
• For Consumer Users, any dispute relating to the application, execution and interpretation of these Conditions will be devolved to the forum of the place where the Consumer User resides or has elected domicile, if located in the territory of the Italian State, without prejudice to the right for the User Consumer to appeal to a judge other than that of the “consumer forum” pursuant to art. 66 bis of the Consumer Code, competent for the territory according to one of the criteria set out in articles 18, 19 and 20 of the civil procedure code.
• Without prejudice to the application to Consumer Users who do not have their habitual residence in Italy of any more favorable and mandatory provisions provided for by the law of the country in which they have their habitual residence, in particular in relation to the deadline for exercising the right of withdrawal, at the deadline for returning the Products, in the event of exercise of this right, the methods and formalities of communicating the same and the legal guarantee of conformity.

17. Online Dispute Resolution for Consumer Users

• The Consumer User residing in Europe must be aware of the fact that the European Commission has set up an online platform that provides an alternative dispute resolution tool. This tool can be used by the Consumer User to resolve in a non-judicial manner any dispute relating to and/or deriving from contracts for the sale of goods and the supply of services entered into on the web. As a result, the Consumer User can use this platform to resolve any dispute emerging from the online contract. The platform is available at the following address: ec.europa.eu/consumers/odr/

Date 04/28/2022