Terms and conditions - Kito

General conditions of sale, data protection policies, privacy policy

1. Scope of application.

The user accessed this area of the website www.kitocoffee.com (hereinafter referred to as "Kito" or "site") using the url: https://www.kitocoffee.com/.
Browsing and transmitting a purchase order on the site implies acceptance of the General Conditions of Sale and the Data Protection Policies adopted by the site itself as indicated below.
These General Conditions of Sale apply to the sale of products with exclusive reference to purchases made on the site in accordance with the provisions of Part III, Title III, Chapter I, Consumer Code (Legislative Decree No. 206/05 and subsequent amendments) .ii.) by:

Company: Brasil Moka srl unipersonale
Headquarters: Via Nazionale 42 23030 Villa di Tirano (SO) Italy
VAT number: IT 00920130143
Registered in the REA, number SO69370

The user is required, before accessing the products provided by the site, to read these General Conditions of Sale which are generally and unequivocally accepted at the time the order is sent and consequently to the completion of the purchase of the products marketed by Kito. .
The user is invited to download and print a copy of the purchase form and these General Conditions of Sale, the terms of which Kito reserves the right to modify unilaterally and without notice, the prior verification being the responsibility of the user.
It is possible to use the site and then access products supplied by it and purchase these in the following languages: Italian, English

2. Subject of the online contract and its definition

By "online" sales contract we mean the legal transaction concerning movable property stipulated between Brasilmoka S.r.l. unipersonale (hereinafter also only Brasilmoka or seller), owner of the Kito brand, based in Villa di Tirano (SO), Via Nazionale 42 and a consumer (hereinafter also user or buyer) within a system of distance selling organized by Brasilmoka which, for this contract, uses only the distance communication technology called "internet".
Therefore, all contracts will be concluded directly through access by the user to the website corresponding to the address www.kitocoffee.com, where, if you wish and following the indicated procedures, you can conclude the contract for the purchase of products supplied by Brasilmoka.
These General Conditions of Sale govern the offer, forwarding and acceptance of purchase orders for products on Kito and do not, on the other hand, govern the provision of services or the sale of products by parties other than the seller who are present on the same site through links, banners or other hypertext links.
Before placing orders and purchasing products and services from different subjects, we suggest that you check their conditions of sale.

3. Registration on the site

Registration on our website assumes that the mandatory information provided by the user is correct and complete. Brasilmoka invites you, therefore, to ensure the exact indication of the same and to communicate any changes of address or other changes, providing for the timely updating of your personal data indicated during registration by accessing your account / user profile.
When registering on this website, it will be necessary to choose a password which will remain strictly confidential and must therefore not be disclosed to third parties. It will be your sole responsibility to transmit any order placed with the same password, even without your knowledge.
The user acknowledges that these identifiers constitute the system for validating access to the sales services offered by the site and the only system suitable for identifying the user; the acts performed through this access will be attributed to the user and will have binding effect towards him.
Therefore, if you know or suspect that someone else knows or is using your password, you undertake to immediately inform Brasilmoka who will disable it by sending an email to This email address is being protected from spambots. You need JavaScript enabled to view it..
Once registered, the user will receive a confirmation email in the email provided by him. Confirmation will be communicated within 72 hours at the latest. After this period, in the absence of confirmation, Kito will be released from any commitment towards the user.
If the user communicates inaccurate or incomplete data or even in the event that there is a dispute regarding the payments made, Kito will have the right not to activate or suspend the service until the related deficiencies are rectified.

4. Order procedure.

The transmission of an order through the site involves the assumption of a commitment to purchase the selected products, in accordance with these Conditions of Sale.
Brasilmoka offers its products on this site within the limits of availability in stock.
The computer system of the site is designed to guarantee the immediate fulfillment of orders and avoid unnecessary waiting for the customer; in fact, it indicates in real time, in its electronic catalog, the physical availability of the product and any condition of unavailability. Should an order exceed the quantity existing in the warehouse, the computer system will allow you to bring "to the checkout", purchase and receive only the remaining quantities within the set times. Product availability is not guaranteed on Saturdays and Sundays as the site is not updated. It may happen that several simultaneous orders do not allow the updating of availability. In the latter case Brasilmoka will communicate, within 48 hours, the lack of availability and any waiting for the fulfillment of the order. If the user does not agree to wait the time necessary for delivery beyond the legal deadline, the contract will be considered terminated and Brasilmoka will cancel the payment as soon as possible and in any case no later than 30 days.
The purchase contract is concluded through the correct compilation and the consent to the purchase expressed through the adhesion given "online", or with the transmission of the order. There is no minimum purchase order constraint. The customer can pay for the ordered goods through the payment services indicated online at the time of purchase.

