Terms and Conditions of Service

Purchases of products or services made on Personalcoffee.it (the “ Site ”) are governed by the following conditions (the “ Conditions ”).

By clicking on the “I accept” button, the user accepts the Conditions without limitations or reservations.

The Site is owned by IF srl, with registered office in via Vittorelli, 40, 36061 Bassano del Grappa (VI), Italy, VAT number IT03291520249, Tax Code 03291520249.

1. Services offered by the site
1.1 The Site allows you to use web to print services (collectively the “Services”), including the personalized content printing service (which does not include, as better specified in the following paragraphs, any editorial service or control over any violations of third party rights), in various formats and on different media (the “__Products__”) with home delivery via postal delivery services exclusively in the Italian territory. Unless otherwise specified, these Conditions apply to all Services offered by Personalcoffee, where compatible. The execution of the Services may be entrusted by Personalcoffee to third party subcontractors or subsuppliers.

1.2 To access the Services, you must register on the Site in the dedicated area reserved for the User. During registration, Users will be asked to specify whether they intend to register and therefore make purchases as a company, sole proprietorship/freelancer, private individual or association, also specifying the User's nationality. Only purchases of Services made by private Users will be subject to the applicable regulations on consumers, pursuant to the provisions of Legislative Decree 06.09.2005 n. 206 (the "Consumer Code").

The credentials created to access the Site may also be used as credentials to register on the site www.aquaepolveri.com (the “Aqua E Polveri Site”), always attributable to IF srl, unless the User avails himself of the option to choose different credentials for the Aqua E Polveri Site. Registration on the Aqua E Polveri Site is always optional.

1.3 All final prices of the Services displayed on the Site are expressed in euros and can be viewed both with and without VAT, depending on the country or type of registration. The prices of the Services may be subject to periodic changes. For certain Products and offers, shipping costs are to be considered included. For all other Products, these are the responsibility of the User.


2. Product choice, order and purchase method
2.1 The information and details contained on the Site must not be considered offers: they simply constitute an invitation to Users to conclude business by submitting purchase orders. The proposal to purchase the Products is formulated by the User when sending the order form in electronic format at the end of the procedure provided by the Site and described below.

2.2 After logging in, the User may proceed to select the Products as described in the relevant sections, selecting them one by one, customizing them, and adding the desired quantities to their shopping cart. Some images may be provided for information purposes and may differ from the appearance of the delivered Product.

2.3 Unless the User opts for the images or designs suggested by Personalcoffee for some Products, once the estimate has been confirmed and payment has been completed (with the exception of bank transfer options), the User will be asked to complete the order by uploading the content that he/she wishes to print into the "File Sending Area".

2.4 Where there are technical problems that prevent the User from uploading files to the appropriate "File Sending Area" on the Site, the User may use third-party file-sharing services to share files with Personalcoffee. Personalcoffee will retain proof of receipt of the file by reporting such receipt on the User's account screen on the Site. The User declares and guarantees that he or she is the owner of all rights relating to the use of the content uploaded via the external file-sharing service. The User also declares and guarantees that the content uploaded does not violate any intellectual property rights of third parties and that it does not cause damage to the image, honor, decorum, moral integrity or in any case any patrimonial or non-patrimonial damage resulting from the printing of the images or content uploaded by the User.

2.5 The User remains solely responsible for checking the content, spelling and graphics of the uploaded files.

2.6 Once you have selected the desired items, a screen will be displayed for sending the order, indicating the total costs and expenses for all the Products and/or Services selected.

2.7 After sending the order, the User will receive an order confirmation which will report the type of Products ordered, the price of each of them, the related taxes, the delivery costs, as well as the chosen payment method. The contract is considered concluded and binding when Personalcoffee sends the order confirmation to the User at the email address indicated by the same in the registration on the Site. Nevertheless, the Parties agree that, without prejudice to the moment of conclusion of the aforementioned contract, the transfer of ownership of the Products from Personalcoffee to the User will take place with the delivery of the same to the courier, pursuant to the following article 8.

