General Sales Conditions of the “ae.lamarzoccohome.com” website
For the purpose of the present General Sales Conditions, the following terms and expressions shall have the meanings assigned against each of them, unless the context requires otherwise:
Definitions, pursuant to Federal law No. 15 on Consumer Protection
Consumer: Every physical or juristic person who obtains a Good or Service – with or without charge – to satisfy his personal needs or the needs of others, or for which transactions or contracts are concluded therewith.
Supplier: Every juristic person who provides the Service, or manufactures, distributes, trades, sells, supplies, exports, imports a Good, or interferes in its production, trading or storage with the aim of providing it to the Consumer or entering into a transaction or a contract therewith in its regard.
Price: The Price of sale or rent or use of the Good or Service, as the case may be.
Service: Anything provided to the Consumer, whether with or without consideration.
Defect: A lack of quality, quantity, or efficiency, or a difference in the external shape, size, or components of a Good or Service resulting from an error in its design, manufacture, production, or provision to the Consumer, which may lead to harm or deprive him, in whole or in part, of benefiting therefrom, provided that the Defect has not resulted from the action of the Consumer.
Malfunction: Everything that affects the Good after its production or the Service after its provision, which may lead to harm the Consumer or deprive him in whole or in part of benefiting therefrom, provided that the Malfunction has not resulted from the action of the Consumer.
Discounts: Offering Goods for sale at reduced Prices or providing Services at lower Prices during a specified period in any way whatsoever.
Promotion: Marketing of Goods or Services by drawing prizes, distributing gifts, or advertising Goods or Services through special offers or any other means.
Warranty: A written or implicit acknowledgement made by the Supplier or his representative that the Good or Service, subject-matter of the Warranty, is free from Defects or Malfunctions and conforms to Standard Specifications and that he undertakes to repair any Defect or Malfunction affecting the Good, replace the defective Good or re-perform the Service, within a specified period of time.
After-Sales Services: Taking care of the Good or Service to maintain its quality and this includes spare parts, maintenance, and technical support.
Invoice: Any document sufficient on its own to prove the transaction or contract with the Consumer regarding the Good or Service, provided that it includes the data required by this Law or its Implementing Regulation.
Licensee/op. name LA MARZOCCO MIDDLE EAST DMCC صاحب الرخصة ل مارزوكو ميدل إيست م.د.م.س
Licence Number DMCC-814966 DMCC-814966 الرخصة رق
Registration Number DMCC190742 DMCC190742 التجاري السجل رقم
Manager name: Lorenzo Carboni إسم المدير لورينزو كاربوني
Address: Unit No: DCC-G-07 DMCC Coffee Centre Plot No: S10814 Jebel Ali Free Zone- South Dubai United Arab Emirates
DCC-G-07 :رقم وحدة مركز القهوة التابع لمركز دبي للسلع المتعددة S10814 المنطقة الحرة لجبل علي -جنوب دبي االمارت العربية المتحدة
(hereinafter referred to as La Marzocco), organized and existing under the laws of the United Arab Emirates through the website of “ae.lamarzoccohome.com” (hereinafter referred to as the “Site”) owned by La Marzocco, of the products and/or services specifically mentioned on the Site (hereinafter referred to as the “Product(s)”). For the purposes of the General Sales Conditions, the term “user” indicates the person who logs in to the Site and/or uses it (hereinafter referred to as the “User(s)”).
1.2 The offer and sale of the Products on the Site, based on the User’s consent concluded from his positive behavior in regards of the present General Sales Conditions constitute a contract between you as User and La Marzocco, regarding your access and use of the Site, all content, Products and services available on or through the Site and your purchase of any Products or service or placement of any order through the Site, pursuant to Federal Law No. 5 on the Civil Transaction Law of the UAE States and Federal Law No. 15 on Consumer Rights- UAE.
You are deemed to have placed an order with Us by ordering via Our online checkout process on Our Site.
1.3 The General Sales Conditions can be changed and/or amended at any time. Any changes shall come into force once they are published on the Site. Before making a purchase, therefore, the User is required to refer to the most up-to-date version of the General Sales Conditions in force at the time, to verify whether anything has changed.
