GENERAL TERMS AND CONDITIONS OF SALE
Important notice: This English version is a courtesy translation of the Italian Terms and Conditions. In case of discrepancy, the Italian version shall prevail, without prejudice to any mandatory consumer protection rights applicable by law.
Art. 1 - Seller identity and contact details
The seller of the products offered on the Website is SA.I.DA. Distributori Automatici S.r.l., VAT number 05569410821, with registered/operating address at Via Eugenio Leotta n. 13, 90142 Palermo, Italy, hereinafter also referred to as the “Seller” or “SA.I.DA.”.
- E-mail address: store@saidaespressocialde.com
- Telephone: +39 091 6379547 - +39 091 7861033
- Website: www.saidagustoespresso.com
Communications relating to orders, deliveries, withdrawal and warranty may be sent to the contact details indicated above, without prejudice to the availability of the online functions present on the Website and in the personal account area.
Art. 2 - Definitions, capacity to act and Customer status
2.1 “Website” means www.saidagustoespresso.com and any other SA.I.DA. domain where these Terms are expressly referred to.
2.2 “Customer” means the natural or legal person who submits an order.
2.3 “Consumer” means the natural person acting for purposes unrelated to their business, commercial, craft or professional activity. “Professional Customer” means any person purchasing within the scope of their activity, including for use in offices, shops, bars, restaurants or other professional premises, or for resale.
2.4 The mandatory protections provided by the Consumer Code, including the right of withdrawal, apply exclusively to the Consumer. The provisions expressly reserved for Consumers do not apply to the Professional Customer; the relevant relationship is governed by the general provisions of these Terms, insofar as compatible, and by the specific provisions of Art. 24.
2.5 The Customer must correctly select, during the purchase, their status as private customer or professional customer and must provide truthful data. The legal classification of the relationship remains determined by the objective purpose of the purchase and by the applicable rules.
2.6 The Customer declares that they are at least eighteen years old and have the necessary capacity to conclude the contract. SA.I.DA. may refuse orders where reasonable doubts arise regarding the Customer’s capacity, declared identity or the legitimacy of the transaction, in compliance with the law.
Art. 3 - Scope of application, contractual documents and amendments
3.1 These Terms govern sales concluded through the Website. They apply to orders placed by telephone or e-mail only when they are referred to in the offer or in the written confirmation sent to the Customer.
3.2 The following form part of the contract, in the following order of precedence: any specific offer accepted by the Customer, the order summary, the specific terms stated in the product page and these Terms.
3.3 The applicable Terms are those available and accepted at the time the order is submitted. Any subsequent amendments apply exclusively to future orders and do not affect contracts already concluded.
3.4 The Customer may store and reproduce the Terms. SA.I.DA. makes a downloadable version available and stores the version associated with the order in accordance with applicable law.
3.5 The contractual language is Italian. Any translations are provided as a courtesy; in case of discrepancy, the Italian text shall prevail, without prejudice to the Customer’s mandatory rights.
3.6 Before submitting the order, the Customer may identify and correct input errors using the cart and checkout functions. The contractual document is stored electronically and made accessible within the limits and for the time provided by law, including through the account or durable-medium communications.
3.7 SA.I.DA. does not adhere to specific codes of conduct other than those, if any, indicated on the Website. Any future adherence will be communicated in the manner required by law.
Art. 4 - Products, characteristics, images and availability
4.1 The Website sells, among other items, coffee pods, capsules and beans, coffee machines and accessories, drinks, craft beers, food products, household and pet products, and the further categories indicated in the catalogue.
4.2 The essential characteristics, quantity, format, ingredients, allergens, warnings, compatibility and any other relevant information are stated in the product page and, where required, on the label or packaging.
4.3 Images are for illustrative purposes. Non-substantial differences in packaging, graphics, colour shades or presentation due to manufacturer updates are allowed, provided that they do not change the identity, quantity, essential characteristics, compatibility, safety or contractually due quality of the product.
4.4 SA.I.DA. does not replace products with different products without the Customer’s consent. In case of unavailability, the Customer is informed and any amounts collected for the unavailable product are refunded without undue delay.
4.5 The displayed availability may vary until the order is accepted. SA.I.DA. may set reasonable quantity limits for a single order, especially in the presence of promotions, safety needs, suspected abuse or undeclared professional use.
