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of Alps Coffee srl, with registered office at 39020 – Parcines (BZ), Via Cutraun 62 Rablà, Tax Code / VAT No. 01371270214, registered in the Companies Register of the Chamber of Commerce of Bolzano, REA no. BZ – 116598, e-mail: info@alps-coffee.it, certified e-mail (PEC): info@cert.alps-coffee.it, Tel.: +39 0473 967700, represented by its duly appointed legal representative pro tempore (hereinafter also referred to as the “Seller”);
Whereas:
- the Seller operates the website www.alps-coffee.it (hereinafter also referred to as the “Website”);
- the Website is intended for commercial transactions between business and consumer (B2C);
- the expression “General Terms and Conditions of Sale (B2C)” refers to the sales contract concerning the Seller’s consumer goods, entered between the Seller and the Buyer within a distance selling system organized by the Seller;
- the trademark and logo associated with the Website are the exclusive property of the Seller;
- these Terms and Conditions govern online sales between the Seller and the Buyer, who expressly declares that the purchase is made for purposes unrelated to their commercial, industrial, craft or professional activity;
- to make purchases on the Website, the Buyer may choose either to register by creating a personal account or to proceed with an order as a Guest – therefore, both the customer registered with an account and the Guest are considered Buyers – and in both cases, complete, truthful and up-to-date data must be provided;
- the Buyer who chooses to register is responsible for the accuracy of the information provided and for safeguarding their login credentials;
- registration allows the Buyer to access dedicated commercial conditions, including – by way of example but not limited to – personalized discounts, exclusive offers, participation in loyalty programs, early access to promotions, and any other benefits made available on the Website;
- the type, duration and methods of use of such benefits may vary over time at the Seller’s discretion, without affecting orders already completed;
- Alps Coffee srl reserves the right to modify, suspend or discontinue at any time the advantages connected with registration, it being understood that such changes shall not affect orders already accepted and confirmed;
- the above recitals form an integral and substantial part of this contract;
the following is hereby agreed:
1. Subject of the Contract
1.1. These general terms and conditions, made available to the Buyer for reproduction and storage pursuant to Article 12 of Legislative Decree No. 70 of 9 April 2003, govern the purchase of products carried out remotely via telematic network through the Website owned by the Seller, 2 Alps Coffee srl, with registered office at 39020 – Parcines (BZ), Via Cutraun 62 Rablà, Tax Code / VAT No. 01371270214, registered with the Companies Register of the Chamber of Commerce of Bolzano under REA No. BZ – 116598, e-mail: info@alps-coffee.it, certified e-mail (PEC): info@cert.alps-coffee.it, Tel.: +39 0473 967700.
1.2. Under this contract, the Seller sells and the Buyer purchases remotely the products described and offered for sale on the Seller’s Website.
1.3. The main characteristics of the items sold under the previous clause are illustrated on the Seller’s Website.
1.4. The Seller undertakes to supply the selected products - within the limits of their availability -against payment of the consideration referred to in Article 3 of this contract.
2. Acceptance of the Terms of Sale
2.1. All purchase orders shall be submitted by the Buyer to the Seller through completion of the purchase procedure indicated on the Website.
2.2. These General Terms and Conditions of Sale and Privacy Notice must be reviewed online by the Buyer before completing the purchase procedure. Acceptance of the Terms of Sale must be expressed by properly completing all sections of the electronic form, following the instructions, and selecting the checkbox labelled “Acceptance of Terms of Sale” thereby fully accepting their content. The Buyer will also be presented with the “Privacy Notice” in relation to which they will be asked, where necessary, to grant or deny consent to the processing of personal data. Submission of the purchase order by the Buyer therefore implies full awareness and complete acceptance of the same.
2.3. The Buyer unconditionally accepts and undertakes to comply, in dealings with the Seller, with the general and payment terms described below, declaring that they have read and accepted all the instructions provided by the Seller pursuant to the aforementioned regulations, and acknowledging that the Seller shall not be bound by any different conditions.
3. Sales Prices and Purchase Procedures
3.1. The sales prices of the products and services displayed on the Website are expressed in euros and include VAT. The prices are indicative and subject to express confirmation by the Seller via e-mail, which constitutes acceptance of the purchase order. In any case, the Seller reserves the right to modify the prices on the Website.
