Terms and Conditions

GENERAL TERMS AND CONDITIONS

1. SCOPE OF APPLICATION

This online shop is run by cafesantahelena.com.

1.1 These terms and conditions apply:

a) the offers contained in this website also called “site” issued by cafesantahelena.com with registered office Empyrium Trading SA, in Via Giacomo Luvini 7, 6900 Lugano.

b) to all agreements and relationships concluded between cafesantahelena.com and any customer who places orders through this website.

1.2. cafesantahelena.com only accepts orders for products through this website, subject to the following conditions.

1.3. The general terms and conditions of sale are the only ones to be applied and replace all other conditions, except express written agreement.

cafesantahelena.com can occasionally modify certain provisions of its general conditions, and it is also necessary that this be reread every time you visit the cafesantahelena.com website. Consider that when validates the order the customer is automatically in accordance with our general sales.

2. Registration and Ordering Process

2.1. Registration

To make your purchases through this website, you must register in advance. The data requests for a registration are:

Name, Surname, Email address, telephone number/fax, company, Tax Identification number, and address.

2.2 Order

2.2.1. Choice of products

The products presented on this website have various categories and these categories are identified in the top menu and in the left column on the internal pages of the website.

When choosing one of these categories you will have access to the category belonging to the selected area, as well as the list of products. The displaying products on the website you want to order, you must insert in the shopping cart. Using the “Buy” option. You can also obtain more information about the products displayed, clicking on the product name, to access detailed images of them, their designations and references, characteristics, other models, etc.

2.2.2. Shopping Cart

After you placing all the products you want to order in the shopping cart, you can proceed and complete your order. You must observe the following steps:

1- Identification; If you have already logged in, you can go through to step 2.

2- Account and Billing Address.

3- Delivery Address.

4- Delivery method.

5- Payment method.

6- Confirm order.

After confirming your order, you will receive an email response to order receipt.

2.2.3. Order Acceptance

Confirmation of the availability of the ordered products and acceptance of your order will be made by sending a new e-mail. Only with this acceptance by cafesantahelena.com will form the agreement obliging cafesantahelena.com and the client, of which these conditions of sale are part.

cafesantahelena.com may withdraw, at any time, any offer or change the price indicated until the agreement with the customer exists. No liability for any topographical errors can be attributed to cafesantahelena.com. The images shown may not match the products.

3. Deliveries and Shipping Costs

3.1. See conditions in: shipping and returns

3.2. The cafesantahelena.com respect the terms and Conditions of an order as long as stock is available. In the event that one of the ordering products is not available in stock, cafesantahelena.com will contact the customer by email or telephone within 15 days from the date of the order.

cafesantahelena.com will perform its best efforts to deliver products and/or services on the scheduled date, but cannot be held responsible in case of delay for any reason.

4. Other Delivery Procedures

The customer must define.

5. Payment Method

We only accept the methods of payment that were indicated in the framework of the ordering process. The purchase price and any applicable shipping costs are due upon conclusion of the contract.

Reimbursements and deposits are automatically refunded to the Empyrium Trading SA account, unless otherwise requested by the customer.

6. Purchase Resolution

6.1. The customer has a maximum period of 14 days to freely resolve the purchase agreement into cafesantahelena.com.

6.2. For this purpose, you must contact us through cafesantahelena.com. The return of the products, as well as the delivery of their substitutes or the issuance of a credit note or the date to be agreed.

You should always return the products in their original packaging, with all accessories and the respective proof of purchase.

7. Warranty and Liability

If the goods are deficient at the time of transfer of risk, e.g. manufacturer error, or there is a wrong delivery, we will provide a replacement delivery if possible or a reimbursement. In case of failure of the replacement, you can request the cancellation of the purchase of the item concerned.

Our liability for own negligence and that of our employees, legal representatives and agents is limited to intent.

In the rarest cases where a product A is not available from a producer A in quality A, we allow us to buy the product A from a producer B in quality A so that you receive a complete order.

8. Addresses

8.1. Suppliers and contractors of the offers on these sites:

cafesantahelena.com – info@santahelena.com

Address to send returns to:

Empyrium Trading S A – Via Giacomo Luvini 7, 6900 Lugano.

8.2. Security Treatment of Personal Data Protection Law

8.3. In compliance with the provisions of the Personal Data Protection Law, (DSG) you have a right to free information about your stored data (Art. 8 DSG).

