1. General Conditions for Subscriptions
These general conditions (the “General Conditions”) regulate the periodic supply of the products described in the Subscription section on De’Longhi website (the “Products”) by De'Longhi Appliances S.r..l, a sole quota-holder company, with registered office in Treviso (TV), via L. Seitz n. 47, share capital Euro 200,000,000.00 fully paid-up, VAT number 00698370962, tax code and registration number in the Treviso Company Register 00867190159, subject to the management and coordination of De'Longhi SpA pursuant to art . 2497-bis of the Italian Civil Code (“De'Longhi”) to the customer, or the end user (consumer), natural person (of age) or legal entity (the “Customer”), according to the terms and conditions described below (the “ Subscriptions”), that the Customer has signed up for via the following website www.delonghigroup.com (the “Site”).
The applicable General Conditions are those in force at the time of execution of the Subscription contract according to the provisions set forth under art. 5.
For anything not expressly regulated under these General Conditions, please refer to provisions contained on the Site in the section dedicated to the sale of products and services; in case of conflict these General Conditions shall prevail.
The Products are intended for domestic or similar use only, not for professional purposes or use. In any case, De'Longhi recommends following the instructions contained in the respective instruction manuals.
2. Types of Subscription
The Customer may choose between the types of Subscription described in the Subscriptions section on the Site. The Subscriptions provide for the periodic supply of the Products included in each Subscription, in the quantities indicated therein and with the frequency envisaged for each supply, at a discounted price and with an installment payment plan.
3. Duration of the Subscription - Cancellation by the Customer / Termination by De'Longhi
3.1. The maximum duration of each type of Subscription is 12 months. The Customer receives the supply of the Products as often as set out in the respective Subscription.
3.2. The Customer may cancel the Subscription freely and at any time. This right of unilateral withdrawal will hereinafter also be referred to as "Cancellation" and no charges will be applied to the Customer.
3.3. The Cancellation will be exercised by the Customer by completing and sending the form in "my account" section of the Site, on the Subscription page, in the "subscription history" section, following the instructions contained therein. De'Longhi will deliver - and the Customer will pay for - all Products ordered prior to Cancellation. The possibility for the Customer to cancel the Subscription is suspended 2 (two) days before the processing of each new order.
3.4. De'Longhi may terminate the Subscription at its discretion at any time for reasons of commercial opportunity, formally communicating its withdrawal to the Customer with at least 15 days' notice. All orders accepted before the effective date of termination of the contract will be executed.
4. Execution of the Contract
4.1. The Customer can sign the contracts relating to each Subscription exclusively through the Site.
4.2. Once the customized configuration of the Subscription has been completed, to join the Subscription the Customer must have logged in and be registered in the " my account" section of the Site, logging in with username and password , which the Customer is required to protect and in relation to which it is responsible for any activity or action undertaken using the same. De'Longhi is not liable for any loss or damage resulting from failure to comply with these contractual provisions.
The Customer undertakes to immediately inform De'Longhi in the event of unauthorized use of their access credentials or any other breach of security.
4.3. To complete the Subscription, the Customer must complete an order indicating:
- the type of Subscription chosen and the type of Coffee among those available;
- the billing data with the shipping address for the Products purchased by joining the Subscription.
Upon joining, summary information on the Products will be provided, including indications on prices, including VAT and any applicable taxes, then detailed in the relevant invoice.
4.4. The contract is executed upon receipt of the communication from De'Longhi confirming subscription to the Subscription sent by e-mail to the Customer, containing a summary of the conditions of the chosen Subscription, as well as all other information pertaining to the contract. Orders subsequent to the first are automatically generated with the frequency established for each Subscription.
5. Product features and prices
5.1. The features of the Products of each Subscription can be found on the dedicated page of the Site. The Coffee is delivered to the Customer with an expiry date of not less than three (3) months.
5.2. Shipping costs, if applicable, are clearly indicated in the order details. Unless expressly indicated, the Products will be sent at no cost to the Customer.
5.3. The indicated price will remain unchanged for the entire duration of the Subscription chosen by the Customer, with the exception of the discount applied for the first order, where applicable.
6. Changes to the Subscription
6.1. De'Longhi will supply the Customer with the Products provided for in each Subscription as frequently as specified therein.
The Customer may modify his/her personal data, the address for shipping the Products, the billing address and the payment data by accessing the Subscription page on the Site, in the “Subscription History” section. The possibility for the Customer to modify the Subscription data is suspended 2 (two) days before the processing of each new order.
