General Terms and Conditions of Sale

1. Site Name, ownership of the domain name and the "SEGAFREDO ZANETTI" trademark

1.1. These General Conditions of Sale ("GCS") govern the offer and sale of products through the following website: www.segafredo.it

The purchased products will be delivered in the buyer's country of purchase.

1.2. The Site is owned by Segafredo Zanetti SpA, with registered office in Via Puccini n. 1, 40067 Sesto di Rastignano (BO) Italy, VAT no. 00526881206, tax code 00895860377 ("Segafredo Zanetti").

1.3. Segafredo Zanetti SpA, is also the owner of the domain name and the "Segafredo Zanetti" trademark as well as the provider of the Site registration service.

1.4. All contents of the Site are protected by copyright and the related copyrights are owned by Segafredo Zanetti SpA. The Site may not be reproduced, either wholly or partially, transferred by electronic or conventional means, modified, linked and used, particularly for commercial purposes, without the prior written consent of Segafredo Zanetti SpA.

1.5 All trademarks, logos, trade names, images, photographs, product descriptions, graphic layouts and any other distinctive sign or content present on the Site are the property of Segafredo Zanetti SpA or used with its authorization. Any use, reproduction, distribution, publication or modification, even partial, of the contents and distinctive signs present on the Site is prohibited without the prior written consent of Segafredo Zanetti SpA. Unauthorized use of the trademarks and contents of the Site may be prosecuted in accordance with current legislation on intellectual and industrial property.

2. Identification of the selling party

2.1. The products purchased on the Site are offered and sold by T-Data s.r.l. Via Strasburgo, 31, 41011 – Campogalliano (MO) tax code, VAT number and registration number in the Modena Business Register: 03854490368

2.2. T-Data S.r.l. offers products under the brand name ("Segafredo Zanetti") ("Products") for sale on the Site with the authorization of Segafredo Zanetti SpA.

2.3. T-Data S.r.l. is, therefore, the sole counterparty of the user who intends to purchase one or more Products through the Site and is therefore (i) the entity to whom the user addresses their order, in order to accept the offer and conclude the sales contract; (ii) the entity that assumes pre-contractual obligations arising from the offer towards the user; (iii) the entity that concludes the sales contract with the user, assuming the related obligations and rights.

2.4. The purchase contract concluded through the Site is therefore concluded between the user and T-Data S.r.l.

2.5. In relation to the sale of Products through the Site and in communications with customers relating to purchases made through the Site ("Transactional Emails"), T-Data S.r.l. acts under the brand name and/or with the patronymic "Segafredo Zanetti" or "Segafredo Zanetti SpA". Therefore, when the expression or brand name "Segafredo Zanetti" or "Segafredo Zanetti SpA" or the first person plural is used on the Site, in relation to the sale of Products through the Site, and/or in Transactional Emails (e.g., order confirmation), the reference is to T-Data S.r.l.; when, however, the expression or brand name "Segafredo Zanetti" or "Segafredo Zanetti SpA" is used on the Site, in relation to services other than sales (e.g., the Site registration service, or in communications with customers other than Transactional Emails (e.g., registration confirmation, newsletter, promotional communications, DEM), the reference is to Segafredo Zanetti SpA.

3. Scope of application of the GCS and access to the Site and Products

3.1. The GCS are made available to the user through the "General Conditions of Sale" section of the Site, accessible via the link of the same name in the footer of the Site. The user is allowed to store and reproduce them. They are also made available to the user through the appropriate link present during the purchase process at checkout.

3.2. These GCS may be modified at any time. Any changes and/or new conditions will be effective from the moment of their publication on the Site in the "General Conditions of Sale" section, accessible via the link of the same name in the footer of the Site. Users are therefore invited to regularly access the Site and consult the most updated version of the Conditions of Sale before making any purchase.

3.3. The applicable GCS are those in force on the date of transmission of the purchase order. Before proceeding with the transmission of the order and, therefore, the conclusion of the purchase contract, the user is required to carefully read the GCS in force together with all the information that T-Data S.r.l. provides through the Site, both before and during the purchase procedure.

3.4. These General Conditions of Sale do not govern the sale of products by parties other than T-Data S.r.l. that may be present on the Site through links, banners or other hypertext links. Before carrying out commercial transactions with such parties, it is necessary to check their conditions of sale. T-Data S.r.l. is not responsible for the provision of services and/or for the sale of products by such parties. T-Data S.r.l. does not carry out any control and/or monitoring on the websites accessible through these links. T-Data S.r.l. is therefore not responsible for the content of these Sites nor for any errors and/or omissions and/or violations of law by them.

3.5. Access to the Site and the purchase of Products through the Site are permitted to all users, regardless of their nationality, place of residence or place of establishment, provided, if natural persons, that they are at least 18 years old, without prejudice to what is indicated in art. 14.1 below.

4. Purchases on the Site

4.1. The offer and sale of Products on the Site constitute a distance contract regulated by Chapter I, Title III (articles 45 et seq.) of Legislative Decree 6 September 2005, n. 206 ("Consumer Code") and by Legislative Decree 9 April 2003, n. 70, containing the regulations on electronic commerce.

4.2. The purchase of Products through the Site takes place as a guest or with registration and is permitted both to users who are consumers and to users who are not, whether they are natural persons, provided that they are at least 18 years old. The Site is reserved for retail sales. Resellers or wholesalers, or, in general, all persons who intend to purchase the Products for the purpose of subsequent resale, may under no circumstances make purchases on the Site. It is therefore forbidden for such persons to register on the Site and/or make purchases on the Site. The purchase is also forbidden to the persons referred to in art. 14.14 below.

4.3. It should be noted that, pursuant to art. 3, paragraph I, letter a) of the Consumer Code, consumers are natural persons who, in relation to the purchase of products through the Site, act for purposes unrelated to any entrepreneurial, commercial, professional or artisanal activity carried out.

4.4. In case of violation of these prohibitions or in case of orders, from whomever they come, which prove to be abnormal in relation to the quantity of products purchased or the frequency of purchases made, T-Data S.r.l. reserves the right to take all necessary actions to stop the irregularities, including the non-acceptance or cancellation of irregular orders or reporting to Segafredo Zanetti SpA. for the purpose of any suspension of access to the Site and/or cancellation of registration to the Site.

4.5. Finally, T-Data S.r.l. reserves the right to refuse or cancel orders originating from (i) a user with whom it has an ongoing legal dispute; (ii) a user who has previously violated these GCS and/or the conditions and/or terms of any purchase contract with T-Data S.r.l; (iii) a user who has been involved in frauds of any kind and, in particular, in frauds relating to credit card payments; (iv) users who have provided false, incomplete or otherwise inaccurate identifying data or who, within the scope of the procedure referred to in art. 13.3 below, have not promptly sent T-Data S.r.l. the requested documents or have sent invalid documents; (v) a user who has violated the provisions of art. 5.6 below.

