CONDITIONS OF SALES CONSUMER
The following are governed by these General Conditions of Sales: all orders placed by individuals, referred to as “you” or “customer”, with Gruppo Cimbali S.p.A. S.A. referred to as “Gruppo Cimbali S.p.A.” “Cimbali”, "we", "us" or "our" and having its registered office at Via Manzoni 17, Binasco, Milan, Italy remotely (letter, fax, the Internet, and via the Gruppo Cimbali S.p.A. application), concerning the machines belonging to the offers to private consumers, as well as their consumables and accessories dedicated to this line (the “Products”).
Each order placed with Gruppo Cimbali S.p.A. or any of its affiliated companies shall be governed by the present General Conditions of Sales. Unless otherwise provided in the present General Conditions of Sales, they shall apply to the exclusion of all other conditions.
Our General Conditions of Sales may be modified from time to time by posting a new dated version on this Website. You are invited to read our General Conditions of Sales on a regular basis to be informed of these modifications. You will be subject to the General Conditions of Sales in force at the time you order Products from us, unless any change is required to be made to these by law or governmental authority (in which case it will apply to orders previously placed by you). You may exercise your right to cancel if you are not happy with the changes as they apply to your order.
Unless otherwise agreed, any order placed through this Website can only be delivered to Switzerland.
As a prerequisite to place an order, you will be required to provide mandatory registration information, such as your name or email address that will need to be correct and up-to-date.
Please inform Gruppo Cimbali S.p.A. of any changes in your address or other information by updating your personal details on this Website without delay, so that we can keep accurate records and deal with your request and orders.
2.2 Password and confidentiality
After the registration procedure is completed on the Website, you will have a unique member account username and password (the “Credentials”). We ask you, and it remains your responsibility, to maintain the confidentiality and security of your Credentials. Any successful login using your Credentials, regardless of whether it was executed by you or someone else, will be deemed as a personal act by you.
If you know, or have reason to believe that your Credentials were stolen or misused, or in case of any other security issue, you should notify Gruppo Cimbali S.p.A. immediately by contacing the Customer Relationship Centre.
If Gruppo Cimbali S.p.A. knows or has reason to believe that your Credentials are indeed used by another person, Gruppo Cimbali S.p.A. shall immediately suspend the use of such account (including processing any transaction from such account).
2.3 Order process
You can place your orders by the form on our website faema.com
An order of Products through the Website is placed by clicking on the “Add to Basket” button and proceeding to the checkout page.
Gruppo Cimbali S.p.A. offers its Products on this Website within the limits of its available stocks.
After placing an order of Products on the Website, you will access an order confirmation webpage allowing you to review your order, choose your delivery method and check the total price.
After accepting the General Conditions of Sales, you will be invited to provide payment details to finalise your order.
By sending the order form and paying the due sum the Customer confirms to have understood and approved the Terms and Conditions, as well as any further information provided in the Ecommerce.
2.4 Order confirmation
Once you have submitted and confirmed your order(s), Gruppo Cimbali S.p.A. will acknowledge receipt of the order(s) by setting out details of the ordered Products. Please note that the automatic order confirmation e-mail sent immediately upon receipt of the order form does not constitute a contract for sale.
After confirming receipt of your order(s), Gruppo Cimbali S.p.A. will check that the relevant Products are in stock. A contract for the sale of Products between you and Gruppo Cimbali S.p.A. will only be formed when Gruppo Cimbali S.p.A. confirms that all or part of the Products are still available and has sent the confirmation that the contract has been concluded.
The contract for the sale of Products will relate only to those Products whose dispatch we have confirmed.
To the extent permitted by law, Gruppo Cimbali S.p.A. is entitled to refuse, cancel or terminate an order for any reasonable ground and at any time. For example, we may refuse an order if a Product is totally or partially unavailable after the order is made. In this situation, you shall be informed of the delivery of partial order or the cancellation of your order. If you have already paid for some or all of the Products, we will refund you the full amount in respect of the relevant Products and any delivery costs charged as soon as possible. Gruppo Cimbali S.p.A. may also refuse an order if there is an ongoing dispute concerning payment of prior orders or in the case of abnormal orders and orders which Gruppo Cimbali S.p.A. suspects are not placed in good faith.
