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Terms & Conditions

Ownership of the site

The website elektracoffee.com is owned by Elektra Srl, with headquarters in Via A. volta 18, 31030 Dosson di

Casier (TV) – VAT no. 03084220262, registered on the Bolzano Trade Register – (“Elektra”), and is

intended, among other things, for the retail sale of products and services online.

 

Scope of application

These general conditions of sale (the “General Conditions of Sale”) regulate the online sale of products on the site elektracoffee.com (the “Site”) in the version published at the time of the order. These General Conditions of Sale, together with the conditions governing paymentand delivery of the goods, form an integral part of the sales contract concluded between the customer and Elektra.

The products and services for sale on elektracoffee.com is addressed exclusively to natural and legal persons, who do not trade them within the exercise of a commercial activity and are not “professionals” as defined by the Consumer Code (Legislative Decree no. 206 dated 6 September 2005, as amended). Elektra does not sell products to minors, who may proceed to purchase products only with the involvement of a parent or guardian; the Customer assumes all responsibility for any untruthful information  in this regard.

Elektra invites the Customer to read thoroughly, print or keep a copy of these General Conditions of Sale before making any purchase. By making any purchase according to the procedures provided on the Site, the Customer declares to have read all the information provided during the purchase process and to fully accept the General Conditions of Sale, payment and delivery.

 

ORDERS

By placing an order through the Site, the Customer undertakes to purchase the selected products  in accordance with these General Conditions of Sale. Orders transmitted to Elektra through the Site are subject to limitations in terms of minimum or maximum quantity. The Contract is concluded with the shipment of the Product to the Customer.

Products posted on the Site may be:

In stock: That is, physically in stock and therefore, as such, available for ordering by the Customer.

Out of stock: In this case the product cannot be ordered by the Customer, who may leave their email address to be informed if the product becomes available again. However, since the Site may be visited by several Customers at the same time, they may purchase the same Product at the same time. In this case, the Product may, therefore, be marked as in stock for a short period of time while it is actually out of stock or not immediately available, as restocking is required for that particular item. If it is possible to place an order but the product is not actually available, Elektra will immediately contact the Customer by email, who may then decide whether to cancel the order or wait for the item to become available, according to the dates that will be communicated to them.

Orders can be placed online 24 hours a day, 7 days a week. On average, orders are confirmed within 2 working days. Due to the nature of the internet, Elektra cannot guarantee uninterrupted access or error-free transmission of services. Furthermore, access to the Site may be suspended or restricted from time to time to allow for repairs, maintenance or the introduction of new products or services. Elektra will attempt to limit the frequency and duration of such suspensions and/or limitations to the minimum necessary.

 

Methods of purchase

In order to make a purchase the Customer must be registered on the Site. Only orders with invoicing and delivery in Italy are accepted.

When you register on the Site, you will be asked to choose a password. This password is strictly confidential and should not be disclosed to third parties.

The Customer assumes full responsibility for the use of the password and for all orders transmitted  with it, even if without their knowledge. If the Customer is aware or suspects that someone else knows or is using their password, the Customer must inform Elektra immediately by email with delivery receipt and read notice.

Registering on the Site will allow the Customer to save the details of any credit cards, enabling them to pay directly without having to enter their credit card details each time they make a purchase. The Customer guarantees that the personal data provided during the registration process are complete and truthful, and undertakes to indemnify Elektra and hold it harmless from any damage, obligation to pay compensation or penalty arising from obligations relating to the storage of registration credentials.

 

Personal data protection

Elektra uses security techniques to adequately protect sensitive Customer data and  information in order to prevent unauthorised access either inside or outside the company. Only employees  who have a legitimate need to access customer information in order to complete transactions on the website are granted access.

Pursuant to Chapter IV, art. 25, paragraph 6 of Directive 95/46/EC “Transfer of personal data to third countries”, the data may be transferred to countries outside the EU or the European Economic Area which nevertheless guarantee an adequate level of protection of personal data. In any event, the processing will be carried out in accordance with the procedures laid down in this information notice and the provisions of the law.

