General notes

Ne.Mi Snc di Negretto Marta e Mirandola Cristina with registered office in Via Genova 11 – 37051 Bovolone VR – email: hello@nemiwebdesign.com share capital €5,000.00 (fully paid up), registration number with the Verona Company Register (REA): VR-441393, tax code and VAT number 04693520233 (hereinafter “Ne.Mi”) makes available to all users the possibility of purchasing Cocuma brand products (hereinafter also “products”) on the Internet, through the site www.cocumacaffe.com (hereinafter “site”), of which it is the distributor.

These general terms and conditions of sale are governed by the Consumer Code (Legislative Decree no. 206/2005 and subsequent amendments and additions), section II, Distance Contracts (Articles 50 – 67) and the rules on electronic commerce (Legislative Decree no. 70/2003) and apply exclusively to the sale of products via the Internet, as identified and listed in the relevant section of the site.

The customer is invited to print out or store these general terms and conditions as he/she sees fit. In the event of changes to the general conditions, the general conditions published on the site at the time the customer sends the order shall apply to the purchase order.

In the event that the person making purchases on the site requires an invoice to be issued and/or is not a “consumer or user” as defined in art. 3, paragraph 1, letter a), of the Consumer Code, the specific rules on withdrawal of these general conditions or, more generally, the provisions that under the Consumer Code apply only to “consumers” shall not apply.

The contracts concluded with Ne.Mi. through the site are governed by these general conditions in accordance with Italian law. The language available to conclude the contract is Italian, English, German and French.

The products and their prices presented on the site constitute an offer to the public in accordance with the procedures set out in the General Conditions and on the site itself. The conditions of this offer apply exclusively to purchases made on the site. The purchase contracts (hereinafter referred to as “contracts”) stipulated on the site are concluded with Ne.Mi.

By sending electronic confirmation of the purchase order, the client unconditionally accepts and undertakes to observe the general conditions and payment terms transcribed below in his dealings with Ne.Mi, declaring that he has read and accepted all the indications provided to him in accordance with the above-mentioned regulations, and also acknowledging that Ne.Mi does not consider itself bound to different conditions unless previously agreed in writing. The Customer also declares the truthfulness of the data entered during registration and declines Ne.Mi from any responsibility due to the inaccuracy of such data.

All prices shown on the website are in Euros and include VAT, taxes and duties.

Delivery costs (hereinafter referred to as “delivery costs”) are always excluded and borne by the customer and adequately highlighted in the purchase order (hereinafter referred to as “purchase order”).

The price shown on the website at the time the order is placed applies to the products, without taking into account any previous offers or price changes that may have occurred subsequently.

By ordering products on the site, the customer declares and guarantees that: a) is legally able to contract or has parental authorisation to make a purchase on the site. b) Order products for use on a purely personal basis. It undertakes not to market, resell or distribute the products in any way to third parties for non-private and in particular non-commercial purposes. The seller shall be exempt from any verification and liability insofar as the customer’s declarations are true.

In order to place an order, it is necessary to register by entering the e-mail address, valid as customer code, together with the chosen password, this will allow the recognition by the system of the customer and access to the Ottobono personal area, you will have to use the “Electronic Cart” following the instructions that will be indicated during the execution. The order consists of the summary page, which you can access after pressing the “place order” button, which you must print and keep.

The Customer can only purchase the products present on the Cocuma Caffè website at the time the order is placed and viewable online at www.cocumacaffe.com, as described in the relevant product sheets. It is understood that the image accompanying the description of a product is purely indicative and may not be perfectly representative of its characteristics; the images and colours of the products offered for sale on www.cocumacaffe.com.

The customer completes the order process correctly if the website does not show any error message (the system cannot detect errors in the data entered by the customer in the invoicing and shipping address field).

The contract stipulated between Ne.Mi and the customer must be considered concluded with the acceptance, even partial, of the order by Ne.Mi. Such acceptance shall be deemed tacit unless otherwise communicated to the customer in any manner whatsoever.