The prices payable for the items you order are those displayed on this Website on the date you place your order, inclusive of any applicable sales tax.
Delivery charges, when applicable, will be billed at the rates indicated on the Website on the date you place your order, calculated in accordance with the size of the order and the delivery method you select. You will be advised of the delivery charges applicable to your order during the checkout process and before you place your order.
Gruppo Cimbali S.p.A. reserves the right to modify the prices of its Products in the future. The modifications of prices will not apply to orders of Products confirmed by Gruppo Cimbali S.p.A..
Installation is not included in the price.
Payment shall be made by one of the methods you have selected during the checkout process. Payments can be made by Paypal, credit card or debit card or any other payment method that may be proposed by Gruppo Cimbali S.p.A.. Payments must specify your client number and/or invoice number.
Your card details are encrypted during all transmissions for security purposes. Depending on the payment establishment or payment service provider, payment by credit card may require an authorisation or be executed in multiples steps. In the event Gruppo Cimbali S.p.A. does not receive the authorisation, Gruppo Cimbali S.p.A. reserves the right to cancel your order.
In the event that your credit card or debit card cannot be charged, Gruppo Cimbali S.p.A. will place your order on hold and send you a notification that the payment could not be executed. No order will be shipped until payment is received or payment has been authorised or processed. Gruppo Cimbali S.p.A. reserves the right to refuse any new order until full payment of any overdue balance.
All orders confirmed by Gruppo Cimbali S.p.A. will be delivered to the delivery address you specified when placing your order.
Gruppo Cimbali S.p.A. and/or companies authorised by Gruppo Cimbali S.p.A. may contact you by SMS, telephone and/or email with information regarding your order and delivery.
All items purchased from the Website will be delivered pursuant to a shipment contract. We will arrange for shipment of the products to you. Please check the individual product page for specific delivery options. You will pay all shipping and handling charges specified during the ordering process.
This means that the risk of loss and title for such items pass to you upon our delivery to the carrier. The delivery and performance dates are estimates only. Cimbali will use commercially reasonable efforts to deliver the items to the carrier on time for a delivery in accordance with the estimated delivery or performance dates, but those dates may be changed as deemed necessary. Cimbali will not be liable for failure to deliver or perform by the estimated dates. Failure to deliver or perform by the estimated dates does not give you the right to cancel an order or any part thereof nor to claim any damages. Cimbali reserves the right to make partial deliveries.
Please inspect the packaging and/or the products pack on delivery to ensure that the packaging is intact, not wet and not otherwise damaged. If there is any damage to the packaging, you shall place a check reservation note on the courier delivery receipt, as well as notifying us using the contact details set out above.
The nominated courier will deliver our products to you. If no one is available at your delivery address to take delivery, they will leave you a note informing you of how to rearrange delivery or collect the products from a local depot.
If, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot, the nominated courier will contact you, directly or through us, for further instructions and may charge you for storage costs and any further delivery costs. If, despite reasonable efforts, the carrier is unable to contact you or re-arrange delivery or collection and therefore returns the Product to us, we may end the contract with you, and return the purchase price less all cost linked to the absence of collection in due time.
3.2 Transfer of risk
All risk of loss, or damage to the Products shall be transferred to you upon our delivery to carrier.
3.3 Product verification
At the time of the delivery, you are asked to verify that the number of items being delivered corresponds to that indicated on the delivery confirmation and that the Products are intact, undamaged, not wet and unaltered in any manner.
In case you observe damage or missing items, you must notify and file claim with the carrier and notify our Customer Relationship Centre within seven (7) days after the delivery.
4. RETURNS AND AFTER-SALES
You have the right to return any Product that does not suit you within fourteen (14) days after receipt of the Products. Gruppo Cimbali S.p.A. will only accept returns of Products that are in an undamaged and unused condition, in their original condition and packaging and accompanied by the invoice. You may call our Customer Relationship Centre and ask for a free return label.
You are liable for any diminished value of the Products resulting from the handling by you other than what is necessary to establish the nature, characteristics and functioning of the Products.
4.2 Effects of withdrawal
When returns are properly completed, Gruppo Cimbali S.p.A. shall reimburse the price of the returned Products and the invoiced delivery charges within a maximum of thirty (30) days upon receipt of the returned Products. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise. We may deduct shipping cost within the maximum limit of Euro 50.