If there are any irregularities in the orders placed by Customers – in terms of quantity of products or frequency of Purchase, such as to suggest, for example, that the Customer is purchasing the products offered online for commercial purposes – Elektra reserves the right to take any action necessary to ensure that the irregularities in question are not committed, including deleting the registration on the Site, rejecting and/or cancelling pending orders. This shall be without prejudice to Elektra’s right to refuse or cancel any order placed by:

– Customers with whom Elektra has a dispute in progress

– Customers who have previously violated the General Conditions of Sale

– Customers who have been involved in fraud of any kind and, in particular, payment fraud with credit cards

– Customers who have provided false, incomplete or otherwise untrue identification details.

The sales contract between the Customer and Elektra shall be concluded only when Elektra sends the  Customer a separate email containing information regarding the shipment of the product and the invoice  and constituting acceptance of the Customer’s purchase proposal (“Shipment Confirmation”). The charge will be made only when the products included in the Customer’s order are shipped. This is without prejudice to the Customer’s right of withdrawal under the terms and conditions set out in the section in the Site entitled “Rights and Guarantees”.

 

Prices.

Published prices include Italian VAT (22%) and WEEE Eco-contributions. Shipping costs are not included. Shipping costs are invoiced on the basis of the total weight and volume of the items ordered and  will be visible at the time of the order summary, once the delivery method has been selected and the  complete delivery address has been indicated.

Elektra reserves the right to change prices and shipping costs at any time and to cancel an order in the event of an obvious error in the calculation system or data.

 

Payment method

It is possible to pay for purchases with one of the following methods: credit card, bank transfer, Paypal.

  1. CREDIT CARD (VISA – MASTERCARD)

Please enter your credit card number, cardholder name and date in the payment registration system. Credit cards accepted are VISA and MasterCard. As soon as you complete your order, you will automatically be asked for a payment authorisation, which is necessary to verify the validity of your card and the availability of funds. The actual payment will only be made at the time of dispatch, which will be notified by email. Always be sure to check with your credit institution for the daily limit of card availability. Elektra will not be responsible for any additional costs your bank may charge you for transactions exceeding your available threshold. Elektra reserves the right to request additional data to monitor identification: in this case the Customer will be contacted by email or telephone.

The order will only be dispatched once the required information has been received.

All charges are made in EURO. Credit cards will be verified through an Address System® (AVS) and CVV2  check before items are sent. No order will be processed without prior verification of name, address, telephone number and email address. These security procedures are used to safeguard against unauthorised use of the card and delivery to an address other than that of the Customer.

When placing an order, the card will be charged for the order amount and within 24 hours of the transaction the amount charged will be stored on the card.Elektra monitors the risks of fraudulent transactions seriously. For this reason, it relies on the services of credit control agencies in order to avoid fraudulent transactions.

  1. BANK TRANSFER

If at their own risk the Customer prefers to pay by bank transfer, contact Elektra by email at contacts@elektracoffee.com indicating the following details:

  1. The name of the item you wish to purchase;
  2. Your name and surname;
  3. The delivery address.

The Customer will be contacted subsequently with the necessary bank details.

  1. PAYPAL PAYMENT

After confirming the order, the Customer will be redirected to the PayPal login page to make the payment. If the Customer does not have a PayPal account, an account can be created on the PayPal login pagebefore completing the order. The amount will be charged to the PayPal account when the order is placed.

 

COUPONS-DISCOUNT VOUCHERS

If the Customer has a coupon, it can be entered during check-out. The amountof the order will be adjusted accordingly.

 

PAYMENT SECURITY

Purchasing from the Elektra website is completely secure. Credit card details areprocessed directly by the Bank and do not pass through or reside within our servers. Our site is equipped with Secure Sockets Layer (SSL) technology, which enables encrypted connections for all forms of transactions.

