Terms of service

This document sets out the general terms and conditions of use of the website miacaffestore.com, which offers coffee sales and related products provided by the Application Owner

Definitions

To ensure full understanding and acceptance of these terms and conditions, the following terms, in the singular and plural, shall have the meanings indicated below:

    • Owner: Marzia Nicoletta Schillaci, Via delle Dalie 3 , Biancavilla 95033, C.F. SCHMZN91A47A841Q  , VAT number 05725630874 , PEC address miacaffe2020schillaci@pec.it. The business is subject to CT-426581
    • Application: the website miacaffestore.com
    • Products:
      • the tangible products sold by the Owner
    • User: any individual who accesses and uses the Application
    • Consumer User: an adult natural person who enters into a contract for purposes unrelated to any business, commercial, craft, or professional activity that may be carried out
    • Terms: this contract governing the relationships between the Owner and Users and the sale of the Products offered by the Owner through the Application.

Detailed information about the Application’s offering

The Application provides Users with sales of coffee for machines, capsules and pods , coffee machines , spare parts kits , accessories/merchandise , sugared almonds , gift items , cream and liqueur.

Scope of application of the Terms

Use of the Application implies the User’s acceptance of the Terms. If the User does not intend to accept the Terms and/or any other notice, legal notice, or policy published or referenced herein, they may not use the Application or the related services.

The Terms may be amended at any time.

The applicable Terms are those in force on the date the purchase order or request for supply of a Product is submitted.

Before using the Application, the User must read the Terms carefully and save or print them for future reference.

The Owner reserves the right, at its sole discretion and at any time, to change the Application’s graphical interface, the Contents and their organization, as well as any other aspect characterizing the functionality and management of the Application, providing the User, where necessary, with the relevant instructions.

Purchase through the Application

All Products offered through the Application are described in detail on the relevant product pages (quality, features, availability, price, delivery times and costs, ancillary charges, etc.). Some errors, inaccuracies, or minor differences between what is published on the Application and the actual Product may be evident. In addition, any images of the Products are for illustration purposes only and do not constitute a contractual element.

Purchases of one or more Products through the Application are permitted to Consumer Users.

For natural persons, purchases are only allowed provided they are of legal age. For minors, any purchase and/or request for the supply of Products through the Application must be reviewed and authorized by parents or those exercising parental responsibility.

The offer of Products through the Application constitutes an invitation to make an offer, and the order sent by the User shall be deemed a contractual purchase proposal, subject to confirmation and/or acceptance by the Owner as described below. Therefore, the Owner shall have, at its sole and absolute discretion, the right to accept or reject the User’s order without the latter being able to raise any objection or claim on any grounds and/or for any reason.

The contract for the sale of the Products is considered concluded upon the Owner’s acceptance of the User’s contractual proposal. The Owner will accept the User’s contractual proposal by sending the order confirmation to the email address provided by the User, which will include the order date, the User’s details, the Product’s features and availability, the price or the method of calculating the price, any additional ancillary charges and taxes, the delivery address, delivery times and any delivery costs, the procedures for exercising the right of withdrawal or any exclusion thereof, and the warranty.

The contract for the sale of the Products shall not be deemed effective between the parties in the absence of the foregoing.

If the Product is not available, the Owner will inform the User promptly of the new delivery or supply terms and ask whether they intend to confirm the order. It is understood that the contract shall be considered perfected with respect to the Products accepted by the Owner.

The User undertakes to verify the accuracy of the data stated in the order confirmation and to promptly notify the Owner of any errors and shall keep a copy of their order, the related confirmation, and the Terms.

Prices and payments

For each Product, the price including VAT, if applicable, is indicated. If the nature of the Product makes it impossible to calculate it in advance, the pricing method is indicated.

In addition, any taxes, additional charges, and delivery costs will be indicated, which may vary depending on the destination, the chosen delivery method, and/or the payment method used. If such cost items cannot reasonably be calculated in advance, there will be an indication of which costs will be charged to the User.

The Owner reserves the right to change, at any time, the price of the Products and any additional costs. It is understood that any price changes will in no case affect contracts already concluded before the change.

The User undertakes to pay the Product price within the times and in the manner indicated in the Application and to provide all necessary data if requested.

The Application uses third-party tools for payment processing and does not in any way come into contact with the payment data provided (credit card numbers, cardholder’s name, passwords, etc.).

If such third-party tools deny payment authorization, the Owner will not be able to supply the Products and cannot be held liable in any way.

Invoicing

Users who wish to receive an invoice will be asked for billing information. The information provided by the User, which they declare and warrant to be truthful, shall be used to issue the invoice, and the User grants the Owner the broadest indemnity in this regard.

Methods of delivery of tangible Products

Tangible Products (including any tangible goods with digital elements) will be delivered to the address indicated by the User, in the manner and within the time chosen or indicated on the Application and stated in the order confirmation. Unless otherwise specified, the delivery times specified in the order confirmation indicate the usual period necessary to deliver the Product from the time the courier takes charge.

If it is not possible to supply the requested Products, the User will be promptly notified by e-mail, indicating when delivery is expected to be possible or the reasons making supply impossible.

