These general conditions of sale govern the purchase of Products remotely via the Internet on the website www.azzarettibiscotti.com ("Site"). Before sending the order proposal, the Customer is required to carefully read these General Conditions, made available to him on the site to allow them to be read, stored and archived.
1. Pursuant to these General Conditions, we mean:
- by User or Customer: the natural person of age and / or legal entity registered on the Site or who visits the Site as an unregistered guest who purchases the Products. The User's personal data are indicated during registration on the Site, in the order proposal for the purchase of Products - if the Customer is not registered - and, in any case, in the order confirmation sent by e-mail, which forms an integral part of the Purchase Agreement;
- for Consumer Customer: the natural person who acts for purposes unrelated to any entrepreneurial, commercial, craft or professional activity carried out, to which the specific legislation referred to in Section II applies ("Pre-contractual information for the consumer and right of withdrawal in contracts at a distance and in contracts negotiated away from business premises "), arts. 49 to 59, as well as Sections III ("Other consumer rights"), arts. from 60 to 65, and IV ("General Provisions"), arts. 66 and 67, of the legislative decree 6 September 2005, n. 206 and subsequent amendments and additions ("Consumer Code");
- by Site: the e-commerce site through which the User can purchase the Bakery Products, accessible at www.azzarettibiscotti.com;
- by Parties: the Bakery that sells the Products and the User who buys them through the Site;
- by Product (s): all food and pastry products offered for sale by the Bakery through the Site, including, but not limited to, bread, cakes, biscuits, sweets, panettone and Christmas baskets;
- for General Conditions: this document which regulates the relationship between the Bakery and Users for the use of the Site and for the purchase of Products;
- by Contract: the documentation governing the sale between the User and the Bakery concerning the Products and which is made up of these General Conditions and the Purchase Confirmation. In the event of a conflict and / or discrepancy between the aforementioned documents, the General Conditions and the Purchase Confirmation will prevail, in the following order.
2. The User declares to have full capacity to act and enter into a contract for the purchase of the Products on the Site in compliance with these General Conditions. The Bakery will in no case be required to verify these requirements for the Users.
To purchase the Products, the User is required to:
- read and accept these General Conditions;
The documentation can always be saved by the User on a durable medium and / or printed on paper.
The General Conditions will also be applicable to new Products that will eventually be made available in the future through the Site, unless otherwise provided and communicated at the time of the first purchase of the new Product.
Object Of The Contract
1. The Bakery provides Users with a Website accessible through the User's hardware / software station connected to the Internet, through which Users can purchase the Products made available for purchase published in the electronic catalog.
2. The supply of the Products takes place exclusively for domestic and private use, possibly also collective. The User agrees not to use the Site and the Products for any commercial or resale purpose and, therefore, the Bakery cannot be held responsible in any way for any loss of profit or business, business interruption or loss of business opportunities.
3. Access to the personal area and / or the ability to make purchases by the User presupposes the availability of suitable hardware and software devices. The lack of the aforementioned requirements or other elements beyond the control of the Bakery may result in the inability to use the Site and purchase the Products, without any liability and / or breach being attributable to the Bakery.
Functionality And Features Of The Site
1. Access to the Site allows the User to purchase the Products within a dedicated virtual space.
2. The User acknowledges that, in case of purchase of Products, for the purpose of the correct supply of the purchased Product, the data provided by the User during registration on the Site or, if not registered, by sending the proposal order (name, surname, address, e-mail address, telephone number) will be used by the Bakery for the eventual conclusion of the Contract and may be communicated to the subjects appointed by it for the delivery of the Products purchased by the User. In this sense, the User expressly authorizes the Bakery to use this information, within the limits of what is actually necessary, in order to properly execute the Contract.
Rules Of Use Of The Site
1. The User undertakes to visit the Site and always read the information documentation carefully in order to understand its structure before purchasing the Products and is invited to always check the information and data communicated, making sure that what is sent and / or communicated at the Bakery is correct.
2. Each User can access and browse the Site and purchase the Products made available there. The User accepts and acknowledges that the Site cannot be used for illegal purposes or in violation of current legislation.
3. The Bakery has no obligation to monitor any content published by Users on the Site and / or the use that Customers make of the Site, as required by Legislative Decree no. 70/2003.
