GENERAL CONDITIONS OF SALE
Carpigiani Group - Ali Group S.r.l., a world leader in the supply of professional equipment and accessories for the production of artisan ice cream (“gelato”) and soft ice cream, has always been focused on providing its customers with high quality service. The creation of the e-Shop is another step in a journey to improve this experience, with the goal of offering professional customers the ability to purchase machines, accessories, services and consumables easily and quickly.
Reading and accepting these general conditions of sale is an essential requirement for accessing the Carpigiani e-shop through the website https://shop.carpigiani.com
”), and using the services therein. Once accepted, these conditions will apply to all orders placed by Buyer through the Website, without the need to accept them each time.
, as well as our general conditions of sale. Failure to read and accept them will not allow you to access the Carpigiani e-Shop.
These policies and conditions may be updated from time to time and will remain accessible through the Website at all times, should you need to read them again at any time. 1. Geographical area
The e-Shop is accessible only to registered professional customers, residing in one of the following countries:
* Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, France, Germany, Greece, Hungary, Ireland, Italy, Luxembourg, Malta, Netherlands, Portugal, Romania, Slovakia, Slovenia, Spain (Canary Islands excluded) (jointly, the “Territory
Products ordered on the Website can only be delivered to the Territory. 2. The buying and selling parties
These general terms and conditions govern and regulate the sale of products (e.g., batch freezers, spigot doors, cone counters, scrapers, pump gears, etc.) or machines (collectively, the "Products"), as well as services (e.g., extended warranty) under the Carpigiani® brand, through the e-Shop accessible through the website https://shop.carpigiani.com
For the purposes of these conditions, the term Seller identifies and designates Antherica s.r.l. with registered office in Via Passo Buole 82, 42123 Reggio Emilia (RE), no. REA 247698, Tax no., registration with the Companies' Register and VAT no. 02058130358 as the Carpigiani Group - Ali Group S.r.l. dealer in charge of managing the e-Shop and therefore of receiving and fulfilling orders, as well as issuing the relevant invoice, in accordance with the provisions of the law in force.
The term Buyer means and designates the customer - professional operator residing in the Territory, having a European VAT number or equivalent who purchases one or more Products through the e-Shop. 3. Contract procedure and execution
The Products are offered for sale through the e-Shop, so that Carpigiani Group - Ali Group S.r.l.'s customers can evaluate their characteristics, know or obtain their price and decide to purchase them, by forwarding an appropriate order proposal to the Seller and paying the price in full.
Carpigiani reserves the right to limit, at any time, the quantity and/or type of Products and/or services that can be purchased from the Website. Their availability can therefore change at any time.
Upon receipt of the order proposal and payment of the price, the Seller - upon verification of the actual availability of what has been requested - will send the Buyer, where necessary, instructions for making payment by bank transfer, upon receipt of which it will issue an order confirmation, indicating, where possible, the time of delivery of the ordered Product.
The choice of method of payment may affect the timing of the issuance of the order confirmation and thus the handling of the shipment. Delivery times may vary depending on the Product ordered, its availability, and Buyer's geographic location within the Territory.
The issuance of the order confirmation, upon payment in full of the Price, shall constitute acceptance of the order proposal by the Seller, and shall define and finalize the contract of sale and purchase between the Seller and the Buyer, with the related transfer of ownership of the goods (even at a later time).
Once the payment of the price has been received through the permitted means and the order confirmation has been issued, the Seller will arrange the shipment of the ordered Product, on the first working day in Italy (Monday to Friday). Shipment will be coordinated directly by Carpigiani Group - Ali Group S.r.l. using its authorized carrier and/or by any of its authorized distributors and delivered directly to the address indicated by Buyer.
Shipping costs are the responsibility of the Buyer and will be specified on the relevant invoice. Nonetheless, Carpigiani Group - Ali Group S.r.l. may, from time to time, eliminate such charges if order proposals exceed a certain amount. 4. Order Proposal
Order proposal can only be made by registered users.
To place an order proposal and therefore be able to purchase certain Products (services/consumables/accessories) through the Site, it is essential to have the serial number of the machine for which the purchase is intended, with the specification that the same service/consumable/ accessory can also be compatible with machines having different serial numbers.
Once the category of the product to be ordered has been selected, the Buyer can select one or more items of its their interest, placing them in their its shopping cart and proceed to purchase after entering the serial number of the machine for which the purchase of the chosen service/consumable/accessory is intended. The machine serial number will make it easier for the user to identify the appropriate accessories, services and consumables that are compatible with a model.
If the user cannot find or is not in possession of the serial number of his/her machine, by filling in a special mask on the Website, he/she will subsequently be contacted by Carpigiani Group - Ali Group S.r.l., including through one of its distributors or appointees.
