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Art. 8 Withdrawal and Guarantee (extract from the general conditions of sale)
8.1 Right of withdrawal
In compliance with the provisions of the Consumer Code and current consumer provisions, the customer is expressly guaranteed the right to withdraw from the contract.
This right is limited only and exclusively to subjects who qualify as Consumers, in accordance with the provisions of the current provisions of the Consumer Code, i.e. to natural persons who have entered into the contract for purposes unrelated to any business or professional activity that may be carried out. By exercising their right of withdrawal, the consumer can return the purchased product and obtain a refund of the amount paid.
The right of withdrawal must be exercised within the 14 working days from the receipt of the goods.
The withdrawal is not validly exercised, and therefore does not give the right to a refund of the price, if the product is not returned substantially intact, such as in the cases of:
- lack of the original packaging (it is therefore recommended to keep the original packaging of the product at least until the expiry of the deadline for exercising the withdrawal);
- absence of integral elements of the product (accessories, cables, instruction manuals etc);
- goods returned damaged (it is advisable to return the product carefully packaged to avoid transport damage);
- state of conservation of the non-normal product;
- partial use of the product;
- open food packages;
The right of withdrawal can be exercised only with regard to the product purchased in its entirety; it is not possible to exercise withdrawal only on part of the purchased product.
In order for the right of withdrawal to be validly exercised, the Customer must strictly follow the steps listed below:
a) Within 14 working days of receipt of the goods, the Customer must be sent a communication to Zambernardi at the following address:
via Zircone , 143/145
58100 Grosseto (GR)
by registered letter with acknowledgment of receipt, attaching the downloadable withdrawal form completed in all its parts which communicates the express desire to withdraw from the contract. The withdrawal form, within the same term of 14 working days from the receipt of the goods, can be anticipated via PEC to firstname.lastname@example.org . In this case, the withdrawal must be confirmed by the Customer, within 48 hours, by sending the withdrawal form by registered letter with acknowledgment of receipt;
b) Within 14 days of sending the withdrawal form, the customer must send the goods to Zambernardi Srl - Via zircone, 145 - 58100 Grosseto, indicating in the package (also internally) the order number and the name and surname of the customer, including any order confirmations and receipts certifying that the withdrawal deadline has not been exceeded;
c) The customer must prepare the product, carefully packed in its original packaging (including the internal protections), avoiding damaging it with adhesive labels or other, complete with all the accessories supplied and with what was originally contained. If the product arrives at Zambernardi Srl damaged by transport, a reduction in value will be applied based on damage to the product itself, which could compromise its resale;
d) The goods must be returned exclusively by express courier as they are food items for which it is necessary to reduce transit times to a minimum. We recommend that you insure your shipment against theft, loss or damage in transit. If the product does not travel insured, in the event of damage or loss occurring during transport, Zambernardi Srl reserves the right to charge for any damage suffered;
e) The shipment by the Customer must be made exclusively by Express Courier within 14 days following the customer's communication of the right of withdrawal. Upon receipt of the goods, Zambernardi will verify its integrity and refund the customer the amount of the goods purchased. The refund of the total paid will be made with the same payment method used by the customer, only in the case of payment on delivery will the refund be made exclusively by bank transfer, to the current account indicated by the Customer in the withdrawal form. Zambernardi will send a refund within 14 days of receiving the customer's return from Zambernardi. (remember that the reimbursement varies according to the payment method used in the order phase, orders paid by credit card or paypal will be refunded by cancellation of the payment, the others by bank transfer). In the event of damage to the goods during transport, Zambernardi will notify the Customer of the incident (within five working days of receipt of the product in its warehouses), to allow the Customer to promptly file a complaint against the Courier chosen by him and obtain the refund of the value of the product (if insured by the Customer). Please note that in the case of coffee boxes or other products that are damaged, therefore with visible dents, tears, or other, the refund will be partial and in serious cases it is possible that the product is no longer marketable and therefore the customer will automatically lose the right to reimbursement for non-compliance with the conditions of return and integrity of the returned goods.
f. The return entitles you to reimbursement of the product and any transport costs paid for shipping the goods. Any additional costs for optional services requested when ordering such as payment on delivery, insurance, special deliveries, and return costs will not be reimbursed.
8.4 Defects of conformity, errors and warranty
8.4.1. Defects of Conformity
Zambernardi Srl is responsible towards the consumer customer (natural person who, in the stipulation of the contract, acted for purposes unrelated to any business or professional activity carried out) for any lack of conformity existing at the time of delivery of the goods (articles 128-135 of Legislative Decree No. 206 of 06/09/2005).
The legal guarantee in favor of the consumer covers defects of conformity, existing at the time of delivery of the goods, which occurred within two years of delivery of the goods. The lack of conformity must be communicated, under penalty of forfeiture, within two months from the date on which the consumer discovered the defect. The action against the seller is prescribed in any case within twenty-six months from the delivery of the goods. The warranty is not applicable, for example, in the event of negligence, neglect in the use and maintenance of the product, connection of the product to electrical systems or any other non-compliant type.
In the event of a lack of conformity, the consumer has the right to restore, without charge, the conformity of the goods by repair or replacement, or to an adequate reduction in the price or to terminate the contract, according to the provisions of art. 130 of Legislative Decree no. 206/2005.
The lack of conformity of the product must be strictly reported in the following ways:
a) Within two months from the discovery of the defect, the Customer must send the downloadable form , completed in all its parts, in which he requests the elimination of the lack of conformity to Zambernardi at the following address:
via Zircone , 143/145
58100 Grosseto (GR)
by registered letter or PEC at email@example.com ;
b) Upon receipt of the communication, the Zambernardi Srl Customer Service will contact the Customer to communicate the return methods;
c) The customer must prepare the product carefully packaged (possibly in its original packaging and in this case avoiding damaging it with adhesive labels or other) and complete with everything originally contained.
Zambernardi will send its own courier to collect the product at no additional cost to the customer. Once the product returned by the customer has been checked, Zambernardi will replace or repair it and proceed with the shipment of the product, except as provided by art. 130 of Legislative Decree no. 206/2005.
Zambernardi tries to carry out the aforementioned procedure in the shortest possible time trying to bring the least inconvenience to the customer.
For this purpose, Zambernardi makes use of the collaboration of primary transport companies that guarantee care, efficiency and speed of shipments; shipments are insured against damage and theft in order to guarantee maximum peace of mind for the customer.
Zambernardi informs its customers that the average time for carrying out the whole procedure (reporting, product pick-up, repair / replacement of the goods and return of the same) of approximately 25 days.
8.4.2. Warranty failure
In the event of a warranty fault, the procedure to be followed is the same as described in point 8.4.1. Zambernardi intervenes directly to repair or replace all the Zambernardi, Gimoka, Espresso Italia and Panafe branded equipment. For electronic equipment of other brands such as Bialetti, Saeco, Gaggia, WE.GA. and others, Zambernardi Srl makes use of the assistance service made available by the various manufacturers, therefore the customer can bring his device directly to the nearest assistance center, simply with the proof of purchase. Assistance is free of charge for all faults not attributable to negligence, neglect in the use and maintenance of the product, connection of the product to electrical systems or any other non-compliant type.
In case of shipping errors, Zambernardi will reinstate and / or replace the missing goods to the customer at his own expense if the value of the goods to be integrated is greater than € 15.00. In all cases where the value of the goods missing or to be replaced is less than € 15.00 Zambernardi Srl will issue a refund to the customer equal to the value of the goods missed and / or incorrect.