5. Site Registration

5.1 The registration service is provided by Segafredo Zanetti SpA.

5.2 Registration on the Site is free. Registration will be confirmed to the user via a specific e-mail.

5.3 Registration, through the opening of a personal account called "Account", allows the registered user, among other things, to:

  • manage their personal data and update it at any time;

  • save and modify their addresses;

  • access all order-related information;

5.4 Regarding the Account, please note the following:

1) site registration allows, among other things, the activities referred to in art. 5.2 above. Therefore, they must be kept with extreme care and attention, can only be used by the user and cannot be transferred to third parties. The user undertakes to keep them secret and to ensure that no third party has access to them. They also undertake to immediately inform Segafredo Zanetti SpA, by contacting them, through T-Data S.r.l., at the addresses referred to in art. 18 below, in the event that they suspect or become aware of improper use or undue disclosure thereof.

5.5 The user guarantees that the personal data provided during the registration process and/or during the purchase and/or at any other time, are complete, truthful and refer to the user themselves and undertakes to indemnify and hold harmless Segafredo Zanetti SpA and T-Data S.r.l. from any damage, compensation obligation and/or penalty deriving from and/or in any way connected to the user's violation of the guarantees referred to in this art. 5 and/or the violation of the rules on Registration, on purchase on the Site and/or on the storage of Registration Credentials.

6. Information for the conclusion of the online contract

6.1. In accordance with Legislative Decree 9 April 2003, n. 70 containing provisions on electronic commerce, T-Data S.r.l. informs the user that:

a) to conclude the contract for the purchase of one or more Products on the Site, the user must fill out an electronic order form and transmit it to T-Data S.r.l., electronically, following the instructions that will appear from time to time on the Site;

b) the contract is concluded when the order form reaches the server used by T-Data S.r.l.;

c) before proceeding with the transmission of the order form, the user will be able to identify and correct any data entry errors by following the instructions on the Site;

d) once the order form has been registered and confirmation of successful payment has been received, the order confirmation will be sent to the user, to the e-mail address indicated, containing: a detailed indication of the price, the payment method used, delivery costs and any additional costs.

e) the order form will be archived in the T-Data S.r.l. database for the time necessary for its execution and, in any case, within the terms of the law. The essential elements of the order form will be reported in the order confirmation. The registered user can also access their order form by consulting the "Order history and details" section.

6.2. In relation to the linguistic regime of the Site, T-Data S.r.l. reports the following:

  • the languages available to users for concluding the contract are: Italian

  • Customer Service is able to communicate with users in Italian and English

7. Product Availability

7.1. The Products purchasable through the Site are the items present in the electronic catalog published on the Site, viewable at the time of placing the order. The Products offered for sale through the Site predominantly belong to the following product categories: espresso system machines, espresso system capsules, compatible capsules, ground coffee, complementary accessories such as cups, glasses, saucers, etc.

7.2. Each Product is accompanied by an informative page illustrating its main features ("Product Page").

7.3. Product availability is continuously monitored and updated. However, since the Site can be visited by multiple users simultaneously, it may happen that multiple users purchase the same Product at the same instant. In such cases, therefore, the Product may appear available for a short period, while actually being out of stock or not immediately available, and requiring replenishment.

7.4. Should the Product no longer be available for the reasons indicated above or in other cases of subsequent unavailability of the Product, without prejudice to the rights attributed to the user by law, and, in particular, by Chapter XIV of Title II of Book IV of the Civil Code, T-Data S.r.l. will immediately notify the user via e-mail. The user will therefore be entitled to immediately terminate the contract, without prejudice to the right to compensation for damages, pursuant to and for the effects of what is provided for by art. 61, paragraphs IV and V, of the Consumer Code, by notifying T-Data S.r.l. in the manner and at the addresses referred to in art. 18 below. In the event that the user avails himself of the right of termination provided for by these rules or in the event that the user, although notified by T-Data S.r.l., does not exercise this right, the contract will be terminated, without prejudice to the rights attributed to the user by law. T-Data, without prejudice to the user's right to compensation for damages, will request, without undue delay, through banking systems, the reimbursement of the total amount paid, consisting of the price of the Product, delivery costs, if applicable, and any other additional costs, as resulting from the order ("Total Amount Due") and which was the subject of the payment referred to in art. 13.9 below. The termination of the contract and the amount subject to reimbursement will be communicated to the user via e-mail.

7.5. In the case of orders containing multiple Products ("Multiple Order"), if the subsequent unavailability concerns only some of the Products included in the Multiple Order – without prejudice to the rights attributed to the user by law, and, in particular, by Chapter XIV of Title II of Book IV of the Civil Code, and without prejudice to the application of art. 7.4 above, if the subsequent unavailability concerns all the Products included in the order – T-Data S.r.l. will immediately notify the user via e-mail. The user will therefore be entitled to immediately terminate the contract, limited to the Products that have become unavailable, without prejudice to the right to compensation for damages, pursuant to and for the effects of what is provided for by art. 61, paragraphs IV and V, of the Consumer Code, by notifying T-Data S.r.l. in the manner and at the addresses referred to in art. 18 below. In the event that the user avails himself of the right of termination provided for by these rules or in the event that the user, although notified by T-Data S.r.l., does not exercise this right, the contract is partially terminated, limited to these Products, with the consequent request, without undue delay and, in any case, within 15 working days from the sending of the order, for the return of the amount due, consisting of the price of these Products and any other additional costs related to them, as resulting from the order ("Partial Amount Due"). The termination of the contract and the amount subject to return will be communicated to the user via e-mail. Please note that, in case of partial termination of a Multiple Order, shipping costs will not be refunded, as they are attributable to the delivery of the available Products, for the reasons explained in art. 14.5 below.

7.5 bis In the cases referred to in articles 7.4 and 7.5 above, T-Data S.r.l, regardless of the choice made by the user, undertakes to provide the user who requests it with a shopping voucher of an amount proportional to the Total Amount Due or, as the case may be, to the Partial Amount Due. Article 14.11 below applies to this shopping voucher.

8. Product Information

8.1. Each Product is accompanied by the Product Page. The images and descriptions on the Website reproduce the characteristics of the Products as faithfully as possible. However, the colors of the Products and their packaging may differ from the real ones due to the settings of the computer systems or computers used by users for their viewing. Furthermore, the images of the Product on the Product Page may differ in size or in relation to any accessory products. These images must therefore be understood as indicative and with customary tolerances. For the purposes of the purchase contract, the description of the Product on the Product Page and/or, if present, in its technical data sheet will be considered valid.

9. Prices

9.1. The prices of the Products published on the Website are expressed in Euros and include Value Added Tax (and WEEE contribution where applicable).

9.2. T-Data S.r.l. reserves the right to change the price of the Products at any time, without notice, it being understood that the price charged to the user will be that indicated in the order summary and displayed by the user before the order is transmitted, and that any subsequent variations (increases or decreases) after the transmission of the order will not be taken into account.