 

SHIPPING COSTS

To ensure faster and safer delivery, all goods are handled by professional couriers. Available shipping costs and types are indicated on the order form. Deliveries can only be made within Italy. It is not possible to deliver to PO boxes.

Delivery times (approximate)

Italy: 24/48 hours (excluding islands)

Deliveries are made during working hours from Monday to Friday. Delivery operations are notified by an email from Elektra staff.

It is not possible to choose the date or time of delivery, but it is possible to contact the carrier in order to request a change in the delivery date of the goods. If the Customer is absent on delivery, the courier must be contacted directly. If the courier is not contacted within 48 hours after attempting delivery, the package will be returned to the Elektra warehouse. The costs of the new delivery will then be borne by the Customer.

Products cannot be collected directly from Elektra’s premises.

Customers may change the shipping address of their order until it has been sent to our shipping and packaging department. the shipping address of your order. To do this, an email should be sent to contacts@elektracoffee.com and confirmation of the change of address will be given if possible.

On receipt of the goods, each parcel must be carefully checked in order to detect and indicate in writing,  in the delivery note, any anomaly concerning the delivery. Any anomalies must be reported in writing and signed. Any anomaly relating to the delivery must also be reported to the courier. Claims made using other methods will not be accepted.

In the event of delivery problems, please indicate the problems on the delivery note (mandatory) and contact Elektra as soon as possible (no later than two months after receipt of the goods). Claims made after this period will not be accepted. Complaints about Product defects must be made within 8 days if the Customer is a “professional” within the meaning of the Consumer Code.

If the order has not been delivered within the stipulated time, we suggest:

  • Checking that the address indicated for the delivery of the goods is correct.
  • Checking that the notification of shipment of the goods has been received by email (including the spam box).

Invoices are sent with the goods. An invoice will be issued for each order. The invoice will be issued on the basis of the information provided by the Customer when placing the order. No change in the invoice shall be possible after the invoice has been issued.

If the Customer wishes to cancel an order after having placed it, an email must be sent within 12 hours of the purchase to contacts@elektracoffee.com. The Customer will be informed about the cancellation within 1-2 working days.

Note: orders that have already been sent to the Elektra warehouse for packing and shipping cannot be cancelled, added to or changed.

 

Rights and guarantees

ELEKTRA guarantees the right of withdrawal to the Customer in accordance with the provisions of the Consumer Code. The Customer has a period of 14 days from the date of delivery to exercise the right of withdrawal with the consequences provided for in articles 52 et seq. of the Consumer Code.

If the Customer decides to return the product, the request must be made by email to contacts@elektracoffee.com, possibly using the form in Annex I, Part B of the Consumer Code. The Customer will then receive a confirmation, also by email, to return the goods.

The Customer has a period of maximum 14 days from the date of electronic authorisation to return the Product in order to obtain an exchange or refund. Subject to the provisions of the Consumer Code, all products must be returned unused, unopened or handled and in a resalable condition.

Subject to the provisions of the Consumer Code, products must be returned in perfect condition for resale in their original packaging without any trace of damage or malfunction. The Customer must also provide their name and address, order number and a copy of the purchase receipt.

Subject to compliance with the above rules, Elektra will refund the price of the returned product, for the quantity entered in the return order, within 30 days of receiving it. If the Customer paid by credit card, the refund will be made directly to the credit card or by bank transfer.

If a product is returned that has been clearly used, the refundable amount will be reduced by a variable percentage of 10-30% of the product’s purchase price. If items with missing parts or accessories are returned, this percentage may be up to 50% of the product’s purchase price. Any Product that has been used will not be refunded beyond a period of 14 days from the date of receipt of the item.

Transport costs for the return of goods will be borne by the Customer.