2.8 Personalcoffee reserves the right, at its sole discretion, not to process any order. This may also occur in the event that:
- the data provided by the User when completing the order form are incomplete or incorrect;
- the User does not meet the requirements to comply with the payment conditions;
- the Products ordered are not available.

In the cases indicated above, Personalcoffee will inform the User via email that the order proposal has not been accepted (in whole or in part) specifying the reasons and, therefore, the contract is not concluded. In this case, Personalcoffee will refund the Customer User any sums already paid by the latter.

2.9 The contract will be archived with the right for the Customer to access it.


3. Payments
3.1 The customer may purchase the Services online and make payments using the various payment methods indicated on the Site, following the instructions indicated for the purchase procedure.
The information required for payment will be forwarded, via encrypted protocols, to the payment institution entrusted by Personalcoffee with remote electronic payment services, without the possibility of access by third parties. Payments must be made in advance and, only after payment and uploading of the "compliant" file by the User, the selected items will be put into production.
3.2 For payments via Bank Transfer, production will begin only after the payment has been credited and, consequently, delivery may be postponed by 2-3 days, plus time for printing and shipping. In this case, it is also necessary to insert the order number in the reason for payment to identify the transaction.

For cash on delivery payments, the order goes directly to the production phase upon uploading of the "compliant" file. This purchase method does not affect delivery times. Purchases will be invoiced during shipping. Personalcoffee reserves the right, in any case, to not accept this payment method, evaluating the circumstances of the case at its discretion. In this case, the User will be contacted immediately to agree on the payment methods.

3.3 The invoice will be made available to the customer in his/her reserved area in a dedicated section: it will be the customer's responsibility to access this area, print the document and keep it in accordance with the regulations in force.


4. User Responsibilities
4.1 The selection of contents and images to be printed, as well as the acquisition of the relative authorizations for their reproduction, where necessary, as well as the use of personal information relating to the recipients, remain the exclusive responsibility of the Users.

4.2 Personalcoffee cannot be held responsible in any way for the unauthorized use of images by Users and for any type of violation of third party rights existing on them.

The User is solely responsible for all consequences of uploading content and images to be printed on the Site. For the purposes of using the content uploaded by the User, the User declares to be, to have verified and guarantees to be in possession of the necessary permissions, licenses, rights and/or authorizations to upload such content to the Site and to use it within the scope of the Services, including reproduction in print. Personalcoffee declines all responsibility in relation to such content, confidentiality, use, publication and/or dissemination thereof.

The User therefore exonerates Personalcoffee, also undertaking to hold it harmless and indemnify it, from any liability towards third parties who may complain of violations of intellectual property rights, damage to image, honor, decorum, moral integrity or in any case any patrimonial and non-patrimonial damage resulting from the printing of images and contents uploaded by the User himself, as well as resulting from the use of personal information and/or the receipt of the Products by the recipients of the Service.

4.3. The User declares to know and undertakes to comply with the technical specifications present on the Site in relation to the composition and permitted use of the materials that constitute the Products. The User assumes full responsibility in this regard and therefore exonerates Personalcoffee, also undertaking to hold it harmless and indemnify it, from any liability, including for pecuniary or non-pecuniary damage, for incorrect use of the Products or use not in compliance with their technical specifications by the User or third parties.

4.4 The User declares to be aware of the provisions regarding (i) environmental labelling and indication for the collection of packaging waste provided for by art. 219 of Legislative Decree 3 April 2006 n. 152 and the related sanctions provided for their violation by art. 261 of Legislative Decree 3 April 2006 n. 152 and (ii) marking for single-use plastic products provided for by Directive (EU) 2019/904 (implemented by Legislative Decree 196/2021; EU Regulation 2020/2151). Furthermore, the User declares to acknowledge the circumstance that Personalcoffee makes available on its Site, in correspondence with each type of material, the information concerning environmental labelling (in particular the reproduction of the pictogram with mention of the appropriate code), thus providing the User with adequate information regarding the activities to be carried out. The User therefore (a) undertakes to fully comply with the regulations cited in the use and marketing of the Products, taking care that the contents and images to be printed bear the correct and necessary references in this regard, (b) assumes all responsibility in this regard and (c) therefore exonerates Personalcoffee, also undertaking to hold it harmless and indemnify it, from any liability, damage (financial or non-financial), cost or sanction, deriving from failure to comply with the regulations indicated above.