6.2. The amendments referred to under art. 6.1 will be implemented from the first delivery after the date of modification, if made at least 2 (two) days before the order processing date. Otherwise, they will be taken into consideration for subsequent deliveries. The Customer is informed via email 5 (five) days before the date of processing of each order following the first.
6.3. It is not possible to suspend the Subscription, but only to Cancel it according to previous art. 3.
7. Payment and invoicing
7.1. The periodic supply of the Products within the terms set out in each Subscription can only be paid for by monthly debit on a credit or debit card; other payment methods are not permitted, nor can discount coupons be used except for those specifically intended for Subscription programs. Upon signing the contract, De'Longhi will automatically send a receipt or invoice based on the data provided by the Customer at the execution of the Subscription. No changes to the invoice will be possible after it has been issued.
7.2. The amount of each order placed under the Subscription chosen by the Customer will be charged directly to the Customer’s credit card. De'Longhi shall be entitled to carry out preliminary checks to verify the credit card availability.
7.3. In the event that the Customer's payment is refused, or that the Product is not in the warehouse ("out of stock"), De'Longhi will carry out no. 3 (three) attempts to process the order; if none of these attempts is successful, the order will not be issued, the Products will not be delivered and the respective amount will not be charged to the Customer. In such cases, unprocessed orders (" skipped orders ") will not be recovered at the end of the Subscription which will maintain the maximum duration of 12 months.
The Customer acknowledges that such situations may delay the order fulfillment times and, consequently, the times foreseen for the Products’ delivery.
7.4. All information relating to the Customer's credit card will be forwarded via secure connection directly to the website of the banking institution, which provides the payment service.
The Customer is required to communicate to De'Longhi via Customer Service or by accessing its reserved section on the Site, any changes (e.g. card expiration) regarding the credit card inserted for the payment of orders issued during the duration of the Subscription.
8. Shipping of the Products
8.1. De'Longhi will carry out the first shipment of the Products ordered by the Customer, by courier, to the address communicated by the Customer. The delivery of the Products provided for in each Subscription, under normal conditions, takes place within 3 (three) working days from the date of fulfillment of each order that is communicated to the Customer by email, as well as the subsequent shipping date. Times indicated for receiving the Products are in any case indicative.
8.2. Orders following the first one will be processed automatically, as frequently as described for each Subscription in the Subscriptions section on the Site.
8.3. The shipment will be carried out by De'Longhi via a third-party courier, responsible for delivery. Any reports of failed or delayed delivery of the Products will be made through De’Longhi Customer Service.
9. Verification of Products
9.1 Any damage to the packaging and/or to the Product (visible without opening the package), or the mismatch in the number of packages, must be immediately reported to the courier, giving specific indication on the delivery document. By signing the courier document, the Customer certifies the external integrity of the Product and the conformity of the delivery.
9.2. Any problems that are not evident and cannot be verified at the time of delivery (relating to the physical integrity, correspondence or completeness of the products received) must be reported within 5 (five) working days of delivery by sending an email to Customer Service using the forms reported on the Site or by calling the toll-free number 800 635600.
10. Modification of General Conditions
10.1. De'Longhi shall be entitled to modify these General Conditions by promptly notifying the Customer via e-mail and on the Site. For this reason, De'Longhi invites the Customer to periodically consult this page to check for any changes and/or updates to these General Conditions.
10.2. If the modifications involve a substantial change in the terms of the Subscription, the Customer may withdraw from it according to the provisions under art. 11.2.
10.3. The changes will be effective from the date indicated in the communication sent by e-mail or published on the Site.
11.1. The exercise of the right of withdrawal is excluded for food products.
11.2. Without prejudice to the possibility for the Customer to communicate his Cancellation from the Subscription at any time, as provided for under previous art. 3, the Customer shall also be entitled to exercise the right of withdrawal from the Subscription contract according to the terms and conditions provided for in the General Conditions of Sale to be found on the Site under the section dedicated to the sale of De'Longhi products and services or by directly calling De’Longhi Customer Service using the following toll-free number 800 635600.
12.1. The Customer must check the Products upon delivery to verify their functionality and the presence of any visible defects, informing De'Longhi immediately in this case.
