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Sales terms and conditions for Meseta products online purchasing

The Meseta Capsules System sale offer is very clear, transparent and inexpensive. It can be summarized in the following points:

1) The sale offer is exclusively addressed to individuals
 
2) The machine, together with the first supply of 100 capsules, only costs 99 Euros
 
3) There are no obligations for minimum purchases of capsules. Users may purchase refill cartons when they wish according to their consumption requirements.
 
4) Capsules are sold in 100-piece cartons at 33 Euros per carton (i.e. 0.33 euro cents per capsule), to which shipping costs must be added.
 
5) The Meseta Capsules System machine becomes the property of the buyer (hence, no free loan for use is referred to in the agreement herein).

The set of contractual regulations governing the purchasing of the Meseta Capsules System (MCS) products from the www.mesetashop.it website follows below.

1. SALES TERMS AND CONDITIONS
1.1 Sales terms and conditions.
By sending an order, the buyer (hereinafter referred to as the “User”) accepts all the terms and conditions herein (hereinafter referred to as the “Conditions”) as binding and applicable to all the products advertised on our website www.mesetashop.it (hereinafter referred to as “Mesetashop”). Said Conditions should be read carefully and you should refrain from going ahead with your purchase unless you intend to accept them.
1.2 Keeping a copy of the sales terms and conditions.
Once you have terminated your online transaction, you shall print or save an electronic copy, and in any case keep a copy of the general sales terms and conditions, which are provided in compliance with that set forth in article 50 and foll. of Legislative  Decree No. 206/2005 on distant selling, as well as art. 12 of Legislative Decree No. 70/2003 on electronic commerce.  

2. WEBSITE OWNER
The Mesetashop website is managed by Coind Trading srl (hereinafter referred to as “Coind Trading”), a company based in Castel Maggiore (Bologna), via Saliceto 22/h, post code 40013, tax identification number and Italian register of companies number BO 03743340378 - R.E.A. (Administrative Economic Index) No. 313711 BO - V.A.T. No. IT00656791209, and subject to the coordination and control of Co.ind s.c., registered with the Italian register of companies of Bologna at No. 00291810372, and trading the Meseta Capsule System brand.

3. WHO IS THIS OFFER FOR?
This offer shall be exclusively available to individuals (so called "Consumers") based in Italy who are not acting for professional purposes. Orders coming from professionals/businesses, as they are defined in art. 18 of Legislative Decree No. 206/2005, and/or purchasing groups made out of commercial organizations or consumers shall not be accepted.

4. REGISTERING WITH THE SERVICE
4.1 Registration.
When you register with Mesetashop, you will have to submit accurate mandatory information aimed at finalizing the purchase and delivery of the products. If any changes affecting deliveries have occurred (e.g.: change of address), please promptly update your profile on Mesatashop.
4.2 User and password.
To benefit from the services provided by Mesetashop, individuals must register with the Mesetashop website. When initiating the registration process on Mesetashop, you will be asked to choose a password. This password is strictly confidential and shall not be disclosed to third parties.   Once you have registered, you shall be responsible for the use of your password and the orders placed through it, even if without your knowledge.

5. PRICES
The products listed on the Mesetashop website are on sale at the prices indicated and quoted in Euros.  These prices are VAT inclusive.  Any future price change will be published on http://www.mesetashop.it  

6. ENTERING THE AGREEMENT - RECEIPT OF ORDER - CONFIRMATION
6.1 Entering the agreement - receipt of order.
The sales agreement shall be considered reached once Coind Trading has received a complete detailed order from you.
6.2 Confirmation of receipt of order.
Coind Trading shall confirm receipt of the user's purchasing order by sending, to the address notified by the user, an e-mail with a confirmation message quoting date and time of execution of the order, as well as a “Customer Order Number”. The message will submit again all the details entered by the user, who shall make sure they are correct and promptly notify any amendments following the steps set forth in this document. Furthermore, the message will include a summary of the general and specific terms and conditions of the agreement, information on the essential characteristics of the goods, a detailed description of prices, means of payment, termination, delivery costs and applicable duties.

