1 scope
The General Terms and Conditions (hereinafter “Terms and conditions”) apply to the use and all legal transactions carried out via the online shop www.labottegadelcaffe.ch be completed (hereinafter “Online-Shop" called). The online shop is run by Luca Michelli, Gexistrasse 6, 5600 Lenzburg operated (hereinafter Buon Caffè by Luca Michelli called).
Buon Caffè by Luca Michelli reserves the right to change these general terms and conditions, delivery and payment conditions and data protection regulations at any time. The version of these General Terms and Conditions valid at the time of the order is decisive and cannot be changed unilaterally for this order. These terms and conditions apply exclusively. Any conditions that conflict with, supplement or deviate from these General Terms and Conditions require the express written confirmation of Buon Caffè by Luca Michelli to be valid.
The range of products and services in the online shop is aimed exclusively at customers with a residence or company headquarters in Switzerland or Liechtenstein. A customer is any natural or legal person who maintains business relationships with Buon Caffè by Luca Michelli. The offer is valid as long as the product can be found via the search engine in the online shop and/or stocks last.
Deliveries are made exclusively to addresses in Switzerland or Liechtenstein.
For all product orders requiring a minimum age of 18 years (especially alcohol and tobacco products), the customer confirms compliance with these legal provisions by placing the order. Buon Caffè by Luca Michelli reserves the right to carry out an age check before handing over or delivering the goods.
Orders in non-standard household quantities can be rejected without justification.
Buon Caffè by Luca Michelli endeavors to provide all details and information on this website correctly, completely, up-to-date and clearly arranged, but Buon Caffè by Luca Michelli cannot guarantee this either expressly or implicitly.
All offers on this website are non-binding and are not to be understood as binding offers.
2.1 Product and price
Images of products in advertising, brochures, online shops, etc. are for illustration purposes and are non-binding.
The information in the sales documents (drawings, illustrations, dimensions, weights and other services) are only to be understood as guidelines and are not to be understood as a binding offer.
All sales prices published in the online shop represent final prices, which include all taxes (in particular VAT), any advanced recycling fees (vRG), costs for packaging/s, delivery costs and all other possible duties, fees or costs.
The only exception to this is a possible small quantity surcharge, which is charged by Buon Caffè by Luca Michelli. In addition to the final price, a small quantity surcharge of a maximum of CHF 9.00 will be charged if the total of the shopping cart in an order is less than CHF 30.00. Technical changes and errors remain reserved; in particular, Buon Caffè by Luca Michelli can make price changes at any time and without prior notice. The decisive factor for the conclusion of the purchase contract is the price in the online shop at the time of the order. The sales prices do not include consulting and support services.
2.2 Availability and delivery time
Buon Caffè by Luca Michelli attaches great importance to providing up-to-date and accurate information about availability and delivery times in the online shop. However, delivery delays may occur, particularly due to production or delivery bottlenecks. Buon Caffè by Luca Michelli cannot guarantee that the products listed will be available at the time of ordering. Therefore, all information regarding availability and delivery times are without guarantee and can change at any time and without notice.
3 Conclusion of Contract
The offers on this website represent a non-binding invitation to the customer to order products and/or services from Buon Caffè by Luca Michelli. The products and prices in the online shop are considered an offer. However, this offer is always subject to the condition that delivery is impossible or that the price is incorrect, which terminates the contract.
The purchase contract for products or services from Buon Caffè by Luca Michelli is concluded as soon as the customer places their order in the online shop, by telephone or by email (hereinafter “Purchase contract" called). By ordering via this website, including accepting these terms and conditions, the customer is making a legally binding offer to conclude a contract.
The arrival of an online order is notified to the customer by means of an automatically generated order confirmation from Buon Caffè by Luca Michelli to the email address they provided. Receipt of the automatically generated order confirmation does not contain any promise that the product can actually be delivered. It simply shows the customer that the order placed has arrived at the online shop and the contract with Buon Caffè by Luca Michelli has therefore been concluded under the condition of delivery and the correct price.
Orders placed are binding for customers. Unless otherwise stated, there is no right of return or withdrawal. The contract is concluded as soon as Buon Caffè by Luca Michelli sends a declaration of acceptance by email confirming the dispatch of the ordered products or services.