5. Confirmation of the order

Upon transmission of the order to Brasilmoka, you will be sent a confirmation e-mail which will constitute a binding obligation to purchase.
The proof of the order and of the entire transaction consists of the data recorded by Brasilmoka, just as the data recorded through the payment system constitutes proof of the financial transaction.

6. Sales prices and shipping rates

The prices applicable for the products ordered are those that appear on this site on the date the order is sent and must be understood as including VAT. The shipping costs at your expense will be invoiced to you on the basis of the rates indicated on this site on the date the order is sent. Shipping costs vary depending on the size of the order and the place of destination of the goods being delivered.
Prices are subject to change at any time. The changes do not affect orders for which an order confirmation has already been sent.
Where there is an obvious error in the price indication on the website, Kito will notify the buyer as soon as possible, allowing the order to be confirmed at the right amount or cancellation. In any case, Kito will not be obliged to supply what is sold at the lower price incorrectly indicated.
Once the desired products have been selected, they will be added to the cart. It will be sufficient to follow the instructions for the purchase, entering or verifying the information requested in each step of the process. Order details can be changed before payment.

7. Obligations of the buyer

Once the "on line" purchase procedure has been completed, you are obliged to print and keep these Conditions of Sale, (whose prior viewing and acceptance constitutes, moreover, an obligatory step to purchase), as well as to print and conservation of the order sent to Brasilmoka containing the specifications of the product being purchased.
It is strictly forbidden to enter false and / or fictional data in the compilation of the information necessary to activate the process for the execution of the contract and in general in all communications with Brasilmoka. If there is a need to ascertain your identity for the correct fulfillment of the contract, you undertake to provide us with a copy of your identity document that has not expired. Failure to comply with the request for documents authorizes Brasilmoka to terminate the contract due to default by the buyer.
It is expressly forbidden to make multiple registrations corresponding to the same person or to enter data of third parties. Brasilmoka reserves the right to legally pursue any violation and abuse, in the interest and for the protection of all users of the site.
By transmitting the order you release Brasilmoka S.r.l. from any liability deriving from the issue of incorrect tax documents due to errors relating to the data provided by you, being yourself solely responsible for their correct insertion.

8. Authorizations

By filling in the appropriate space on the payment system website, you authorize Brasilmoka to use your credit card, or other card issued to replace it or to debit your current account with the total amount shown as the cost of the purchase. made "online" including VAT and shipping costs. The whole procedure is done through a secure connection directly connected to the bank owner and manager of the "on line" payment service, which Brasilmoka cannot access. If you wish to make use of the right of withdrawal, as set out in point 14 of these Conditions of Sale below, the amount to be refunded will be credited to the same credit card and / or current account. By entering your personal data in the online registration procedure, you authorize Brasilmoka to communicate non-sensitive information (such as residence, telephone number, etc.) to trusted couriers and / or shippers used for the delivery of goods purchased in in order to allow the procedures necessary for their delivery.

9. Payments

Invoices are sent and paid directly online, payments by credit card are due and payable immediately. Your credit card details will be encrypted during the transaction for security reasons.
In the event of late payments, you will be charged interest on arrears and legal and administrative costs relating to debt collection.
Brasilmoka reserves the right to refuse any new order until any outstanding invoices have been fully paid.