7. TIME LIMIT OF THE OFFER AND PRODUCT TYPES
7.1 Time limit.
The offer shall apply unless specified otherwise and/or till the offer is withdrawn, in which case prompt notification will be published on http://www.mesetashop.it .
7.2 Product types.
The User can only purchase products included in Coind Trading's electronic catalogue at the moment in which the order is placed. Products can be viewed on line, at (URL) http://www.mesetashop.it, where they are described as in the relevant information sheets. It being understood that the picture accompanying the information sheet of a product may not appropriately show its characteristics but differ in terms of colour, size, accessories included in the figure. All the information in support of the purchase should be considered simply as generic information that cannot be matched to the real characteristics of a single product.

8. DECLARATIONS BY THE USER
By submitting an order via the website, the User declares to:
a) be entitled to enter into agreements,
b) be of age,
c) accept responsibility concerning the accuracy and exhaustiveness of the information provided in the registration form.

9. PAYMENTS

9.1 Credit cards.
The payment of selected products must be carried out by Visa, Mastercard, Maestro or Moneta credit cards upon submitting the order. While finalising the online transaction, your bank will deal with the authorization procedure to charge the cost of the purchased item onto your credit card.
9.2 Cancelling your order.
If the order is cancelled by the User  before the product is shipped (as per the procedure set forth at point 15 below), Coind Trading will apply for the cancellation of the transaction.  For certain credit card types, transaction cancelling times change according to the banking system. Once the transaction has been cancelled, under no circumstances can Coind Trading srl be considered liable for any direct or indirect damage caused by the delayed reimbursement of the sum by the banking system.

10. SHIPMENT AND DELIVERY

10.1 Shipping the ordered items.
Subject to the availability of the items on stock, Coind Trading should normally take 5 (five) working days, from the date of the order confirmation message as per point 6.2 above, to hand the ordered items to the shipping agent for them to be delivered to the User, at the place indicated on the purchasing order, within the technical time required.
Coind Trading shall carry out the delivery of the ordered products only after receiving the payment of the items as per point 9 above.
10.2 Shipping costs.
Shipping costs shall be charged to the User, subject to any shipping contributions explicitly highlighted upon order confirmation as per point 6.2, which will be borne by Coind Trading. The shipping cost is entered into the order summary, under its specific heading. Nothing more than the order total is due by the User  (product price and shipping costs).
10.3 Delivery of ordered items.
Coind Trading may only accept orders to be delivered to Italian destinations.  No deliveries can be made to Livigno, Campione d'Italia, San Marino and the Vatican City.
Upon delivery of the products by the shipping agent, the User is supposed to make sure:
- that the number of parcels on delivery corresponds to that which is indicated in the transport document,
- that the package is neither damaged, nor wet or altered, including the sealing materials.
Once the shipping agent's document has been signed, the Customer will no longer be able to raise any dispute concerning the external characteristics of the delivered item.
10.4 D.D.T. (Transport Document) – List of shipped products
For each processed order, a regular Transport Document will be issued together with a list of shipped products.  These documents will be enclosed to the products to be delivered to the address indicated upon registration.
In the case of the “Give a gift to a friend” promotion the items shall be sent to the addressee's address indicated in the relevant Mesetashop form together with the Transport Document. The User sending the gift will directly receive the list at the address indicated upon registration.  The information provided by the User upon placement of the order will be evidence for the issue of the list above.
10.5 Missed collection of the ordered items.
After 3 (three) working days of the products on stock at the shipping agent's warehouse not being able to be either collected or delivered to the address indicated by the User, the order will be cancelled.
In this case, Coind Trading will return the sum received for the purpose of payment as per art. 13.5 but will retain 30% of said sum for the purpose of lump-sum expense and damage reimbursement.
10.6 Exclusion of Liability.
Coind Trading accepts no liabilities for shipments/deliveries completed later than the number of days indicated in this agreement or for delays due to natural causes, force majeure and/or road traffic.  

