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This information is provided for the website “www.pasticceriaferretti.com”(Site) owned by Pasticceria Ferretti Srl, located at Via Carraia 1, Peccioli (PI), 56037, with VAT No. 02483110504.(Seller).
1.1 Any sale on the Site constitutes a distance contract governed by Chapter I°, Title III° (Articles 45 et seq.) of Legislative Decree September 6, 2005, no. 206(Consumer Code) and by Legislative Decree April 9, 2003, no. 70, containing the regulation of electronic commerce.
1.2 The Terms and Conditions of Sale apply to all sales made by the Seller on the Site. The terms given are intended as working days, thus excluding Saturdays, Sundays, and national holidays.
1.3 The General Conditions of Sale may be changed at any time. Any changes and/or new conditions will be in effect from the time they are posted on the Site. You are therefore encouraged to access the Site regularly and consult the most up-to-date version of the General Terms and Conditions of Sale before making any purchase.
1.4 The applicable General Terms and Conditions of Sale are those in effect on the date the purchase order is submitted.
1.5 These Terms and Conditions do not govern the sale of products and/or services by parties other than Seller that may be present on the Site through links, banners, or other hypertext links. Before conducting business transactions with such parties, it is necessary to check their terms of sale. The Seller is not responsible for the provision of services and/or sale of products by such parties. On websites accessed through such links, the Seller does not perform any control and/or monitoring. The Seller is therefore not responsible for the contents of such sites or for any errors and/or omissions and/or violations of law by them.
1.6 You are responsible for carefully reading these Terms and Conditions as well as all other information that Seller provides on the Site.
1.7 Submission of the purchase order constitutes acceptance of these Terms and Conditions.
2.1 Purchasing on the Site
2.2 In the case of orders, from whomever they originate, which are found to be abnormal in relation to the quantity and/or frequency of purchases, the Seller reserves the right to take all necessary action to have the irregularities ceased.
2.3 The Seller reserves the right to refuse or cancel orders that come from:
2.4 Before purchasing any Food Product offered for sale on the Site, you are requested to notify Seller if you have any food allergies, intolerances or food intolerances. If you fail to make this disclosure, Seller is in no way responsible for any kind of damage you may have suffered from the purchase of Food Products on the Site.
2.5 Transfer to third parties is prohibited, since this is a sale subject to selective distribution.
3.1 To register for the Site You must complete the appropriate form, entering the following information:
3.2 You agree to notify the Vendor immediately if you suspect or become aware of any misuse or improper disclosure of your Site access credentials.
3.3 The registered user of the Site warrants that the personal information provided by him/her is complete and true and agrees to hold the Seller harmless and indemnified against any damages, compensatory obligations and/or penalties arising out of and/or in any way connected with the violation by the user of the rules on registration to the Site or on the storage of registration credentials and/or the provision of false, incomplete or otherwise inaccurate personal data, without prejudice to the right of the Seller to proceed to disable the user’s account.
4.1 In accordance with the Legislative Decree of April 9, 2003, no. 70 containing provisions on electronic commerce, the Seller informs you that:
5.1 The Products offered on the Site are limited in number. It may therefore happen, also due to the possibility of several users purchasing the same Product at the same time, that the Product ordered is no longer available after the transmission of the purchase order.
5.2 Within the Site is information regarding the availability of each Product.
5.3 You will be informed if the ordered Product is unavailable. In this case You shall be entitled to terminate the purchase agreement pursuant to and in accordance with the provisions of Art. 61, 4th and 5th paragraphs, of the Consumer Code.
5.4 Alternatively, you may accept:
5.5 If a request is made for a refund of the amount paid for the purchase of Products that later turned out to be unavailable, the Seller shall make the refund within a maximum period of 15 days.
5.6 In the event that you make use of the right of termination under Art. 61, IV and V paragraphs, Consumer Code, the contract shall be terminated; in the event that the payment of the total amount due, consisting of the price of the Product, shipping costs, if applied, and any other additional costs, as resulting from the order (Total Amount Due) has already occurred, the Seller will make a refund of the Total Amount Due in accordance with the provisions of the “Payment Method” article below.
6.1 Each product is accompanied by an information page explaining its main features(Information Sheet). The images and descriptions on the Site reproduce as closely as possible the characteristics of the Products. The colors of the Products, however, may differ from the actual colors due to the settings of the computer systems or computers you use to view them. In addition, the Product images in the Information Sheet may differ in size or in relation to any accessory products. These images should therefore be understood as indicative and with the tolerances of use.