If the User does not intend to accept the new term or delivery has become impossible, they may request a refund of the amount paid, which will be promptly credited using the same payment method used by the User for the purchase, no later than 14 days from the date on which the Owner became aware of the refund request.

Upon receipt of the Product, the User must verify its conformity with the order placed and the integrity of the packaging. If there is evident damage to the packaging and/or the Product, the User may refuse delivery of the Product and may return it at no cost. Once the delivery document has been signed, the User may not raise any objections regarding the external characteristics of the Products delivered.

The Owner shall not be liable to any party or third party for damages, losses, and costs incurred as a result of non-performance of the contract due to force majeure.

Return and Refund Policy (integrated and updated)

Our policy provides that, after receiving an item, you have 30 days to request a return.

To be eligible for a return, the item must be in the same condition in which you received it, must not have been worn or used, must have all tags and must be contained in the original packaging. A receipt or proof of purchase is also required.

To initiate a return, contact us by email at: miacaffestore@gmail.com. Returns must be shipped to the following address:

Mia Caffè di Schillaci Marzia – P.IVA 05725630874
Viale dei Fiori, 77 – 95033 Biancavilla (CT)
Hours: 9:00 – 13:00 | 16:30 – 20:30

Once the return is accepted, you will receive a shipping label and instructions on how and where to send the package. Items sent without a prior return request will not be accepted.

🚚 Return Shipping Costs and Restocking Fee

In the event of a voluntary return (not related to a defect or error), the customer:

  • bears at their own expense the shipping cost to return the product;

  • agrees to the application of a 10% restocking fee of the product’s value, which will be deducted from the refund.

This fee does not apply in the following cases:

  • items received damaged, defective, or incorrect;

  • right of withdrawal exercised within the legal terms with intact and complete products.

🛑 Non-returnable items

You cannot return:

  • perishable goods (e.g., food, flowers, plants);

  • custom-made or personalized products;

  • personal care products (e.g., cosmetics);

  • sale items or gift cards;

  • hazardous materials, flammable liquids, or gases;

  • sealed items opened after delivery for hygiene reasons (e.g., used coffee machines).

⚠️ Damage and issues

Check your order upon receipt. If the item is defective, damaged or you received the wrong product, contact us immediately at miacaffestore@gmail.com to resolve the issue.

🔁 Exchanges

The fastest way to get what you want is to return the received item and, once the return is accepted, place a new separate order.

🇪🇺 Right of Withdrawal – 14 days (EU)

If you are in the European Union, you have the right of withdrawal within 14 days of receipt, without having to provide any reason.

To exercise the withdrawal:

  1. Send a written notice to miacaffestore@gmail.com (you may use the optional form or a free-form statement);

  2. Return the product within 14 days of the notice;

  3. The product must be intact, not used, with original packaging and tags;

  4. Return shipping costs are borne by the customer.

The refund will be made within 14 days of receiving the withdrawal notice, unless the product has already been received or the customer has provided proof of shipment. Otherwise, the refund will be withheld until actual receipt.

💰 Refund

After we receive and inspect the product, we will inform you whether the refund has been approved. If approved, the refund will be processed within 10 business days, via the original payment method.

If more than 15 business days have passed since approval and you have not yet received the refund, contact us at miacaffestore@gmail.com.

✅ Clause – Quality control and statutory warranty

Quality control of machines

In order to ensure the compliance and proper functioning of the coffee machines sold, the company reserves the right to carry out a quality control before shipment.

This control may include a technical check and an internal functional test performed solely with water, without the use of coffee or other substances.

For technical reasons related to the proper functioning of the hydraulic system and the pump, the machine cannot be completely emptied or dried after the test. The possible presence of slight traces of water or moisture inside the circuit is therefore normal and in no way constitutes a sign of prior use or a used product.

After the check, the appliance is carefully cleaned externally and placed back in its original packaging before shipment.

Quality control is carried out solely for technical verification purposes and cannot be equated with product use nor with the sale of a used item.

Statutory warranty

The products sold benefit from the statutory conformity warranty provided for by the applicable European legislation (EU Directive 2019/771) and by the Italian Consumer Code (Legislative Decree 206/2005).

The preliminary quality control does not in any way prejudice the consumer’s rights under the statutory warranty.

Conformity warranty for tangible Products for Consumer Users

Consumer Users are granted the conformity warranty, as provided for by Articles 129 et seq. of the Consumer Code, for all tangible Products sold through the Application, except in the cases of exclusion provided for by Article 128 of the Consumer Code.

The Owner is liable to the Consumer User for any lack of conformity that becomes apparent within two years of delivery. During the first year, the Consumer User is not required to prove that the defect existed at the time of delivery, as it is presumed to have existed on that date, unless such presumption is incompatible with the nature of the tangible Product or with the nature of the lack of conformity.

If the Consumer User intends to avail themselves of the remedies provided by the conformity warranty, they must send a written communication to the e-mail address miacaffestore@gmail.com or by calling customer service at 3285389897.

The Owner will respond promptly and indicate to the Consumer User the procedure to follow.

