General Terms and Conditions of Sale

July 14, 2023

The following General Terms and Conditions of Sale (the “Terms”) govern the sale of merchandise by Caffe Borbone America Corp. (hereinafter, “Caffe Borbone USA”, “we”, “us” and “our” as context may require) to you through the website www.caffeborboneamerica.com (the "Site"). The Site is available only for purchases made and delivered within the United States. 

Your use of the Site to purchase merchandise indicates your agreement to follow and to be bound by these General Terms and Conditions of Sale.

You may not order or obtain products or services from the Site if you (a) do not agree to these Terms, (b) are not the older of (i) at least 18 years of age or (ii) legal age to form a binding contract with Caffe Borbone USA, or (c) are prohibited from accessing or using the Site or any of the Site’s contents, goods or services by applicable law.

These Terms are subject to change by Caffe Borbone USA without prior written notice at any time, in our sole discretion. The latest version of these Terms will be posted on this Site, and you should review these Terms before purchasing any product or services that are available through this Site. Your continued use of this Site after a posted change in these Terms will constitute your acceptance of and agreement to such changes.

These Terms are an integral part of the General Terms of Use that apply generally to the use of our Site. You should also carefully review our Privacy Policy before placing an order for products or services through this Site.

  1. Placing Your Order & Order Cancellation

All orders placed on the Site are subject to email confirmation by us; we may choose not to accept any orders in our sole discretion.  Please note that the products displayed on the Site may be out-of-stock or discontinued, and availability is not guaranteed. You agree that your order is an offer to buy, pursuant to these Terms, all products listed in your order. If accepted, your confirmation e-mail will contain your order number and details of the items you have ordered. Registered users may also refer to the “My Account” section of the Site for the details of their order.

  1. Prices

All prices are in US Dollars. All prices posted on this Site are subject to change without notice. The price charged for a product will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include tax, and any applicable taxes will be added to your merchandise total and will be itemized in your shopping cart and in your order confirmation email. We are not responsible for pricing, typographical, or other errors in any offer by us and we reserve the right to cancel any orders arising from such errors.

Before finalizing and placing your order, you are advised to check the final sale price, and total amount due, which is inclusive of sales tax applied in accordance with applicable state and local regulations based on your shipping address. 

The amount of sales tax charged on your order will depend upon various factors, including, for example, the item purchased, sales price and destination of the shipment. Since sales tax regulations are subject to change, please refer to your final invoice with the shipping confirmation e-mail to see the amount of sales tax collected on the associated order.

  1. Shipping & Returns

Caffe Borbone USA ships products to customers within the 50 United States. We endeavor to ship all orders for in-stock items within three (3) business day(s).  Our standard business hours are 9AM – 5PM (Eastern Time Zone) Monday – Friday.  Standard shipping of products purchase on the Site is via independent carrier not affiliated with, or controlled by, Caffe Borbone USA, and you should allow five (5) to eight (8) business days for standard delivery once an order has been shipped.  

For an additional fee, we offer expedited shipping if that is your preferred shipping choice.  

All shipping charges are your responsibility.  Shipping charges will be included on your invoice and can be viewed prior to finalizing your order.  The shipping charge shown during the checkout process is subject to verification.  Shipping charges are subject to change without notice.  All orders are shipped FOB shipping point.  Title to products purchased on the Site, as well as the risk of loss for such products, passes to you when Caffe Borbone USA delivers these items to the carrier for shipment, and we are not responsible for any shipping delays or problems once the product has been shipped.

RETURNS 

As always, we want you to be satisfied with your purchase from the Site so we have a 30 day return policy. If you are unsatisfied with any purchase you have made from the Site for any reason, please contact us via our Contact Us page or the information below for a replacement or refund of the purchase price within 30 days of shipment. Please tell us your name, the order number, which items, how many you are returning, and the reason for the return. We will reply to the email with instructions on how to send the items back to us.

  1. Payments

Payment for the orders of products on the Site must be made by you at the time the order is submitted, using the data provided in the order form. We may use certain third-party providers, including PayPal, Google Pay, and ApplePay, to process credit card payments on our Site.

You represent and warrant that (i) the credit card and payment information you supply to us is true, correct, and complete, (ii) you are duly authorized to use such credit card or payment method for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any.