Each proposed order is governed by and is subject to these general conditions of sale, which are and shall therefore be deemed to be automatically incorporated therein. 5. Order Confirmation
The order proposal must always be accompanied by full payment of the price for the items ordered, as shown in the e-Shop from time to time. If payment is deferred for any reason (e.g., where payment is made by wire transfer), the order confirmation cannot be processed until the price is actually credited.
The order proposal may always be revoked prior to receipt of the order confirmation. However, upon receipt of the order confirmation the contract of sale shall be, and must be deemed to be, entered into between the parties, without the possibility of withdrawal, except as later specified with respect to faulty or defective Products.
The right of withdrawal under Italian Legislative Decree 206/2005 (Consumer Code) does not apply to these general conditions of sale, as they are inherent to a relationship between professional operators (B2B).
The order confirmation defines and confirms the price.
Each order confirmation is governed by and is subject to these general conditions of sale, which are and shall therefore be deemed to be automatically incorporated therein. 6. Pricing, payment, currency and billing
Prices are variable, as they can be influenced by various factors and circumstances, including those of a transitory nature.
All Product prices shown on the Website include standard packaging costs. If you have special needs or require specific packaging, please indicate this to the Seller when placing your order, which may involve an additional charge.
All prices are exclusive of VAT.
Payments must be made in euro (EUR), by bank transfer, or other methods indicated on the Website using the information therein. Subsequent to the receipt of payment, within the terms prescribed by law, the Seller shall issue a regular invoice in accordance with the provisions in force from time to time in the Territory.
Payments must be accurate and exact, without rounding off of any kind. Receipt of incomplete or inaccurate payment will not allow the Seller to process the order, causing delays in shipment of the ordered Products or activation of the requested services.
In the case of payment by bank transfer, or other instruments indicated on the Website, payment must be made at the same time as sending the order proposal, or it will be impossible to fulfill it and send the corresponding order confirmation, pursuant to the foregoing.
If payment is made by bank transfer, the Buyer must indicate the "SWIFT" and "IBAN" codes in the order form, specifying as the reason for payment at least the following details:
• number of the order proposal
• date of the order proposal
• customer code.
A copy of the receipt relating to the bank transfer order may also be forwarded to the Seller by e-mail, to the following address: firstname.lastname@example.org
, in order to expedite the process of fulfilling the order proposal. The processing and crediting time of a wire transfer can take up to 5 (five) business days from its execution date. This time frame shall be taken into account by the Buyer for the purpose of shipping the Products.
In case of payment by bank transfer, failure to receive the credit within 10 (ten) working days from the date of the order proposal will result in the automatic cancellation of the same with automatic forfeiture and deletion of the order proposal.
All costs and expenses (including any bank fees) associated with the wire transfer and as may be charged to Buyer from time to time by its bank shall remain the sole responsibility of Buyer.
Any fluctuations related to currency and exchange rates (where payment is made from an account not denominated in EUR) remain the responsibility of the Buyer.
For Italian customers, courtesy invoices (not having any fiscal value) will be sent by the Seller via e-mail and uploaded in copy to the respective personal area accessible through the Website. Instead, invoices having fiscal value will be automatically delivered to the relevant online tax file identifiable by VAT number and recipient code.
For foreign customers, invoices (having fiscal value) will be sent by the Seller both via e-mail and uploaded in copy to the respective personal area accessible through the Website. 7. Shipping and tracking
Shipments are usually traceable through carriers' websites or other means of communication.
The preparation of transport documents (waybill, transport document, etc.) is the responsibility of Carpigiani Group - Ali Group S.r.l.
Upon receipt and delivery of the Products, the Buyer is required to check: (i) that the number of packages being delivered corresponds to the number indicated in the consignment note; (ii) that the packaging and its seals are intact, undamaged, not wet or altered in any way.
Any damage to the packaging and/or the Products, or mismatch in the number of packages or instructions must be immediately reported in writing on the carrier's/shipper's consignment note, scrupulously indicating and noting the reasons for conditional acceptance.
The risk of product loss or damage is transferred to Buyer at the time Buyer (or a third party designated by Buyer) takes physical possession of the Products.
Shipping costs are calculated at the same time as the order proposal is passed.
Shipments are usually free of charge for orders over a certain amount, as specified from time to time on the Website, exclusive of discounts, promotions, coupons, etc.
However, in case of remote or difficult to reach locations (e.g., islands, mountain areas, inaccessible or poorly served areas) the Buyer may have to pay an additional charge, regardless of the value of the order passed and confirmed.