9.3 In the event of promotions or price reductions, any crossed-out price or previous price indicated on the Website corresponds to the lowest price applied to the same product in the 30 days preceding the application of the reduction, pursuant to art. 17-bis of the Consumer Code.

10. Purchase orders

10.1. The purchase contract will be terminated by right, pursuant to art. 1456 of the Italian Civil Code, if the pre-authorization or the actual debit referred to in art. 13.9 below is not successful, resulting in the non-payment of the Total Amount Due. In the first case, the user will be notified via the Websites that the transaction was unsuccessful and that the order has consequently been canceled; in the second case, the user will be notified via e-mail of the failed debit and the consequent termination of the contract.

10.2. The ownership of the Products will be transferred to the user at the time of shipment, understood as the moment of delivery of the Product to the carrier ("Shipment"). The risk of loss or damage to the Products, for reasons not attributable to T-Data S.r.l., is transferred to the user when the user, or a third party designated by the user and different from the carrier, physically takes possession of the Products. The Shipment will be carried out, pursuant to art. 10.1 above, only upon confirmation of the successful actual debit referred to in art. 13.9 below and, therefore, of the actual payment of the Total Amount Due.

10.3. In order to send a purchase order through the Website, it is necessary to read and approve these GTCs, by selecting the appropriate box that will appear during the purchase process. Failure to accept the GTCs makes it impossible to make purchases through the Website.

10.4. The user can request the issuance of a commercial invoice by selecting the appropriate box during the purchase process and filling in the appropriate form provided. The invoice, if requested, will be sent to the user via e-mail. A paper/analog copy of an electronic invoice transmitted/made available to the Interchange System - SDI pursuant to Provision Ag. Entrate n. 89757/2018. For the issuance of the invoice, the information provided by the user through the appropriate form, which the user guarantees to be truthful, will be considered valid. The user undertakes to indemnify and hold T-Data S.r.l. harmless from any damage, compensation obligation and/or penalty that may arise and/or be imposed on it if such information is not accurate and/or truthful. No changes to the invoice will be possible after its issuance.

11. Order Cancellation

11.1. Without prejudice to the right of withdrawal referred to in art. 15 below, the registered user has the right to request the cancellation of the order. If the order preparation is in an advanced stage, T-Data will promptly inform the courier, but the latter may not be able to block the delivery. If it was not possible to cancel the order, T-Data will inform you via email. In this case, you can still:

  • refuse delivery; or accept delivery and exercise your right of withdrawal within the following 14 days. For more information on how to exercise the right of withdrawal, please refer to the "returns" section.

11.2. In the event of order cancellation at the user's request, as provided for in art. 11.1 above, the user will be notified via a specific e-mail. Order cancellation at the user's request entails the termination of the related purchase contract and the cessation of the obligations arising therefrom for T-Data S.r.l.

11.3 In the event of order cancellation at the user's request, as provided for in art. 11.1 above, T-Data S.r.l., without undue delay, through banking systems, will request a refund of the withdrawn amount related to the canceled order. Refund times depend exclusively on the credit card issuer and/or the payment instrument used. Once the refund of the amount in question has been requested, in no case shall T-Data S.r.l. be held responsible for any direct or indirect damages caused by the delay in the refund and/or the non-refund of such amount by the banking system.

12. Reviews

12.1. The Review service is offered and provided by Segafredo Zanetti SpA.

12.2 On the Websites, it is possible to leave a review ("Review") on "Segafredo Zanetti" branded products, under the following terms and conditions.

a) the Review can be left by both registered and unregistered users, and also if they have not purchased the product being reviewed or have purchased it offline, provided, however, that they are over 18 years old;

b) Reviews must be truthful;

c) Reviews may concern both "Segafredo Zanetti" branded products and the experience of purchasing such products either through the Websites or offline;

d) to submit a Review, the user must fill in the appropriate form on the Product Page, entering all the required mandatory data (i.e., rating; title and text of the Review, nickname);

e) Reviews will be published by Segafredo Zanetti SpA within a maximum of 3 working days from submission, if deemed suitable by the same, in accordance with the following provisions;

f) Reviews will be published together with the nickname chosen by the user at the time of submission;

g) the suitability assessment will be carried out by Segafredo Zanetti SpA. at its absolute discretion; Segafredo Zanetti SpA, at its absolute discretion, reserves the right not to publish Reviews and/or to remove already published Reviews, for any reason;

h) the Product rating corresponds to the mathematical average of the ratings expressed by users who have left a rating in relation to the Product;

i) the user is prohibited from:

a. submitting Reviews that do not relate to the Product on whose Product Page they are inserted;

b. inserting content that is misleading with respect to the subject of the review or not pertinent to it;

c. inserting Reviews that have defamatory and/or offensive and/or vulgar and/or sexually explicit and/or violent and/or obscene and/or harassing content and/or, in any way, contrary to law, public order, morality and/or the reputation of Segafredo Zanetti SpA., T-Data and/or any third party, including the entity from which the user may have purchased the product and/or the manufacturer;

d. inserting Reviews that have advertising or promotional content or that contain spam or any type of solicitation and/or that expose to risks related to product safety (e.g., advising modifications or customizations of a product or unforeseen uses of it);

e. inserting personal data of third parties in the Reviews;

f. inserting in the Reviews data belonging to the categories referred to in Article 9 of the General Data Protection Regulation (Regulation (EU) 2016/679) and, in particular, data relating to health, as defined by Article 4.15 of that regulation and/or data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs or trade union membership, or data relating to a person's sexual life or sexual orientation;

g. inserting threats of any kind in the Reviews and/or content that incites hatred, racism, homophobia or that is, in any way, discriminatory or inserting content that has political content or political propaganda;

h. inserting in the Reviews content that infringes third-party rights or for which the user has received consideration or remuneration, of any kind, from third parties;

i. inserting in the Reviews content that contains information referring to other websites or to competitors of Segafredo Zanetti SpA;

j. inserting content that may contain and/or transmit computer viruses, worms, or other potentially harmful programs or files for the computer;

j) Reviews that violate the provisions of this article and, in particular, the prohibitions referred to in the preceding letters will be deleted and, consequently, not published;

k) the customer agrees to indemnify and hold harmless Segafredo Zanetti SpA, T-Data and the companies of the group to which, respectively, Segafredo Zanetti SpA and T-Data belong, from any damage that may arise from the release of a Review in violation of the prohibitions and/or conditions of this article and/or from the user's violation of laws and/or regulations and/or third-party rights;

l) by submitting the Review, the user authorizes Segafredo Zanetti SpA to publish it, without compensation, on the Websites, together with the nickname chosen at the time of submission;

m) the user acknowledges that T-Data is extraneous to the moderation of the Reviews, the relative service being offered by Segafredo Zanetti SpA, and that, consequently, T-Data is also extraneous to the processing of personal data connected to the Reviews, which is carried out by Segafredo Zanetti SpA, as an independent data controller, on the basis of the Segafredo Zanetti SpA Privacy Policy, consultable by clicking here.