1.4 The applicable General Sales Conditions are the ones in force as of the date on which the Order Form defined below was sent.
1.5 Before purchasing a Product through the Site, the User is required to carefully read the General Sales Conditions in section “General Sales Conditions” on the Site, as well as all the other information provided on the Site, both before and during the purchase procedure.
1.6 The General Sales Conditions do not regulate the sale of products and/or services on the Site by any third-party sellers other than La Marzocco that should be present on the Site even through links, banner or other hypertext links (hereinafter referred to as “Third-party Sellers”). Before carrying out any commercial transactions with the Third-party Sellers, the User is required to verify their sales conditions. La Marzocco is not a party to the sale contract between Third-party Vendors and the User; as a consequence, La Marzocco cannot be held responsible for the provisions of services and/or for the sale of products by Third-party Sellers. La Marzocco doesn’t check and/or monitor in any way the websites that can be accessed through the above-mentioned links and the websites of the Third-party Sellers; as a consequence, La Marzocco cannot be held responsible in any way for the contents of the sites in question, nor for any errors and/or omissions and/or law breaches by the sites themselves.
2.1 Before purchasing any Products on the Site, users must register to the Site by following the procedure specified in article 3 below; registration is open to both consumers and non-consumers. Natural persons must be older than 18.
2.2 The term “consumer” means as described among the definitions.
2.3 Should anyone place any anomalous orders, in terms of amount of purchased products or of purchasing frequency, La Marzocco reserves the right to undertake all the necessary actions required to ensure that the irregularities in question cease, including suspending access to the Site, cancelling the registration to the Site or rejecting and/or cancelling the orders in question.
2.4 La Marzocco shall always be entitled to reject and/or cancel any orders placed by: (i) a User with whom La Marzocco has a legal dispute pending; (ii) a User who previously breached the General Sales Conditions and/or the Site usage terms and/or conditions; (iii) a User who was involved in frauds of any kind, and, in particular, in frauds related to credit card payments; (iv) Users who provided false, incomplete or anyway incorrect identification data, or who failed to promptly send to La Marzocco the documents it requested within the context of the procedure provided for by articles 9.1 and 9.2 below, or who sent any invalid documents. (v) Users with addresses outside the United Arab Emirates ; (vi) Users requires delivery to addresses outside the United Arab Emirates.
3.1 Registration to the Site is free of charge. In order to register to the Site the User must fill in the relevant form, entering his name, surname, date of birth, e-mail address, and a password, and follow the indications provided by the Site. Should he register during the purchasing procedure, the User shall also be required to enter his address, his phone number and his. Each User can register to the Site only once. For the payment of the purchases made on the Site We do not collect or use credit card data. Users can make the purchase on the site of third party provider.
3.2 The User is required to keep the registration credentials (e-mail address and password) with the utmost care. They can only be used by the User and cannot be transferred to any third parties. The User undertakes never to disclose them and to ensure that no third party can access them. The User also undertakes to immediately inform La Marzocco, by contacting the numbers specified in article 14 below, in case he should have any suspicions or be informed of an unauthorised use/disclosure of the credentials.
3.3 The User guarantees that the personal information provided during the registration procedure is comprehensive and true, undertaking to indemnify La Marzocco and to hold it harmless against any damage, obligation to make reparation and/or sanction arising from and/or in any way related to the failure by the User to comply with the provisions on Site registration or on the keeping of registration credentials.
4.1 In compliance with local legislation on e-commerce, we hereby inform the User that:
4.2 The languages available to the User for the conclusion of the Purchase contract are Arabic and English, pursuant to Article 26 of Consumer Protection law. The Customer Service can communicate with the User in the same languages. Invoices upon purchase shall be provided in Arabic and in English.
5.1 The Products offered on the Site are the items marked as available for purchase in the electronic catalogue published on the Site and viewed by the User when placing the order. Products can belong to various commodity categories.
5.2 Product availability is monitored and updated. As the Site may be concurrently visited by multiple Users, however, several Users might purchase the same Product at the same time. In such cases, therefore, the Product could briefly be marked as available while out of stock or not immediately available, due to the need of restocking.