3.1 Age control & youth protection
In Switzerland, according to legal regulations, alcoholic drinks may not be sold to young people under the age of 16, and spirits may not be sold to minors under the age of 18. By placing an order on www.labottegadelcaffe.ch, the customer accepts these provisions and confirms that they are entitled to purchase. Buon Caffè by Luca Michelli declines any liability in the event of infringement.
If the order includes goods whose sale is subject to age restrictions, we use a reliable procedure including personal identity and age verification to ensure that the purchaser has reached the required minimum age.
4 delivery date
Orders will only be delivered after full payment has been received (exception: delivery against invoice) and provided the goods are available.
With the order confirmation, the customer is informed of a provisional delivery date or the customer is contacted and an individual delivery date is agreed.
If Buon Caffè by Luca Michelli is late in delivery, the customer (except for special orders) has the right to withdraw from the contract from the 30th calendar day since the originally announced delivery date. In this case, Buon Caffè by Luca Michelli will refund the customer any amounts already paid in advance. There are no further claims against Buon Caffè by Luca Michelli.
5 delivery
For Buon Caffè by Luca Michelli products and services, customers have access to all delivery options, which are noted in the online shop “Shipping and shipping costs”.
The customer's delivery address must be easily accessible in Switzerland or Liechtenstein. If this is not the case, the customer will bear any additional costs.
5.1 Default in acceptance
If the customer refuses to accept the delivery items after a grace period has expired or declares that he does not want to accept the goods, Buon Caffè by Luca Michelli can refuse to fulfill the contract and demand compensation for non-performance. Buon Caffè by Luca Michelli is entitled to claim either a flat rate of 25% of the agreed purchase price or compensation for the damage actually incurred from the customer.
6 Obligation to Inspect
The customer must immediately check delivered products for accuracy, completeness and delivery damage.
Delivery damage, incorrect and incomplete deliveries must be reported to Buon Caffè by Luca Michelli 5 calendar days from the time of collection or delivery. The report must be sent in writing electronically to the e-mail address “info@Buon Caffè by Luca Michelli.ch”.
7 warranty
7.1 Basic provisions
The warranty for the products is limited to products in the categories: coffee machines, kettles, tea machines and similar devices for making coffee and tea.
Buon Caffè by Luca Michelli guarantees that the ordered product is free of defects and functional for 24 months after delivery. The guarantee period continues regardless of the provision of any guarantee services. Buon Caffè by Luca Michelli can choose to extend the guarantee
- free repair (original warranty period continues on all products);
- Replacement with a new product by Buon Caffè by Luca Michelli (new warranty period of 2 years from replacement); or
- Credit at the current price (maximum the sales price at the time of the order)
provide.
Furthermore, Buon Caffè by Luca Michelli declines liability in the following cases:
- improper, contrary to contract or illegal storage, adjustment or use of the products;
- Use of incompatible spare parts or accessories (eg power supply);
- failure to maintain and / or improper modification or repair of the products by the customer or a third party;
- Force majeure, in particular natural hazards, moisture, fall and impact damage, etc., for which Buon Caffè by Luca Michelli is not responsible, and official orders.
If the end user is a company, a legal entity or if the device is not used in the home, the guarantee period is 12 months.
Wearing parts such as batteries, accumulators, power cables, adapters, lamps and software problems are excluded from Buon Caffè by Luca Michelli's warranty.
If the manufacturer's warranty goes beyond the Buon Caffè by Luca Michelli warranty, Buon Caffè by Luca Michelli will also grant this to the customer.
All further and in particular statutory warranty provisions are excluded.
Warranty or guarantee claims against Buon Caffè by Luca Michelli are only available to the direct customer and cannot be assigned.
The statutory warranty is completely excluded.
8 Liability and exclusion of liability
8.1 liability
Buon Caffè by Luca Michelli excludes any liability, regardless of the legal basis, as well as claims for damages against Buon Caffè by Luca Michelli and any auxiliary persons and vicarious agents. In particular, Buon Caffè by Luca Michelli is not liable for indirect damages and consequential damages, lost profits or other personal injuries, property damages and pure financial losses to the customer. Further mandatory legal liability remains reserved, for example for gross negligence or unlawful intent.