7.1 All prices of Products posted on the Site are inclusive of Value Added Tax.
7.2 The Seller reserves the right to change the price of the Products, at any time, without prior notice, provided that the price charged to you shall be the price shown on the Site at the time the order is placed and that no account shall be taken of any change (upward or downward) after the order has been transmitted.
7.3 Shipping charges, if any, shall be expressly and separately stated in the order form before the user proceeds to transmit the order form.
8.1 The Seller will ship the Products only after receiving confirmation of payment authorization or upon credit of the Total Amount Due, with a 7-day order processing time from the time of purchase. Ownership of the Products will be transferred to you at the time of shipment, which shall be deemed to be the time of delivery of the Product to the carrier. The risk of loss of or damage to the Products, due to causes not attributable to Seller, on the other hand, shall pass to you when you, or a third party designated by you and other than the carrier, take physical possession of the Products.
The Service you choose will be performed only upon payment of the Total Amount Due. The Seller reserves the right not to provide the service if, subsequent to the submission of your purchase order, it is determined that you have not paid all or part of the Total Amount Due.
8.2 The purchase agreement is terminably conditioned on non-payment of the Total Amount Due. Unless otherwise agreed upon in writing with you, the order will be cancelled accordingly.
8.3 In order to submit a purchase order, you must read and approve these Terms and Conditions by checking the appropriate box on the purchase process pages. Failure to accept these Terms and Conditions will result in the inability to make purchases on the Site.
9.1 The following payment methods are allowed on the Site:
9.2 The Seller accepts credit cards from the circuits:
They are, in each case, indicated in the footer of each page of the Site.
The charge will be made only after (i) the details of your payment card used for payment will have been verified and (ii) the issuing company of the payment card you use will have issued the debit authorization.
Confidential payment card data (card number, cardholder, expiration date, security code) are encrypted and transmitted directly to the payment processor without passing through the servers the Seller uses. The Seller therefore never has access to and does not store, even if you choose to store such data on the Site, your payment card information used to pay for the Products.
The charge will be made when the order is transmitted.
9.3 In the event that you choose bank transfer as the method of payment, the Seller, upon receipt of your order, will notify you by email of the bank details and the deadline for making the transfer. The email may contain a request to email the receipt of the transfer made or confirmation that it has been made.
In the case of payment by bank transfer, the delivery time of the Product indicated in the Product Sheet and/or on the Site, will start from the date of receipt of the transfer by the Seller and not from the date of transmission of the order, as is the case if you choose other methods of payment.
Unless otherwise agreed, Services will be rendered only after receipt by bank transfer of the Total Amount Due.
You are requested to include the following information in the reason for the transfer:
From sending the order You must arrange payment within 2 business days. Failing this, the Seller reserves the right to cancel the order within the next 5 working days.
10.1 Deliveries of purchased Products are made:
In specific countries:
The delivery obligation is fulfilled by the transfer to you of the material availability or otherwise control of the Product.
10.2 Shipping charges are from time to time indicated on the Site and/or in the Product Schedule.
10.3 From the date of placing the order, the Products will be delivered within 30 days and, in any event, within thirty days from the date of conclusion of the contract.
10.4 It is your responsibility to verify the condition of the delivered Product. Notwithstanding the fact that the risk of loss or damage of the Product, due to causes not attributable to the Seller is transferred when you, or a third party designated by you and other than the carrier, materially takes possession of the Product, the Seller recommends that you verify the number of Products received and that the packaging is intact, not damaged, nor wet or otherwise altered, including in the sealing materials and you are invited, in your interest, to indicate on the transport document of the carrier, any anomalies, accepting the package with reserve. In the event that the package shows obvious signs of tampering or alteration, prompt notice should be given to the Seller. This is without prejudice, in any case, to the application of the rules on the right of withdrawal (if any for the Product) and the legal guarantee of conformity.
11.1 In the event of a purchase on the Site, unless otherwise indicated, you do not enjoy the right of withdrawal provided by Art. 52 of the Consumer Code with reference to the Product(s) indicated in this Article. In fact, on the Site are: sold goods that are likely to deteriorate or expire quickly, sold sealed goods that are not suitable for return for hygienic or health protection-related reasons.