3.2. The total cost of shipping and transportation to the Buyer’s address—including any expenses, taxes, duties, or customs charges incurred—shall be borne by the Buyer, except for any exceptions or special terms expressly publicized on the Website and/or communicated via e-mail. In any case, the costs will be communicated to the Buyer before the order is confirmed. For orders below €60 (sixty euros) including VAT, a fixed shipping fee of €8.00 (eight euros) including VAT will be charged.
3.3. The product selected by the Buyer from the electronic catalogue on www.alps-coffee.it 3 may be placed in the electronic cart without obligation. The contents of the cart may be viewed, modified, or deleted at any time. After confirming the cart, the Buyer must correctly complete the request form in all its parts and express their agreement to proceed with the online purchase. The order procedure may be interrupted at any time by closing the browser window.
3.4. Receipt of the order does not bind the Seller until the Seller has expressly accepted the order by sending a confirmation e-mail. Upon verifying the availability of the selected product or service, the Seller shall confirm and formally accept the order by e-mail, summarizing the main characteristics of the product or service.
3.5. The Buyer expressly grants the Seller the right to accept the order even only partially (for example, if not all ordered products are available). In such a case, the contract shall be deemed concluded only for the products sold.
4. Conclusion of the Contract
4.1. The contract concluded through the website is deemed completed when the Buyer receives the formal order confirmation by e-mail, through which the Seller accepts the order submitted by the Buyer and informs them that order processing may commence. For temporarily unavailable items, the Buyer will be informed by e-mail and/or telephone about the estimated delivery time.
4.2. The Seller informs the Buyer that each submitted order is stored in digital and/or paper format on the Seller’s server and/or at the Seller’s premises, according to criteria of confidentiality and security.
5. Payment Methods
5.1. Payment by the Buyer may only be made using one of the following methods:
- Payment via the online payment system PayPal
- Payment via the provider Stripe (Visa, Mastercard, Apple Pay, Google Pay)
- Advance payment by bank transfer (2% discount)
5.2. Until full payment for the products has been made, the products remain the property of the Seller.
5.3. Products will be shipped only after receipt of payment.
6. Delivery Methods
6.1. The Seller will deliver the selected and ordered products to the address indicated by the Buyer, in accordance with the procedures set out in the previous articles, via courier.
6.2. It is the Buyer’s responsibility to ensure that the delivery location is accessible to the delivery vehicle and that there is sufficient space for unloading.
6.3. Shipments normally take place within 2 (two) working days from the date of conclusion of the contract or payment being received. The delivery times indicated in the order confirmation are indicative and non-binding. Claims for damages or other rights related to delivery delays are excluded. If the Seller is unable to ship within the indicated timeframe, the Buyer will be promptly notified via email.
In the event of force majeure or similar unforeseeable circumstances that may extend delivery times (force majeure events such as accidents, explosions, fires, strikes and/or lockouts, earthquakes, floods and other similar events that prevent, in whole or in part, execution of the contract within the agreed timeframe), the delivery period will be extended for the duration of the event. Should performance become impossible or excessively burdensome due to any of the aforementioned reasons, the Seller is entitled to withdraw from the contract.
In the event of delivery delays caused by the Buyer, the Buyer assumes the risk and costs of storage from the moment the goods are ready for delivery.
6.4. Each order from the Buyer is accepted subject to the possibility of delivery. In the event of delivery impossibility not attributable to the Seller, the Seller may withdraw from the order. In such cases, any claim for damages due to non-performance is excluded.
6.5. The Seller shall not be liable for delays or failed delivery resulting from incorrect or incomplete communication of the address by the Buyer.
6.6. Upon receipt of the products, the Buyer is required to verify that the delivered product complies with the order placed; only after such verification should the delivery documents be signed. If any damage and/or deterioration of the products occurred during transport, both the carrier and the Seller must be notified immediately.
6.7. Each shipment is expressly carried out on behalf of and at the risk of the Buyer.
6.8. Delivery is available to the following countries: Estonia, France, Greece, Ireland, Lithuania, Luxembourg, Netherlands, Poland, Portugal, Sweden, Slovakia, Slovenia, Spain, Czech Republic, Hungary.
7. Limitations of Liability
7.1. The Seller accepts no liability for delays or failure to deliver products due to force majeure events such as accidents, explosions, fires, strikes and/or lockouts, earthquakes, floods, legal or regulatory restrictions, or other similar events that prevent execution of the contract, in whole or in part, within the agreed timeframes.