4.6 Before placing the order, the Customer must verify that the product system, format, model and compatibility correspond to the machine or intended use, based on the clear information present in the product page. An incompatible choice made despite correct information does not constitute a lack of conformity; for Consumers, withdrawal, where applicable, and other mandatory rights remain available.
4.7 The Customer must comply with the instructions for use, storage, safety and recall communicated by the manufacturer or by SA.I.DA. In the presence of a safety notice or recall, SA.I.DA. may contact the Customer and organise the necessary measures, without limiting mandatory liabilities provided by law.
Art. 5 - Sale of alcoholic beverages
5.1 The purchase and delivery of beer or other alcoholic beverages are reserved exclusively to persons who are at least eighteen years old.
5.2 By placing the order, the Customer declares that they are of legal age. Where legal age is not evident, SA.I.DA., the carrier or the staff in charge of collection may request an identity document; the sale or delivery will be refused if age cannot be verified or reasonable doubts arise regarding the declaration made.
5.3 The Customer may not indicate a minor as recipient of alcoholic beverages. False declarations and the improper use of another person’s identity remain attributable to the person who makes them, without prejudice to SA.I.DA.’s mandatory obligations.
Art. 6 - Prices, promotions, discount codes, gifts and loyalty points
6.1 The applicable prices are those indicated on the Website at the time the order is submitted. For Consumers, prices include VAT, unless otherwise indicated as allowed by law. Delivery costs, supplements, taxes and any applicable charges are shown separately before the order.
6.2 SA.I.DA. may amend prices and promotional conditions for the future. No amendment affects an order already accepted.
6.3 In case of a manifest material error in the price or description, recognisable by a reasonable Customer, SA.I.DA. may refuse the order before acceptance and promptly inform the Customer. If payment has already been collected, it will be reversed or refunded without undue delay.
6.4 Discount codes may be used only during the period, on the products and under the conditions indicated. Unless expressly provided otherwise, they are not cumulative, not convertible into cash and not applicable retroactively. Failure to enter the code does not entitle the Customer to a subsequent price reduction; the Consumer’s mandatory rights remain unaffected.
6.5 In case of refund, the amount actually paid for the item is refunded, taking into account the discounts applied. Promotional codes are not automatically reissued, unless otherwise provided in the promotion.
6.6 Gifts expressly accepted and linked to a purchase or promotion form part of the economic transaction. In case of total withdrawal they must be returned together with the goods to which they are linked; failure to return them may be considered when determining any decrease in value, within the limits allowed by law.
6.7 Loyalty points have no monetary value. In case of cancellation, withdrawal or refund, points accrued or used are adjusted according to the programme rules, without conversion into cash.
6.8 When a price reduction is announced, SA.I.DA. indicates the previous price in the cases and manner provided by applicable law. Specific rules for perishable products, progressive sales and other cases provided by law remain applicable.
Art. 7 - Registration, account and Customer data
7.1 Where required, registration must be carried out with complete, correct and updated data. The Customer is responsible for keeping their credentials safe and must promptly report unauthorised access.
7.2 The Customer must indicate a valid e-mail address and telephone number, necessary for communications relating to the contract, delivery and assistance. Communications sent to the declared contact details are presumed to be knowable according to the applicable rules, unless proven otherwise.
7.3 SA.I.DA. may suspend an account in case of unlawful use, fraud, security breach, false data or abuse of promotions, providing the required information and without prejudice to orders already concluded, refunds and mandatory rights.
7.4 The Consumer may exercise the right of withdrawal through the dedicated function available in their personal account area, accessible from the “Right of withdrawal and returns” section, as well as through the additional methods indicated in these Terms.
Art. 8 - Order procedure and conclusion of the contract
8.1 Before submitting the order, the Customer views the summary of products, quantities, total price, delivery costs, payment and delivery methods, as well as the information required by law, and may correct any errors.
8.2 Submission of the order through the button bearing the wording “Order with obligation to pay”, “Order and pay” or an equivalent unequivocal wording constitutes a contractual proposal by the Customer.
8.3 The automatic receipt communication only certifies that the order has been received and does not constitute acceptance, unless it expressly bears the wording “Order acceptance”. The contract is concluded when SA.I.DA. sends a separate acceptance confirmation or the shipment confirmation expressly stating acceptance.
8.4 Before acceptance, SA.I.DA. may refuse the order due to unavailability, manifest error, failure to authorise payment, reasonable suspicion of fraud or abuse, impossibility of delivery, regulatory breaches, failure to verify age for alcoholic products or quantities incompatible with the declared status. The Customer is informed without undue delay and any amounts collected are returned.
