General Terms

 

 

Conditions of Sale

These General Terms and Conditions of Sale (hereinafter the Terms and Conditions) shall regulate the commercial relations between New Espresso, S.L. and the user or customer entering into an agreement through the forms that New Espresso, S.L. makes available on its website: www.cafesnovell.com/piccolonovell.

Entering into agreement through the websites of New Espresso, S.L. shall imply the express acceptance by the customer or website user of these Terms and Conditions, as well as the terms and conditions of use established by the user’s navigation through the pages owned by New Espresso, S.L. These Terms and Conditions shall apply without prejudice to the application of legal regulations on the matter that may apply to each case.

These General Terms and Conditions shall be subject to the provisions of the Law 7/1998 of 13 April on General Conditions of Contract, of Law 26/1984 of 19 July for the Protection of Consumers and Users, Royal Decree 1906/1999 of 17 December 1999, which regulates the Telephonic or Electronic contracting with the terms and conditions, Law 15/1999 of 13 December on Personal Data Protection, Law 7/1996 of 15 January regulating the Retail Trade, and Law 34/2002 of 11 July, on Information Society Services and Electronic Commerce.

New Espresso, S.L. reserves the right to make any changes it deems appropriate, without notice, to the Terms and Conditions. Such modifications may be carried out through its websites, by any means admissible by law and shall be binding during the time they are published on the website and until they are modified validly by later ones. However, New Espresso, S.L. reserves the right to apply, in certain cases, Special Conditions of Contract in preference to these General Terms and Conditions when deemed appropriate, announcing them in a timely and an appropriate manner.

PRE-CONTRACT INFORMATION

New Espresso, S.L. informs users that the purchase procedure through its website is detailed in the section entitled How To Buy.

At the same time, New Espresso, S.L. informs users that they can access the terms and conditions at any time of use by clicking on the section terms and conditions of use.

By contracting with New Espresso, S.L. through its websites the user or customer expressly declares to know, understand and accept these General Terms and Conditions of Sale. Likewise, the user declares to be of legal age and have the legal capacity to access the websites of New Espresso, S.L. and to acquire the services offered through them. The user is responsible for managing the username and password obtained while registering as a customer in a confidential and responsible manner, and may not to assign them to third parties.

SALE AND PURCHASE OPERATION

  1. SCOPE OF APPLICATION
  2. ADHERENCE TO THE TERMS AND CONDITIONS OF SALE
  3. PRICES, OFFERS AND QUOTATIONS
  4. SYSTEM FOR SALE, PURCHASE ORDER AND ORDER CONFIRMATION
  5. PAYMENT METHODS
  6. RESERVATION OF TITLE
  7. DELIVERY OF PRODUCTS
  8. RIGHT OF WITHDRAWAL
  9. WARRANTIES
  10. SERVICES
  11. RESPONSIBILITY
  12. FORCE MAJEURE
  13. TERMINATION
  14. OBLIGATIONS OF THE CUSTOMER
  15. PERSONAL DATA PROTECTION
  16. COMMUNICATIONS
  17. CUSTOMER SERVICE
  18. PLACE OF EXECUTION OF THE CONTRACT
  19. JURISDICTION
  1. SCOPE OF APPLICATION

These Terms and Conditions of Sale (hereinafter the “Terms and Conditions of Sale”) govern the purchase and sale of the products or services offered online by New Espresso, S.L. with registered offices at Pol. Ind. Estació de Mercaderies – C/Font de l’Avellaner, s/n 08720 Vilafranca del Penedès (BCN), Spain through the website www.cafesnovell.com/piccolonovell and offered for sale using the technical means incorporated for this purpose and which complete, unless opposed, the specific terms and conditions stated in the purchase order (hereinafter the “Purchase Order”).

This agreement does not apply to purchases of products or services through a reseller or distributor, nor is it an agreement for resale or distribution.

  1. ADHERENCE TO THE TERMS AND CONDITIONS OF SALE

The completion and submission of the corresponding Purchase Order expresses the full and unreserved adherence to each and every one of the present conditions of sale as indicated in the Purchase Order.

  1. PRICES, OFFERS AND QUOTATIONS

The products offered on the website www.cafesnovell.com/shop and their corresponding prices, will be available for purchase as long as they appear in the catalogue of products displayed on the website.

The quotations or offers are only valid in writing and during the period specified therein. Unless otherwise stated the period shall be 15 days (including for Third Party Products).

  1. SYSTEM FOR SALE, PURCHASE ORDER AND ORDER CONFIRMATION

Orders shall be forwarded to Piccolo Novell by telematic means only (telephone and internet) through the Purchase Order form provided, duly completed, providing each and every one of the requested data as required.

Once a Purchase Order is received, Piccolo Novell shall immediately forward a confirmation of the contract of sale made (hereinafter “Confirmation”) to the email address indicated on the Purchase Order. You must check the Order Confirmation and notify us immediately in writing of any error, if any, otherwise the description established in the Order Confirmation shall be applicable.

In the event that at the time of receipt of a Purchase Order there were no available stocks of the product or products ordered, Piccolo Novell will contact the customer to communicate this fact, always offering, the possibility to acquire a similar product, wherever feasible.