All Products sold on the Site are covered by the Legal Warranty of Conformity provided for in Articles 128-135 of the Consumer Code(Legal Warranty).
The Legal Guarantee is for consumers only. It, therefore, applies, only to users who have made the purchase on the Site for purposes unrelated to any entrepreneurial, commercial, craft or professional activity.
The Seller shall be liable to the consumer for any lack of conformity of the Product and which becomes apparent within two years after such delivery. The lack of conformity must be reported to the seller, under penalty of forfeiture of the warranty, within two months from the date it was discovered.
Unless proven otherwise, defects of conformity that become apparent within six months of delivery of the Product shall be presumed to have existed on that date, unless such a presumption is inconsistent with the nature of the Product or the nature of the defect of conformity. On the other hand, from the seventh month after delivery of the Product, it will be the consumer’s burden to prove that the lack of conformity existed when the Product was delivered.
Therefore, to be eligible for the Legal Warranty, the consumer must first provide proof of the date of purchase and delivery of the goods. It is advisable, therefore, that the consumer, for the purpose of such proof, keep the purchase invoice or any other document that can attest to the date the purchase was made (e.g., payment card statement) and the date of delivery.
In the event of termination of the contract, the Seller will refund to the consumer the total amount paid, consisting of the purchase price of the Product, shipping costs and any other additional costs. In case of price reduction, the Seller will return the amount of the reduction, previously agreed with the consumer. The amount of the refund or reduction will be credited to the means or payment solution used by the consumer for the purchase.
The Seller shall not be liable in case of damages, of any nature whatsoever, resulting from the use of the Product in an improper manner and/or not in accordance with the instructions provided by the manufacturer as well as in case of damages resulting from unforeseeable circumstances or force majeure.
If you made the purchase as a “professional” within the meaning of the provisions of the Consumer Code, the preceding paragraphs of this article do not apply. The legal warranty set forth in Art. 1490 c.c.
13.1 Purchase contracts concluded through the Site are governed by Italian law. It is 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.
13.2 Please note that in the case of a consumer user, the court of the place where the user resides or has elected domicile shall have jurisdiction for any dispute relating to the application, execution and interpretation of this document. In the case of a professional user, instead, for any dispute relating to the application, execution and interpretation of this document, the Court where the Seller is located shall have jurisdiction pursuant to the provisions of Article 1 above.
13.3 Pursuant to Art. 141-sexies, paragraph 3 of the Consumer Code, the Seller shall inform the user who holds the status of consumer under Art. 3, paragraph 1, lett. a) of the Consumer Code, that, in the event that he has submitted a complaint directly to the Seller, as a result of which it has not, however, been possible to resolve the dispute thus arising, the Seller will provide information about the Alternative Dispute Resolution body or bodies for the out-of-court settlement of disputes relating to obligations arising from a contract concluded under these General Conditions of Sale (ADR bodies, as indicated in Art. 141-bis et seq. Consumer Code), specifying whether or not it intends to use such bodies to resolve the dispute itself.
13.4 The Seller shall also inform the user who qualifies as a consumer under Art. 3(1)(a) of the Consumer Code that a European platform for online resolution of consumer disputes (so-called ODR platform) has been established. The ODR platform can be accessed at http://ec.europa.eu/consumers/odr/; through the ODR platform, the consumer user will be able to browse the list of ADR entities, find the link to the website of each of them, and initiate an online dispute resolution procedure for the dispute in which he or she is involved.
13.5 The consumer user’s right to bring the dispute arising from these General Terms and Conditions of Sale before the competent ordinary court of law, whatever the outcome of the out-of-court settlement of disputes relating to consumer relations through recourse to the procedures referred to in Part V, Title II-bis of the Consumer Code, are in any event unaffected.
13.6 The user who resides in a member state of the European Union other than Italy may, in addition, have access, for any dispute relating to the application, execution and interpretation of these General Conditions of Sale, to the European procedure established for small claims, by Regulation (EC) no. 861/2007 of the Council, July 11, 2007, provided that the value of the dispute does not exceed, excluding interest, fees and expenses, Euro 2,000.00. The text of the regulations can be found at www.eur-lex.europa.eu.
You can request information, send communications, request assistance, or file complaints by contacting the Vendor in the following ways:
The Seller will respond to complaints submitted within 5 days after receiving them.