8.5 Requests for modification or cancellation received before acceptance are assessed compatibly with the processing status. After conclusion of the contract, the right of withdrawal and other remedies provided by law remain applicable.
8.6 For telephone contracts with a Consumer, SA.I.DA. confirms the offer on a durable medium and the Consumer is bound only after signing or written acceptance of the offer, in the cases provided by law.
Art. 9 - Payments
9.1 Only the payment methods indicated at checkout are available. Payment may be managed by third-party providers according to their respective terms and notices.
9.2 SA.I.DA. may carry out proportionate anti-fraud checks and request information necessary to verify the identity of the payer. In the absence of verification it may suspend or refuse the order before acceptance.
9.3 For cash on delivery, a supplement of EUR 4.99 is applied, clearly indicated before the order, for orders up to EUR 500.00. The supplement may not exceed the costs allowed by applicable law.
9.4 Any refunds due will be made within the terms and according to the methods provided by applicable law, through the same payment method used for the purchase, unless a different agreement is allowed by law.
9.5 A manifestly unfounded chargeback or payment dispute does not extinguish any debt of the Customer. The legitimate dispute rights recognised by law and by the payment provider remain unaffected.
Art. 10 - Delivery, collection at premises and transfer of risk
10.1 The Customer may choose, where available, delivery by carrier or collection at the premises located at Via Eugenio Leotta n. 13, 90142 Palermo, Italy.
10.2 For Italy, the ordinary estimated delivery times are 48/72 working hours from acceptance; for abroad, 10/15 working days. These terms are indicative, unless expressly qualified as essential. For Consumers, delivery takes place in any case without undue delay and no later than thirty days from conclusion of the contract, unless a different term is agreed.
10.3 The Customer receives, where available, the tracking code. Deliveries normally take place from Monday to Friday, excluding holidays and carrier closures.
10.4 For collection at premises, SA.I.DA. informs the Customer when the order is ready. The Customer must collect it within 5 days from the order or agree on a different term. If the term expires without collection after a reminder, SA.I.DA. may terminate the contract and request any actual and documented costs attributable to the failure to collect, without prejudice to the Consumer’s mandatory rights.
10.5 The risk of loss or damage passes to the Consumer when the Consumer, or a third party designated by them other than the carrier, acquires physical possession of the goods. If the Consumer independently appoints a carrier not proposed by SA.I.DA., the risk passes upon delivery of the goods to that carrier, within the limits of the law.
10.6 SA.I.DA. may make partial deliveries where this does not involve additional costs for the Consumer and does not cause a significant inconvenience.
10.7 Delays due to events beyond SA.I.DA.’s reasonable control, including natural events, authority measures, general strikes, customs blocks, sudden unavailability of transport or infrastructure interruptions, do not generate liability for the strictly necessary period, without prejudice to the duty to inform the Customer and to the mandatory remedies provided for delay or non-delivery.
Art. 11 - Incorrect delivery data, absence, refusal, failure to collect and customs charges
11.1 The Customer must indicate a complete, correct and accessible address, the name appearing on the doorbell and useful contact details, and must be available within the times communicated by the carrier.
11.2 Where delivery fails due to a fact attributable to the Customer, such as incorrect or incomplete address, recipient unavailable, repeated absence, refusal without valid reason, failure to collect at a storage point or failure to pay customs charges, SA.I.DA. may request only the further actual, necessary and documented costs causally produced by the Customer’s conduct, such as storage, return to sender, new shipment, customs clearance or mandatory disposal.
11.3 No flat-rate penalties are applied. Before a new shipment, SA.I.DA. may request advance payment of the documented costs of the previous attempt and of the new shipment.
11.4 Free promotional shipping does not exempt the Customer from further costs generated by their own breach. The mandatory rules on withdrawal remain unaffected: in case of valid withdrawal, the Consumer bears only the costs allowed by law, including the direct cost of return if previously informed.
11.5 The mere refusal or failure to collect the parcel does not, in itself, replace an unequivocal declaration of withdrawal. The Consumer must communicate their decision by one of the methods set out in Art. 15. If the return to sender takes place following a validly communicated withdrawal, the cost charged by the carrier for the return may be borne by the Consumer as a direct cost of return, within the limits of the law.
