Terms and condition for sale of goods
DEFINITIONS
Website: e-commerce platform accessible at the following address: https://www.pasticceriaciolini.it/
Pasticceria F.lli Ciolini:Flli Ciolini Srl, with headquarters in Via Bologna 178, 59025 Cantagallo (PO), VAT number 02531770978, which sells the Products advertised on the Website.
Costumer: natural or legal person who purchases the products of Pasticceria F.lli Ciolini on the website
Consumer: costumer who purchases the products of Pasticceria F.lli Ciolini on the website for purposes other than business activity, handicraft activity or whatever their job or occupation may be.
Product: packaged bakery items, packaged biscuits or every other product found on the website.
General Conditions: meaning this online sales contract between the Costumer and Pasticceria F.lli Ciolini.
Order: every single purchase transaction of a single or multiple products, also including burdens and costs of additional services, such as, for example the delivery fee.
Order confirmation: an e-mail message by which Pasticceria F.lli Ciolini will notify the Costumer of receipt of the order.
POINT 1 – SUBJECT OF THE CONTRACT
a) The subject of the contract is the online sale of the products of Pasticceria F.lli Ciolini, which are freshly prepared by the time the order is received. Pasticceria F.lli Ciolini sells through the website the products that the costumer purchases, all by the means of General Conditions.
b) The agreement takes place online and follows the costumer’s access to the website and the placing of an order, made by following the purchase procedure described on our website.
c) The products sold on the website are accurately described and explained through the information sheets, although it is important to stress that every image has demonstration purposes because the products are freshly prepared after placing the order.
POINT 2 – PURCHASES ON THE WEBSITE
a) To place an order, users must register on the site providing the requested data. The costumer is required to carefully read our General Conditions and Privacy Policy. An email confirmation will be sent to the user after registration, making it possible to proceed with the order.
b) The client will be able to make changes to chosen products or any data entered until the purchase confirmation that occurs by clicking on the “BUY” button. By clicking on the “BUY” button the costumer explicitly acknowledges that the order implies an obligation to pay.
c) To place an order the costumer needs to add the selected product to the cart. It is possible to add multiple products to the cart. The order summary will be shown before completing the order and, after reading every information (including General Conditions and Information Notice on Data Processing), the costumer will be able to proceed with the purchase by clicking the BUY button.
d) The contract ends when the costumer receives the Order Confirmation email.
POINT 3 – COSTUMER OBLIGATIONS
a) Payment must be made at the time of the order confirmation, using the means of payment described point 6 of General Conditions.
b) Before any purchase, the costumer must read the product information sheet, the General Conditions and the Information Notice on Data Processing.
c) When ordering, the costumer must correctly and truthfully fill the personal information. It is forbidden to enter false personal or invented details.
POINT 4 – PRODUCT PREPARATION
a) The selected products are made and prepared by Pasticceria F.lli Ciolini after payment confirmation. Preparation time goes from 2 to 10 business days.
POINT 5 – PRICES AND DISCOUNTS
a) The sales prices shown are expressed in Euro and they include VAT, packaging and delivery costs.
b) Pasticceria F.lli Ciolini reserves the right to change the price of products at any time and without notice; it being understood that the price charged to the client shall be the same shown on the website upon order placement.
c) The following discounts may be applied:
i. “Promotional discount” (applied on each individual product and shown on the description sheet)
ii. “Discount code” (only for those who own a specific purchase code, which is going to be entered during the order process)
d) The previous mentioned discounts may be cumulative, at the sole discretion of Pasticceria F.lli Ciolini
POINT 6 – PAYMENT METHODS
a) The payment methods accepted include Paypal, Nexy, bank transfer and credit cards.
POINT 7 - DELIVERY METHODS
a) Pasticeria F.lli Ciolini will provide for the delivery by a suitable courier.
b) Delivery time vary from 24 to 48 hours, once the finished product is submitted to the courier.