7.2. The Seller shall not be liable towards the Buyer, except in cases of willful misconduct or gross negligence, for malfunctions or disruptions related to internet usage that are beyond the Seller’s control.
7.3. The Seller shall not be liable to any party or third party for damages, losses, or costs incurred as a result of non-performance of the contract due to the aforementioned causes.
7.4. The Seller accepts no responsibility for any fraudulent or unlawful use by third parties of credit cards, checks, or other payment methods used for purchasing the products, provided it demonstrates that it has adopted all possible precautions based on the best current knowledge, experience, and ordinary diligence.
8. Legal Warranty and Customer Support
8.1. The Seller markets exclusively high-quality products. In case of questions, complaints or 5 suggestions, the Buyer must promptly contact the Seller at the following addresses: e-mail: info@alps-coffee.it, Certified email (PEC): info@cert.alps-coffee.it, Phone: +39 0473 967700. Any complaints must be submitted before the product’s expiration date. The warranty becomes void if these deadlines are not respected. To ensure rapid handling of questions, complaints or suggestions, the Buyer must clearly describe the issue and, if applicable, attach order documents or provide the order number, customer number, etc. In the event of a defect or dispute, the Seller will act promptly to resolve the issue as soon as possible. Waiting times are not the Seller’s responsibility. Returned defective products become the property of the Seller.
8.2. The legal warranty is limited to delivered products and consists solely of the return of the defective product due to a verified material defect and its free replacement with a new product. The legal warranty is excluded in cases of improper storage, in cases related to transport, or for other causes not attributable to the Seller.
8.3. The products covered by this contract must be used, stored, etc., in accordance with the instructions provided in the description of each specific product.
9. Obligations of the Buyer
9.1. The Buyer undertakes to pay the price of the purchased product and/or service within the timeframes and according to the methods indicated in these general conditions.
9.2. The Buyer is strictly prohibited from entering false and/or invented and/or fictitious data during the registration process via the appropriate electronic form. Personal details and the email address must correspond to the Buyer’s real personal information and not to that of third parties or fictional entities. The Buyer therefore assumes full responsibility for the accuracy and truthfulness of the data provided in the electronic registration form, which is required to complete the purchase procedure.
9.3. The Buyer releases the Seller from any liability deriving from the issuance of incorrect fiscal documents due to errors related to the data provided by the Buyer, who is solely responsible for inserting such data correctly.
9.4. At the time of purchase, the Buyer expressly declares that they are of legal age and fully capable of entering into legally binding agreements. Furthermore, the Buyer guarantees the authenticity of the documents and information submitted to the Seller for the execution of this contract. The Buyer also undertakes to ensure that the goods are received personally or by adults duly authorized for this purpose.
10. Right of Withdrawal
10.1. The right of withdrawal is expressly excluded for the supply of sealed goods (including coffee) that are not suitable for return for hygienic or health protection reasons and that have been opened after delivery. It is also excluded for customized products.
10.2. For products for which the right of withdrawal is not excluded, the Buyer has the right to withdraw from the concluded contract, without penalty and without providing any reason, 6 within 14 (fourteen) days from the date of receipt of the purchased product. Any withdrawal request must be addressed to Alps Coffee srl, registered office at 39020 Parcines (BZ), Via Cutraun 62 Rablà, Tax Code / VAT No. 01371270214, registered with the Bolzano Chamber of Commerce, REA no. BZ – 116598, email: info@alps-coffee.it, PEC: info@cert.alps-coffee.it, Tel.: +39 0473 967700.
10.3. Should the Buyer decide to exercise the right of withdrawal, they must inform the Seller of their decision by submitting an explicit declaration (for example, a letter sent by registered mail, email or PEC).
10.4. To comply with the withdrawal period, it is sufficient to send the notification concerning the exercise of the right of withdrawal before the expiry of the withdrawal period. The burden of proof regarding the exercise of the right of withdrawal, in accordance with this article, lies with the Buyer.
10.5. The return of the goods must occur without undue delay and in any case within 14 (fourteen) days from the date on which the Buyer informed the Seller of their decision to withdraw from the contract. The Buyer shall be liable only for any decrease in the value of the goods resulting from handling other than what is necessary to establish the nature, characteristics, and functioning of the goods.
10.6. A Buyer who exercises the right of withdrawal pursuant to this article must bear the direct cost of returning the goods to the Seller.