5.3 Should the Product no longer be available for the reasons mentioned above, or in the other cases of Product unavailability after purchase, with no prejudice to the non-negotiable rights granted to the User by the law, the User shall immediately be informed by e-mail. The User shall then be entitled to immediately terminate the Purchase Contract.
The images and descriptions published on the site reproduce as faithfully as possible the characteristics of the Products. The Product colours, however, might differ from the actual ones due to the settings of the IT systems and/or of the computers used by the User to display them. The images of the Products published on the Site, in addition, might differ as to the dimensions or any accessory products. The images in question, therefore, must me regarded as indicative and the customary tolerances shall apply. For the purposes of the Purchase Contract, the Product description contained in the Order Form sent by the User shall prevail.
7.1 All the Product prices published on the Site (hereinafter referred to as the “Price”) are expressed in AED and are VAT inclusive. The delivery costs, which may vary according to the delivery and/or payment method chosen by the User, shall be specifically indicated (expressed in AED and VAT inclusive) during the purchase procedure, before the User is bound by the Purchase Contract, in the Order Form summary and in the Order Confirmation e-mail. The price quoted on Our Site for Products excludes delivery charges.
7.2 Price is subject to change at any time, even multiple times during the same day. The Product Price charged to the User shall be the one specified in the order summary, displayed by the User before the Order Form is sent by electronic means, and any subsequent changes (price increases or decreases) occurring after the Order Form was submitted shall not apply.
8.1 The Purchase Contract is subject to the payment of the whole sum due (hereinafter referred to as the “Total Sum Due”), consisting of the Price, of the delivery costs, if applied, and of any other additional cost, as resulting from the order, under penalty of termination. Should the Total Sum Due fail to be paid, therefore, the Purchase Contract shall be automatically terminated. The User shall be informed of the termination in question, and of the cancelling of the relevant order, right after sending the order, through the Site or by e-mail.
8.2 Ownership of the Products shall be transferred to the User at shipping (hereinafter referred to as the “Shipping”), i.e. when the Product is delivered by the carrier. The risk of Product loss and/or damaging for causes not attributable to La Marzocco, instead, shall be transferred to the User when the User or a third party appointed by him acquires physical possession of the Products.
9.1 The user can pay the cost of the Products purchased on the Site exclusively by credit card.
9.2 The user can pay the cost of the Products purchased on the Site directly through the Site, however we use third party provider to conduct payment procedure. We accept all the credit cards belonging to the circuits VISA, Mastercard, American Express, Maestro. The accepted credit cards, in any case, are specified on the Site. The Total Sum Due is charged when the Order Confirmation is sent. In order to safeguard the security of the payments made on the Site and prevent any frauds, the User may be requested by e-mail to send, by the same means, a front/back copy of his identity card, and, in case the person issuing the order was different from the card holder, a copy of the identity card of the latter. The document shall be valid. The e-mail containing the request shall specify the term by which the document must be received. The term in question shall never exceed 5 (five) working days of the reception of the request by the User. Until the requested document is received, the order shall be suspended. The User agrees and undertakes to send the requested documents within the specified term. Should the documents in question fail to be received within the term specified in the request e-mail, or should the received documents be expired or invalid, the Purchase Contract shall automatically be terminated and the order shall be consequently cancelled, with no prejudice to the right for La Marzocco to be compensated for any damage incurred as a consequence of the breach by the User. We use the secure payment service of the company [ ● ], which is based on the SSL security protocol. The confidential credit card data (card number, holder, date of expiry, security code) are encrypted and transmitted in that form to the payment manager. La Marzocco, therefore, never has access to and never stores the data of the credit card used by the User to pay the Products.
10.1 Product are delivered to UAE only. The delivery obligation shall be fulfilled by the transfer of the physical availability or anyway of the control of the Products to the User.
10.2 At Shipping the User shall be sent an e-mail confirming that the Products have been handed over to the carrier, which shall also contain the link to the tracking number, allowing the User to check the status of the shipment.
10.3 Delivery is against payment, and unless otherwise provided for the delivery costs shall be charged to the User. The amount of the delivery costs due by the User for a specific order is explicitly and separately specified (expressed in Euro and VAT inclusive) during the purchase procedure, in the order summary and, in any case, before the User proceeds to submit the Order Form.