For anything not provided for in this clause, Articles 128 to 135-septies of the Consumer Code and the articles of the Civil Code concerning the formation, validity, and effectiveness of contracts shall apply, including the consequences of termination of the contract and the right to compensation for damages.

Shipping costs for sending the product under warranty are borne by the purchaser. With regard to coffee machines, a warranty repair means one related to malfunctions due to manufacturing defects of the product. The electronic component is therefore covered, except for short circuits due to malfunctions of household systems. The parts that normally wear out are therefore excluded, namely the levers needed to close the capsules/pods in place, pod holders, gaskets, the machine body, and the tank. The pump of all machines has a 6-month warranty since its proper operation depends on constant product care with specific maintenance kits (e.g., descalers).

Industrial and Intellectual Property Rights

All contents of the Application, including texts, documents, trademarks, logos, images, graphics, their arrangement, and their adaptations, are protected by copyright law and the legislation protecting trademarks. The Application may also contain images, documents, logos, and trademarks of third parties who have expressly authorized the Owner to publish them in the Application. Except for strictly personal use, it is not permitted to copy, alter, distribute, publish, or use the Contents without the Owner’s specific authorization.

Warranty disclaimer

The Application is provided "as is" and "as available" and the Owner makes no express or implied warranties regarding the Application, nor does it warrant that the Application will meet the Users’ needs or that it will never be interrupted or be error-free or free of viruses or bugs.

The Owner will endeavor to ensure that the Application is available uninterruptedly 24 hours a day, but can in no way be held liable if, for any reason, the Application is not accessible and/or operational at any time or for any period. Access to the Application may be temporarily suspended without notice in the event of system failure, maintenance, repairs, or for reasons entirely beyond the Owner’s control or due to force majeure events.

Limitation of Liability

The Owner shall not be liable to the User, except in cases of willful misconduct or gross negligence, for service disruptions or malfunctions related to the use of the internet outside its control or that of its suppliers.

The Owner shall also not be liable for damages, losses, and costs incurred by the User as a result of non-performance of the contract for reasons not attributable to the Owner, the User being entitled only to any full refund of the price paid and any ancillary charges incurred.

The Owner assumes no responsibility for any fraudulent and unlawful use that may be made by third parties of credit cards and other means of payment, as it does not in any way come into contact with the payment data used (credit card numbers, cardholder’s name, passwords, etc.)

The Owner shall not be liable for:

    • any loss of business opportunities and any other loss, including indirect loss, that may be suffered by the User and that is not a direct consequence of the Owner’s breach of contract
    • incorrect or inappropriate use of the Application by Users or third parties
    • the issuance of incorrect fiscal documents or data due to errors related to the data provided by the User, the latter being solely responsible for their correct entry

In no event shall the Owner be liable for an amount exceeding twice the cost paid by the User.

Force majeure

The Owner shall not be considered liable for failure or delay in fulfilling its obligations due to circumstances beyond the Owner’s reasonable control arising from force majeure events or, in any case, from unforeseen and unforeseeable events and, in any case, independent of its will.

The fulfillment of the Owner’s obligations shall be deemed suspended for the period during which force majeure events occur.

The Owner shall take any action within its power to identify solutions that allow the proper fulfillment of its obligations despite the persistence of force majeure events.

Links to third-party sites

The Application may contain links to third-party sites/applications. The Owner has no control over them and, therefore, is in no way responsible for the content of these sites/applications.

Some of these links may refer to third-party sites/applications that provide services through the Application. In such cases, the general terms and conditions for the use of the site/application and for the use of the service prepared by third parties shall apply to the individual services, for which the Owner assumes no responsibility.

Privacy

The protection and processing of personal data will be carried out in accordance with the Privacy Policy, which can be consulted on the page privacy policy, in the bottom menu of the site.

Applicable law and jurisdiction

The Terms are governed by Italian law.

For Consumer Users, any dispute relating to the application, execution, and interpretation of these Terms shall be referred to the court of the place where the Consumer User resides or has elected domicile, if located within the territory of the Italian State, without prejudice to the Consumer User’s right to bring an action before a court other than the "consumer’s court" pursuant to Article 66-bis of the Consumer Code, having territorial jurisdiction under one of the criteria set out in Articles 18, 19, and 20 of the Code of Civil Procedure.

Without prejudice to the application, to Consumer Users who do not have their habitual residence in Italy, of any more favorable and mandatory provisions provided by the law of the country in which they have their habitual residence, in particular with regard to the period for exercising the right of withdrawal, the period for returning the Products in the event of such right being exercised, the procedures and formalities of the related notice, and the statutory conformity warranty.

Online dispute resolution for Consumer Users

Consumer Users residing in Europe should be aware that the European Commission has established an online platform that provides an alternative dispute resolution tool. This tool may be used by the Consumer User to resolve, out of court, any dispute relating to and/or arising from online sales of goods and provision of services. Consequently, the Consumer User may use this platform to resolve any dispute arising from the contract concluded online. The platform is available at the following address: ec.europa.eu/consumers/odr/

Date 27/03/2025