Where possible, such extra charge will be quantified by Seller and communicated in writing to Buyer generally within 2 (two) business days after order confirmation or at any rate before shipment of the ordered Products. 8. Assistance
Carpigiani Group - Ali Group S.r.l. provides assistance to its customers, who have registered on the e-shop, through a dedicated form accessible through the Website.
The Carpigiani Service Department is available during the following hours, Monday through Friday, 9:00 a.m. to 6:00 p.m., and staff can communicate in Italian and English. 9. Reception and inspection: Evident Faults
Upon receipt of the Products ordered, the Buyer has the burden of verifying their correspondence to what was ordered, their integrity and condition by photographically documenting these circumstances.
Should the Buyer notice any discrepancies, defects or flaws in the items delivered (the "Evident Faults
"), s/he shall promptly inform, in any case no later than 8 (eight) days from receipt of the Products under penalty of forfeiture, Carpigiani Group - Ali Group S.r.l. and the Seller, attaching evidence and a brief description of the defects found, by means of the appropriate form on the Website.
In this case, having ascertained the Evident Faults, Carpigiani Group - Ali Group S.r.l. will activate the return procedure, proceeding to the replacement or reimbursement of the defective or damaged item, according to the procedure indicated below.
After this period has expired to no avail, the Products shall be deemed accepted and conforming, except in the case of Latent Faults, with respect to which the legal warranty of 1 (one) year from delivery shall apply. 10. Latent Faults
In the event of defects or faults, in one or more Products received, which cannot be discovered, recognized or seen immediately, pursuant to the preceding provision (the "Latent Faults
"), and after giving evidence thereof by filling out the relevant form, according to the procedure indicated on the Website, the Buyer shall promptly inform, in any case no later than 8 (eight) days from their discovery under penalty of forfeiture, Carpigiani Group - Ali Group S.r.l. and the Seller.
Upon receipt of the report and examination of the request, Carpigiani Group - Ali Group S.r.l. will indicate to Buyer the party to whom the Products affected by Latent Faults must be shipped. Shipping costs will be borne by the Buyer.
Without prejudice to the term of 8 (eight) days from the discovery of Latent Faults indicated above, the report of any defect, non-conformity or fault in the Products shall be made by the Buyer, no later than 1 (one) year from their delivery, i.e. within the term of validity of the legal warranty.
After this period has expired, since the warranty is no more valid, any request for repair or replacement will be the sole responsibility of the Buyer.
Upon receipt of the documentation and the Products assumed to be flawed or defective, Carpigiani Group - Ali Group S.r.l. will inspect them to ascertain the nature and type of the defect and/or fault found.
In the event of a positive outcome of the inspection, Carpigiani will contact the Buyer inviting him/her to choose between a refund of the price paid or replacement of the flawed or defective item, with reimbursement of the standard return shipping costs, in accordance with the legal warranty.
The refund will be arranged using only the means of payment employed by the Buyer in the order proposal. 11. Returns
Having discovered an Evident Fault or a Latent Fault in accordance with the above provisions, and within the terms indicated above, needing to make a return with replacement of the defective item at the request of the Buyer, Carpigiani Group - Ali Group S.r.l. will operate according to the following procedure, depending on whether the item is a machine or consumable/accessory.
Machine: upon receipt of the Buyer's communication with evidence and resulting documentation (photos, videos, etc.), within the next 10 (ten) working days, Carpigiani Group - Ali Group S.r.l. shall send its own trusted technician to the site in order to ascertain the existence or non-existence of the defect found in the machine assumed to be defective, trying to repair and/or rectify it. Should the intervention be unsuccessful, the technician will activate the procedure of withdrawal and replacement of the machine in agreement with Carpigiani Group - Ali Group S.r.l.
Consumable/accessory: upon receipt of the Buyer's communication with evidence and supporting documentation (photos, videos, etc.), within the next 10 (ten) working days, Carpigiani Group - Ali Group S.r.l. will examine the Buyer's request, if necessary providing directly the latter the instructions for the return and replacement of the component assumed to be defective.
The return and/or refund procedure does not apply to services, as their purchase is irreversible. 12. Legal warranty
Carpigiani Group - Ali Group S.r.l. warrants its Products to be free from defects and faults for 1 (one) year from the date of delivery, without prejudice to the mandatory terms indicated above for reporting defects. 13. Limitation of liability
Without prejudice to the legal warranty set forth in the preceding paragraph, the only remedies available in the event of defects or faults in the product ordered shall be repair, replacement or refund (in whole or in part) of the price paid.
In no event shall the liability of Seller and/or Carpigiani Group - Ali Group S.r.l. exceed the price of the Product or service purchased and paid for by Buyer.