10. Deliveries

All orders confirmed by Brasilmoka by e-mail will be delivered to the shipping address you specified when placing your order.
The agreements made by Brasilmoka with its trusted courier provide for worldwide shipping, with the exception of locations not indicated on this site.
Delivery is made, for the Italian territory, generally within 5 working days, or, if no delivery date is specified, within the estimated deadline at the time of selecting the delivery method and, in any case, within the maximum deadline of thirty days from the date of the order confirmation.
As regards the countries of the European Union, delivery will generally be made within 5 working days, and in any case, within the maximum term of thirty days.
In non-EU territories, delivery will take place roughly in 10 working days.
If delivery is not possible, the order will be sent to the warehouse. In this case, a notice will specify the place where the order is located and how to agree on a new delivery.
If you are unable to be present at the delivery location at the agreed time, you will need to contact the courier to agree on a new delivery date.
Shipping costs are charged to the buyer and are explicitly highlighted at the time the order is placed.
The risks relating to the products will pass to the buyer from the moment of delivery. The ownership of the products is considered acquired as soon as full payment of all amounts due in relation to the same, including shipping costs, is received, or at the time of delivery, if this occurs at a later time.

11. Customs Regulations

The delivery methods must take into account the laws and regulations in force in the various destination countries. If any import duties or taxes are envisaged in the country of destination of your orders, and as the customs regulations differ from country to country, Brasilmoka invites you to contact local customs directly to get correct information before completing the order. Customs clearance procedures and any additional costs that may apply are your sole responsibility.

12. Verification of the goods and responsibility for them

You are responsible for checking the quantity and the good condition of the goods at the time of delivery. In the event that you encounter anomalies in the state of the packaging and the quantities ordered, you must report it to the carrier and sign the delivery document with reserve. It will be your responsibility to inform Brasilmoka, within 7 days of delivery, of any anomalies found, in order to be able, after checking your reserve, to replace the damaged goods or integrate the missing goods with respect to what you ordered.

13. Force Majeure

Brasilmoka cannot be held responsible for delays or non-delivery caused by circumstances of force majeure. These circumstances include strikes, natural disasters, wars and any other event that makes the production, transport or delivery of the products impossible.
In the event of delivery delays, Brasilmoka will ensure compliance with its obligations as soon as possible.

14. Right of Withdrawal

If for any reason you are not satisfied with the purchase made, you have the right to withdraw from the contract stipulated with Brasilmoka, without any penalty and without having to specify the reason. You therefore have the right to refuse the goods ordered and found not to meet your expectations by communicating it to Brasilmoka within 14 days of receipt of the order.
The goods must be returned intact, in the original packaging, complete in all its parts and complete with the attached tax documentation. Without prejudice to the right to verify compliance with the above, Brasilmoka will refund the amount of the products subject to withdrawal within a maximum period of 14 days, including any shipping costs.
In the event that the returns have been made in accordance with the above, Brasilmoka will refund the price of the returned goods and the related shipping costs invoiced, within a maximum of 14 days from receipt of the return. The transport costs for the return of the goods are your responsibility.
In the case of multiple purchases made by the user with a single order and delivered separately, the 14-day term starts from the date of receipt of the last product.
The user who intends to exercise the right of withdrawal from the purchase can make it by accessing the section: "URL form page" on the Kito site with the creation of a file. You can also communicate it by registered letter with return receipt to the address:
Brasil Moka srl unipersonale
Via Nazionale 42
23030 Villa of Tirano (SO)
Italy
The goods must be returned to the aforementioned address.
Brasilmoka can suspend the refund until the goods are received or until the buyer demonstrates that he has returned the goods.
Brasilmoka will make the refund using the same payment method chosen by the buyer during the purchase. In the case of payment made by bank transfer, and if the user intends to exercise his right of withdrawal, he must provide the bank details: IBAN, SWIFT and BIC necessary for the refund.

15. Contract termination and express termination clause

Brasilmoka has the right to terminate the stipulated contract by giving you simple communication with adequate and justified reasons; in this case, the user will only be entitled to a refund of any sum already paid.
The obligations you have assumed pursuant to art. 7 (Obligations of the purchaser), as well as the guarantee of the successful completion of the payment, are essential, so that by express agreement, the non-fulfillment, on your part, of only one of these obligations will result in the legal termination of the contract pursuant to art. 1456 cc, without the need for judicial ruling, without prejudice to the right of Brasilmoka to take legal action against you for compensation for further damage.

16. Equipment Warranty

The equipment purchased through this site is guaranteed by the manufacturer in accordance with the specific clauses and conditions set out in the original documentation that you will receive with the product.
When ordering such equipment through the website www.kitocoffee.com you undertake to read this documentation for more information on the manufacturer's warranty, which in no case prevails over the legal regulations in force.