11. WARRANTIES

11.1 Terms and Conditions.
All the products sold by Coind Trading are covered by the warranties set forth in articles 128 and foll. of Legislative decree n° 206/2005 ("Codice del consumo", Consumer code). Hence, Coind Trading shall be liable for any defects which might appear over the 24 (twenty-four) months following the delivery of the products.  The User/Consumer shall forfeit his right if he does not report the defect to the seller within two months from the date that the problem was detected.
As for perishable products, the legal warranty shall be applicable up to the sell-by-date indicated on the product package.
To benefit from the after sale support under guarantee, the Buyer will have to keep the list of shipped products (or Transport Document) which he received on delivery.
In the case of lack of conformity, Coind Trading shall restore such product conformity, free of charge, by either repairing/replacing the item or reducing its price or returning the whole sum paid as per the provisions set forth in art. 13.5 below.  
To benefit from the warranty, first of all, the user will have to call the toll-free phone number indicated on the link and follow the instructions provided.
Coind Trading shall collect the products under guarantee at its own expense. Said products will have to be handed over to the person in charge of collection already packaged in a closed container.
Once the repair has been completed within the technical time-frame required, the products will be returned to the User at the expense of Coind Trading.
11.2 Exclusion of warranty.
All the parts which might be faulty as a result of negligence or careless use, failure to comply with the user instructions provided with the product, incorrect installation and/or maintenance, maintenance performed by unqualified staff, transport-related damage, or circumstances which cannot be traced back to the manufacturing of the product are not covered by this warranty.
Cosmetic and, in general, removable components are not covered by warranty unless it can be proved that there is a manufacturing defect. Installation and connection to the power supply are also excluded of the warranty.
Any service carried out under warranty on the coffee machine for use with MCS capsules shall neither extend nor renew the warranty terms of the machine. The faulty parts which are replaced automatically become the property of Coind Trading.
Warranty is also excluded in the case of incorrect use of the product.  Any commercial use of the products (including but not limited to the use made in bars, restaurants, community centres, etc.) leads to the forfeiture of any warranty rights.
If - as a result of the service carried out by Coind Trading or an after-sale centre authorized by Coind Trading - any reported fault is not found to be a case of non-conformity as per articles 128 and foll. of Legislative decree n° 206/2005, the Buyer will be charged with all the inspection and restoration costs claimed by the authorized After-sale centre, as well as the transport costs sustained by Coind Trading.
11.3 Exclusion of Liability.
No liability, with resulting claim for damages, may be imposed onto Coind Trading as a result of a forced stop or delays in carrying out repairs or replacements.

12. UNAVAILABILITY

In the case of the unavailability of the ordered products, Coind Trading will be able, at its discretion, to return the whole sum paid as per art. 13.5 or replace the product with one of similar or higher level. Once the circumstances above have taken place, Coind Trading shall promptly notify it to the User.

13. RIGHT OF WITHDRAWAL

13.1 Right of withdrawal from a purchase.
As per articles 64 and foll. of Legislative decree n° 206/2005, the Purchaser / Consumer has the right to withdraw from the purchasing agreement for any reasons, with no need to provide explanations and with no penalties, except for those types of products for which this is expressly excluded (cfr. art. 55 of Legislative decree n°206/2005) and subject to that which is set forth at points 13.3 and 13.4 below.
13.2 Modalities of exercising the right of withdrawal.
The right of withdrawal is exercised by sending, within 10 (ten) working days from the date of receipt of the products, a written notification to Coind Trading's address indicated at point 18 below by registered letter with advice of delivery. Said notification may be anticipated by telegram, electronic post or fax, provided that it will be confirmed within 48 hours by registered letter with advice of delivery.
Once the notification of withdrawal has been received, Coind Trading will take care of notifying the User about the appropriate way to return the products, which will have to reach Coind Trading within the 10 (ten) following days. No returns shall be accepted unless they are provided with a specific incoming goods authorization.
13.3 Withdrawal terms and conditions.
The right of withdrawal is subject to the following conditions:
- the right applies to the product purchased as a whole;  the right of withdrawal cannot be exercised only on a part of the purchased product;
- the purchased product will have to be intact and returned inside its original complete box (including package, documentation and accessories);  to limit the damage to the original package, the product will have to be put inside a second box, thus preventing labels or cello tape from being applied directly onto the original package of the product;
- the shipping costs relating to the returned item are charged to the User as provided for by the law;
- the User shall be completely responsible for the shipping until notification of receipt is issued by the Coind Trading's warehouses;  
- in the event of the product being damaged during transport, Coind Trading will notify the User within 5 (five) working days from receipt of the product at its warehouse, so as to allow the User to promptly report the damage to the shipping agent of his choice and obtain the reimbursement of the value of the item. Under such circumstances, the product will be put at the disposal of the customer for its return while the request for withdrawal will be cancelled;
- Coind Trading shall not accept liabilities for any damage to, theft or loss of items returned by shipments not covered by insurance;
- upon arrival in Coind Trading's warehouses, the product will be examined to evaluate its conditions and the presence of any damage or unlawful opening not caused by transport.
13.4 Forfeiture of the right of withdrawal.
Failure to meet the essential condition of integrity of the item shall lead to the full forfeiture of the right of withdrawal whenever Coind Trading proves that:
- essential components of the products are missing (accessories, manuals, parts, etc.);
- the product is damaged as a result of causes different from transport, such as negligence, careless use, failure to follow the user instructions, incorrect installation and/or maintenance, incorrect use or tampering.
In the case of forfeiture of the right of withdrawal, the sums paid by the User as per point 9 shall be kept by Coind Trading, as will be notified by registered letter with advice of return by Coind Trading.  The product will be kept at the Coind Trading's warehouses ready for collection by the Customer for 30 (thirty) days starting from the day the registered letter above was sent.  Once this period of time has elapsed, the product will be eliminated with no further notice.
13.5 Reimbursement.
Once the User/Consumer's right of withdrawal has been verified, Coind Trading will return the entire sum paid within 30 days from the arrival of the returns by reverse entry of the amount previously charged onto the credit card or by bank transfer.  In the latter case, it will be the responsibility of the customer to promptly provide the relevant bank details for reimbursement (the IBAN number of the receipt holder).