12.2 Without prejudice to the application of data protection regulations, Reviews, unless a request for cancellation is made, will remain published for a maximum of 24 months from receipt. If the Product subject to the Review goes out of production, the related Reviews will be deleted. The user can request the cancellation of Reviews using the contact details referred to in art. 18 below.

Segafredo Zanetti SpA does not guarantee that the reviews published on the Website come from users who have actually purchased or used the product.

13. Payment Methods

13.1. Payment for Products purchased through a Website can be made using the methods described in the following paragraphs. If one of these methods cannot be used in relation to a specific Product, this will be clearly indicated on the Websites, at the latest at the beginning of the purchase procedure. Unavailable payment methods will in no case be selectable by the user during the specific check-out/purchase phase.

A) Payment by credit card

13.2. Payment for Products purchased on a Website can be made by credit card, directly through that Website. The accepted credit cards are those of the Maestro, MasterCard, and Visa circuits. They are, in any case, specifically indicated in the footer of each page of the Website.

13.3. In order to ensure the security of payments made on the Websites and prevent potential fraud, T-Data S.r.l. reserves the right to ask the user, via e-mail, to send, by the same means, a front/back copy of their identity card and, if the order holder is different from the credit card holder, the identity card of the latter. The document must be valid. The request e-mail will specify the deadline by which the document must reach T-Data S.r.l. This deadline will, in any case, not exceed 5 working days from the receipt of the request by the user. Pending the requested document, the order will be suspended. The user is required to send the requested documents within the specified deadline.

13.4. In the event that T-Data S.r.l. does not receive these documents within the deadline specified in the request e-mail or receives expired or invalid documents, the contract will be deemed terminated by law pursuant to and for the effects of art. 1456 of the Italian Civil Code and the order consequently canceled, without prejudice to the right of T-Data S.r.l. to compensation for any damage incurred due to the user's non-compliant behavior. The termination of the contract, of which the user will be notified via e-mail, no later than 5 working days from the expiry of the deadline for sending the documents requested by T-Data S.r.l., will entail the cancellation of the order, with consequent release of the Pre-Authorized Amount and application, where compatible, of art. 7.4 above. The refund period starts from the termination of the order.

13.5. In the event that T-Data S.r.l. receives valid documentation within the deadline indicated in the e-mail referred to in art. 13.3 above, the delivery terms applicable to the order will start from the date of receipt of the same.

13.6. T-Data S.r.l. uses the secure payment service of Nexi Payments s.p.a. for payments in EURO currency and Stripe for any payments in other currencies. The data exchange uses the SSL security protocol. Confidential credit card data (card number, cardholder, expiry date, security code) are acquired directly by Nexi Payments s.p.a. and Stripe. T-Data S.r.l. therefore never has access to and does not store the credit card data used by the user for the payment of the Products, except, limited to the cardholder's data, in the case provided for by art. 13.3 above.

B) Payment via PayPal

13.7. Payment for Products purchased on a Website can be made using the PayPal payment solution. If the user chooses PayPal as the payment method, they will be redirected to the www.paypal.it website where they will make payment for the Products according to the procedure provided and regulated by PayPal and the terms and conditions of the contract agreed by the user with PayPal. The data entered on the PayPal website will be processed directly by PayPal and will not be transmitted or shared with T-Data. T-Data S.r.l. is therefore not able to know and does not store in any way the credit card data linked to the user's PayPal account or the data of any other payment instrument connected to that account.

13.8. In the event of termination of the purchase contract and in any other case of release and/or refund, for any reason, respectively after the pre-authorization or after the actual debit, as per art. 13.9 below, the amount of the release or, respectively, of the refund will be unblocked and/or credited to the user's PayPal account. The release times on the payment instrument connected to that account depend exclusively on PayPal and the banking system and, for some types of cards, can extend up to their natural expiration, which is normally 30 days from the date of pre-authorization. The re-crediting times on the payment instrument connected to the user's PayPal account also depend exclusively on PayPal and the banking system. Once the credit order in favor of that account has been issued or, as the case may be, once the release request has been made, T-Data S.r.l. cannot be held responsible for any delays or omissions in the credit and/or release, to contest which the user must contact PayPal directly.

C) Payment via ApplePay and GooglePay Wallets

13.9. Payment for Products purchased on a Site may be made using the ApplePay or GooglePay payment solution. For GooglePay and ApplePay payments, T-Data S.r.l. uses the Stripe platform.

The ApplePay or GooglePay payment method will only be available at checkout if correctly configured on the customer's device. If the user chooses ApplePay or GooglePay as the payment method, the user will be redirected to the Stripe payment platform and payment for the Products will take place according to the terms and conditions agreed by the user with ApplePay and GooglePay. Data transmitted to Stripe, ApplePay and GooglePay will not be transmitted to or shared with T-Data S.r.l. Therefore, T-Data S.r.l. is unable to know and does not store any data related to the user's ApplePay or GooglePay account.

D) Payment via Klarna

13.10. Payment for Products purchased on a Site may be made using the Klarna payment solution. T-Data S.r.l. uses the Shopify Payments platform for payments via Klarna.

The Klarna payment method will only be available at checkout if selected by the user from the available options. If the user chooses Klarna as the payment method, they will be redirected to the Shopify Payments platform and payment for the Products will take place according to the terms and conditions agreed by the user with Klarna.

Data transmitted to Shopify Payments via Klarna will not be transmitted to or shared with T-Data S.r.l. Therefore, T-Data S.r.l. is unable to know and does not store any data related to the user's Klarna account.

ED) General payment provisions

13.11. At the time of order submission, T-Data S.r.l. requests authorization from the selected payment provider for the Total Due Amount, calculated as indicated in article 7.4 above. If the requested authorization is confirmed, the corresponding sum will be reserved and blocked, subtracting it from the user's availability ("Pre-Authorization"). The actual charge to the selected payment method will only be made upon Shipment of the Products ("Actual Charge").

14. Product Delivery

14.1 Delivery of Products purchased through a Site can take place at the delivery address indicated by the user in the order form and is carried out only and exclusively in Italy, excluding the following locations: Livigno and Campione d'Italia.

14.2 Access to and purchase through the Site are therefore permitted to all users, regardless of their nationality and/or place of residence and/or establishment.

14.3. Therefore, the user, regardless of their nationality and/or place of residence and/or establishment, is required to enter a shipping address in the order form that is within Italian territory and that does not correspond to a PO box or a post office hold. Orders containing a shipping address outside Italian territory or a shipping address that corresponds to a PO box or a post office hold will be cancelled, pursuant to and for the purposes of art. 1456 of the Civil Code. The Total Amount Due for such orders will be refunded, using the methods and within the terms set out in art. 7.4 above, to the extent compatible.