 

WARRANTY AND ASSISTANCE

In case of sale to consumers, pursuant to the Consumer Code we will be responsible for any lack of conformity existing at the time of delivery of the goods. In particular:

  • In the event of a lack of conformity, the consumer is entitled to have the goods restored, without charge, by repair or replacement, in accordance with the following paragraphs, or to an appropriate reduction in the price or to have the contract rescinded, in accordance with the following paragraphs.
  • At their own option, consumers may require the seller to repair the goods or to replace them, free of charge in either case, unless the remedy requested is objectively impossible or excessively expensive in comparison with the other.
  • For the above purposes one of the two remedies is to be regarded as excessively onerous if it imposes unreasonable expenses on the seller in comparison with the other, taking into account:
    a) the value the goods would have if there were no lack of conformity;
    b) the extent of the lack of conformity; and
    c) whether the alternative remedy can be performed without significant inconvenience to the consumer.
  • Repairs or replacements must be carried out within a reasonable time from the request and must not cause significant inconvenience to the consumer, taking into account the nature of the goods and the purpose for which they were purchased.
  • The costs referred to in the preceding subparagraphs shall relate to the costs necessary to bring the goods into conformity, in particular with regard to the costs of postage, labour and materials.
  • The consumer may request, at their choice, an appropriate reduction of the price or rescission of the contract if:
    (a) repair and replacement are impossible or prohibitively expensive;
    (b) the seller has failed to repair or replace the goods within a reasonable time; or
    (c) the repair or replacement previously carried out caused significant inconvenience to the consumer.
  • The amount of the reduction or the sum to be refunded will take account of the use of the goods.
  • After the lack of conformity has been notified, the seller may offer the consumer any other available remedy, with the following effects:
    (a) if the consumer has already requested a specific remedy, the seller remains obliged to implement it, with effect on the time for implementation, unless the consumer accepts the proposed alternative remedy;
    (b) if the consumer has not already requested a specific remedy, the consumer must accept the proposal or reject it by choosing another remedy in accordance with this article.
  • A minor lack of conformity for which the remedies of repair or replacement have not been possible or are excessively expensive shall not entitle the parties to rescind the contract.

The remedies set out above do not apply to purchasers who qualify as “professionals” for the purposes of the Consumer Code, for whom the provisions of the Civil Code shall apply exclusively. The overall duration of the warranty period for Products sold to consumers through the Site is 2 years from the date of purchase pursuant to article 128 et seq. of the Consumer Code (1 year if the Product is sold to a “professional”). The warranty does not cover damage resulting from accidents, misuse, abuse, alteration, normal wear and tear associated with use, electrical parts, electrical surges or units that have been modified or used for commercial purposes. After the end of the warranty period provided, no refunds will be possible due to product malfunctioning.

If the Customer intends to access the repair and replacement services within the warranty period, in the event of malfunctions or defective products, the return operations must be organized according to the same rules provided for on the return/replacement form. Shipping costs to the Elektra Service Centre must be paid in advance by the Customer and under their responsibility.

Once the Product has been received, if the problem is considered eligible for the warranty service, the shipping costs paid in advance by the Customer, as well as the costs for the spare parts and labour shall be covered by Elektra, which shall be responsible for the subsequent return, once the repair has been carried out.

Issues identified as NOT eligible for warranty service will receive a repair estimate. The repair will then only be carried out upon acceptance and payment of the estimate. The replacement of the appliance is also excluded, as is the extension of the warranty following repair. If the quote for repair of faults excluded from the warranty is refused, the machine will be returned at the Customer’s expense without being repaired and at no additional cost.

It is the Customer’s responsibility to properly pack the goods before sending them to the repair service.  Damage to the device during transport is not covered by the warranty. The risk of damage during transport is very high, so Customers are requested to protect the device appropriately.

It is essential to prepare the machine according to the instructions recommended below to avoid problems or shocks during transport.