17. Limitation of Liability

Brasilmoka declines all responsibility in the event of an error or omission of photos or texts appearing on this site as they are published solely for information purposes.
Brasilmoka cannot be held responsible in the event of non-compliance of the products ordered with the laws and regulations of international countries, other than the one in which Brasilmoka has its headquarters, even in the case of electrical or other incompatibility.
In any other case, any request for reimbursement for other reasons will never exceed the amount of the purchase price of the products themselves.
Finally, no responsibility can be attributed to Brasilmoka for any indirect, fortuitous or consecutive damages of any nature, which may occur in connection with its products, with their use and the procedures relating to the online transaction, even if the possibility of such damage was or could have been known by Brasilmoka.

18. Data processing

By using the site, the user authorizes the processing of his personal data. This information is also valid for the purposes of Article 13 of EU Regulation no. 2016/679, concerning the protection of individuals with regard to the processing of personal data as well as the free circulation of such data.
The data controller is Brasilmoka S.r.l.
The data processor, appointed by the owner, is Brasilmoka S.r.l.
The data will be processed at Brasilmoka S.r.l., via Nazionale 42, 23030 Villa di Tirano - Italy.
The data is processed in an exclusively electronic form, using IT tools and supports designed to ensure the security and confidentiality of the data. The stored information is protected from unauthorized access.
The data provided by users is processed in relation to purchase orders, payments (which may contain name, address, contact details), IP address, all other data communicated.
The purpose of using such data is the execution of the purchase order and payments, the communication of the data to third party providers of payment and shipping services as well as information contacts about the activities and services of the site, commercial offers from affiliated companies and business partners.
The provision of data and consent to the processing for the purposes referred to in the contract or the fulfillment of the order and the relative payment is necessary for the conclusion itself as well as for the execution of the contract therefore the refusal to provide such data or to lend the consent to the relative treatment results in the impossibility for the user to purchase the products and services offered.
The provision of data and consent to processing for the purposes of commercial communications is optional. However, any refusal to provide such data or to give consent to its processing may result in the impossibility for the user to receive such additional services.
The user, in always has the right to have his data updated, rectified or integrated, the cancellation, transformation into anonymous form or blocking of data processed in violation of the law including those that do not need to be kept in relation to purposes for which the data were collected or subsequently processed, the attestation that the operations have been brought to the attention, also as regards their content, of those to whom the data were communicated or disseminated, except in the case in which this fulfillment proves impossible or involves a manifestly disproportionate use of means with respect to the protected right.
The user has the right to object, in whole or in part, to the processing of personal data concerning him for legitimate reasons, even if pertinent to the purpose of the collection and to the processing of personal data concerning him for the purpose of sending advertising or sales material. direct or for carrying out market research or commercial communication.
The user can also revoke the consent to the processing of their data previously given to Kito at any time.
All rights provided for by EU Regulation 2016/679 can be exercised by the user by writing to the following email: This email address is being protected from spambots. You need JavaScript enabled to view it..
At the first visit, the user will be invited to choose their own language and will offer the possibility to save the language of preference. To this end, the user authorizes the use of the so-called identification codes. cookies, i.e. small files sent from your internet server and recordable on the hard disk of the user's computer.
The hard drive collects information on the user's language preference and stores the pages of the site visited. Cookies are used to prevent the user from receiving the same information repeatedly or in the wrong language, and to adapt the content and presentation of the site to the type of user's browser.

19. Safeguard clause

In the event that one of the clauses of these General Conditions of Sale is null for any reason, this will in no case compromise the validity and compliance with the other provisions contained in these General Conditions of Sale.

20. Contacts

Any request for information can be sent by email to the following address This email address is being protected from spambots. You need JavaScript enabled to view it..

21. Applicable law and competent court

These General Conditions of Sale are governed by Italian law and interpreted on the basis of it, without prejudice to any other prevailing imperative rule of the buyer's country of habitual residence. Consequently, the interpretation, execution and termination of the General Conditions of Sale are subject exclusively to Italian law.
Any disputes inherent and / or consequent to the same must be resolved exclusively by the Italian judicial authority. In particular, if the user is a Consumer, any disputes must be resolved by the court of the place of domicile or residence of the same according to the applicable law.

These conditions were drawn up on 28/04/2021.