14.4 Home Delivery is subject to a fee. Shipping costs for Products ("Shipping Costs"), and any other additional costs, are therefore borne by the user, unless otherwise indicated on the Product Page or in other parts of the Site. T-Data S.r.l. reserves the right to modify Shipping Costs, including potentially offering free Shipping Costs, at any time, without notice, it being understood that the Shipping Costs applied to the user will be those indicated in the order summary, before the user is bound by the contract, and that no account will be taken of any variations, whether increases or decreases, subsequent to the transmission of the order.

14.5 In the event of a partial withdrawal from Multiple Orders and/or partial termination, for any reason, of the purchase contract relating to Multiple Orders, the Shipping Costs will not be refunded, as their amount does not depend on the number of Products subject to the order nor on their weight, being calculated as a fixed amount regardless of the two aforementioned elements and, therefore, they can be attributed to the delivery of Products other than those subject to withdrawal and/or partial termination. Shipping Costs will, however, be refunded if the withdrawal or termination concerns all Products covered by the Multiple Order.

14.6 In case of partial withdrawal from Multiple Orders and/or partial termination of the purchase contract relating to Multiple Orders, for reasons not attributable to T-Data S.r.l., if, due to the withdrawal or partial termination, the Total Amount Due falls below the threshold that may have allowed the user to benefit from free shipping, the user will be charged, and consequently deducted from the refund amount, the Shipping Costs they would have had to pay if shipping had not been free, calculated based on the costs indicated on the "Shipping and Limitations" page, accessible via the link with the same name in the footer of the Site and on the Product Page.

14.6bis In the order summary and/or, in any case, during the purchase process, before the user submits the order, the terms within which T-Data S.r.l. undertakes to deliver the Products covered by the user's order will be indicated. These terms take into account, in addition to the area and delivery method, the possibility that the user purchases multiple Products with the same order ("Delivery Terms"). The Delivery Terms start from the working day following the conclusion of the contract (i.e., the sending of the order), unless otherwise indicated. The Delivery Terms will also be indicated in the order confirmation. In the event of no indication of the Delivery Terms, delivery will, in any case, take place within thirty days from the day following the conclusion of the contract. The delivery obligation is fulfilled by the transfer of physical availability or, in any case, control of the Products to the user. The Delivery Terms are calculated considering only working days, excluding Saturdays, Sundays, and all national holidays in Italy.

14.6ter Home Delivery is understood to be at street level, unless otherwise specified on the Product Page. It will be carried out from Monday to Friday during normal office hours (from 9:00 AM to 6:00 PM), excluding national holidays in Italy and in the Site's Delivery Country. The user is informed that, in the case of a Multiple Order, separate delivery is not provided; all Products subject to the Multiple Order will therefore be delivered simultaneously.

14.7 At the time of Shipment, i.e., the delivery of the purchased Products to the carrier, an email confirming the delivery of the Products to the carrier ("Shipping Confirmation Email") will be sent to the user, containing instructions to track the progress of the shipment, if the chosen shipping type provides for it.

14.8 The user acknowledges that collecting the Product is a precise obligation arising from the purchase contract. In case of non-delivery due to the absence of the recipient at the address specified in the order form, the courier will leave a delivery attempt notice ("Attempted Delivery Notice") for the recipient. The courier will then make a second delivery attempt the following day. After two unsuccessful delivery attempts, the package will be held at the courier's depot. The courier will then communicate the holding to T-Data S.r.l. which, through Customer Service, will attempt to contact the user in order to resolve the holding (for example, by agreeing on a new delivery attempt). In any case, after 10 working days from the second day following the day on which the Attempted Delivery Notice was left, without it being possible to proceed with delivery for any reason not attributable to T-Data S.r.l. (e.g., failed contact attempt and/or further delivery attempt), the purchase contract will be considered legally terminated pursuant to and for the purposes of art. 1456 of the Civil Code, with consequent refund, within 15 working days from the termination of the contract, in the manner set out in art. 7.4 above, of the Total Amount Due, minus Shipping Costs (as delivery was unsuccessful due to the user's fault), storage costs, costs of returning the Product to T-Data S.r.l., and any other expenses incurred due to non-delivery caused by the recipient's absence. The delivery procedure, the terms for handling non-delivery due to the recipient's absence, and the consequences thereof will be reminded to the user in the Shipping Confirmation Email.

14.9 If the purchased Product is not delivered or is delivered late compared to the Delivery Terms indicated during the purchase process and in the order confirmation, the user, pursuant to art. 61 of the Consumer Code, invites T-Data S.r.l. to make the delivery within an additional period appropriate to the circumstances ("Additional Period under art. 61, paragraph III, Consumer Code"). If this additional period expires without the Products being delivered, the user is entitled to terminate the contract ("Contract Termination under art. 61, paragraph III, Consumer Code"), without prejudice to the right to compensation for damages. The user is not burdened with the obligation to grant the Additional Period under art. 61, paragraph III, Consumer Code ("Excluded Cases") if: a) T-Data S.r.l. has expressly refused to deliver the Products; b) compliance with the Delivery Term indicated during the purchase process and in the order confirmation must be considered essential, taking into account all the circumstances that accompanied the conclusion of the contract; c) the user informed T-Data S.r.l., before the conclusion of the contract, that delivery by or on a specific date is essential. In the Excluded Cases, if the user does not receive the Products within the delivery term indicated during the purchase process and in the order confirmation, they are entitled to immediately terminate the contract, without prejudice to the right to compensation for damages ("Contract Termination in Excluded Cases"). The indication of the Additional Period under art. 61, paragraph III, Consumer Code and the communication of Contract Termination under art. 61, paragraph III, Consumer Code or Contract Termination in Excluded Cases must be communicated by the user to T-Data S.r.l. at the addresses referred to in art. 18 below. In the case of Contract Termination under art. 61, paragraph III, Consumer Code or Termination in Excluded Cases, T-Data S.r.l. will refund the Total Amount Due to the user without undue delay, and, in any case, no later than 15 working days from the termination of the contract, by re-crediting the same payment method used for the initial transaction.

14.10 In any case, T-Data S.r.l. undertakes to promptly notify the user by email of any delay in delivery ("Delay Notice"), simultaneously indicating a new delivery deadline, if available ("New Delivery Deadline"), and, if the user does not set the Additional Period under art. 61, paragraph III, Consumer Code or, where applicable, proceed with the Contract Termination under art. 61, paragraph III, Consumer Code or the Contract Termination in Excluded Cases, without prejudice to the user's right to avail themselves at any time of these remedies and/or the ordinary means of protection provided by law and, in particular, by Chapter XIV of Title II of Book IV of the Civil Code, T-Data S.r.l. undertakes, in case of delivery with a delay exceeding [7] working days compared to the New Delivery Deadline or, in any case, [10] working days compared to the original Delivery Deadline, to allow the user to refuse delivery and terminate the contract, with a consequent refund, in the manner indicated in art. 14.9 above, of the Total Amount Due, immediately and, in any case, within 15 working days from the request for termination of the contract or, alternatively, if the user does not wish to terminate the contract, to refund the user the Shipping Costs, plus, regardless of the user's choice, to grant the user, upon request, a purchase voucher proportional to the Total Amount Due.