Furthermore, Buon Caffè by Luca Michelli declines liability in the following cases:
- improper, contrary to contract or illegal storage, adjustment or use of the products;
- Use of incompatible spare parts or accessories (eg power supply);
- failure to maintain and / or improper modification or repair of the products by the customer or a third party;
- Force majeure, in particular natural hazards, moisture, fall and impact damage, etc., for which Buon Caffè by Luca Michelli is not responsible, and official orders.
Buon Caffè by Luca Michelli only uses hyperlinks to simplify customer access to other advertising offers. Buon Caffè by Luca Michelli cannot know the details of the content of these websites, nor can it assume liability or other responsibility for the content of these websites. Buon Caffè by Luca Michelli does not guarantee that the individual parts of its website will function correctly. In addition, Buon Caffè by Luca Michelli declines any liability for manipulation of the Internet user's computer system by unauthorized persons.
9 payment
9.1 Payment options
Buon Caffè by Luca Michelli makes all payment claims for products and services purchased via the Buon Caffè by Luca Michelli online shops directly to the customer.
Payments must be made in Swiss francs (CHF).
The payment options specified in the ordering process are available to customers. Buon Caffè by Luca Michelli reserves the right to exclude customers from individual payment options or to insist on payment in advance without giving reasons.
The current payment method fees, which may be charged by Buon Caffè by Luca Michelli, can be seen under “Payment options” and are shown in detail in the ordering process.
When paying by credit card or other instant payment methods, the charge is made when ordering.
If you pay in advance, delivery will only take place after payment has been received. Buon Caffè by Luca Michelli products are reserved until the payment deadline of 10 calendar days has expired.
When purchasing on account (only permitted for products and goods from Buon Caffè by Luca Michelli), the customer is obliged to pay the invoice amount within 20 calendar days of receipt of the delivery without any (discount) deductions. In the event of a partial return of the delivered products, the invoice amount can be reduced accordingly.
Buon Caffè by Luca Michelli is entitled to make the delivery of orders dependent on a credit check. When placing an order, Buon Caffè by Luca Michelli is expressly authorized by the customer to carry out credit checks at its own discretion and, if necessary, to pass on the customer's data to third parties for this purpose.
9.2 Late Payment
If the customer fails to meet their payment obligations in whole or in part, all outstanding amounts that the customer owes to Buon Caffè by Luca Michelli under any title will become due immediately and Buon Caffè by Luca Michelli can immediately demand these and stop further deliveries of products to the customer .
Buon Caffè by Luca Michelli charges a processing fee of a maximum of CHF 20 for reminders.
If the customer defaults on payment, Buon Caffè by Luca Michelli is entitled to commission third parties to collect outstanding payments and to assign the claim to third parties at home and abroad. In the event of an assignment, all outstanding claims at that time will be assigned. This involves costs for customers.
9.3. Subscriptions
Only credit cards (Visa, Mastercard, American Express) are accepted for subscription orders. Once a subscription is purchased, Buon Caffè by Luca Michelli automatically charges the customer's credit card at the frequency chosen by the customer.
The subscription will be automatically renewed unless deactivated 24 hours before the end of the current subscription. There is no activation fee for a subscription. The subscription can be canceled at any time via the customer account (My Account/Subscriptions/Delete). The amount of the next extension will no longer be charged.
The shipping costs for subscriptions are described under “Shipping and shipping costs”.
9.4 retention of title
The products delivered to the customer remain the property of Buon Caffè by Luca Michelli until paid for in full. Buon Caffè by Luca Michelli is entitled to make a corresponding entry in the retention of title register. Prior to the transfer of ownership, pledging, transfer as security, processing or redesign is not permitted without the express consent of Buon Caffè by Luca Michelli.
10 Order Change or Cancellation
Orders oblige customers to accept the products and services. Buon Caffè by Luca Michelli or the dealer can accept subsequent changes or cancellations of orders from customers at their own discretion and a handling compensation of 20% of the canceled order value, but at least CHF 60.–, as well as any loss in value of the canceled products since then Invoice order.