Machines purchased are guaranteed by the machine manufacturer pursuant to the warranty conditions listed in the original Product documentation. Please consult your Product documentation for detailed information on the manufacturer's warranty.
In addition, the statutory warranty provisions in case of defects affecting the products sold (Art. 197 ss. of the Swiss Code of Obligations) apply to the extent not modified in the present General Conditions of Sale. Remedies are limited to the repair or replacement delivery of the defective product, under exclusion of all other remedies. Cimbali shall decide at its own discretion about replacement delivery or rectification of defects. The warranty period is 2 years from receipt of the product if the purchaser is a Consumer and 1 year from receipt if the purchaser is a Business, subject to the buyer having given immediate notice of the defect. If you do not inspect the product or notify us immediately, the goods shall be deemed approved.
4.4 After-Sales Services
You are responsible for the standard maintenance and cleaning of the machine. Given the technical characteristics of the machines and for safety reasons, repairs must only be performed by the manufacturer’s after-sales service personnel, in accordance with the conditions specific to each machine. The manufacturer and Gruppo Cimbali S.p.A. shall be released from any liability resulting from a modification, repair, addition and/or replacement of spare parts on the machine by any person other than the sales service department.
If you encounter any problems or have any questions concerning the functioning, maintenance or after-sales service of your machine, please contact us on [email protected] or in the section “Contact Us” on faema.com for advice and assistance.
The photographs and texts illustrating and describing the Products on this Website are non-contractual and for information purposes alone. Gruppo Cimbali S.p.A. shall not be liable in case of errors or omissions in the photographs or texts displayed on this Website.
Without limiting the scope of these General Conditions of Sale and to the extent permitted by applicable law, no claim of any kind, whether as to Products delivered or non-delivery of Products, or otherwise, shall be greater in amount than the purchase price of the Products in respect of which damages are claimed. In no event shall Gruppo Cimbali S.p.A. be liable for any indirect, incidental or consequential damages of any nature (even if the advent of such damage was known or could have been known by Gruppo Cimbali S.p.A.), capable of arising in connection with its Products, their use, sale or this Website.
We expressly exclude any liability for any loss or damage which may be incurred by you as a result of your breach of these General Conditions of Sales. We only supply the Products for personal and private use and you agree not to use the Products for any commercial, business or resale purposes. We have no liability to you for any loss of profit, loss of business, business interruption or loss of business opportunity.
Nothing in these General Conditions of Sales exclude or limits our liability for: (i) death or personal injury caused by our negligence; (ii) fraud or fraudulent misrepresentation; or (iii) for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
6. FORCE MAJEURE
Gruppo Cimbali S.p.A. will make every reasonable effort to fulfil its obligations. However, Gruppo Cimbali S.p.A. cannot be held responsible or liable for delays or failure to deliver caused by circumstances beyond its reasonable control (“force majeure”). Such circumstances include without limitation strikes and industrial action by third parties, civil commotion, riots, wars, natural catastrophes, epidemic, pandemic or any other similar event, including major global shortages of supplies, power or transportation facilities, beyond Gruppo Cimbali S.p.A’s control, that make impracticable or impossible the production, transportation or delivery of Products.
In the event of a delay caused by force majeure, Gruppo Cimbali S.p.A.’s obligations will be suspended and the time for performance of our obligations will be extended for the duration of the event. Gruppo Cimbali S.p.A. will perform its obligations as soon as reasonably possible, and it reserves the right to allocate any remaining Product supply among customers in a fair and reasonable manner.
7. LAW AND FORUM
The present General Conditions of Sale and your purchase of Products from Gruppo Cimbali S.p.A. shall be governed by and construed in accordance with the laws of Switzerland, without resort to its conflict of law provisions.
Any dispute or claim arising out of or in connection with the present General Conditions of Sale or your purchase of Products from Gruppo Cimbali S.p.A. (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the registered office of Gruppo Cimbali S.p.A in Milan, Italy. However, Consumers may subject any dispute in relation with the purchased products to the jurisdiction at their place of domicile in Switzerland and may only be sued in such jurisdiction.