11.6 For shipments to non-EU countries or territories, any customs duties, import taxes, customs clearance charges and other charges applied by the authorities of the destination country are not included in the price of the products or in the shipping costs and remain payable by the Customer. These amounts are determined by the competent authorities and cannot be calculated in advance by SA.I.DA. The Customer is responsible for paying the charges required for import and for carrying out the necessary customs-clearance formalities. In case of non-payment, refusal or failure to release the shipment for a reason attributable to the Customer, the actual and documented resulting costs, including storage, return and new shipping costs, shall remain payable by the Customer within the limits permitted by law.
Art. 12 - Checks upon delivery, transport damage and wrong product
12.1 Upon delivery, the Customer is invited to check the number of packages, the integrity of the packaging and the presence of signs of impact, opening, wetness or tampering.
12.2 In the presence of external anomalies, it is advisable to accept with specific reservation, describing the damage on the carrier’s document, photograph the package and label and promptly inform SA.I.DA. These actions facilitate management of the claim against the carrier.
12.3 Hidden damage, missing products or items different from those ordered must be reported without undue delay to store@saidaespressocialde.com or through the RMA procedure, attaching, where reasonably possible, photographs, order number and description.
12.4 Where the problem is attributable to SA.I.DA. or falls within the legal warranty, SA.I.DA. bears the necessary costs of collection, replacement, repair or refund. The Customer must make the item available and follow reasonable instructions that do not involve significant costs or inconvenience.
12.5 The Customer who receives a clearly wrong product must refrain from using it beyond what is necessary to identify it and must keep it with ordinary diligence until collection.
Art. 13 - Shipping rates
13.1 Italy - Final Consumer
- Orders up to EUR 39.99: EUR 5.00.
- Orders from EUR 40.00: free standard delivery.
- Cash on delivery: EUR 4.99 supplement for orders up to EUR 500.00, even when standard delivery is free.
- Collection at Via Eugenio Leotta n. 13, Palermo: free of charge.
13.2 International shipments - Final Consumer
The cost is automatically calculated before the order based on destination and chargeable weight, determined by considering the higher of actual weight and volumetric weight. For non-EU destinations, unless otherwise indicated, the delivery term is DAP and customs duties, import taxes and customs clearance costs are payable by the recipient.
13.3 Resellers and Professional Customers
For professional orders, rates are calculated based on destination and chargeable weight. The minimum order in the Reseller area is EUR 100.00. For deliveries in Italy, orders from EUR 1,200.00 including VAT benefit from free standard shipping, unless special conditions are shown before the order. Collection at premises is free of charge.
The rates indicated are those in force on the date of this version. For the single order, the amount shown at checkout before submission prevails. Rates may be changed only for future orders.
Art. 14 - Subscriptions and periodic deliveries, where available
14.1 Before joining a subscription, the Website indicates the price, frequency, duration, any minimum period, renewal method, payment, delivery and cancellation.
14.2 The Customer may stop future renewals through the personal account area or the indicated contact details, complying with any technical deadline communicated before joining. Cancellation does not affect orders already accepted or already entrusted to the carrier.
14.3 Any price changes apply only to subsequent renewals and are communicated with reasonable notice, allowing the Customer to cancel before application.
14.4 For contracts for the periodic delivery of goods during a defined period, the withdrawal period runs from physical possession of the first item, unless a different mandatory rule applies.
Art. 15 - Consumer’s right of withdrawal
15.1 Subject to the exceptions in Art. 19, the Consumer has fourteen calendar days to withdraw without giving reasons and without costs other than those expressly provided by law.
15.2 For sales contracts, the period runs from the day on which the Consumer or a third party designated by them, other than the carrier, acquires physical possession of the goods. In case of multiple goods delivered separately, it runs from possession of the last item; for goods consisting of multiple lots or pieces, from the last lot or piece.
15.3 Withdrawal may also be exercised before delivery. If the order has already been entrusted to the carrier, the Consumer remains liable for the direct cost of return in the cases and within the limits provided by law.
15.4 The Consumer may use the online function accessible from the “Right of return” page and from the personal account area, identified by the wording “Return Requests (RMA)” or equivalent at the link: RIGHT OF RETURN
The procedure allows the Consumer to indicate name, order or contract concerned and electronic contact address, and ends with the “Confirm withdrawal” command. After submission, SA.I.DA. sends without undue delay a receipt on a durable medium containing the declaration, date and time of transmission.
15.5 Withdrawal is timely if the declaration is transmitted before expiry. The burden of proving its exercise lies with the Consumer; it is therefore advisable to keep the receipt.