14.11 The purchase vouchers referred to in article 14.10 above will be granted by activating a personalized code, which will be sent to the user by email, within [15] days from the day the conditions for their issuance were met. They will be usable on the Website within a maximum period of [3] months from their issuance.

14.12 In the event of failure to send the Delay Notice or failure to set the New Delivery Deadline therein, all deadlines referred to in art. 14.10 above will run from the original Delivery Deadline. Acceptance of the New Delivery Deadline and/or the user's choices referred to in art. 14.10 above must be promptly communicated to T-Data S.r.l. by email to the address referred to in art. 18 below.

14.13 It is the user's responsibility to check the condition of the Product delivered. Without prejudice to the fact that the risk of loss or damage to the Products, for reasons not attributable to T-Data S.r.l., is transferred to the user when the user, or a third party designated by them and different from the carrier, physically takes possession of the Products, the user is advised to verify the number of Products received and that the packaging is intact, undamaged, not wet or otherwise altered, including in the sealing materials (adhesive tape) and is invited, in their own interest, to indicate any anomalies on the carrier's transport document, accepting the package with reservations. The unconditional receipt of the Products, in fact, does not allow the user to take legal action against the courier, in the event of loss or damage to the Products, unless the loss or damage is due to fraud or gross negligence of the courier itself and except for partial loss or damage not recognizable at the time of delivery, provided that in the latter case, the damage is reported as soon as it is known and no later than eight days after receipt. If the packaging shows obvious signs of tampering or alteration, the user is also advised to promptly notify Customer Service. In any case, the application of the rules on the right of withdrawal and legal guarantee of conformity remains unaffected.

14.14 Those who have not collected the package more than twice for different orders cannot make purchases on the Site. Should such individuals place orders in violation of this provision, the purchase contract may be considered terminated pursuant to and for the purposes of art. 1456 of the Civil Code. The termination of the contract will be communicated to the user via email. The Total Amount Due will be refunded to the user according to the methods and timelines set out in art. 14.9 above.

14.15 While reminding the user of the possibility of disposing of their used WEEE product (Waste Electrical and Electronic Equipment) at local eco-centers or collection points, T-Data S.r.l., in compliance with the provisions of Legislative Decree 14 March 2014 n. 49, offers, upon the supply of a new electrical and electronic appliance intended for a household, the free collection, on a one-to-one basis, of the used appliance, provided that it is of an equivalent type to the new appliance supplied ("WEEE Service"). The Product Page indicates whether the Product is subject to WEEE; through the appropriate link accessible from this page, as well as through the "WEEE Information" link in the footer of the Site, the user is provided with all information regarding the methods of free collection and how the user can request such collection.

14.16 The provision of the WEEE Service, where necessary, will take place as follows:

  • once the purchase process is completed and the order payment has been made in the manner indicated in article 13 above, the user, to request the WEEE Service, must send an email to segafredo.seller.espshop@t-data.it with the subject "WEEE Collection" indicating the order number of the equivalent new appliance purchased;

  • in case of purchase of multiple products, the user must specify in the body of the email the quantity of products for which they wish to use the WEEE Service, a number that cannot be greater than the quantity of products purchased (e.g., for the purchase of 1 coffee machine, the user can request the collection of 1 used coffee machine but not 1 coffee grinder or 2 coffee machines);

  • the user will then be contacted by the courier appointed by T-Data S.r.l. within and no later than seven working days following the request for the WEEE Service, in order to arrange the collection date;

  • WEEE collection, unless otherwise indicated by the user, will take place no later than 30 working days from receipt of the request;

  • on the agreed date, the user must ensure that the used product is ready for collection, packaged, and retrievable from its location. Please note that the collection address for the appliance to be collected must match the delivery address of the new appliance purchased;

  • the user acknowledges that, if during collection it emerges that the used appliance is not of an equivalent type to the new appliance provided, the courier appointed by T-Data S.r.l. will not proceed with the collection of the Product, and in the event that such discrepancy emerges from the WEEE Service request email, the courier will not contact the user;

  • finally, the user is informed that, pursuant to art. 12, paragraph IV, Legislative Decree 49/2014, WEEE collection may be refused: (i) if there is a risk of contamination to the personnel in charge of collection; (ii) if the WEEE is missing its essential components; (iii) if the appliance for which collection has been requested contains waste other than WEEE.

15. Right of Withdrawal

15.1 Pursuant to arts. 52 et seq. of the Consumer Code, users who qualify as consumers have the right to withdraw from the product purchase contract without having to provide any reason and without incurring costs other than those provided for in arts. 15.6 and 15.9 below, within a period of fourteen calendar days (“Withdrawal Period”). The Withdrawal Period expires after 14 days:

a) in the case of an order relating to a single Product, from the day on which the user or a third party, other than the carrier and designated by the user, acquires physical possession of the Products;

b) in the case of an order relating to the delivery of a Product consisting of multiple lots or pieces, from the day on which the user or a third party, other than the carrier and designated by the user, acquires physical possession of the last lot or piece.

15.2 To exercise the right of withdrawal, the user must inform T-Data S.r.l., before the expiry of the Withdrawal Period, of their decision to withdraw. To this end, the user may:

a) connect to the link in the menu and footer and use the standard withdrawal form (“Standard Withdrawal Form”) made available on the Website or select the specific item from the drop-down menu.

b) submit any other explicit statement of their decision to withdraw from the contract (“Withdrawal Declaration”).

15.3 T-Data S.r.l. offers the user the possibility to exercise the right of withdrawal online by following the instructions available via the "Returns" link, accessible from the footer of the Website. In case of exercising the right of withdrawal online, T-Data S.r.l. will immediately send the user, via e-mail, a confirmation of receipt of the withdrawal request. Please note that the user may be asked to indicate, if desired, the reason for the return; this indication is not mandatory; therefore, failure to indicate the reasons for withdrawal will not have any consequence on the exercise of the right of withdrawal.

15.4 The Withdrawal Declaration can also be sent to the following e-mail address  segafredo.seller.espshop@t-data.it,

15.5 The user has exercised their right of withdrawal within the Withdrawal Period if the communication relating to the exercise of the right of withdrawal is sent by the consumer before the expiry of the Withdrawal Period. In the event that the user uses the Withdrawal Declaration, the consumer is invited to indicate in the Withdrawal Declaration the order number, the Product(s) for which they intend to exercise the right of withdrawal, and their address. Please note that, since the burden of proof relating to the exercise of the right of withdrawal before the expiry of the Withdrawal Period rests with the user, it is in the user's interest to use a durable medium when communicating their withdrawal to T-Data S.r.l. In all cases of the right of withdrawal, regardless of the method, T-Data S.r.l. will send the user an email to which the RMA code will be attached, which the user is asked to display on the outside of the package, upon returning the Product subject to withdrawal, in order to facilitate the connection between this Product and the original order (“RMA Code”).