10.4 In the order summary, and therefore before the User proceeds to submit the Order Form, we shall specify the total price of the order, separately indicating the delivery costs and any additional expense. The total in question, which shall also be specified in the Order Confirmation e-mail sent to the User, shall constitute the Total Sum Due by the User for the Product. For each sale made on the Site, we shall issue an invoice, which shall be sent by e-mail to the holder of the Purchase Contract. For the issuing of the invoice, we shall refer to the information provided by the User when submitting the Order Form through the Site, which the User guarantees to be true. No change can be made to the invoice after it has been issued. The User undertakes to indemnify La Marzocco and to hold it harmless against any damage, including sanctions, which should result from the User providing untrue data through the Site for the issuing of the invoice.
10.5 The Products purchased on the Site shall be delivered to the postal address specified by the User in the Order Form (hereinafter referred to as the “Home Delivery”). The User can choose between various Home Delivery methods (e.g.: Express Courier, Door Delivery, Weekend Delivery, Evening Delivery); for each of them we shall specify the relevant costs and terms during the purchase procedure, before the User proceeds to submit the Order Form.
10.6. Unless otherwise specified and unless the User has opted for door delivery, the Product shall be home-delivered at the ground floor. Unless the User has chosen a Home Delivery method featuring the delivery on appointment or within a specific time, the Home Delivery shall be carried out from Monday to Friday during regular working hours (from 9:00 a.m. to 9:00 p.m.), except on national holidays.
10.7 The User acknowledges that he is obliged to collect the Product. If the Home Delivery method chosen by the User does not feature the delivery at an agreed time, should the Product fail to be delivered due to the absence of the recipient the courier shall leave a notice to document the delivery attempt (hereinafter referred as the “Non-delivery Notice”). The Non-delivery Notice shall also specify the contact details of the courier, to allow the User to agree upon the new delivery or the package collection. After the delivery attempt has failed, the package shall be stored at the courier. The User is requested to collect the package within 3 (three) calendar days of the second day following the Non-delivery Notice date. Should the User fail to collect the Product within the term in question, the Purchase Contract shall be automatically terminated in that case, within 15 (fifteen) working days of the Purchase Contract termination, we shall refund the Total Sum Due, if already paid by the User, minus the expenses incurred for the failed Home Delivery, the storage expenses, the expenses for the return of the Products to La Marzocco and any other expense incurred as a consequence of the failure to deliver the Products due to the absence of the recipient. The User shall be notified by e-mail of the termination of the Purchase Contract and of the amount of the refunded sum. The sum in question shall be credited to the same means of payment used by the User for the purchase. Any delays in accreditation may depend on the bank or on the credit card type.
10.8 During the purchase procedure, before the User submits the Order Form, we shall specify the terms within which the ordered product shall be delivered, taking into account, in addition to the delivery area and method, even the possible purchase of multiple Products with the same order by the User. The terms of delivery start being computed from the date on which the Purchase Contract was concluded, unless otherwise provided for. The term of delivery of the specific order shall also be included in the Order Confirmation. Should the term of delivery fail to be specified, Products shall be delivered in any case within 30 (thirty) days of the date on which the Purchase Contract was concluded.
10.9 Should the purchased Product fail to be delivered, or should it be delivered beyond the terms specified during the purchase procedure and in the Order Confirmation, the User shall prompt La Marzocco to carry out the delivery within an appropriate additional term (hereinafter referred to as the “Additional Term”). Should the additional term in question expire with no Product delivery having been made, the User is entitled to terminate the Purchase Contract (hereinafter referred to as the “Contract Termination”), with no prejudice to his right to claim for a compensation. The User shall not have any obligation to grant La Marzocco the Additional Term (hereinafter referred to as the “Excluded Cases”) if:
In the Excluded Cases the User, if not receiving the Products within the term of delivery specified during the purchase procedure and in the Order Confirmation, is entitled to terminate the Purchase Contract right away, with no prejudice to his right to claim for compensation (hereinafter referred to as the “Contract Termination in Excluded Cases”).