In any case, compensation for loss of profit is expressly excluded, with the consequence that neither the Seller nor Carpigiani Group - Ali Group S.r.l shall be liable for any losses suffered by the Buyer, its loss of profit (e.g. machine downtime) as well as any other emerging loss or damage not reasonably foreseeable at the time of the finalization of the contract. 14. Customs duties and charges
In case of deliveries outside Italy, the Buyer may be subject to payment of import duties and/or taxes, payable once the ordered Product arrives at destination. These burdens fall under the Buyer's sole responsibility and competence.
Buyer acknowledges that charges may not be immediately quantified or quantifiable at the time of order confirmation, depending on the tax and customs authorities of the country of delivery.
Neither the Seller nor Carpigiani Group - Ali Group S.r.l. Can control or predict the amount of such charges, which may, however, be requested to the Buyer by the territorially competent customs office.
Buyer agrees and acknowledges that non-payment of customs charges could result in delay or inability to proceed with delivery of the ordered Products, at a cost to Buyer. 15. Intended use
Products purchased on the e-Shop are intended only for your own professional use and not for resale.
The Buyer purchases the Products as an end customer to meet his or her own or his or her company's professional needs. 16. Import verifications
By placing the order proposal, Buyer declares that he/she is aware of the customs regulations applicable to importers in the country where he/she resides and/or the country where he/she wishes delivery to be made.
Buyer further represents and accepts that Products transiting through customs may be subject to checks, verifications and inspections by the competent authority for which Buyer shall be responsible. 17. Personal data processing
and with its associated disclosure on the processing of personal data, the reading and acceptance of which is an essential requirement for registration to the Website and the related use of services.
. 18. Applicable law and jurisdiction
These general conditions of sale are governed by Italian law.
Any dispute relating to these general conditions of sale, and in general to the use of the Website, shall be under the exclusive jurisdiction of the Court of Bologna (Italy), to the exclusion of any other competing forum, except as follows.
However, Carpigiani Group - Ali Group s.r.l. shall have the right to unilaterally derogate from the jurisdiction of the Court of Bologna (Italy), where it deems it appropriate, choosing an alternative court, including abroad, in accordance with the general criteria on jurisdiction and competence. 19. Representation
These general conditions of sale are accepted by a legal representative of the Buyer having been granted the necessary powers. By accepting them, the Buyer expressly declares this to the Seller, binding herself or himself to comply with them. 20. Entire conditions
, and all associated disclosures should be read and interpreted as a single body of contract for the purpose of accessing and using the Website.
However, in case of discrepancy or conflict between these provisions, the specific conditions will prevail over the general conditions. 21. Acceptance
I have read in full, understood and therefore accept all these general conditions of sale.
Pursuant to the provisions of articles 1341-1342 of the Italian Civil Code, I declare that I expressly accept the provisions set forth in the clauses specified below, having read and understood their contents:
Expressly accepted provisions
- Delivery of products only within the Territory.
Contract procedure and execution
- Variable product availability.
- Variable delivery times.
- Liability for shipping costs.
- Advance payment of the price and its confirmation.
- Inapplicability of the right of withdrawal under Italian Legislative Decree 206/2005.
Pricing, payment, currency and billing
- Price variability, requirements and forfeiture for payments.
- Exact payments and no rounding off.
- Payments by wire transfer and timing.
- Cancellation of order proposal if payment is not received.
- Banking, financial (e.g., exchange rates) and tax charges borne by the Buyer.
Shipping and tracking
- Burden of inspection upon receipt of Products.
- Time and manner of conditional acceptance with remarks written on consignment note.
- Additional charges for shipping and delivery in case of remote or hard-to-reach locations.
|9. ,10. , 12.
Reception and inspection:
- Limitation of liability and reporting methods.
- Product acceptance.
- Expiration of terms.
- Duration of legal warranty.
- Timing and method of return and replacement.
- Burden of documentation lying on Buyer.
- Irreversible purchase of services
Limitation of liability
- General limitation to the price paid for the purchased Product or Service.
- Exclusion of loss of profit
- Exclusion of consequential damage not reasonably foreseeable, subject to the compensatory limit mentioned above.
Customs duties and charges
- Burden of paid check lying on Buyer.
- Consequences arising from their non-payment.
- Exclusively professional, not for resale.
- Buyer's burden and liability to know the customs regulations applicable from time to time.
Applicable law and exclusive jurisdiction
- Italian law.
- Bologna court.
- Carpigiani Group – Ali Group s.r.l.’s faculty to make derogations.
- Buyer's statement regarding powers of representation and acceptance of obligation.
- Unique body of conditions and reference to other documents.
Express acceptance of some clauses of the general conditions of sale
- Double acceptance and dedicated acceptance.
Double acceptance is done by electronic ticking during initial registration.