12.2 The Products are covered by the legal guarantee, which complies with all legal regulations regarding guarantees on consumer goods and consumer rights in force in the countries in which the Products included in each Subscription are purchased (the "Warranty"). The rights arising from the Guarantee will be exercised in accordance with the law in force in the Customer's country and under the conditions specified in any guarantee documents supplied with the Products. To enforce the Guarantee, the Customer may contact our Customer Service at the number and/or email indicated in the Customer Service section of the Site, specifying the Product invoice number and the date of issue, or the relevant code and the order placed, providing information about the defect. Customer Assistance will provide all the information on how to enforce the Warranty.
12.3. De'Longhi provides products free from defects. If the Products do not conform to the features described in each Subscription, the Customer shall be entitled to enforce the Warranty rights.
12.4. The Customer shall not be entitled to repair or replacement of the Products, or any part thereof considered defective, by De'Longhi in the following situations (without prejudice to any legal provisions on the matter):
a) the Products have been repaired or modified by anyone other than the manufacturer or an authorized subject; and/or
b) the lack of conformity of the Products becomes apparent two (2) years after delivery of the Product and/or from the specific request to repair or replace the defective Product, forwarded in accordance with the provisions of these General Conditions; and/or
c) the defects are caused (in whole or in part) by improper use, storage, maintenance or installation, or by failure to follow the instructions provided by the manufacturer with the Product.
12.5. Repairs or replacements of the Products will be carried out within a reasonable period of time from the submission of the application and will not cause significant inconvenience to the Customer, taking into account the nature of the Product and the purpose for which it was purchased.
12.6. Any complaint will be taken into consideration within 30 (thirty) days of receipt of the complaint.
12.7 Nothing in these General Conditions limits the rights of customers pursuant to the current provisions of the Consumer Code (as hereinafter defined).
12.8. With specific reference to Coffee, De'Longhi guarantees the quality of the Coffee against any material and manufacturing defects up to the expiry date shown on the product itself, provided that its handling and use comply with the instructions, labels and/or other documentation transmitted by De'Longhi. It is understood that food products, once opened, must necessarily be consumed by the date shown on the label and stored as recommended.
13. Limitation of Liability
13.1. De'Longhi will do its best to ensure uninterrupted and error-free availability of the web services offered by the Site. Nonetheless, the very nature of web services may give rise to interruptions thereof due to technical reasons or restrictions that may occur, including in relation to repairs, maintenance or the introduction of new services. De'Longhi will limit the number and duration of such suspensions or restrictions as much as possible.
13.2. De'Longhi will not be liable for any delay or failure to perform which arises from causes beyond its reasonable control, and in any case: (i) for damages not caused by failures of De'Longhi, or (ii) for economic losses (including losses by way of lost profits, contracts, data, goodwill, etc.), or (iii) for any indirect or consequential damage not foreseeable by either party at the time of the conclusion of the Subscription contract.
13.3. These General Conditions do not affect the Customer's legal right to receive the Products in accordance with the conditions set out in each Subscription or to receive a refund if the Products ordered cannot be delivered within a reasonable time due to a cause beyond reasonable control by De'Longhi.
13.4. Any liability of De'Longhi towards the Customer relating to quality problems of the Products will in any case be limited to the purchase price of the product. Any limitation of liability in the contract with the Customer will be limited to what can be legally excluded. Nothing in these General Conditions, however, will limit or exclude liability for fraudulent misrepresentation or for death or personal injury caused by gross negligence or willful misconduct.
14. Force majeure
14.1. De'Longhi cannot be held responsible if it is unable to process the order due to force majeure (such as but not limited to, blocks in production activity imposed by legislative or administrative provisions, epidemics, strikes, severe atmospheric events, fires, floods), even if such events prevent or delay the activity of the courier responsible for delivering the ordered Products.
15. Applicable law and competent court
15.1. These General Conditions are governed by Italian law and in particular by Legislative Decree 6 September 2005 n. 206 (“Consumer Code”).
15.2. For civil disputes, the Judge of the place of residence or domicile of the Customer has exclusive jurisdiction, in accordance with the legislation established by the Consumer Code.
15.3. The European Commission provides a platform for the resolution of disputes relating to purchases made online, which the Citizen of an EU Member State can access via this link: http://ec.europa.eu/consumers/odr/
16. Data processing
16.1. The Customer's personal data provided for the execution of the Subscription, in accordance with the provisions of the EU Regulation on the processing of personal data (GDPR), will be processed only for the purposes relating to the execution of the Subscription contract and the delivery of products’ purchase orders.