The User shall notify La Marzocco of the Additional Term or of the Contract Termination in Excluded Cases by a notice sent to the addresses specified in article 14 below.
In case of Contract Resolution or of Termination in Excluded Cases, La Marzocco shall refund the Total Sum Due to the User with no undue delay. The sum shall be refunded as provided for by article 11.6 below, where applicable.
Should the User fail to set the Additional Term or, the pre-conditions being met, to proceed with the Contract Termination or with the Contract Termination in Excluded Cases, La Marzocco, with no prejudice to the right for the user to resort at any time to the remedies in question and/or to the ordinary rights of recourse provided for by the law undertakes in any case to promptly inform the user by e-mail of the delay in the delivery (hereinafter referred to as the “Delay Notification E-mail”), while also specifying the new term of delivery (hereinafter referred to as the “New Term of Delivery”), if available.
10.10 The acceptance of the New Term of Delivery and the User choice shall be promptly communicated to La Marzocco by e-mail, to the address specified in article 14 below.
10.11 The User is responsible for verifying the conditions of the Product delivered to him. It being understood that the risk of Product loss or damaging for reasons not attributable to La Marzocco is transferred to the User when the User, or a third party designated by the latter and other than the carrier, acquires physical possession of the Products, the User should verify the number of Products he received; he should also check that the packaging is intact, undamaged, dry and anyway doesn’t show any signs of alteration, even to the material closing it (tape or metal strapping); should he find any anomalies, he should, in his own interest, point them out on the carrier’s transport document, accepting the package with reserve. Should he accept the Products with no reserves at their reception, in fact, the User shall no longer be entitled to bring legal action against the carrier, in case of Product loss or damage, except in case the loss or damage are due to intentionally wrongful or grossly negligent acts by the carrier and except in case the partial loss or damage cannot be recognised at delivery, provided that, in the latter case, the damage is reported as soon as it becomes known, and within 8 (eight) days of the reception. Should the package show any clear signs of tampering or alteration, in addition, the User should promptly notify the Customer Service. In any case, the provisions on the right of withdrawal and on the legal guarantee of conformity shall always apply.
10.12 Users who failed to collect a package more than twice for different orders are not allowed to make purchases on the Site. Should they place any orders in breach of the above provision, the Purchase Contract shall automatically be terminated. The User shall be notified of the termination of the Purchase Contract by e-mail.
11.1 The Consumar is entitled to withdraw from the Purchase Contract without having to specify any reason and without incurring any costs other than the ones provided for by articles 11.5, 11.6, 11.7 and 11.9 below, within 14 (fourteen) calendar days (hereinafter referred to as the “Withdrawal Period”). The Withdrawal Period expires after 14 (fourteen) days:
11.2 In order to exercise his right of withdrawal, the Consumer must inform La Marzocco, before the expiry of the Withdrawal Period, of his decision to withdraw.
11.3 To this purpose the Consumer can:
(a) use the standard withdrawal form (hereinafter referred to as the “Standard Withdrawal Form”), provided on the Site before the conclusion of the Purchase Contract, through the link “Right of Withdrawal and Standard Withdrawal Form” which can also be accessed from the Product Page, and is attached to the shipping confirmation e-mail mentioned in article 10.2 above; or
(b) submit any other explicit declaration as to his decision to withdraw from the Purchase Contract (hereinafter referred to as the “Declaration of Withdrawal”).
11.4 The Consumer has exercised his right of withdrawal within the Withdrawal Period if the notice on the exercise of the right of withdrawal is sent by the Consumer before the expiry of the Withdrawal Period. Should the Consumer avail himself of the Declaration of Withdrawal, he should specify in the Declaration of Withdrawal the order number, the Product(s) for which he wishes to exercise the right of withdrawal and his address. It should be noted that, as it is the responsibility of the Consumer to provide evidence that the right of withdrawal was exercised before the expiry of the Withdrawal Period, it is in the interest of the Consumer to use non-volatile media when giving notice of his withdrawal. The Standard Withdrawal Form or the Declaration of Withdrawal must be sent to the following address:La Marzocco Middle East DMCC Address: Unit No: DCC-G-07 DMCC Coffee Centre Plot No: S10814 Jebel Ali Free Zone- South Dubai, United Arab Emirates Irrespective of the method chosen by the Consumer to exercise the right of withdrawal, La Marzocco shall send the Consumer an e-mail to confirm the reception of the withdrawal request.
