TERMS AND CONDITIONS
(in compliance with Paragraph I, Title 3, Part 3, of Italian Law dated 206/2005 and subsequent integrations and modifications)
The seller of the products and the owner of the Website is NOW.HERE SRL, with registered office in 20123 Milano (MI), Italy.
The customer who uses this Website to purchase products or services (hereinafter “Customer”) before sending the order shall carefully read these General Terms and Conditions which will be accessible at any time by the same Customer, also through the link included in the confirmation email of each order to enable their reproduction and storing.
If the Customer requires the issuance of an invoice and/or in any case he/she is not a “consumer or user” as defined by the Consumer Code, the cancellation rights pursuant to Articles 7 and 8 of these General Terms and Conditions shall not apply, as well as the provisions that under the Consumer Code apply only to “consumers”.
The agreement entered into with NOW.HERE srl through this Website is governed by these General Terms and Conditions in accordance with the Italian law. English is the language used to enter into the agreement.
The features and the price of the products or services sold on the Website (hereinafter, “Product” or “Products”) are shown on the page relevant to each Product.
To purchase the Products the Customer shall fill in and send an order form in electronic format, following the instructions on the Website.
The Customer shall add each Product to an electronic “Basket” and, after reading and confirming the acceptance of General Terms and Conditions and Privacy Policy, s/he shall insert shipping and billing data (if any), select the desired method of payment and confirm the order.
By submitting an order from the Website, which has the value of a contractual offer, the Customer acknowledges and declares to have read all the information provided during the purchase procedure and to fully accept these General Terms and Conditions and the applicable terms of
payment.
The agreement entered into between NOW.HERW srl and the Customer shall be considered as concluded once NOW.HERE srl has accepted the order. Such acceptance is communicated to the Customer via an order confirmation sent over email to the Customer’s designated address containing the wording “Order Confirmation”, a reference to these General Terms and Conditions, the
order number, the shipping and billing data, the list of ordered Products with their essential characteristics and the total price, including delivery charges but excluding any import taxes or duties,
that shall be paid in full by the Customer. The Customer shall check the confirmation email and if he/she finds mistakes in the order, he/she shall have 12 hours from the receipt of such email to contact the Customer Service directly from the Website using the special contact
form, accessible in the section “Contact”. After this deadline, the order shall be processed and further changes will no longer be accepted, without prejudice to the Customer’s rights under section 7 below.
For avoidance of doubts, any emails sent by NOW.HERE srl to the Customer shall not be deemed as order acceptance confirmations unless they contain the wording “Order Confirmation”.
Once the order has been received, NOW.HERE srl shall check the availability of the stocks necessary to fulfil of the order. In the event that one or more of the Products are not available, the Customer Service of NOW.HERE srl shall timely send an email to the Customer who, within the next 12 hours, will have the right to reply in order to confirm the shipment of the Products available or cancel the order. If the Customer does not reply within this time limit, the order shall be considered as confirmed and the available Products shall be shipped. In this case the full amount relating to missing Products shall be reversed or, depending on the chosen payment method, not charged to the Customer. The Customer
shall be charged for a shipping cost normally charged for the Products actually shipped and reimbursed for the excess paid if any.
The Products information and features are available, with their related Product codes, on the Website.
The graphic representation of the Products on the Website, if available, normally corresponds to the photographic image shown together with the product description. It is understood that each image of each Product has the sole purpose of presenting the Product for sale, may not be perfectly representative of their characteristics and qualities, and may differ from the actual Products for characteristics such as, but not limited to, colour and/or size. In case of a difference between the image(s) and the Product description, the description shall prevail.
Product prices are inclusive of all taxes and fees due to the Italian State. Product prices are not inclusive of Import Fees, if any. Those Products for shipment to countries outside of the European Union may in
fact be subject to taxes, customs duties and fees levied by the destination country (“Import Fees”). The recipient of the shipment is the importer of record in the destination country and is fully responsible for all Import Fees. For the avoidance of any doubts, in no case NOW.HERE srl shall be deemed as responsible for the payment of the Import Fees.
The Customer may pay the price of the Products and their delivery costs by Credit Card or PayPal.
CREDIT CARD
The circuits on which it is possible to buy on the Website are:
Visa
MasterCard
American Express
In order to guarantee the maximum security, the Website checkout process has been designed in such a way that the Customer shall carry out the payment transaction directly on the Online Payment Service Provider secure server. The Online Payment Service Provider used by NOW.HERE srl to process the payments on the website is Stripe Inc., whose Terms and Conditions are reported under
https://stripe.com/it/legal/ and are deemed as read, understood and accepted by the Customer as integral part of NOW.HERE srl Terms and Conditions.
The Website does not store any Customer’s credit card number. The Payment Service Provider uses the SSL protocol to encrypt the transmitted data between its server and the Customer’s browser. The
Payment Service Provider is certified PCI level 1.
LINK – https://stripe.com/it/legal/ssa
PAYPAL
Once the order is confirmed, the Customer shall be redirected to PayPal’s website where he/she may carry out the payment with his/her account or by using an accepted card or in any other manner accepted by PayPal and in compliance with the PayPal relevant Terms & Conditions.
LINK: https://www.paypal.com/ga/webapps/mpp/ua/useragreement-full
APPLE PAY
In order to guarantee the maximum security, the Website checkout process has been designed in such a way that the Customer shall carry out the payment transaction directly on the Apple Payments inc.
secure server, whose Terms and Conditions are reported under https://www.apple.com/legal/applepayments/direct-payments/ and are deemed as read, understood and accepted by the Customer as integral part of NOW.HERE srl Terms and Conditions.