11 Right of withdrawal
The customer is granted the right of withdrawal for 5 calendar days after receipt of the goods. The deadline is deemed to have been met if the customer sends the written cancellation to Buon Caffè by Luca Michelli by email (info@Buon Caffè by Luca Michelli.ch) within the deadline. The revocation does not require justification.
No right of withdrawal is granted in the following cases:
- If the contract has an element of chance, namely because the price is subject to fluctuations over which the provider has no influence.
- If the subject of the contract is a movable item which, due to its nature, is not suitable for return or which can spoil quickly;
- If the subject of the contract is a movable item that is made according to the consumer's specifications or is clearly tailored to personal needs;
Exercising the right of withdrawal will result in the contract being reversed. The customer must return the goods within 5 calendar days in their original packaging, complete with all accessories and together with the delivery note to the return address provided by Buon Caffè by Luca Michelli.
The customer must register the return of the products by email before they are returned and send them back according to the instructions provided in response. The products must be professionally packaged with all accessories in the original packaging. Buon Caffè by Luca Michelli reserves the right to demand appropriate compensation for damage, excessive wear and tear or loss of value due to improper handling and to deduct the reduction in value from the purchase price already paid or to invoice it to the customer.
Returns to Buon Caffè by Luca Michelli are made at the customer’s expense and risk. Any payment that has already been made will be refunded to the customer within 20 calendar days, provided Buon Caffè by Luca Michelli has already received the goods back or the customer can provide proof of shipping. The small quantity surcharge paid when ordering remains at the customer's expense and will not be refunded.
12 Repairs outside of warranty
The costs for repairs outside the warranty in accordance with Section 7 are borne by the customer. For devices that do not have any detectable defects or for which the defect is not covered by the warranty in accordance with Section 7, Buon Caffè by Luca Michelli reserves the right to charge the customer the costs of inspecting the claimed defect as well as the shipping costs.
13 Further provisions
13.1 Unassignable Returns
Returns that cannot be assigned to a customer or cannot be returned to a customer will be stored by Buon Caffè by Luca Michelli or the retailer for six months and then disposed of.
13.2 Warranty goods not collected or undeliverable
If goods that are related to the provision of the warranty in accordance with Section 7 are not picked up from the headquarters within six months of the collection request being sent to the customer or if the goods cannot be returned to them, Buon Caffè by Luca Michelli is entitled to take over the goods especially to dispose of them.
13.3 Datenschutz
Buon Caffè by Luca Michelli is committed to complying with data protection regulations when processing customer data. Further information on the handling of customer data can be found in the separate data protection declaration.
Buon Caffè by Luca Michelli may process and use the data recorded during the conclusion of the contract to fulfill the obligations arising from the purchase contract. The data necessary to fulfill the service can also be passed on to commissioned service partners (logistics partners). With contracts entered into with Buon Caffè by Luca Michelli, the logistics partner undertakes to use the data exclusively for processing orders and to use the data safely and carefully during use.
The data protection declaration applies to the processing of personal data by Buon Caffè by Luca Michelli. By accepting the general terms and conditions, the customer also agrees to the data protection declaration.
13.4 Partial invalidity
If a provision of these general terms and conditions is ineffective, this will have no influence on the effectiveness of the remaining provisions or the general terms and conditions as a whole. The relevant legal provisions apply in place of the invalid provision.
13.5 Jurisdiction and Applicable Law
All legal relationships between Buon Caffè by Luca Michelli and the customer are subject to substantive Swiss law. The Vienna Sales Convention is not applicable.
Zurich is the exclusive place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship.
13.6 Copyright Notice
All rights, namely copyrights, to these terms and conditions belong to Buon Caffè by Luca Michelli.
Any reproduction, distribution or other use is prohibited and is only permitted with the express written consent of Buon Caffè by Luca Michelli. If this requirement is violated, Buon Caffè by Luca Michelli reserves the right to take any legal action.
14. Contact
If you have any questions about these Terms and Conditions, please contact: ciao@labottegadelcaffe.ch
As of: January 1, 2024