11.5 The Consumer shall return the Products to La Marzocco, using a carrier of his own choice and at his own expense, without undue delay and in any case within 14 (fourteen) calendar days of the date on which he informed La Marzocco of his decision to withdraw. The term is met if the Consumer ships the Products back before the expiry of the 14 (fourteen) day period (hereinafter referred to as the “Deadline for Return”). The Product, properly protected and packaged, shall be shipped to the following address: La Marzocco Middle East DMCC Address: Unit No: DCC-G-07 DMCC Coffee Centre Plot No: S10814 Jebel Ali Free Zone- South Dubai, United Arab Emirates
The direct costs incurred for returning the Products to La Marzocco shall be paid by the Consumer. The standard instructions on withdrawal, containing information on the exercise of the right of withdrawal from the Product Purchase Contract, are made available to the Consumer on the Site before the conclusion of the Purchase Contract, through the link “Right of Withdrawal and Standard Withdrawal Form”, which can also be accessed from the Product Page and is attached to the Order Confirmation. The Product shall be returned to La Marzocco under the responsibility and at the expense of the Consumer.
11.6 If the Consumer withdraws from the Purchase Contract, La Marzocco shall refund the Total Sum Due paid by the Consumer for the Product, including the delivery costs, including the additional ones arising from the choice by the Consumer of a delivery method other than standard delivery (the least expensive option) offered by La Marzocco, without undue delay and in any case within 14 (fourteen) calendar days of the date on which La Marzocco was informed of the decision by the Consumer to withdraw from the Purchase Contract. The refund shall be carried out through the same means of payment used by the Consumer, unless otherwise explicitly agreed upon by the Consumer. If needed, La Marzocco shall request that the Consumer provide the banking details required to proceed with the refund. In any case, the Consumer shall incur no cost as a consequence of the refund in question. In case the Consumer returned the Products using a carrier at his own expenses and of his own choice, following the procedure described in article 11.5 above, La Marzocco shall be entitled to suspend the refund until it has received the Products, or until the Consumer has provided evidence of the Product shipping, if prior.
11.7 The Consumer is only responsible for the decrease in the Product value resulting from a handling of the Product other than the one required to determine the Product nature, characteristics and operation. The Product, anyway, shall be stored, handled and inspected with due diligence and returned intact, complete with all its components, in good working order, complete with all the accessories and the package leaflets, with the identification tags, the labels and the single-use seal, if any, still attached to the Product, intact and unaltered, as well as perfectly suitable for the intended use and without any signs of wearing and dirt. If package is was opened and therefor the seals are were broken, the product cannot be returned unless it’s factory damaged or subject of malfunctioning, i.e. Dead On Arrival. Please immediately contact La Marzocco DMCC to report us the issue and we will assist you in performing a diagnostic check. Based on the result, if necessary, a diagnostic test will be performed by our expert to validate whether or not it is defective we would inspect and evaluate the issue and firstly we try to fix the product on site, if possible, or if we find the product we find unrepairable, we will either replace the machine – subject to availability – or make a full refund, depends on the wish of the customer. The withdrawal, in addition, applies to the Product as a whole. As a consequence, it cannot be exercised for any Product parts and/or accessories. Should the package include the Product’s serial code, it shall be regarded as a part of the Product; as a consequence, the Product shall be returned in its original package, which shall be placed into an additional packaging, as no label or strap can be attached to the original one. In the Product Page we shall specifically mention whether the original package shall be regarded as a part of the Product, for the purposes of the exercise of the right of withdrawal.
11.8 Should the withdrawal fail to be exercised in compliance with the provisions contained in the applicable regulations, it shall not result in the termination of the Purchase Contract, and as a consequence the Consumer shall not be entitled to any refund. La Marzocco shall inform the Consumer, by e-mail, within 5 (five) working days of receiving the Product, rejecting the withdrawal request. The Product shall be stored at La Marzocco for the Consumer to collect it, at his own expense and under his own responsibility.