The Website does not store any Customer’s credit card number. The Payment Service Provider uses the SSL protocol to encrypt the transmitted data between its server and the Customer’s browser. The
Payment Service Provider is certified PCI level 1.
5.2 ORDER INVOICING
If the purchase is made by a professional it shall be possible to request the issuance of the invoice by sending a request to snowhere.coffeeroasters@gmail.com within 12 hours from the purchase. In that
case, the invoice shall be sent by email to the designated email address. The professional is responsible for the proper entry of the billing data and he/she is expressly informed that if no invoice request
is carried within 12 hours from the order, it may not be requested at a later stage.
Products purchased on this Website shall be delivered to the address indicated by the Customer during the purchase procedure in the field “Shipping Information”.
All purchases shall be delivered by courier (hereinafter, “Courier”) from Monday to Friday, except public holidays and national holidays. NOW.HERE srl is not responsible for unforeseeable delays or those which are not attributable to NOW.HERE srl. Once the Products are shipped, the Customer shall
receive a confirmation email, which may include a link to track the shipment.
Without prejudice to cases of force majeure or delays not attributable to GSC, the ordered Products shall be shipped within a period of 10 (fifteen) working days from the day following the day in which GSC confirmed the order to the Customer through a specific order confirmation email.
The delivery to the Customer’s designated address depends on the country of destination, on the Courier standard delivery time and on the country specific time to clear the import duties, if any. Therefore NOW.HERE srl does not guarantee a country specific delivery lead time and shall not be deemed responsible for any delays once the shipment has been taken charge by the Courier.
NOW.HERE srl
Via Caminadella 15
20123 Milan (Italy)
Upon receipt of the notice NOW.HERE srl Customer Service shall open a file for the management of the returned Products and communicate to the Customer the instructions relevant to the return of the Products.
The right of cancellation is subject to the following conditions:
The right applies to a product purchased in its entirety; therefore, if the product is composed of multiple components or parts the cancellation may not be exercised only on a part of the purchased product.
In case of exercise of the right of cancellation, NOW.HERE srl shall refund the customer the
full amount of the returned products, including the shipping expenses paid by the customer to NOW.HERE srl, if any, within 14 days from the date in which the notice of cancellation was received, without prejudice to the right of NOW.HERE srl to suspend the payment of the reimbursement until the actual receipt of the products.
The reimbursement shall be carried out using the same payment method used by the customer, unless he/she has specifically requested a different method.
The customer shall not be reimbursed for the shipping expenses related to the return of the product(s). In order to guarantee the return of the products pursuant to article 8 below, the products shall be packaged in the same box in which they were received. In addition to the cases indicated in article 1 above (customer not consumer, and/or requiring the invoice), the right of cancellation is explicitly
excluded in the following cases:
With reference to the above cases where the cancellation right is excluded, the Customer is aware and agrees that the categories above include the roasted and green coffees, either whole beans or ground, in any format or package. The features and qualities of these types of Products are in fact subject to change even as a result of improper storage and, in case of roasted coffees, are made (roasted) upon
specific order of the Customer. Therefore, for reasons of hygiene and for the protection of Customers, the right of withdrawal applies only to Products purchased on the Website that may be returned to NOW.HERE srl and re-marketed by NOW.HERE srl without any danger to the health of the consumers
(such as, but not limited to, gadgets, tools, utensils, etc.).
In the cases of exclusion of the right of withdrawal, NOW.HERE srl shall return the purchased Products to the Customer, charging the shipping costs to him/her.
Damage to the original seal of the products resulting from the control that the customs authorities are authorised to perform by law shall not be regarded to constitute lack of conformity or a defect.
The Customer loses these rights if he/she does not report the lack of conformity to NOW.HERE srl within seven calendar days from the delivery of the order by the courier, unless the Product by its nature is perishable or subject to expire in a shorter term, in which case the defect shall be reported within that reduced time. For avoidance of any doubts, the lack of conformity of Roasted Coffee shall be reported within 1 (one) week from the date of receipt.
Information relating to the Products provided through the Website are constantly updated. However, it is not possible to guarantee the complete absence of errors of which NOW.HERE srl may not be held responsible, without prejudice to cases of wilful misconduct or gross negligence.
NOW.HERE srl reserves the right to correct any errors, inaccuracies or omissions also after an order has been sent, or to change or update information at any time without prior notice, without prejudice to the rights of the Customer under these General Terms and Conditions and the Consumer Code.
Without prejudice to cases of wilful misconduct or gross negligence, every Customer’s right to compensation for damages or to the recognition of an indemnity is excluded, as well as any liability in contract or tortious liability for direct or consequential damages to persons and/or things, caused by the lack of acceptance or even partial fulfilment of an order.
NOW.HERE srl
Via Caminadella 15
20123 Milan (MI)
Italy
NOW.HERE srl is committed to reply to all requests received within a maximum of 10 working days.
The sale agreement between the Customer and NOW.HERE srl is governed by Italian law, without prejudice for the mandatory provisions of English law. For the resolution of disputes concerning the interpretation, execution or termination of these General Terms and Conditions or individual purchase
orders if the Customer is a consumer within the meaning of the Consumer Code, the Court of his/her place of residence or domicile shall have exclusive jurisdiction. Without any prejudice to the Court of
jurisdiction and the Consumer Code, the customer explicitly agrees that the Italian shall be the language for the arbitration. In all other cases, the territorial jurisdiction is exclusively that of the Court of Forlì, excluding any other competent court. The application of the United Nations Convention on Contracts for the International Sale of Goods is explicitly excluded.