10.7. The Buyer who exercises the right of withdrawal in accordance with the terms established will be reimbursed for all payments made, including delivery costs, except for additional costs resulting from the Buyer’s expressly chosen method of delivery other than the least expensive standard delivery offered by the Seller. These amounts shall be refunded without undue delay and in any case within 14 (fourteen) days from the day on which the Seller was informed of the Buyer’s decision to withdraw, using the same means of payment used by the Buyer for the initial transaction, unless otherwise expressly agreed by the Buyer. Unless the Seller has offered to collect the goods directly, the Seller may withhold the refund until they have received the goods or until the Buyer has provided proof of having returned the goods, whichever occurs first.
10.8. Upon receipt of the communication in which the Buyer informs the Seller of the exercise of the right of withdrawal, the Parties are released from their mutual obligations, without prejudice to what is provided in this article.
11. Express Termination Clause
11.1. The obligations set forth in Article 9, assumed by the Buyer, are essential. Therefore, by express agreement, failure to perform even one of these obligations—unless due to unforeseeable circumstances or force majeure—will result in automatic termination of the contract by law, without judicial intervention, without prejudice to the Seller’s right to claim damages, provided that such failure is not caused by unforeseeable circumstances or force majeure. Any tolerance of non-performance by the Seller shall not constitute a waiver of the Seller’s right to terminate the contract ipso iure.
12. Communications
12.1. Except where expressly indicated or required by law, communications between the Seller and the Buyer will preferably take place via email to their respective electronic addresses, which both parties agree to consider a valid means of communication whose production in court may not be challenged solely due to their electronic nature.
12.2. Written communications to the Seller, including any complaints, will be deemed valid only if sent to the following address: Alps Coffee srl, 39020 Parcines (BZ), Via Cutraun 62 Rablà, Tax Code / VAT No. 01371270214, Bolzano Chamber of Commerce REA no. BZ – 116598, email: info@alps-coffee.it, PEC: info@cert.alps-coffee.it, Tel.: +39 0473 967700.
12.3. Either party may change their email address for communication purposes under this article at any time, provided timely notice is given to the other party in accordance with the preceding clause.
13. Processing of Personal Data
13.1. Pursuant to Article 13 of Regulation (EU) 679/2016 regarding the processing of personal data, the data controller is Alps Coffee srl, registered office in 39020 Parcines (BZ), Via Cutraun 62 Rablà, Tax Code / VAT No. 01371270214, Bolzano Chamber of Commerce REA no. BZ – 116598, email: info@alps-coffee.it, PEC: info@cert.alps-coffee.it, Tel.: +39 0473 967700.
13.2. The personal data provided by the Buyer will be processed and stored in paper and/or digital form. Data processing will be carried out for the following purposes and may be transmitted to external processors (e.g., accountants, auditors, couriers): order management, product delivery, and any associated obligations.
13.3. Personal data will be stored for the time necessary to fulfill the service and in compliance with civil and tax regulations.
13.4. Data will not be transferred to non-EU third countries.
13.5. Pursuant to Articles 15 et seq. of the GDPR, the Buyer has the right at any time to request information about their data, as well as its deletion, correction, updating, integration, or revocation.
13.6. The data controller does not use automated decision-making processes.
13.7. The detailed privacy policy is available on the Website.
14. Dispute Resolution and Competent Court
14.1. In the event of disputes arising from or related to this contract, the Parties undertake to seek an equitable and amicable settlement.
14.2. If the dispute is not amicably resolved, it may be brought at any time before the exclusive jurisdiction of the court in the district where the Buyer is domiciled.
15. Applicable Law and Referral
15.1. This contract is governed by Italian law. In the case of a sales contract between a Buyer domiciled in an EU Member State other than Italy and the Seller, this does not exclude the application of the law of the EU Member State in which the consumer is domiciled, provided 8 that such law offers broader protection to the consumer.
15.2. For all matters not expressly provided for herein, the applicable legal provisions governing the relationships and situations contemplated in this contract shall apply.
16. Final Provisions
16.1. This contract supersedes and replaces all previous written or oral agreements, understandings, or negotiations between the parties regarding the subject matter hereof.
16.2. Any invalidity of specific clauses shall not affect the validity of the entire contract.
16.3. These general terms and conditions of sale have been drafted in Italian, German and English. In the event of interpretative difficulties, the parties agree that the Italian version shall prevail.