15.6 The user must return the Products to T-Data S.r.l., using a carrier of their choice and at their own expense, without undue delay and in any case within 14 calendar days from the date on which they communicated their decision to withdraw to T-Data S.r.l. (“Return Deadline”). The Return Deadline is met if the user sends back the Products before the expiry of the fourteen-day period. The Product, properly protected and packaged, must be returned to the following address:

"T-Data_ES modulo L1, Via Strasburgo 31, 41011 Campogalliano (MO)”

The direct costs of returning the Products are borne by the user, including any customs costs, as well as responsibility for their transport. In the case of Products that by their nature cannot normally be returned by post, the estimated maximum cost of return will be indicated in the standard instructions on withdrawal (“Standard Withdrawal Instructions”), identified by product type and based on the cost of delivery of the same. The Standard Withdrawal Instructions, containing information on exercising the right of withdrawal, are made available to the user on the Website before the conclusion of the contract, via the "Returns" link, accessible from the footer of the Website. The return of the Products takes place under the responsibility and at the expense of the user. The user is kindly requested to place the Product in its original packaging.

15.7 If the user withdraws from the contract, T-Data S.r.l. will refund the Total Amount Due or, in the case of Multiple Orders, the Partial Amount Due, including, in the first case, delivery costs, if applicable, without undue delay and, in any case, no later than 14 calendar days from the day on which T-Data S.r.l. receives the returned goods at its warehouses. The refund will be made using the same payment method or payment solution used by the user for the initial transaction, unless the user has expressly agreed otherwise. In any case, the user will not incur any costs as a result of such refund. T-Data S.r.l. may suspend the refund until receipt of the Products subject to withdrawal or until the user has demonstrated that they have returned such products, if earlier. In the case of partial withdrawal from Multiple Orders, Shipping Costs will not be refunded, as they are attributable to the delivery of the Products for which the user has not exercised the right of withdrawal, for the reasons set out in art. 14.5 above.

15.8 The user is solely responsible for any diminished value of the goods resulting from handling of the Product other than what is necessary to establish the nature, characteristics, and functioning of the Product. The Product must in any case be stored, handled, and inspected with normal diligence and returned intact, complete in all its parts, perfectly functional, accompanied by all accessories, leaflets, identification tags, labels, and the disposable seal, where present, still attached to the Product and intact and untampered with, as well as perfectly suitable for its intended use and free from signs of wear or dirt and, if possible, in its original packaging. Furthermore, the right of withdrawal applies to the Product in its entirety. It cannot therefore be exercised in relation to parts and/or accessories of the Product.

15.9 In the event that the Product for which the right of withdrawal has been exercised has suffered a decrease in value resulting from handling of the goods other than what is necessary to establish the nature, characteristics, and functioning of the Product, the refund amount may be reduced by an amount equal to such decrease in value. T-Data S.r.l. will inform the user of this circumstance and the consequent reduced refund amount within 5 working days of receiving the Product, providing the user, if the refund has already been paid, with the bank details for the payment of the amount due from the user due to the decrease in value of the Product.

15.10 In the event that the right of withdrawal has not been exercised in accordance with the applicable regulations, it will not lead to the termination of the contract and, consequently, will not entitle the user to any refund. T-Data S.r.l. will notify the user within 5 working days of receipt of the Product, rejecting the withdrawal request. The Product will remain available to the user for collection, which must take place at the user's expense and under their responsibility.

15.11 The user is reminded that the right of withdrawal is excluded in the cases referred to in art. 59 of the Consumer Code. In the event that, due to one of the legal hypotheses, the right of withdrawal does not apply, specific and express communication of this exclusion will be provided on the Product Page and/or, in any case, during the purchase process, before the user proceeds with the transmission of the order.

16. Legal Guarantee

16.1. All products sold on the Website are covered by the legal guarantee of conformity provided for by arts. 128-135-vicies ter of the Consumer Code (“Legal Guarantee”).

16.2. To whom it applies

The Legal Guarantee is reserved for consumers. It therefore applies only to users who have made a purchase on the Website for purposes unrelated to any entrepreneurial, commercial, craft, or professional activity carried out. For those who have purchased on the Website and do not qualify as consumers, the guarantees for defects of the sold item, the guarantee for promised and essential quality defects, and other guarantees provided by the Civil Code with their relative terms, forfeitures, and limitations will apply.

16.3. When it applies

The seller (and, therefore, for purchases made on the Website, T-Data S.r.l.) is liable to the consumer for any lack of conformity existing at the time of delivery of the product and which manifests within two years from such delivery.

Unless proven otherwise, it is presumed that defects of conformity that manifest within twelve months of delivery of the product already existed at that date, unless this hypothesis is incompatible with the nature of the product or with the nature of the defect of conformity. From the thirteenth month following the delivery of the product, however, it will be the consumer's responsibility to prove that the defect of conformity already existed at the time of delivery of the same.

In order to benefit from the Legal Guarantee, the user must therefore first provide proof of the date of purchase and delivery of the goods. It is therefore advisable for the user, for the purpose of such proof, to keep the order confirmation email or the purchase invoice, if requested, or the transport document or any other document that can attest to the date of purchase (for example, the credit card statement or bank statement) and delivery.

The action to enforce defects not fraudulently concealed by the seller is prescribed within twenty-six months from the delivery of the goods.

16.4 What is a lack of conformity

There is a lack of conformity when the purchased good:

From a subjective point of view:

1. does not correspond to the contractual description, type, quantity, and quality and is not functional, compatible, and interoperable;

2. is not suitable for the particular use desired by the consumer and brought to the attention of the seller at the time of concluding the contract and which the seller has accepted;

3. is not supplied with all accessories and instructions;

4. is not updated as provided for in the sales contract;

From an objective point of view:

1. is not suitable for the use for which goods of the same type are normally used;

2. does not conform to the description made by the seller and does not possess the qualities of the good that the seller presented to the consumer as a sample or model;

3. is not delivered with accessories, including packaging and installation instructions.

4. does not present the qualities and performance customary for goods of the same type, which the consumer can reasonably expect, also taking into account statements made in advertising or labeling.

Therefore, any faults or malfunctions caused by accidental events or user responsibility, or by a use of the product not in accordance with its intended use and/or with what is provided in the technical documentation attached to the product, are excluded from the scope of application of the Legal Guarantee.

16.5 Remedies available to the user

In case of a duly reported lack of conformity within the terms, the user has the right:

  • primarily, to the free repair or replacement of the goods, at their choice, unless the requested remedy is objectively impossible or excessively onerous compared to the other;

  • secondarily (i.e., if repair or replacement is impossible or excessively onerous, or repair or replacement has not been carried out within a reasonable time, or repair or replacement previously carried out has caused considerable inconvenience to the consumer) to a price reduction or termination of the contract, at their choice. The price reduction is proportional to the decrease in value of the goods received by the consumer compared to the value they would have had if they had been conforming.