14. LIMITS OF LIABILITY

Subject to cases of serious damage resulting from malice or serious negligence attributable to Coind Trading Srl, Coind Trading Srl will not be liable for any damage which may result, directly or indirectly, from people, animals and things as a consequence of the products being unduly used or, in any case, used without complying with the methods of use and preservation set forth in the relevant instruction book and mainly concerning installation, use and maintenance of the MCS capsule coffee machine.

15. COMMUNICATIONS BETWEEN THE PARTIES
15.1 Form of communication.
Each communication concerning this agreement will have to be sent in writing.
15.2 Coind Trading's communications to the User.
The User accepts that Coind Trading may send him communications in writing by sending them to his postal address or by electronic mail, also including them on the Mesetashop website.  
15.3 User's communications to Coind Trading.
Subject to that which is provided for at point 13.2, the User will send all his communications to Coind Trading srl exclusively by post and/or by e-mail to the addresses indicated at poin18 below.
The communications including disputes and/or complaints, even though they are anticipated by e-mail or fax, will have to be confirmed by registered letter with advice of receipt sent to the address indicated at point 18.

16. APPLICABLE CONDITIONS AND THEIR AMENDMENT
Subject to Coind Trading's right to amend the Terms and conditions of the agreement at any time, the User will be subject to the terms and conditions in force at the moment of placing the order.

17. LANGUAGE OF THE AGREEMENT - APPLICABLE LAW - JURISDICTION
17.1 Language of the agreement.
The agreement herein has been written in Italian.
17.2 Applicable law.
This agreement is regulated by the Italian law, namely by Legislative decree n° 206/2005 (“Consumer code”) and n°70/2003 (Electronic commerce).
17.3 Jurisdiction.
Since the User is a "Consumer", the court in the place of the User's residence shall have jurisdiction for any disputes arising from the interpretation, performance and termination of the agreement herein.
In all other cases, should the agreement be entered into despite the failure to comply with the provisions included in point 3, the Court of Bologna shall have jurisdiction.

18. ADDRESS

The seller's addresses are specified below:
Postal address: Coind Trading srl. - via Saliceto 22/h – 40013 Castel Maggiore (Bologna)
E-Mail: info@meseta.it
Coind Trading srl. - VAT number IT00656791209, Tax code and Register of Companies No. Bo 03743340378, R.E.A. (Repertorio Economico Amministrativo, Administrative Economic Index) No. 313711 BO - All rights reserved.

Pursuant to and for the purposes of articles 1341 and 1342 of the Italian Civil Code, the clauses below are specifically approved:
3. Who is this offer for; 9. Payments: 9.2 Cancelling your order; 10.Shipment and Delivery: 10.3 Delivery of ordered items, 10.5  Failure to collect the ordered items, 10.6 Exclusion of liability; 11 Warranties: 11.1 Terms and Conditions., 11.2 Exclusion of warranty., 11.3 Exclusion of liability; 12 Unavailability – 13 Right of withdrawal: 13.1 Right of withdrawal from a purchase, 13.2 Modalities of exercising the right of withdrawal, 13.3 Withdrawal terms and conditions, 13.4 Forfeiture of the right of withdrawal, 13.5 Reimbursement; 14 Limits of liability; 17 Language of the agreement - Applicable Law -  Jurisdiction: 17.1 Language of the agreement., 17.2 Applicable law., 17.3 Jurisdiction.