4. The Bakery still reserves the right to remove any content generated by the User if it is made aware or becomes aware in any other way of the pursuit of an illicit purpose and / or the violation of one or more prohibitions and / or an express request is made. in this sense by a judicial or administrative body and / or by a third party who is deemed to have been harmed by the contents published by the User. In such cases, the Bakery will notify the User of the aforementioned measures in any way and will have the right to suspend or cancel the User's account even without notice, without prejudice to any other recourse against the person responsible for the violations.
5. In the presence of serious or in any case recidivist behavior of violation of these General Conditions, the Bakery reserves the right to suspend for a specified time, the termination or cancellation of the User's account, as well as reporting to the competent authorities .
1. The User can register for free in the reserved area of the Site and create his / her personal account by filling in the appropriate form, indicating an e-mail address to log in and a "password" and providing the additional information necessary for the registration as requested in the form.
2. Following verification by the Bakery of the consistency of the data provided by the User during registration, the Bakery will send an e-mail confirming the registration to the e-mail address provided by the User. If the Bakery finds errors and / or inconsistencies, it will contact the User and / or communicate by e-mail the impossibility of completing the registration procedure.
3. If the User forgets or loses the access password, he can retrieve it directly from the Site, following the procedure indicated therein; the User will receive instructions to set the new password on the e-mail box that he entered during registration.
4. The User is responsible for the truthfulness of the information and personal data provided upon registration and during the purchase phase. The User must immediately inform the Bakery of any change in the information and personal data provided at the time of registration, or directly update them, where possible, through their personal page on the Site, so that such information and personal data are consistently current, accurate, complete and truthful. In the event that false, inaccurate or incomplete information or personal data have been provided, or the Bakery has a well-founded suspicion, the Bakery will have the right to prevent the use of the Site and / or the purchase of Products from part of the User.
1. The User is solely responsible for the conservation and appropriate use of the username and password used for registering on the Site and for accessing his personal account and must take all necessary measures to ensure that they are used properly and are kept secret and not disclosed to unauthorized persons.
2. The User is responsible for any activity carried out through his account and is liable for damages resulting from the improper use of his access data to the Site by third parties, committing as of now to indemnify and keep harmless Bakery from any request, including for damages, proposed and / or determined, directly or indirectly, by the aforementioned use or abuse by anyone.
3. The User must immediately inform the Bakery if there are reasons to believe that the e-mail address or password are, or are likely to have been, known by a person not authorized to use them and / or used in an unauthorized way. .
4. The Bakery reserves the right to suspend the User's e-mail address and password for access to the Site, if it believes that there is or is likely to be a security problem or unauthorized use of the same.
Description And Visual Representation Of The Products
1. The visual representation of the Products on the Site, where available, normally corresponds to the photographic image of the Products themselves and / or their packaging. This representation has the sole purpose of presenting them for sale, without any guarantee or commitment, on the part of the Bakery, regarding the exact correspondence of the image depicted on the Site with the actual product. In the event of a difference between the image and the written product sheet, the description of the product sheet always prevails.
Availability Of Products
1. The Customer can only purchase the Products present in the catalog published on the Site and in the quantities indicated as available. The prices and availability and / or characteristics of the Products are subject to change at any time, even without prior notice from the Bakery.
2. The Customer acknowledges that, due to the possible simultaneous access to the Site by multiple users and the time elapsing between the loading of the web page, the insertion in the cart and the checks inside the Bakery, the actual availability of the individual Products and / or quantities requested may also vary during the same day with respect to the indications given on the Site.
3. When the order proposal is sent by the Customer, the Bakery checks the actual availability of the Products requested by the Customer before confirming the order. In the event that, after sending the order, an unavailability of the requested Product occurs, the User will be immediately informed by e-mail and / or by telephone: if possible, the Customer will be offered alternative Products to those unavailable. If it is not possible to replace the requested Products with others actually available, the order relating to these Products will be canceled. The cancellation of the order will be automatic and no amount will be charged to the User.
Conclusion Of The Contract Through The Site
1. The User can purchase the Products offered for sale on the Site after registering or even without being registered, by visiting the Site in guest mode; the Products are listed and described in the relevant information sheet published on the Site, together with the costs of the Products including VAT.
- the same cannot be performed due to incorrect and / or incomplete and / or misleading information provided by the User to the Bakery (such as errors in payment data, delivery addresses or selected Products);
- an error has occurred on the Site relating to the Products requested by the User;
- the ordered Products are no longer available.
3. The User will receive an order confirmation e-mail with a summary of the Products requested, the total cost and delivery or collection data.