The requested remedy is excessively onerous if it imposes unreasonable expenses on the seller compared to alternative remedies that can be pursued, taking into account (i) the value that the good would have if there were no lack of conformity; (ii) the extent of the lack of conformity; (iii) the possibility that the alternative remedy can be pursued without significant inconvenience for the consumer.

16.6    What to do in the presence of a lack of conformity

In the event that a product purchased on the Website, during the validity period of the Legal Guarantee, shows what could be a lack of conformity, the user can either contact Customer Service, at the addresses referred to in art. 18 below, or directly follow the procedure indicated below. The user must, by following the instructions made available via the "Returns and Refunds" link, accessible from the footer of the Website, select "Warranty return request" from the drop-down menu, as well as a description of the defect; (i) if the defect is visible, attach photographic documentation to support the request or, if the defect is not visible, a detailed description of it; (ii) also attach a copy of the order confirmation and/or invoice, if requested. T-Data S.r.l. will promptly respond to the report of the alleged lack of conformity and, if, based on the documentation received, it believes there is a well-founded suspicion that the alleged lack of conformity may exist, without prejudice, on the one hand, to the rights granted to the user by law and, on the other hand, to T-Data S.r.l.'s right to ascertain the non-existence of the alleged defect, T-Data S.r.l. will send the user a code (“RMA Code”) to be affixed to the outside of the package and inserted into the package along with the Product subject to the report and will contact the user to agree on the collection of the Product, at T-Data S.r.l.'s expense. Upon receipt of the RMA Code, the user must hand over the package (containing the Product subject to the report) to the courier sent by T-Data S.r.l. on the agreed day and time.

Upon receipt of the reported Product, T-Data S.r.l. will verify the existence or non-existence of the alleged defect. If it considers that the defect exists:

a)    in the event that the available remedy is the repair of the Product, T-Data S.r.l. will carry out, also through third parties and, specifically, Segafredo Zanetti SpA, the repair of the Product and will, at its own expense, deliver the repaired Product to the user within a maximum of 60 working days from the day on which it became aware of the report, upon receiving the Legal Guarantee Request Form;

b) in the event that the available remedy is the replacement of the Product, T-Data S.r.l. will terminate the purchase contract and refund the Total Due Amount paid by the user, using the same payment method used for the initial transaction, within a maximum of 60 working days from the day it became aware of the report, upon receipt of the Legal Warranty Request Form; the user must then place a new order through the Website for the replacement Product, proceeding with payment in the manner indicated in Article 13 above; T-Data S.r.l. will then deliver the replacement Product to the user, at its own expense, within the delivery term indicated during the purchase process, and will refund the user the Shipping Costs associated with the order of the replacement Product by issuing a shopping voucher of a corresponding amount; with regard to this shopping voucher, Article 14.11 above applies.

If, however, T-Data S.r.l., after receiving the reported Product, determines, after verification, that the alleged lack of conformity does not exist, it will inform the user by e-mail and contact them to arrange for the collection or delivery of the Product, which must take place at the user's expense and responsibility, without prejudice to the rights recognized to the user by law.

17. Manufacturer's Conventional Warranty

17.1 Products sold on the Website may, depending on their nature, be covered by a conventional warranty provided by the manufacturer ("Conventional Warranty"). The user can only claim this warranty directly from the manufacturer. The duration, extent (including territorial), conditions and methods of use, types of damage/defects covered, and any limitations of the Conventional Warranty depend on the manufacturer and are indicated in the warranty certificate contained in the product packaging. The Conventional Warranty is voluntary in nature, does not replace, limit, prejudice, or exclude the Legal Warranty.

18. Customer service and complaints

18.1 It is possible to request information, send communications, or submit complaints by contacting customer service ("Customer Service") in the following ways:

  • by e-mail, to  segafredo.seller.espshop@t-data.it

  • through the Website, by accessing the "Contact Us" section and/or through the "live chat" located at the bottom left of all pages of the Website.

18.2 T-Data S.r.l. will respond to complaints by e-mail or post within a maximum of [5] working days from receipt of the request.

19. Applicable law and competent court

19.1 The purchase contract concluded through the Website is governed by Italian law.

19.2 The application of any more favorable and mandatory provisions provided by the law of the country in which consumer users who do not have their habitual residence in Italy are habitually resident is reserved, in particular in relation to the deadline for exercising the right of withdrawal, the deadline for returning the Products, in the event of exercising such right, the methods and formalities of communicating the same, and the legal warranty of conformity.

19.3 It is reminded that in the case of a consumer user, for any dispute relating to the application, execution, and interpretation of these General Terms and Conditions of Sale, the competent court is the court of the place where the user resides or has elected domicile.

20. Alternative Dispute Resolution ADR/ODR

20.1 Pursuant to Article 141-sexies, paragraph III, of the Consumer Code, T-Data S.r.l. informs the user who qualifies as a consumer as per Article 3, paragraph 1, letter a) of the Consumer Code, that, should they have submitted a complaint directly to T-Data S.r.l. which, however, did not resolve the dispute, T-Data S.r.l. will provide information regarding the Alternative Dispute Resolution body or bodies for the out-of-court resolution of disputes relating to obligations arising from a contract concluded under these General Terms and Conditions of Sale (so-called ADR bodies, as indicated in Articles 141-bis et seq. of the Consumer Code), specifying whether it intends to use such bodies to resolve the dispute.

20.2 T-Data S.r.l. also informs the user who qualifies as a consumer as per Article 3, paragraph 1, letter a) of the Consumer Code that a European platform for online consumer dispute resolution (so-called ODR platform) has been established. The ODR platform can be accessed at http://ec.europa.eu/consumers/odr/; through the ODR platform, the consumer user can consult the list of ADR bodies, find the link to each of their websites, and initiate an online dispute resolution procedure in which they are involved.

20.3 In any case, the right of the consumer user to appeal to the ordinary competent court for the dispute arising from these General Terms and Conditions of Sale is reserved, regardless of the outcome of the out-of-court settlement procedure, as well as the possibility, where the conditions are met, to promote an out-of-court resolution of disputes relating to consumer relations by resorting to the procedures referred to in Part V, Title II-bis of the Consumer Code.

20.4 Furthermore, for any cross-border dispute relating to the application, execution, and interpretation of T-Data s.r.l.'s General Terms and Conditions of Sale, the user, who habitually resides or is domiciled in a Member State of the European Union other than Italy, may initiate the European procedure established for small claims by Council Regulation (EC) No. 861/2007 of 11 July 2007, before the competent judicial body, provided that the value of the dispute does not exceed, excluding interest, rights, and expenses, Euro 5,000.00 on the date on which the competent judicial body receives the application form. The text of the Regulation can be found on the website https://eur-lex.europa.eu/eli/reg/2007/861/oj.