15.6 Any RMA number has exclusively organisational purposes and does not constitute prior authorisation or a condition for the validity of withdrawal.
15.7 If SA.I.DA. omits the information on withdrawal, the extension of the period provided by law applies.
Art. 16 - Return in case of withdrawal and costs borne by the Consumer
16.1 The Consumer must return the goods without undue delay and in any case within fourteen days from communication of withdrawal, sending them to SA.I.DA. Distributori Automatici S.r.l., Via Eugenio Leotta n. 13, 90142 Palermo, Italy. The deadline is met if the goods are handed over to the carrier before expiry.
16.2 The direct cost of return for mere change of mind is entirely borne by the Consumer. Parcels sent carriage forward or cash on delivery are not accepted, unless previously authorised in writing by SA.I.DA.
16.3 Upon request, SA.I.DA. may offer a collection service. Before acceptance it communicates the related cost; if the Consumer expressly accepts it, that cost may be withheld from the refund as a direct return cost.
16.4 The item must be packaged appropriately according to its nature and weight, protecting the product and commercial packaging. Use of an external box is recommended, without applying labels directly to the original packaging.
16.5 All components, accessories, manuals, documents and gifts linked to the purchase must be returned. The original packaging is recommended and its absence does not automatically determine loss of withdrawal; however, it may affect the decrease in value where it objectively compromises resale value or protection of the item.
16.6 The Consumer must keep proof of shipment and choose a suitable carrier. Damage resulting from insufficient packaging or from failure to comply with shipping instructions remains at the Consumer’s expense, within the limits allowed by law.
16.7 For returns from non-EU countries, the Consumer must use the correct customs procedure for returned goods. Duties, charges or costs caused by incorrect or incomplete documentation remain at the Consumer’s expense if actually incurred and documented by SA.I.DA.
Art. 17 - Decrease in value of returned goods
17.1 The Consumer is liable only for the decrease in value resulting from handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
17.2 By way of example, the following may determine a decrease in value: prolonged or repeated use; preparation of drinks or use of consumables beyond what is strictly necessary for verification; non-reversible activations or configurations; scratches, stains, odours, residues, breakages; missing accessories; removal of seals not connected to one of the exclusions under Art. 19; damage to the packaging where it concretely affects resale value or safety of the item.
17.3 SA.I.DA. may deduct from the refund only an actual, proportionate and documentable decrease, communicating to the Consumer the elements used for the calculation, such as photographs, reasonable restoration cost, commercial depreciation or residual value.
17.4 A decrease in value does not automatically result in loss of the right of withdrawal.
Art. 18 - Refund following withdrawal
18.1 In case of withdrawal from the entire contract, SA.I.DA. refunds all payments received, including the cost of the least expensive standard delivery method offered, without undue delay and in any case within fourteen days from communication of withdrawal.
18.2 Supplementary costs resulting from the express choice of a delivery method more expensive than the least expensive standard method are not refunded.
18.3 Unless SA.I.DA. has offered to collect the goods, the refund may be withheld until receipt of the goods or until proof of their shipment is provided, whichever occurs first.
18.4 The refund is made using the same payment method, unless a different express agreement without costs for the Consumer is reached.
18.5 SA.I.DA. allows partial withdrawal for individual products sold separately. For a pack, kit or bundle sold as a single commercial unit or with a single price, withdrawal concerns the entire unit, unless SA.I.DA. voluntarily accepts a partial return.
18.6 In case of partial withdrawal, the price actually attributed to the returned goods in the order summary is refunded, taking into account the portion of discount allocated to them. The initial delivery costs are not refunded where the Customer keeps goods for which the same delivery would have been due at the same cost.
18.7 For promotions with multiple separate goods, discounts on the entire order or conditional gifts, the refund is calculated according to the allocation of the price and discount resulting from the order or according to proportional criteria previously communicated. The Customer cannot obtain, for the returned item, more than what was actually paid. Gifts linked to the item or promotional threshold must be returned; failure to return them may affect only the economic value actually not returned, without penalties.