The use of credit and debit cards and the financial information (e.g. the credit/debit card number, user codes, verification of the owner and expiration date, etc.) will be protected by encryption protocols and specific security systems for online transactions. Please refer to our Privacy Policy for more information on how Caffe Borbone USA handles and protects your data.

  1. Product Quality and Characteristics

The products offered for sale on the Site bear one or more trademarks owned or used under license by Caffe Borbone USA. The Products for sale on the Site are new articles only, with the characteristics and standards typical of other Caffe Borbone products.

A detailed description of the products can be found on the products’ pages on the Site. Note that the pictures and colors of the products on the Site may differ from the physical article depending on your Internet browser settings or the device or monitor settings you use.
 

  1. DISCLAIMER AND LIMITATIONS OF LIABILITY 

CAFFE BORBONE USA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE PRODUCTS LISTED ON THE WWW.CAFFEBORBONEAMERICA.COM SITE NOR AS TO THE ITEMS BEING SOLD TO YOU. 

TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, CAFFE BORBONE USA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT, AND THERE ARE NO WARRANTIES, EXPRESS OR IMPLIED, WHICH EXTEND BEYOND THE DESCRIPTION OF THE MERCHANDISE CONTAINED ON OUR ORDER CONFIRMATION. 

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

OUR LIABILITY WILL UNDER NO CIRCUMSTANCES EXCEED THE ACTUAL AMOUNT PAID BY YOU FOR ANY DEFECTIVE PRODUCT THAT YOU HAVE PURCHASED THROUGH THE SITE, NOR WILL WE UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY DIMINUTION IN VALUE, COSTS OF REPLACEMENT GOODS OR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES OR LOSSES, WHETHER DIRECT OR INDIRECT.

SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

  1. Force Majeure

Caffe Borbone USA shall not be responsible for any delays or failures to deliver orders due to force majeure (including, by way of example but not limited to, any unforeseeable and unavoidable fact or circumstance that is beyond the control of Caffe Borbone USA, such as blocking of means of transport, earthquakes, fires, storms, floods, lightning strikes, interruptions in the telecommunication network, wars, blockades, strikes, epidemics, decrees by the authorities, etc.) or fortuitous event. Caffe Borbone USA shall not be liable for any damages (direct or indirect), losses or costs incurred as a result of the delayed or non-performance of the contract for the sale of the products on the Site due to the aforementioned force majeure, and the sole remedy you shall have in such instance shall be a refund of the price paid if the purchased products cannot be delivered.

  1. Privacy and Cookie Policies 

The terms and conditions of our Privacy Policy and Cookie Policy govern the processing of all personal data collected from you in connection with your purchase of products through the Site.

  1. Errors and Inaccuracies

Our goal is to provide complete, accurate, and up-to-date information on our Site. Unfortunately, it is not possible to ensure that any website is completely free of human or technological errors. This website may contain typographical mistakes, inaccuracies, or omissions, some of which may relate to pricing and availability, and product information. We reserve the right to correct any errors, inaccuracies or omissions, including after an order has been submitted, and to change or update information at any time without prior notice.

  1. Binding Agreement

Our order confirmation, these General Terms and Conditions of Sale and our other Site policies shall be deemed the final and integrated agreement between you and us on the matters contained in these General Terms and Conditions of Sale.

  1. Governing Law and Choice of Forum

The laws of the State of New York (without giving effect to its conflicts of law principles) govern all matters arising out of or relating to these General Terms and Conditions of Sale, including, without limitation, their validity, interpretation, construction, performance, and enforcement. All legal proceedings arising out of or in connection with these General Terms and Conditions of Sale shall be brought solely in the City of New York, State of New York.

  1. Changes and updates

These General Terms and Conditions of Sale may be periodically changed at the sole discretion of Caffe Borbone USA and in consideration of any changes in the law as well. The modified General Terms and Conditions of Sale will be effective from their date of publication on the Site and are always and in any case binding for customers of the Site.

  1. Severability

If any provision of these General Terms and Conditions of Sale is determined to be invalid, illegal or unenforceable, the remaining provisions of these General Terms and Conditions of Sale remain in full force to the extent permitted by law.

  1. About Caffe Borbone USA

Caffe Borbone America Corp. is a New Jersey corporation, having an address at:

Caffe Borbone America Corp.
19 Commerce Road

Suite G 

Fairfield, NJ 07004

 

Questions?

Use the Contact Us page to request assistance.

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