Correct receipt of the order is confirmed by Ne.Mi by means of an e-mail reply “order confirmation”, sent to the e-mail address provided by the customer. This confirmation message will contain the date and time of execution of the order and a ‘customer order number’, to be used in any further communication with Ne.Mi. The message contains all the data entered by the customer, who undertakes to check that they are correct and to communicate any corrections promptly, as described in this document. In the event of non-acceptance of the order, Ne.Mi guarantees prompt notification to the customer. Ne.Mi reserves the right to cancel orders considered unrealistic without prior notice. In this case, if the customer has made the payment and it has already been credited, Ne.Mi will immediately cancel the total amount of the order.

Ne.Mi invites the client to verify with the utmost care and attention the correctness of the data contained in the order confirmation and to inform Ne.Mi within 24 (twenty-four) hours of receiving it of any corrections. It is possible that there may be occasional non-availability of the products offered, in which case, if the products chosen by the customer are not, in whole or in part, available, Ne.Mi will notify the customer within 2 working days.

Product availability can be checked by consulting the Cocuma Caffè catalogue directly. If the quantity indicated in the order is not currently available, or a product is out of stock due to multiple orders, the customer will be contacted promptly by customer service and can decide whether to wait for the product to arrive, replace it with another product or, in the case of payment by credit card, request a refund on that card for the value of the product.

Whichever method of payment is chosen, only the actual value of the goods delivered to the customer will be charged.

Prices, features and availability of products may change without notice.

In any case, any right of the customer to damages or compensation, as well as any contractual or extra-contractual liability for direct or indirect damage to persons and/or property, caused by the failure to execute an order, even partially, is excluded.

Ne.Mi reserves the right at any time to modify, suspend or interrupt all or part of the site’s services.

Payment must be made in Euros only. The following payment methods are available:
bank transfer in advance
credit card or Paypal.
Bank transfer in advance
In this case, it is necessary to make a transfer of the amount indicated on the “order confirmation”, received by e-mail, in favour of:
NE.MI.SNC di Negretto Marta & Mirandola Cristina
Bank details:
UniCredit
Agency in Minerbe
IBAN: IT06D0200859560000105934364
Reason: enter the customer order number and the date on the order confirmation.
Payment shall be made within 5 days from the date on which the order was placed. After this deadline, the order will be automatically cancelled.
Credit card
In case of purchase of goods with credit card payment method, the transaction may take place through Stripe secure server. However, it will be up to the Customer to choose his preference when concluding the order. At no time during the purchase process is NE.MI. able to know the information relating to the purchaser’s credit card, which is transmitted via secure connection directly to the website of the bank handling the transaction. No computer file of NE.MI. will retain such data. Under no circumstances may NE.MI. be held liable for any fraudulent or improper use of credit cards by third parties when paying for products purchased.
PayPal
Once the order has been confirmed, the customer will be redirected to the PayPal website where he/she can pay with his/her account or using a card, even a prepaid card, or in any case according to the methods accepted by PayPal and in compliance with its conditions. In the event of cancellation of the order, either by the customer or in the event of non-acceptance of the same by NE.MI., at the same time as the cancellation, the amount relating to the cancelled goods shall be credited back to the customer’s Paypal account.
For each order placed on www.cocumacaffe.com, a fiscal document (invoice) will be issued in accordance with Article 14 of Presidential Decree 445/2000 and Legislative Decree 52/2004, which will be sent to the person placing the order at the same time as the goods. The invoice shall be issued on the basis of the information provided by the customer. NE.MI. therefore reminds customers to always check, with the utmost care, the accuracy of the information provided. No changes to the invoice will be possible after it has been issued.

The purchased products will be delivered to the address indicated by the customer in the Purchase Order.

Delivery is foreseen for the territory of the Italian Republic, the Republic of San Marino and the European Union.

Delivery is by courier from Monday to Friday, excluding public holidays and public holidays. The delivery service includes packaging and transport.

The delivery times indicated on the website are those agreed with the couriers you use. Ne.Mi cannot be held responsible for possible delays due to the above-mentioned couriers, or caused by certain busy periods of the year.

Unless explicitly stated by our customer service, delivery is to street level. Upon delivery of the goods by the courier, the presence of the customer or a trusted person is required to check that the packaging is intact and clean and that the products received correspond to what is stated on the order.