Also a right for rectification (art.5 para. 2 DSG). In addition, you may request delects or blocks your data. Insofar as it is no longer needed for contract execution. Information, blocking or deletion requests may also be sent electronically to info@santahelena.com. The cafesantahelena.com customer and website user may, at any time, exercise the rights of access, rectification, cancellation of their data through the following ways:

In the site called “my account”, and via email. If you want to cancel your email, you must do so via the email address found in our database, otherwise, we will be unable to remove it.

8.4. The customer authorizes the cafesantahelena.com to automatically process the customer’s personal data.

Including all discloses at the time of registration on the website, for the purposes necessary for contracting with the customer. Also managing and executing purchases and respective registrations, access control, including the use of “cookies“ technology. Therefore all this, by service providers and suppliers of cafesantahelena.com namely accounting and auditing companies.

8.5. The client authorizes cafesantahelena.com to disclose the client’s personal data to other companies belonging to the same group or to third parties based in Switzerland for advertising purposes.

Also including direct marketing, advertising, prospecting and market analysis, although the client may object to such disclosure in the field existing on the website for that purpose.

9. Other Rights and Responsibilities

9.1. Username

Each registered customer will choose a Username (email) that is unique, personal and non-transferable. The password is chosen by the customer at the time of registration and must be kept secret.

9.2. Security in transactions

The payment means available for collection guarantee you a payment against delivery simultaneously, a maximum level of security, whether made in cash or by credit card.

9.3. Prices and limitation to Existing Stock

Prices are shown in terms and include the respective fees and taxes (IVA). The prices indicated are exclusive for purchase through this website.

9.4. Ownership of Content and distinctive Signs

All data that content on the site, including distinctive trade signs, are the exclusive property of cafesantahelena.com or third parties and as such protect by law.

9.5. Errors in Content:

cafesantahelena.com does not assume any responsibility for any errors in the content of the website and the information provided. The cafesantahelena.com makes every effort to ensure the accuracy and conformity of the website, reserving the right to freely change the contents of the website, at all times and without prior notice.

9.6. Use of the internet

The cafesantahelena.com or will not be responsible for the damages and inconveniences resulting from the use of the internet.

Including, for example, as a result of the disruption or deficiency in the service and access, from outside intrusion or the presence of computer viruses, or from any case of force majeure.

9.7. Newsletter

The Newsletters sent by e-mail are intended to disseminate promotions and general information about the cafesantahelena.com. The customer will be able to receive the Newsletter, from the moment he/she signs up for the Newsletter or on the website, although there is no indication to the contrary in the registration form.

9.8. Health-related information:

The information contained in the website is provided for informational purposes only and is not meant to substitute for the advice provided by your doctor or other health care professionals. You should not use the information available on or through the cafesantahelena.com website.

(including, but not limited to, information that may be provided by health care and/or nutrition professionals employed by, or contracting with, cafesantahelena.com) or for diagnosing or treating a health problem or disease, or prescribing any medication. Information and statements regarding dietary supplements have not been evaluated by the Food and Drug Administration unless specifically so stated.

9.9. Submission of information and/or Materials

You understand that to utilize this website, we not require personal information. If you voluntarily choose to provide your personal information, this information is covered under our privacy policy.

cafesantahelena.com no encourages you to disclose private information on publicly accessible portions of this website.

Recognizing that you have no legitimate expectation of privacy in any information which you voluntarily disclose to cafesantahelena.com. Also, to the fullest extent permitted by law, waive any constitutional, statutory, or common law right to privacy which you might otherwise claim in such information. cafesantahelena.com may collect and utilize any personal information, which you voluntarily provide, and may combine the personal information collected from you with information collected from others to provide a better user experience.

Other than personally identifiable information, including but not limited to video, software, data, text, photographs, music, sound, remarks, comments, suggestions, ideas, graphics, or other submissions, transmissions and/or postings that are communicated to cafesantahelena.com through this website will be considered non-confidential/non-proprietary and will become, to the fullest extent permitted by law, the exclusive property of cafesantahelena.com.

You acknowledge the originality of any submission you communicate to cafesantahelena.com and accept responsibility for its accuracy, appropriateness, and legality.

Consequently, you agree also to provide true, accurate, current, and complete information about yourself if and when you elect to provide personal information to us. Also, you are responsible for your own communications and are responsible for any consequences resulting from these communications.

10. Legislation and Forum

The provisions of the Swiss Code of Obligations apply. The jurisdiction for all disputes arising from a contract with cafesantahelena.com is Lugano in Switzerland. We reserve the right to amend these terms and conditions at any time.

Any agreements and documents to which the present terms and conditions of sale apply are regulated by Switzerland law.