  • Empty the water circuit and all containers, the water in the tank, the coffee, and the drip tray.
  • Clean the coffee machine thoroughly. An additional cleaning service charge of €20 will be applied if Elektra technicians are obliged to clean the machine before repairing it;
  • Pack the machine in its original packaging including polystyrene protectors.
  • If the original packaging has not been retained, make sure to use a double pack or double thickness and good strong bubble wrap around the machine.
  • Do not include all accessories (filter holders, filters, etc.) which are often damaged by shocks during transport. However, these accessories should be sent when necessary in order to solve the diagnosed problem.

If the package is damaged in transit, it is the Customer’s responsibility to make a claim to the courier. Please note that the claim must be sent within the deadline set by the courier. Elektra declines all responsibility for items damaged in transit.

The following information must be included with the product:

  • Order number or a copy of the electronic receipt.
  • Name and surname with telephone number.
  • Email address.
  • Reason for return (description of the malfunction)

 

What to do in the event of a malfunction

Customer Service can be requested as follows:

  • Contact customer service by email at contacts@elektracoffee.com

After receiving the request Elektra will send the complete procedure for sending the machine to the technical service. If this is not done and unless expressly authorised by Elektra, the machine will not be allowed to be repaired.

 

General warranty regulations

***** SERVICE CENTRES*****

If, for logistical or convenience reasons, it is possible to send a Product requiring assistance to one of the Elektra authorised Centres located throughout Italy, the Customer will be directed to the Elektra partner that will determine eligibility for warranty repair services.

 

LIMITATION OF LIABILITY

Photos and texts illustrating or describing the products shown on this site are not bound by contractual obligations and are published for information purposes only. The catalogues, the photos contained in them, the texts and anything else contained therein may not be reproduced and/or used without the written consent of Elektra. If the Product is used in countries other than Italy, Elektra declines all responsibility if the products do not comply with the laws and regulations in force in the country of delivery or in the event of electrical or other incompatibility.

Without limiting the scope of these General Conditions of Sale, no claim for compensation relating to delivered products, non-delivery of the same or for any other reason shall exceed the amount of the purchase price of the products that gave rise to the claim. Under no circumstances may Elektra be held liable for indirect, incidental or consequential damage of any nature whatsoever that may result from its Products, their use or sale.

 

CHANGES TO THE GENERAL CONDITIONS OF SALE

Elektra reserves the right to modify the Site, its policies and these General Conditions of Sale at any time in order to offer new products or services, or to comply with legal or regulatory provisions. The Customer shall be subject to the policies and terms of the General Conditions of Sale in force when the Customer orders products from Elektra, unless any changes to such policies and terms are required by applicable law or competent authorities (in which case, they shall also apply to orders the Customer has placed previously). If any provision of these General Conditions of Sale is deemed invalid, void or for any reason unenforceable, this condition shall not affect the validity and effectiveness of the other provisions.

Any modification and/or integration will be effective from the date of its publication on elektracoffee.com

 

CAUSES OF FORCE MAJEURE

Elektra undertakes to fulfil its obligations. However, Elektra cannot be held responsible for delays or failures to deliver caused by circumstances beyond its control. These circumstances include strikes, wars, natural catastrophes and any other event that makes the production, transport or delivery of the products impracticable.

 

APPLICABLE LEGISLATION AND COMPETENT COURT

These General Conditions of Sale are governed by Italian law. For the resolution of any civil disputes arising from the interpretation, execution and termination of this distance sales contract, if the Customer is a consumer (i.e. a natural person who purchases the products not for purposes related to his professional activity) the mandatory territorial jurisdiction is of the judge of the place of residence or domicile of the consumer, if located in Italy (art. 63 Legislative Decree no. 205/2006).jurisdiction is of the judge of the place of residence or domicile of the consumer, if located in Italy (art. 63 Legislative Decree no. 205/2006).

Without prejudice to the above, the Customer is informed that, pursuant to EU Regulation no. 524/2013 and Legislative Decree no. 130 of 6 August 2015, an online platform for the resolution of ODR disputes (“online dispute resolution”) derived from the online purchase of goods has been established by the European Commission, accessible via the following link: ec.europa.eu/consumers/odr/