POINT 8 – CONSUMER RIGHT OF WITHDRAWAL
a) The costumer has the right to withdraw from the purchase within 14 days from delivery
b) The costumer who is planning to exercise the right of withdrawal must communicate it to Pasticceria Flli Ciolini through an explicit declaration, which can be sent by sending an email to info@pec.pasticceriaciolini.it or by registered mail a/r to the following address: Ciolini Srl,Via Bologna 178, 59025 Cantagallo (PO). For the applications sent by mail, the postmark date will serve as proof.
c) The costumer must return the products within 14 days.
d) Products must be returned in the same condition in which they were delivered. The products will not be accepted if damaged.
e) After confirming the integrity of the products, Pasticceria F.lli Ciolini will refund the payment within 14 days from the receiving of the notice of withdrawal
f) Pasticceria F.lli Ciolini, as provided by art. 56 comma 3 D.lgs 206/2005, changed by D.lgs 21/2014, may withhold the refund until the receiving/collecting of the goods, or until the costumer shows proof of sending the products, whichever happens first.
g) Your refund will be issued to the same method of payment used during the original purchase.
h) The right of withdrawal does not apply in the following cases:
i. The purchase of goods with risk of deterioration or quick expiration (ex. fresh and perishable food products)
ii. The purchase of sealed goods that can’t be returned due to hygienic or health related reasons and because they have been opened after the delivery.
POINT 9 – LIMITATION OF LIABILITY
a) Pasticceria F.lli Ciolini does not bear any responsibility towards outages happening due to circumstances beyond their control or towards any accidents that might delay the processing of the order.
b) Pasticceria F.lli Ciolini won’t be held responsible for any inefficiencies or malfunctions related to the use of the Internet outside of its control or its sub-contractors.
POINT 10 – LEGAL GUARANTEE OF CONFORMITY
a) All Products sold on the website are covered by the Legal Guarantee of Conformity provided by Articles 128-135 of the D.lgs 206/2005 - Consumer Code (“Legal Guarantee”)
i. In accordance with art 130 and 132 of the Consumer Code, in the event of lack of conformity of the product, the Costumer has the right to have the product restored to conformity, without any charge or to have the product replaced with a similar one and of equal amount. In case the requested product restoration turns out to be objectively impossible or too expensive the solution will be an appropriate reduction in price or the end of the contract. Otherwise, the costumer may request a voucher worth the equal amount of the previously purchased defective product. These rights are lost by the Consumer if the lack of conformity is not notified within a period of two months starting from the date which the defect was discovered. The legal guarantee of conformity ends after two years from the delivery of the products.
ii. The money refund can be issued through Paypal, Next, credit card or bank transfer, depending on which was the original payment method chosen by the Costumer.
POINT 11 – STORAGE MODE
a) Pursuant to art 12 of the Leg. Decree No. 70/2003, Pasticceria F.lli Ciolini wants to inform the Costumers that every sent order is preserved, by following the criteria of confidentiality and security, in digital/paper form on electronic devices situated in the company headquarters
POINT 12 – APPLICABLE LAW AND JURISDICTION
a) The General Conditions of Sale are regulated by Italian law.
b) In the case of the Client being a Consumer D.lgs 206/205 shall apply (“Consumer Code”) with specific reference on distance contracts and s.m.i and D.lgs 70/2003 on certain aspects related to e-commerce
c) Any dispute relating to the validity, interpretation or fulfilment of these General Conditions of Sale shall be submitted to the jurisdiction of the Costumer’s place of residence.
d) Following the art 14 of the Rules of Procedure 524/2013, in the event of a dispute the Costumer have the right to lodge a complaint via the European Union ODR platform, which can be found at the following link http://ec.europa.eu/consumers/odr
e) Any other dispute concerning the validity, interpretation or fulfilment of these Conditions of Sale and the contract of sale shall be submitted to the exclusive territorial jurisdiction of the Foro di Prato.
POINT 13 – PROTECTION OF PERSONAL DATA
a) For any information regarding the processing and protection of personal data please refer to the information of data processing given in observance to art. 13 GDPR (Reg. EU 679/2016)
POINT 14 – COSTUMER SERICE AND CLAIMS
a) Customers can contact us for any communication and for anything regarding the ending and executing of this contract at the following references:amministrazione@flliciolinisrl.com
b) The email address was created to allow the costumer to contact us quickly and effectively
c) For any reports or complaints regarding the service offered the costumer may contact Pasticceria F.lli Ciolini at the following references:
e-mail: amministrazione@flliciolinisrl.com
pec flliciolinisrl@pec.it
d) Claims will be handled within 10 days after notice.