4.5 Personalcoffee will not proceed in any case to verify the contents except for what concerns the graphic compatibility with the specific requests. Personalcoffee reserves in any case the right to block, and if necessary cancel, any order whose contents are defamatory, violent or otherwise contrary to public order and morality or illegal.


5. Automatic verification of uploaded files
5.1 The Personalcoffee system verifies the mere compatibility in terms of format, size, resolution and possible presence of open fonts, verification of fonts and conversion of these into paths, verification of any whites in overprinting and passage in punching, as well as the conversion of any Pantones to the best profile for the requested printing (the system does not inform about the Pantone colors present in the file, but directly provides for their conversion into CMYK). The verification system does not carry out any checks relating to any violations of third party rights.

5.2 In case of non-compliance with the file sent, the system will block the order. In this case, the User will be notified by email and invited to proceed with the uploading of a new file with consequent postponement of the delivery date.


6. Delivery and shipping times
6.1 The delivery of the Products will be carried out on the dates selected by the User during the estimate phase.

6.2 Since this is a sale with shipment, the terms are merely indicative and not guaranteed since, regardless of the amount paid by the User, they depend on the delivery performance of third parties such as couriers and are intended to be calculated starting from the completion of the order, i.e. upon the outcome of the file upload and receipt of confirmation. The delivery dates are valid for the majority of a given national territory. The islands and more remote areas could be served in two or more additional working days.

6.3 The order must be considered incomplete until the file has been uploaded by the User and the relative payment has been made. In the event of the purchase of a customized product, if the User does not upload the file within 15 days from the order date, the order will be cancelled. In the event of a non-compliant file, if this is not replaced within a time limit of 15 days, the order will be cancelled.

In the event of cancellation of the order for reasons attributable to the User, Personalcoffee will apply a penalty of Euro 10.00, as a reimbursement for the costs of taking charge and managing the order procedure.

6.4 Without prejudice to the provisions of the previous point 6.3, shipping and delivery will take place within the terms selected in the estimate provided that the purchase order is completed by 6:00 pm on the same day, or 10:00 am for deliveries within 24 hours. Receipts of files or payment confirmations after 6:30 pm/10:00 am will be considered to have taken place on the following working day.

Deliveries to trade fairs will not be handled.

Working days are defined as days from Monday to Friday excluding public holidays.

6.5 Personalcoffee will not be liable in any case for possible damages caused by delays in delivery, which is carried out by couriers who are third parties with respect to Personalcoffee.

6.6 The risks relating to the Products pass to the User upon delivery of the Products to the courier.

6.7 Deliveries relating to products on promotion, Promotions or Pre-orders will be made starting from the date indicated in the Promotion or Pre-order, according to the shipping choices made during the purchase phase.

7. Right of withdrawal.
7.1 Pursuant to the provisions of articles 52 et seq. of the Consumer Code, the User, who has the status of consumer, has the right to withdraw, without penalties and without having to specify the reason, within and no later than fourteen days from receipt of the Products (or, in the case of multiple goods ordered through a single Order and delivered separately, from the day on which the Customer or a third party designated by him, other than the carrier, acquires physical possession of the last good).

7.2 In order to exercise the right of withdrawal, the User must, before the expiry of the term referred to in the previous point, inform Personalcoffee of his decision by sending written communication to the following address:
IF srl - with operational headquarters in via Bassanese, 32 - 36060 Romano d'Ezzelino (VI) within 14 days of receiving the Products.

This communication can be sent by post, e-mail (if.pec@verimail.it).

7.3 In case of exercising the right of withdrawal, the User is required to return the Products received to Personalcoffee, sending them to its headquarters at the address indicated above, without undue delay and in any case within fourteen days following the date on which he communicated his decision to withdraw; the deadline is considered respected if the User sends back the Products before the expiry of the fourteen-day period.