Art. 19 - Exceptions to the right of withdrawal
In the cases provided by Art. 59 of the Consumer Code, the right of withdrawal is excluded, among other things, for:
- goods made to measure or clearly personalised;
- goods liable to deteriorate or expire rapidly;
- sealed goods which are not suitable for return for reasons of hygiene or health protection and which have been opened after delivery;
- goods which, after delivery, are by their nature inseparably mixed with other goods;
- alcoholic beverages whose price was agreed at the time of conclusion of the contract, whose delivery can take place only after thirty days and whose value depends on market fluctuations not controlled by the Seller;
- digital content not supplied on a tangible medium where performance has begun with the Consumer’s prior express consent, with acknowledgement of loss of the right of withdrawal and with the confirmation required by law;
- services fully performed where the conditions apply and the consents expressly required by law have been obtained.
The right of withdrawal is also excluded in any further cases and upon occurrence of the conditions provided by Art. 59 of the Consumer Code.
Art. 20 - Optional commercial returns outside the right of withdrawal
20.1 Outside legal withdrawal, warranty and errors attributable to SA.I.DA., the Customer has no automatic right to return.
20.2 SA.I.DA. may accept, at its discretion and with written agreement, an optional commercial return, establishing in advance the terms, required product condition, transport costs, any actual costs of inspection or reconditioning and the form of refund or voucher.
20.3 The terms of an optional commercial return do not in any way limit the withdrawal or legal warranty rights of the Consumer.
Art. 21 - Legal guarantee of conformity for Consumers
21.1 Goods purchased by the Consumer are subject to the legal guarantee of conformity in the cases, within the terms and with the limits provided by Arts. 128 et seq. of the Consumer Code. SA.I.DA. is liable exclusively for lack of conformity existing at the time of delivery and manifesting within the period provided by law.
21.2 The legal guarantee does not cover damage, deterioration or malfunctions arising after delivery and caused by normal wear and tear, natural consumption or deterioration of the product, improper use, failure to follow instructions, inadequate storage or maintenance, limescale, incorrect installation attributable to the Customer, impacts, falls, liquids, power surges, tampering, unauthorised repairs, use of incompatible accessories or consumables or any other cause not attributable to an original lack of conformity.
21.3 The Consumer who intends to report a defect must contact SA.I.DA. through the RMA procedure or the e-mail address indicated on the Website, specifying the order number, the product concerned, the nature of the anomaly and, where reasonably necessary, providing photographs, videos, serial number and further useful documentation. The item must be made available to SA.I.DA. for the necessary technical checks.
21.4 Where a lack of conformity covered by the legal guarantee is ascertained, the remedies provided by applicable law will be applied. Repair or replacement may be excluded where impossible or excessively onerous compared with the alternative remedy. Price reduction or termination of the contract will be recognised exclusively in the cases provided by law; termination is not allowed for minor defects.
21.5 Where the check excludes the existence of a lack of conformity and ascertains that the anomaly derives from a cause attributable to the Customer or in any case not covered by the legal guarantee, any costs of diagnosis, transport, return and repair may be charged to the Customer, after communication of the relevant amount or estimate.
21.6 Any commercial guarantees offered by the manufacturer or by other parties operate according to their respective conditions and do not modify the applicable legal guarantee regime.
Art. 22 - Claims for wrong, missing, damaged or non-conforming product
22.1 The Customer must select the correct reason in the RMA procedure: “wrong or missing product”, “transport damage”, “legal warranty/defect” or “optional commercial return”.
22.2 Where the cause is a preparation error attributable to SA.I.DA., damage occurring before transfer of risk or a defect covered by warranty, the Customer does not bear the necessary costs of return or replacement.
22.3 SA.I.DA. may provide a label, organise collection or indicate an assistance centre, provided that the solution is free of charge and does not cause significant inconvenience to the Consumer.
22.4 The Customer must not ship products to laboratories or third parties without instructions, where this may compromise warranty management. An unauthorised shipment automatically determines loss of rights and unnecessary or non-agreed costs may not be refundable.
Art. 23 - Invoicing and tax documents
23.1 Tax documents are issued according to the rules applicable to indirect e-commerce and to the Customer’s status.
23.2 The Customer who requests an invoice must select the appropriate option before submitting the order and provide complete and correct tax data, including tax code or VAT number and, where necessary, recipient code or certified e-mail address.
23.3 After issue, changes to the holder or data are possible only in the cases and manner allowed by tax law. The Customer is liable for the consequences resulting from incorrect data provided by them, unless the error is attributable to SA.I.DA.
Art. 24 - Specific provisions for Professional Customers and Resellers
24.1 The right of withdrawal and the other protections reserved to Consumers do not apply to Professional Customers, unless otherwise agreed in writing.