  1. PAYMENT METHODS

Price

The cost of the products shall be settled by the Customer, from a choice of any of the following payment methods:

  1. A) By credit card

The service of payment by credit card is provided directly by the credit institution. Supported cards are VISA or MASTERCARD. In order to increase the security of purchases made over the Internet and to protect the parties involved in the purchase of possible fraudulent actions, VISA and MASTERCARD have agreed to provide a secure payment system for purchases made over the Internet.

Piccolo Novell shall not be liable for the confidentiality and security of information and data provided by the customer when paying for their electronic purchases by credit card, to the extent that such information and data is not exclusively under the control of Piccolo Novell.

  1. B) By payment into account

In this case, the customer must pay the total sum of their purchase by bank transfer to our bank account, once the confirmation of the Purchase Order has been received by Piccolo Novell, which indicates the bank account details to which the transfer needs to be made. Once Piccolo Novell has confirmed the payment, the product will be delivered to your address according to the terms and conditions described below.

Expenses and taxes

The costs of packaging, packing and shipping the products purchased, as well as, VAT and other applicable taxes, as the case may be, are payable by the Customer and must be paid together with the product/service cost using the same payment method.

Guarantees on the payment

Piccolo Novell reserves the right to require the Customer to provide appropriate guarantees of payment prior to submitting the Confirmation and expediting the order received, in response to the risks which are expected to be exposed, such as, for example, any incidents occurred on the occasion of other previous payments or as advised by the existence of financial reports.

  1. RESERVATION OF TITLE

Piccolo Novell expressly reserves the right to ownership of the product until full payment of the price, applicable expenses and taxes have been received. Until such time the Customer must insure and store them separately, and may not modify, pledge or sell them.

Piccolo Novell may initiate legal action to collect the price before the title of ownership is transferred.

Piccolo Novell may suspend delivery or service until full payment of the order has been received.

  1. DELIVERY OF PRODUCTS

Delivery time

The delivery time of products will be specifically indicated in each article, the average period being approximately 10 working days, from the moment that the total price, applicable expenses and taxes have been made effective.

Piccolo Novell may perform the delivery in batches. A shortage of stock is a sufficient cause to interrupt the computation of the delivery term, provided that it is duly communicated to the customer before the end of said term.

Transfer of Risk

Delivery shall be according to product availability by Piccolo Novell or by a third party on behalf of Piccolo Novell to the address indicated by the Customer on the Purchase Order. The Customer shall assume all risk for deterioration, reduction, damages and loss of products from the time that the products have been placed at their disposal in accordance with this clause.

Responsibility for delivery

Piccolo Novell shall be released from its obligations provided for in the delivery term and declines all responsibility in the following assumptions:

  1. A) Total or partial non-payment by the Customer accompanying the Purchase Order.
  2. B) Omission or inaccuracy in the information provided which, in accordance with paragraph 4, must be supplied by the customer on the Purchase Order at the time of the order.

Place of delivery

A delivery service is guaranteed within the Spanish territory within the Iberian Peninsula, with the exception of the Balearic Islands, the Canary Islands, Ceuta and Melilla.

  1. RIGHT OF WITHDRAWAL

The form and term of exercise

The Customer may freely withdraw from the contract within seven working days from the date of reception of the product, or longer if this had been offered. The date of the receipt evidencing the delivery of the product serves for the purpose of calculating the period of seven days.

The exercise of the right of withdrawal shall not be subject to any formality, so all you have to do is to be credited in any manner accepted in law.

However, with the aim of facilitating the Customer’s right of withdrawal, the Customer can use the Communication of Withdrawal provided by Piccolo Novell along with confirmation and send it by registered mail before the end of the aforementioned period of seven days. For these purposes, the Communication of Withdrawal must be submitted to the address shown on same together with the product in new condition and in its original packaging or, failing that, properly packed by their own means; attaching the original invoice issued to the Customer by Piccolo Novell.

The exercise of the right of withdrawal by the Customer will not incur any penalty.

The Customer shall be liable for the direct cost of returning the product, thereforreturns will not be accepted if they are sent via a freight forwarder.

The risks of loss, deterioration, reduction or damage of the product to which the withdrawal corresponds to are charged to the Customer until their delivery to Piccolo Novell.

To exercise the right of withdrawal you must send an email to: shop@cafesnovell.com stating your intention to return the product. Once we have received your communication we will inform you of the address to return the product to.

Return of amount in case of withdrawal

Piccolo Novell will return to the Customer the amount paid for the product within a maximum period of thirty days after receipt of the product by Piccolo Novell , in exercise of the right of withdrawal, provided that the product was received by Piccolo Novell in the conditions described in the above clause. In the event that the products returned have some defect, the Customer shall indemnify Piccolo Novell for the amount corresponding to such defects, with Novell Piccolo deducting it from the amount returned to the Customer as a result of the withdrawal.

Exceptions to the right of withdrawal

As an exception, the right of withdrawal shall not apply in the following circumstances:

  1. A) Contracts for the supply of goods made in accordance with the specifications of the consumer, or clearly personalised or which, by their nature, cannot be returned or may deteriorate or expire quickly.
  2. B) Contracts for the supply of goods whose price is subject to fluctuations of coefficients of the financial market that the seller may not be able to control.