4. In case of acceptance of the order sent by the Customer, the Bakery will send the Purchase Confirmation by e-mail. The purchase, in any case, is considered correctly concluded with the receipt of payment by the Bakery. The Product will be delivered to the User only in the event of actual receipt of the amounts provided by the Bakery.
Prices Of Products
1. The User must pay the price shown on the page and / or in the Order Confirmation email to the Bakery. The price of the Products is indicated on the Site and is understood to include VAT only, unless otherwise indicated. In the event that the price of a Product is discounted or agreed, the discount percentage, the original or ordinary price and the final price are indicated.
2. The amount of delivery costs, where due, is indicated on the summary page of the order shown to the Customer before sending the order and may vary according to the type and / or quantity of Products purchased.
1. The payment by the User is a necessary condition for the purchase of the Products, therefore it must be made prior to the delivery and / or collection of the Products.
2. Payments can be made online via PayPal, credit card or Postepay, by bank transfer in advance or at the time of delivery / collection of the Products purchased, in the latter case with a surcharge of € 2.00; the User is required to choose, at the time of sending the order, the chosen payment method.
Payment By Paypal Or Credit Card
1. Payment can be made by the User directly online using the services offered by the Visa / Mastercard / PostePay / PayPal channels made available on the Site, to which terms and conditions of use are expressly referred. The related information provided by the User will be transmitted and managed by a third party ("Intermediary"), via a secure connection directly to the website of the Intermediary managing the transaction. For the protection of User safety, no credit card data is transcribed on the documents relating to the purchase confirmation and / or stored on the Site and / or by the Bakery, to which only the outcome of the transaction is communicated.
2. Each payment confirmation will be delivered in electronic format via e-mail to the address associated with the User's account directly by the Intermediary.
Payment By Bank Transfer In Advance
1. The data for payment by bank transfer are as follows: Azzaretti SAS di Albasini Gianni E Turrone Stefano - IBAN: IT37I0311156400000000003644. If the User selects this payment method, the data to make the transfer are also contained in the purchase page displayed on the Site.
2. In case of payment by bank transfer, the purpose must include the order number communicated by the Bakery and the User's personal details. The User must send a copy of the bank account to the Bakery as indicated in the order confirmation.
3. The expenses that the User will have to pay to their credit institution to make the transfer will in no way be attributable to the Bakery. The User is requested to inquire in advance with his credit institution about the costs that he will have to incur to make this type of payment.
1. For each Purchase Agreement concluded through the Site, the Bakery will issue an invoice or receipt relating to the Products purchased by the Customer; which will be sent to the e-mail address indicated by the User at the time of registration or order (in case of purchase as a "guest").
2. The information provided by the Customer at the time of the order will be used to issue the invoice. The Customer assumes all responsibility for the correctness of the aforementioned information. No change in the invoice will be possible after it has been issued.
Delivery Of Products
1. As indicated in the Order Confirmation, the Products purchased may be collected by the User at the Bakery's outlets or delivered to the address indicated by the User during the purchase, also using third-party services.
2. To use the home delivery service, the User is required to read and accept the detailed conditions on the Home Delivery page relating to times, coverage area and service methods, and to contact the Bakery by telephone.
3. Whatever the agreed method for the delivery of the Products, the User undertakes to be present personally or to appoint a third party in the place and within the times indicated in the Purchase Confirmation for home delivery and / or collection. of the Products.
4. The times and times indicated by the Bakery for home deliveries and collections are to be understood as indicative and not binding. The Customer accepts and acknowledges that there may be delays with respect to the times indicated, even if not dependent on the Bakery: in the event of such hypotheses, the Bakery will not be considered in default and the User will not be entitled to any refund or compensation.
5. If the delivery of the Products is not successful for reasons attributable to the User (by way of example, but not limited to: failure to be present at the place and time indicated for delivery or collection or refusal to collect the Products) , the latter will in any case be charged the sums due for the purchase and, if already paid, these sums will be definitively collected by the Bakery.
1. The Bakery may modify, at any time and without notice, the content of these General Conditions and any changes made will take effect from the date of publication on the Site, as stated in the heading of the General Conditions themselves.
2. In the event of changes, unless otherwise communicated, the General Conditions in force at the time of stipulation of the Contract remain valid for already concluded Contracts.
Right Of Withdrawal Of The Consumer User And Cases Of Exclusion
1. Consumer Users acknowledge and accept that the Products coming through the Site fall by their nature into the category of products to which the hypotheses of exclusion of the right of withdrawal provided for by art. 59, co. 1, lett. (c), (d), (e) of the Consumer Code, since these are products made to order, which risk deteriorating rapidly and which cannot be returned for hygienic reasons or related to health protection.