The customer is obliged to check:

that the number of packages delivered corresponds to the number indicated in the transport document

that the packaging is intact, undamaged, not wet or otherwise altered, including the sealing materials (adhesive tape or metal strapping).

Any damage to the packaging and/or to the product or the mismatch in the number of packages or indications must be immediately contested by placing a WRITTEN RESERVE OF CONTROL on the courier’s proof of delivery specifying the reason for the reservation (for example: crushed packaging, laundry, etc.). The customer is obliged to send a notice of “withdrawal with reservation” to shop@cocumacaffe.com, enclosing photographs proving the defect. Once the courier’s document has been signed, the Customer may not raise any objection regarding the external characteristics of the goods delivered. Any problems concerning the physical integrity, correspondence or completeness of the products received must be reported within 2 days of delivery, in accordance with the procedures set out in this document.

The service includes 2 delivery attempts to the address indicated at the time of ordering. After the second unsuccessful delivery attempt, the parcel will be held free of charge for 3 working days at the courier company. During these 3 days, the customer may contact the courier directly to arrange delivery or to change the delivery address.

If the material in storage at the courier’s warehouses is not collected within 3 working days (due to repeated impossibility of delivery to the address indicated by the customer at the time of ordering), the order will be automatically cancelled and the goods returned to Ne.Mi. The customer will be refunded the value of the purchase minus the transport costs, the accessory charges linked to the storage of the goods with the courier, the costs of returning the goods to the company’s warehouses and the expenses/charges that Ne.Mi spa will have to incur for the credit.

Delivery costs are borne by the Customer and adequately highlighted in the “order confirmation”: they are calculated on the basis of the weight/volume/shipping destination of the products ordered, as indicated on the website.

If the customer wishes to cancel his order, he may do so within 24 (twenty-four) hours of payment, at no additional cost. In this case Ne.Mi will reimburse the customer the entire amount paid by crediting the credit card if the order has been paid in full or in part by credit card.

If the order is cancelled after 24 hours, Ne.Mi will reimburse the customer the amount paid minus any transport costs, using the same methods as indicated above.

Pursuant to the combined provisions of articles 64 et seq. of the Consumer Code (Legislative Decree 2005/206) and the provisions of Legislative Decree 21 February 2014, no. 21, the customer, is entitled to withdraw from the purchase contract for any reason, without explanation and without penalty. This right may not be exercised in relation to the categories of goods and services expressly specified in Art. 59 of Legislative Decree 21 February 2014, no. 21. Examples include, but are not limited to: Art. 59 lett. (d) supply of goods which are liable to deteriorate or expire rapidly; Art. 59(b). e) the supply of sealed goods which are not suitable for return for reasons of hygiene or health protection and have been opened after delivery; Art. 59 f) the supply of goods which, after delivery, are by their nature inseparably mixed with other goods.
The right of withdrawal is exercised by sending within fourteen days a written communication to the Ne.Mi headquarters by registered letter with return receipt. The communication may also be sent, within the same deadline, by e-mail to nemiwebdesign@pec.it.