AIn addition, if the Customer is not a consumer, according to the Spanish Law of Consumers and Users, the Customer expressly waives its right of withdrawal.

  1. WARRANTIES

Piccolo Novell offers a trial period of 15 days and guarantees the quality of the product that is protected, in the legally established terms, for a period of two years from the date of delivery.

Defects caused by negligence, knocks, inappropriate use or misuse, improper stress, incorrect installation not carried out by authorised service personnel, when appropriate, or materials subject to wear through normal use, are not covered by this warranty. In the event of voluntary return of the product in good condition, the shipping costs will be paid by the Customer.

In those incidents that justify the use of the warranty, the repair, replacement of the article, discount or refund shall be subject to the legally established terms.

The warranty shall become invalid:

– If the identifying number or the appliance itself under warranty are handled or repaired without the knowledge of the Technical Service.

To make use of the warranty please contact us by email at: shop@cafesnovell.com

  1. SERVICES

The Services will be provided by Piccolo Novell or an authorised Service Provider. The response times are approximate and may vary according to location or product accessibility. The Service may be provided via telephone or Internet where appropriate. Piccolo Novell is the owner of any replacement Product or components subject to the repair and may charge the Customer if they are not returned if requested. Repairs to third-party products shall be carried out according to the manufacturer or licensor’s warranty. The replacement parts that are not critical for the function of the product may not be replaced within the supply of the Service.

Piccolo Novell reserves the right to replace the product with one of identical or similar characteristics of equal or greater value, provided the repair is not possible or economically viable.

Piccolo Novell will not return the amount of the product for reasons other than withdrawal.

  1. RESPONSIBILITY

Neither party shall be liable for any failure or delay of their obligations. If the lack of execution or delay is a result or consequence of a fortuitous event or force majeure.

  1. FORCE MAJEURE

Piccolo Novell cannot be held responsible for delays or failures (including delivery or service) caused by circumstances reasonably beyond its control and shall have the right to an extension for its implementation; such circumstances may include, but not be limited to: strikes, problems of a logistical, supply or manufacturing nature, fluctuations in exchange rates, government action and natural disasters. If the cause lasts for longer than 2 months, this agreement may be terminated by either party, without the right to compensation.

  1. TERMINATION

Any party may terminate this contract if the other party:

1)is in breach of its obligations under this agreement and fails to remedy such breach within 30 days following the written request to this effect; or 2) is declared insolvent or unable to pay its debts as they become due.

  1. OBLIGATIONS OF THE CUSTOMER

The Customer shall be responsible for:

  • Their own choice of product and its suitability for end or purpose.
  • The costs of telephone and email, where appropriate, to contact Piccolo Novell.
  • Their product specification and the instructions given in this regard.
  1. PERSONAL DATA PROTECTION

The Customer authorises Piccolo Novell to handle personal data provided by the Customer electronically. Piccolo Novell will process such Personal Data for the purposes of and in accordance with the conditions set out in the Piccolo Novell Privacy Policy, published under Legal Information.

Piccolo Novell has taken and is provided with all necessary technical and organisational measures to ensure the security of personal data, and to avoid their alteration, loss, treatment or unauthorised access. Nevertheless, the Customer is made aware that Piccolo Novell cannot guarantee the absolute security on them, because any security measures on the Internet are relatively fragile, so that Piccolo Novell shall not be liable for any damage and/or prejudice and/or unobtained benefits by the user or any other third party that is compromised in this regard.

  1. COMMUNICATIONS

Method

All communication between the Customer and Piccolo Novell related to a given order may be made either by phone or email. In the latter case, messages shall be deemed valid and binding, provided that the email seeming pertains to the counterparty.

Addresses

For the purposes of communications, customer service, incidents, and other matters, Piccolo Novell designates the following email address: shop@cafesnovell.com

  1. CUSTOMER SERVICE

To express any opinion, suggestion or query, users may contact the Customer Service Department of the Piccolo Novell Shop:

– Via email to: shop@cafesnovell.com

– Via phone, from Spain, by calling the telephone number (+34) 902104079. In the latter case, the customer service operating hours will be from Monday to Friday from 09:00 to 19:00.

  1. PLACE OF EXECUTION OF THE CONTRACT

Contracts made via www.cafesnovell.com/shop shall be presumed to be held in the offices of Piccolo Novell / New Espresso, S.L.: Pol. Ind. Estació de Mercaderies – C/Font de l’Avellaner, s/n 08720 Vilafranca del Penedès (BCN) – Spain.

  1. JURISDICTION

These General Terms and Conditions of Sale are governed by Spanish legislation and any conflict or discrepancy in the interpretation or application of them shall be submitted to the competent Courts and Tribunals to consider such matters as they apply to consumers in the place where such obligation is to be carried out or the purchasing party’s place of domicile.

In the event that the Customer is a company, both parties submit, expressly waiving any other jurisdiction, to the Courts and Tribunals of Barcelona.

 

La tienda solo está disponible para España.