2. Therefore, unless otherwise expressly agreed between the Parties, the User may cancel the order only up to 2 days before the day of delivery / collection agreed upon by the Bakery, by contacting him directly by e-mail and / or telephone at the addresses indicated. in art. 1, lett. a), and on the website. After that time, the User loses the right to withdraw from the Purchase Agreement for one or more Products and will in any case be required to pay the Bakery the amounts indicated in the order confirmation.
In the event that the order is sent by the User less than 48 hours before the requested delivery / collection time, the order cannot be canceled.
3. If the Consumer User withdraws from the contract within the term provided for in the previous point, he will be reimbursed for any payments already made, without undue delay and in any case no later than 14 days from the day on which the Bakery was informed of the decision to withdraw from the Contract. These refunds will be made using the same payment method used by the User for the initial transaction, unless he has expressly agreed otherwise; in any case, the User will not have to incur any costs as a result of this reimbursement.
Limitation Of Liability
1. The Bakery declines all responsibility for cases of delays, malfunctions and interruptions in accessing the Site and in the online booking / purchase procedure that are caused by force majeure, tampering, interventions or incorrect use of the service made by the User or by third parties not authorized by the Bakery and also does not assume any responsibility for damages, claims or losses, direct or indirect, arising from the User for disservices or malfunctions connected to the use of the telephone network and / or the Internet network, which prevent, in any way , the correct usability of the Site and the purchase of the Products, as these impediments are beyond the control of the Bakery.
2. The Bakery cannot be held responsible, directly and / or indirectly, for non-fulfillment and / or damage caused by third parties that may affect the conclusion of the purchase and / or delivery of the Products. The Bakery declines all responsibility for direct and indirect damages, whether foreseeable or not, consequent and / or connected to the use of the Site by the User. If the Bakery is held liable due to an injury suffered by the User and attributable solely to the transmission of an order, this liability will be limited to the amount of the order paid by the User to the Bakery.
3. The Bakery is liable only for damages or non-fulfillment deriving from willful misconduct or gross negligence; no liability can be attributed to the same for slight negligence.
Intellectual And Industrial Property Rights
1. All trademarks, as well as any intellectual work, distinctive sign or name, image, photograph, written or graphic text and more generally any other intangible asset protected by the laws and international conventions on intellectual property and industrial property reproduced on the Site and / or relating to the Products sold remain the exclusive property of the Bakery and / or its assignors, without the User having any rights over them from accessing the Site and / or purchasing the Products.
Treatment Of Personal Data
1. The Bakery undertakes to comply with current legislation on the protection of personal data. The information on the processing of personal data is made available on the Site and in any case can be viewed and stored at any time before the conclusion of the Contract and registration of your personal account.
Complaints And Assistance
1. The User can always request assistance in making purchases through the Site, by contacting the Bakery at the addresses (e-mail and / or telephone) made available on the Site.
Applicable Law, Alternative Dispute Resolution And Jurisdiction
1. The relationships arising from the Contract are governed by Italian law.
2. For any dispute that may arise in relation to the application, interpretation and execution of the Contract, the Court of Pavia will be exclusively competent; for Consumer Customers, the court of the place of residence or domicile of the Consumer will be competent, in compliance with the provisions of the Consumer Code.
3. The Bakery informs the Consumer User, pursuant to art. 141-sexies, third paragraph, Consumer Code, that in the event that it is not possible to resolve a dispute between the same and the Bakery following a complaint presented directly by the User, the Bakery will inform him about the Alternative Dispute bodies Resolution (ADR) competent to resolve such disputes out of court, specifying whether or not it intends to use the aforementioned bodies to resolve the dispute.
4. The Bakery informs the Consumer User that, pursuant to Regulation (EU) no. 524/2013, a European platform called Online Dispute Resolution (so-called ODR platform) was established, to facilitate the out-of-court resolution of disputes, arising between consumers and professionals, concerning contractual obligations deriving from sales contracts or online services between a resident consumer. in the Union and a professional established in the Union. This ODR platform, which the User can use to resolve any disputes that may arise with the Bakery, can be consulted at the internet address http://ec.europa.eu/consumers/odr/.
5. Regardless of the outcome of the out-of-court settlement procedure of any dispute established, the right of the Consumer User to refer to the Judicial Authority of his place of residence or domicile remains in any case.