In the registered letter, all you have to do is fill in your details, the details of the order and the purchase you have made, stating that you wish to withdraw from the contract, with the request to return the price paid within a strict 30-day period.
Once the aforementioned notice of withdrawal has been received, Ne.Mi will forward an “Authorisation to Return” to the customer by e-mail. The product(s) must be returned to our warehouse within 10 days of authorisation.
Ne.Mi reminds its customers, before returning the product(s), to check that the product(s) being returned are intact and in normal condition, in their original packaging, complete in all their parts (including packaging and accessory documentation).
The right of withdrawal is however subject to the following conditions:
1. The right applies to the product purchased in its entirety; it is not possible to exercise withdrawal only on part of the product purchased;
2. In accordance with the law, the shipping costs for the return of the goods shall be borne by the customer;
3. Shipment is the responsibility of the customer until receipt in our warehouse;
4. Ne.Mi is not liable in any way for damage or theft/loss of goods returned by uninsured shipments;
5. In the event of damage to the goods during transport, Ne.Mi will inform the customer of what has happened (within 5 working days of receipt of the goods in its warehouses), so that the customer can file a complaint against the carrier of his choice and obtain reimbursement of the value of the goods (if insured). In this case, the product will be made available to the customer for its return at the same time as cancelling the request for withdrawal;
6. The right of withdrawal cannot be exercised in any way with regard to perishable goods whose expiry date is less than or equal to 10 days or if they have not been stored at a correct temperature that affects the quality of the product.
If the right of withdrawal has been correctly exercised in accordance with the provisions of the aforementioned article 64 et seq., Ne.Mi will reimburse the customer the full amount already paid, including delivery costs, within 14 (fourteen) calendar days of receipt of the notice of withdrawal, without prejudice to Ne.Mi’s right to suspend payment of the reimbursement until actual receipt of the goods. The refund will be made using the same method of payment used by the customer, unless the latter has expressly requested a different method. In case of bank transfer or cash on delivery payment, the customer shall provide the bank details on which to obtain the refund (account holder, name and address of the Bank and IBAN).The refunded amount shall be net of the cost of returning the products, which shall be borne by the customer.
The right of withdrawal is totally void, due to the lack of the essential condition of integrity of the goods (packaging and/or its contents), in cases where Ne.Mi ascertains:
The lack of the outer packaging and/or wrapping containing the purchased product
Damage to the product due to causes other than transport.
In the event of forfeiture of the right of withdrawal, Ne.Mi will return the purchased goods to the sender, charging the sender for the shipping costs. The right of withdrawal is in no way exercisable by professionals.

In the event of conformity defects in products sold by Ne.Mi, the customer must immediately contact Customer Service at the e-mail address shop@cocumacaffe.com.

The legal guarantees provided for in Articles 129, 130 and 132 of the Consumer Code apply to the sale of products. The customer shall be entitled, at his option and provided that the type of Product allows it, to have the conformity of the Product restored free of charge by repair or replacement, or to an appropriate price reduction or to terminate the contract. The client forfeits these rights if he does not report the conformity defect to Ne.Mi within two months from the date on which he discovered the defect, unless the product is perishable by its nature or subject to expiry within a shorter period, in which case the defect must be reported within this reduced period.

The guarantee of conformity and quality of the goods shipped, offered by Ne.Mi, is strictly limited to compensation of the purchaser in the form of a refund, to the exclusion of any other indemnity. In particular, Ne.Mi shall not be liable for any direct or indirect damage due to a defect in the goods. It is understood that Ne.Mi will not take into account complaints made after the aforementioned deadlines.

Ne.Mi’s responsibility cannot in any case be invoked if the failure to perform or the delay in performing one or more of the obligations contained in this contract is the result of an unforeseeable and insurmountable event caused by a third party or by force majeure. Ne.Mi takes great care to represent and describe as accurately as possible the characteristics of the products on the site. However, no liability is accepted in the event of insubstantial differences between the reproduction of the products on the site and the products delivered.

Ne.Mi cannot be held liable for any inconvenience or damage related to the use of the Internet network, in particular for service failures, external intrusion or the presence of computer viruses.

The product information provided through the site is constantly updated. However, it is not possible to guarantee the complete absence of errors, for which Ne.Mi cannot be held responsible, except in the case of malice or serious negligence.

Ne.Mi reserves the right to correct errors, inaccuracies or omissions even after an order has been sent, or to modify or update information at any time without prior notice, without prejudice to the customer’s rights under these General Conditions and the Consumer Code.

In the absence of wilful misconduct or gross negligence, the customer shall not be entitled to claim damages or compensation, nor shall he be liable in contract or tort for direct or indirect damage to persons and/or property caused by the non-acceptance or non-fulfilment, even partial, of an order.

The product images on www.cocumacaffe.com are for illustrative purposes only and are not binding. The images of the products for sale on www.cocumacaffe.com are the exclusive property of Cocuma AG.

The elements of the https://www.cocumacaffe.com website, whether video or audio, as well as the underlying technology are protected by trademark or patent copyright.