24.2 Accepted professional orders are binding. Changes, cancellations or commercial returns are allowed only with SA.I.DA.’s written consent and may be subject to reimbursement of the actual costs already incurred.
24.3 Warranty for defects and lack of quality is governed by Arts. 1490 et seq. of the Italian Civil Code. The Professional Customer must report defects within eight days from discovery and bring action within one year from delivery, unless different mandatory terms or a more favourable commercial warranty apply.
24.4 External transport damage must be specifically reserved with the carrier at the time of delivery; hidden defects must be reported within the legal term, with suitable documentation.
24.5 Unless there is a recognised error by SA.I.DA. or a defect covered by warranty, transport, return and new delivery are borne by the Professional Customer. Returns require prior RMA authorisation.
24.6 In case of late payment, interest and recovery costs under Italian Legislative Decree 231/2002 apply, without the need for formal notice where permitted.
24.7 Ownership of the goods remains with SA.I.DA. until full payment of the price, while risk passes according to the applicable delivery rules.
24.8 In relationships with Professional Customers, within the limits permitted by law, SA.I.DA. is liable exclusively for direct, immediate, actually suffered and adequately proven damage deriving from a breach directly attributable to SA.I.DA. Indirect or consequential damages are excluded, including loss of profit, turnover, customers, production, data or business opportunities. In any case, except as mandatorily provided by law, SA.I.DA.’s overall liability may not exceed the taxable amount, net of VAT, of the order to which the dispute refers.
24.9 For any dispute with a Professional Customer, the Court of Palermo shall have exclusive jurisdiction.
24.10 The specific conditions of the Reseller area, where present and accepted, prevail over these provisions for incompatible aspects.
Art. 25 - Privacy and commercial communications
25.1 Personal data are processed according to the privacy notice published on the Website for contractual, administrative, tax, anti-fraud, assistance and legal-obligation purposes.
25.2 Communications necessary for performance of the contract and assistance do not constitute marketing.
25.3 The sending of promotional communications based on consent requires a separate, specific, free and optional choice, not pre-selected. Refusal or withdrawal of consent does not prevent the purchase or assistance.
25.4 Acceptance of these Terms does not constitute consent to marketing.
25.5 In the cases allowed by Art. 130, paragraph 4, of the Italian Privacy Code, SA.I.DA. may use the e-mail address provided in connection with a purchase for communications relating to its own similar products or services, always offering a simple and free opt-out method at the time of collection and in every message.
Art. 26 - Intellectual property
26.1 Trademarks, logos, texts, photographs, graphics, databases and Website contents belong to SA.I.DA. or to their respective owners and are protected by applicable law.
26.2 Unauthorised reproduction or use for commercial purposes is prohibited, without prejudice to personal consultation and any use allowed by law.
Art. 27 - Website operation and force majeure
27.1 SA.I.DA. adopts reasonable measures to ensure the availability and security of the Website, but may temporarily suspend it for maintenance, updates, IT incidents or events outside its control.
27.2 Any unavailability does not affect rights relating to orders already concluded. SA.I.DA. is not liable for interruptions not attributable to it, except in case of wilful misconduct, gross negligence or mandatory obligations.
27.3 The party affected by force majeure informs the other and adopts reasonable measures to limit its effects. If the impediment makes performance definitively impossible, termination and refunds provided by law apply.
Art. 28 - Complaints
28.1 Any complaints relating to orders or purchased products may be sent to store@saidaespressocialde.com or to the address of the premises, indicating the order number, a description of the problem and attaching any useful documentation. SA.I.DA. may request further information reasonably necessary to verify the complaint.
Art. 29 - Applicable law and competent court
29.1 Contracts are governed by Italian law.
29.2 For Consumers residing in another country, the mandatory protective provisions of the law of the country of habitual residence remain unaffected, where applicable.
29.3 For disputes with a Consumer, the court of the Consumer’s place of residence or domicile has jurisdiction, if located within the territory of the State, in addition to any further mandatory fora provided by European and national law.
29.4 For disputes with Professional Customers, the exclusive jurisdiction of the Court of Palermo under Art. 24.9 applies.
Art. 30 - Final provisions and approval
30.1 Any nullity or ineffectiveness of a clause does not affect the remaining provisions; the clause is replaced by the applicable mandatory rule or interpreted in the sense closest to the lawful purpose pursued.
30.2 The Customer declares that they have been able to read, store and reproduce these Terms before submitting the order.