7.4 The direct cost of returning the Products is borne by the User.

7.5 The User is required to return the Products in an intact state of conservation. The packaging of the Products must be accurate, in order to safeguard the original packaging from damage, affixing of writings or labels. The consumer is responsible for the decrease in value of the goods resulting from a handling of the goods other than that necessary to establish the nature, characteristics or functioning of the same.

7.6 Where the right of withdrawal has been exercised in accordance with the aforementioned provisions, Personalcoffee will, within fourteen days of receiving the notice of withdrawal, return to the User all payments received, in relation to the order to which the withdrawal refers, using the same means of payment used by the User for the initial transaction where this does not entail costs for the User resulting from the refund; however, pursuant to art. 56, paragraph III, of the Consumer Code, Personalcoffee is entitled to withhold the refund until it has received the goods or until the User has demonstrated that he has returned the goods, depending on which situation occurs first.

7.7 Pursuant to art. 59 letter c of the Consumer Code, Personalcoffee informs Users that the right of withdrawal is excluded for all Products and goods made to measure or personalized for the User with the printing of contents or images selected and uploaded by the User himself.

7.8 Returns of food products such as capsules, coffee beans or ground coffee purchased directly from retailers, shops, agents or via internet or telephone channels will not normally be accepted. In particular, for products purchased in-store, once they have left the premises Personalcoffee will no longer be able to exchange or replace the product: it is therefore up to the customer to check, at the time of delivery, the quantity and condition of the products and, in the event of anomalies and/or missing items/products, to report this to the staff of the premises before leaving the shop. Exceptions are cases in which the anomalies (crushed capsules and/or with missing parts, packaging defects, etc.) cannot be detected by the customer at the time of purchase: in this case the replacements will be accepted, subject to verification by Personalcoffee.


8. Disclaimer - Product Defects
8.1 Personalcoffee shall not be liable to the User for damages of any kind, whether direct or indirect, arising from any errors, of any nature, in the printing of the file sent by the customer, except in the case of fraud or gross negligence.

In the event of printing errors not attributable to the User or delivery of a defective or damaged product, Personalcoffee will be required to perform only one reprint of the material.

Users who qualify as consumers may request from Personalcoffee, within the term set forth in art. 132 of the Consumer Code, the remedies provided for by the Consumer Code itself for defects of conformity of the Products existing at the time of delivery of the goods.

8.2 Upon delivery, the User is required to carefully examine the products received. Any defects in the delivered goods, errors in printing or packaging of the material not attributable to the User, must be reported immediately to the courier or to the customer service. The goods must be collected by signing with specific reservation of control. The User must then open a report, taking care to attach photographic documentation where requested within 8 days of receiving the material. Personalcoffee will do its best to respond to reports received within 24 (twenty-four) hours.


9. Applicable law, jurisdiction and competent court. Alternative dispute resolution.
9.1 These Conditions and orders issued pursuant to them are subject to Italian law.

9.2 All disputes relating to the interpretation and/or execution of these Conditions and orders issued pursuant to them will be under the exclusive jurisdiction of
- of the court of Vicenza (Italy), in the case of purchases made by Users who do not qualify as consumers;
or
- of the court of residence or domicile of the User, in the case of purchases made by Users who can be classified as consumers.

9.3 The consumer residing in the European Union must be aware of the fact that the European Commission has established an online platform that provides an alternative dispute resolution tool. This tool can be used by the European consumer to resolve in a non-judicial manner any dispute relating to and/or arising from contracts for the sale of goods and services stipulated online. Consequently and without prejudice to the provisions of this article 9, the User who makes purchases as a consumer may use this platform to resolve any dispute arising from the online contract stipulated with Personalcoffee. The platform is available at the following link: https://webgate.ec.europa.eu/odr/main/?event=main.home.show&lng=IT .


10. Contacts
10.1 For further information and assistance on the Site or on the methods of purchasing on the Site or on Orders, Users may contact Personalcoffee through customer service using the following methods info @personalcoffee.it , or by letter to the address below: IF srl, via Bassanese, 32 - 36060 Romano d'Ezzelino (VI), Italy.