Any reproduction or representation, in whole or in part, of the elements of the Site constitutes an infringement that may entail the civil and criminal liability of the author. It is strictly forbidden to insert a hypertext link leading to the https://www.cocumacaffe.com website, using the so-called “framing” or “deep linking” technique.

Any complaints should be forwarded to the Cocuma Caffè Customer Service by writing to the e-mail shop@cocumacaffe.com.

Privacy and cookie policy former Art 13 of the EU General Data Protection Regulation 2016/679 (GDPR)

Before communicating any personal data, we invite you to carefully read this “Privacy Policy” which is to be understood as information provided pursuant to art. 13 of the GDPR to those who consult and interact with the Site, as it contains information on the protection of personal data and the security measures adopted to ensure their confidentiality in full compliance with the GDPR.

Please note that this Privacy Policy applies only to the www.cocumacaffe.com website and does not apply to other websites that may be consulted through our links.

The Data Controller

The Data Controller of personal data relating to identified or identifiable persons processed following consultation of our site is the company NE.MI Snc di Negretto Marta & Mirandola Cristina with registered office in Via Genova 11 – 37051 – mail: hello@nemiwebdesign.com

Place and purpose of data processing

The processing operations connected to the web services of this site take place at our service provider’s premises, who has been specifically appointed as the External Manager, and are carried out directly by our specially appointed and trained employees.

1. The personal data that you provide us with by submitting an email enquiry are used solely for the purpose of responding to your request.

2. The personal data you provide us with by filling in the registration form will be entered into our database and will be used to enable you to register on the site and speed up the procedure when purchasing our products online.

3. If you give us your consent, your e-mail address will be used to offer you our products and to keep you informed of our initiatives and promotions.

Nessun dato del servizio web viene comunicato o divulgato a terzi.

Methods of data processing

Personal data are processed using automated IT tools, for the time necessary to achieve the purposes stated above:

With reference to point a), requests are normally answered within 5 days.

With reference to point b) e c) iThe storage time is 5 years.

Navigation data

The computer systems and software procedures used to operate this website acquire, during their normal operation, some personal data whose transmission is implicit in the use of internet communication protocols. This information is not collected to be associated with identified interested parties, but by its very nature could, through processing and association with data held by third parties, allow users to be identified.

This category of data includes IP addresses or domain names of computers used by users connecting to the site, the time of the request. This data is only used to obtain anonymous statistical information on the use of the site and to check that it is functioning correctly, and is deleted immediately after processing.

Cookies

Read the Cookies policy.

Transfer of data abroad:

The data collected may be transferred to the production site itself at Cocuma AG, Längfeldweg 110, CH – 2504 Biel-Bienne – +41 (0)32 341 30 07 – info@cocumacaffe.com

Rights of the persons concerned

The subjects to whom the personal data refer have the right at any time to request from the Controller access to their data, rectification or deletion thereof, restriction of processing or the possibility to object to processing, to request data portability, to withdraw consent to processing by asserting these and other rights provided for by the GDPR by simple communication to the Controller itself.

Requests/communications should be addressed to the Data Controller indicated above by post, or by email to hello@nemiwebdesign.com

The sales contract between the customer and Ne.Mi is concluded in Italy and governed by Italian law. For the solution of disputes relating to the interpretation, execution or resolution of these general conditions or of individual purchase orders if the customer is a consumer pursuant to the Consumers’ Code, the Court of Verona shall have exclusive jurisdiction in the municipality of his/her residence or domicile if located in Italian territory; in all other cases, the Court of Verona shall have exclusive jurisdiction, any other jurisdiction being excluded.

The user may ask for any information on the methods and procedures for purchasing online, or for shipping the products, payment, right of withdrawal, etc., by contacting customer service by e-mail at shop@cocumacaffe.com.

Pursuant to Article 1341 of the Civil Code, the customer declares that he has read and understood and specifically accepts the following articles of these General Terms and Conditions: 2) Offer to the public; 3) Prices; 4) Purchase Order; 6) Method of delivery; 7) Delivery costs; 8) Cancellation of Purchase Order; 9) Right of withdrawal; 10) Guarantees; 11) Errors and limitations of liability; 12) Intellectual property; 13) Complaints; 14) Privacy; 15) Applicable law and competent court.