11.9 Should the value of Product for which the right of withdrawal was exercised have decreased as a consequence of a Product handling other than the one required to determine the Product nature, characteristics and operation, the refunded sum shall be decreased by an amount corresponding to the value decrease in question. La Marzocco shall inform the Consumer of the event and of the subsequent decrease in the Product value, by e-mail, within 5 (five) working days of receiving the Product, providing him, in case the refund has already been paid, with the banking details required for the payment of the sum due by the Consumer as a consequence of the decrease in the Product value.
11.10 Should the right of withdrawal fail to be applicable, in any of the cases provided for by the law, the exclusion in question shall be specifically and explicitly pointed out in the Product Page and, in any case, during the purchase procedure, before the Consumer proceeds to submit the Order Form.
12.1 All the Products sold on the Site are covered by the legal guarantee of conformity provided for by Federal Law No. 15 on the Consumer Protection (hereinafter referred to as the “Legal Guarantee”).
12.2 The Legal Guarantee is reserved for Consumers. Persons who made the purchase on the site and who are consumers shall be entitled to the warranties provided for by the civil code, with the relevant terms.
12.3 With reference to the purchase of the Products, La Marzocco is responsible towards the Consumer for any non-conformity existing at Product delivery and that should appear within 2 (two) years of the delivery. The non-conformity must be reported to La Marzocco, under penalty of warranty forfeiture, within 2 (two) months of the date on which it was found. Unless there is evidence to the contrary, the non-conformities that appear within 6 (six) months of the delivery of the Products are assumed to already exist on the date in question, unless this assumption is incompatible with the nature of the Product or of the non-conformity. Starting from the seventh month after the delivery of the Product, instead, it shall be the responsibility of the Consumer to provide evidence as to the fact that the non-conformity already existed at Product delivery.
12.4 In order to avail himself of the Legal Guarantee, therefore, the Consumer shall first have to provide evidence of the purchase date and of the Product delivery. As a consequence, in order to be able to provide the evidence in question, the Consumer should keep the Order Confirmation or the purchase invoice, as well as the carriage document or any other document suitable to certify the date of purchase and the date of delivery (e.g. the statement of account of the credit card).
12.5 A non-conformity occurs when the purchased Product:
12.6 The Legal Guarantee, therefore, does not apply to any failures or malfunctions caused by accidental events or by responsibilities of the Consumer, or by an use of the Product that is not suitable for its intended use and/or does not comply with the provisions contained in the technical documents annexed to the Product.
12.7 If the non-conformity was duly reported within the set terms, the Consumer is entitled:
– primarily, to the repair or free replacement of the Product, at his choice, unless the requested remedy is objectively impossible or too expensive with respect to the other;
– secondarily (i.e. in case the repair or replacement are impossible or too expensive, or in case the repair or replacement were not carried out within suitable terms, or in case any previous repair or replacement caused great inconveniences to the Consumer) to a discount on the Price or to the termination of the Purchase Contract, at his choice.
The requested remedy is too expensive if it causes La Marzocco to incur unreasonable expenses compared with the alternative remedies available, taking into account (i) the value the Product would have in the absence of the non-conformity; (ii) the seriousness of the non-conformity; (iii) the possibility that the alternative remedy can be implemented without great inconveniences to the Consumer.
12.8 Should a Product, during the period of validity of the Legal Guarantee, show a possible non-conformity, the Consumer shall contact the Customer Service, referring to the details specified in article 14 below. La Marzocco shall promptly acknowledge the notification of the alleged non-conformity and shall inform the Consumer of the specific procedure he will have to follow, even taking into account the commodity category the Product belongs to and/or the reported defect. It is understood that La Marzocco is responsible for the application of the Legal Guarantee with reference to the Products. La Marzocco, instead, is not responsible for the application of the Legal Guarantee with reference to the products sold by Third-party Sellers.
12.9 In any case, the competent service centre shall perform the checks required to determine whether the claimed non-conformity actually exists or not. Should the defect actually exist, if the Consumer has chosen, between the available remedies, the repair, the competent service centre shall proceed to the repair. If the Consumer has opted for the replacement, instead, and it is not too expensive for La Marzocco or objectively impossible compared with the repair, La Marzocco shall replace the Product. Should the competent service centre determine that the non-conformity actually exists, any repair/replacement expenses and the costs for the transport to the competent service centre shall be paid by La Marzocco. Should the competent service centre determine that the non-conformity actually does not exist, the Legal Guarantee shall not be applicable; as a consequence, the carriage expenses and any repair or replacement expenses shall be paid by the Consumer. La Marzocco shall inform the Consumer of the event and of any costs he should pay for the repair or replacement. La Marzocco reserves the right to send to the Consumer the quotation issued by the competent service centre, to allow the Consumer to decide whether to have the Product repaired or replaced at his own expense. The Consumer shall authorize the repair or the replacement at his own expense in writing. The acceptance in question shall result in the establishment of a direct relationship between the competent service centre and the Consumer, in which La Marzocco shall play no role and for which it will have no responsibility.
12.10 In any case, the repair or replacement of the defective Products, if due, shall be carried out as soon as possible and anyway, except in exceptional cases or in cases of force major, within 60 (sixty) calendar days of the date on which La Marzocco received the defective Product. Should the initially chosen replacement or repair fail to be carried out within the term in question, the Consumer shall be entitled to request one of the alternative remedies provided for by the Legal Guarantee (replacement, in case the repair was requested; repair, in case replacement was requested; discount or Purchase Contract termination).
12.11 La Marzocco reserves the right to request that the Consumer attach to the Legal Guarantee request the invoice associated with the order.
13.1 The Products sold on the Site can, depending on their nature, be covered by a conventional guarantee issued by the manufacturer (hereinafter referred to as the “Conventional Guarantee”). The User can request the application of the guarantee in question from the manufacturer only. The duration, the scope, even geographical, the condition and the application methods, the type of damages/defects covered and any limitations of the Conventional Guarantee depend on each individual manufacturer and are specified in the so-called guarantee certificate included in the Product package.
The Conventional Guarantee is voluntary and does not complement, does not replace, does not limit and does not prejudice the Legal Guarantee.
14.1 The User can ask for information, send notices or submit complaints by contacting the Customer Service of La Marzocco (hereinafter referred to as the “Customer Service”) as follows:
– by e-mail, to the address [ email@example.com ];
– by mail, writing to La Marzocco Middle East DMCC Address: Unit No: DCC-G-07 DMCC Coffee Centre Plot No: S10814 Jebel Ali Free Zone- South Dubai, United Arab Emirates – through the Site, by accessing the “Contacts” section;
14.2 La Marzocco shall reply to the complaints by e-mail or postal mail within 7 (seven) working days of receiving them at the latest.
15.1 The contents of these General Sales Condition must never be used in breach of the applicable laws and regulations currently in force.
15.2 Should one or more clauses of these General Sales Conditions conflict with any mandatory law provisions currently in force, the clauses in question shall be limited or deleted to the minimum necessary extent and replaced with a valid clause.
16.1 The Purchase Contract concluded on the Site is subject to the UAE Federal law.
16.2 Should the User be regarded as a consumer, for any dispute related to the application, execution and interpretation of these General Sales Conditions the competent court shall be that of UAE court.
16.3 La Marzocco informs the consumer user that, in case he filed a complaint directly with La Marzocco, following which the relevant dispute could not be settled, La Marzocco shall provide the required information about the Alternative Dispute Resolution body/bodies, for the out-of-court resolution of the disputes related to obligations arising from a contract concluded under these General Sales Conditions (the so-called ADR bodies) specifying whether it wishes to turn to the bodies in question to settle the dispute. In any case it is understood that the consumer user shall still have the right to bring legal action before the ordinary judge who is competent for the dispute arising from these General Sales Conditions, irrespective of the outcome of the out-of-court resolution proceedings, as well as the right, provided the relevant pre-conditions are met, to initiate an out-of-court resolution of the disputes related to consumer relations.
16.4 In case of further claim consumer has the right to place a complain to the relevant consumer right protection authority.