1. GENERAL CONDITIONS
These General Conditions of Sale (hereinafter, the “General Conditions”) form an integral part of the online sales contract to final clients (hereinafter, the “Clients”) of perishable products of fresh pastry, delicatessen and beverages (hereinafter, the “Products”) marketed by C.G. Company S.r.l., based in Milan, Via G. Rovani n. 7, VAT number and registration by the competent Chamber of Commerce 12267690969 (the “Company”) and made by Ottocento S.r.l. (hereinafter, “Pasticceria Ottocento”) through the dedicated area of the website https://www.ottocentomilano.com/ (hereinafter, the “Website”) following the procedures contained within the same and regulate its preliminary stages, conclusion and execution.
The Company may at any time modify the General Conditions by publishing them on the Website. Such changes will not be effective against purchase orders already concluded before the publication of the changes on the Website.
It is the Client’s responsibility to carefully read these General Conditions and all the information useful for the purchase on the Website.
For the purposes of the present General Conditions, the Client includes any natural person acting for purposes other than the business, commercial, craft or professional activity possibly carried out. To this extent, it is understood that all contracts executed with clients consumers are ruled also by the Decreto Legislativo 6 settembre 2005, n. 206 e ss.mm.ii. (hereinafter, “Codice del Consumo”).
For any information regarding these General Conditions and/or the purchases made on the basis of the same, complaints, privacy guarantees, communications of withdrawal and of refund, the interested subjects may write an email to email@example.com
2. METHOD OF ENTERING INTO THE CONTRACT
The information and details contained in the area reserved for e-commerce on the Website do not constitute binding offers pursuant to art. 1336 of the Italian civil code.
The purchase proposal of the Products is formulated by the Client when sending the order form in electronic format that the Client must fill out and confirm in the order summary screen.
By sending the online purchase order, the Client declares that he or she has read and expressly accepts the General Conditions. In the absence of such declaration, the purchase procedure shall be completed.
By accepting the General Conditions and by sending the purchase order, the Client gives his consent to all communications being sent and received by e-mail. Furthermore, the Client will be responsible for the correctness of all the information entered in the purchase order or in his/her account.
Before sending the purchase order, the Client may identify and correct any errors in the data entry.
If the Client intends to receive the invoice, he or she must select the appropriate option in the order form, or, alternatively, may write an email to firstname.lastname@example.org, by indicating the relevant order number.
The Client shall also select the option to indicate a different place of shipment from the one reported in the compilation of his/her personal data.
The contract is concluded at the time of receipt by the Client of the confirmation email with the summary of the Products object of the order (the “Order Confirmation”).
Company will execute the contract only once the payment for each Order Confirmation has been received. After the expiration of the 15th day from the completion of the contract without the payment having been effectively executed, the order will be considered cancelled.
Company reserves the right not to proceed with any Order Confirmation, in case:
– the data provided by the Client at the time of completing the order form are incomplete or incorrect;
– Client does not meet the requirements to give course to the payment terms;
– the ordered Products are not available.
In the above cases the contract shall not be considered concluded. In such a case, Company will refund the Client for any sums already paid by the latter.
Company shall not be considered responsible for any variation in the availability of Products after the Order Confirmation. In case only some of the Products ordered are available, Company will promptly inform the Client thereof and the Client may decide to confirm his or her interest in the Order. In case of no acceptance by the Client, the Order will be cancelled, and any sums already paid by the Client will be refunded.
3. PRICES AND PAYMENT CONDITIONS
The selling prices of the Products, the shipping costs and the payment methods are those listed on the Website and are expressed in Euros.
The selling prices of the Products include the VAT provided for by law, but do not include the shipping costs, which will be added to the total amount due.
The Order Confirmation will indicate the total amount to be paid for the purchase made with indication of shipping costs and any other additional costs. This total amount will be the total amount due by the Client in relation to the order placed.
Company reserves the right to change the prices on the Website at any time. In no case will CG Company S.r.l. be held responsible for any price changes.
The Client undertakes to pay the price of the acquired Products as follows:
– by credit card;
– by Paypal: in this case the charge will be made upon confirmation of receipt of the order.
– by Satispay.
Payment by credit card or other telematic system is made directly on the server protected with encryption key in order to ensure the security of the transaction and is managed directly by the bank or by the operator of the selected payment service. Company does not have access to credit card details, neither at the time of sending the payment nor subsequently.
4. METHOD OF PRODUCT SHIPPING
The Products shall be delivered on the basis of the times and in the manner indicated in the delivery service chosen by the Client among the various options listed on the Website.
The Product shipping shall take place from ITALY.
In the case of delivery by shipment, the shipping costs are borne by the Client, and may vary according to the delivery service chosen. It will be the option of Company to decide to deliver the Products also through several deliveries. Using this option, however, the Client will not have to bear any additional cost.
In case of production delays the Client will be promptly informed by the customer service.
In the event that the Client is absent at the time of delivery of the Products, a notice will be issued to the same by the courier. The Client must promptly contact the Company in order to agree on the new delivery methods. In such a case, the Client will have to bear the new shipping costs. The risks relating to the Products pass to the Client at the time of delivery of the Products to the courier. Company will in no case be responsible for any delays, omissions and losses in the deliveries attributable to the courier, to third parties or to events of force majeure.
Each order shipment will be marked with an identification number issued by the courier. The courier will deliver the Products to the ground floor.
5. RIGHT TO WITHDRAW
The Client may withdraw from the Order within fourteen calendar days.
The above term of withdrawal runs from:
- in case of a single Product, the day on which the Client or a third party indicated in the Order by the Client has received the Product;
- in the case of several Products and separate deliveries, the day on which the Client or a third party indicated in the Order by the Client acquires has received the last Product.
The Client shall return the Products using a carrier of his choice and at his own expense.
The refund may be denied if the Product is damaged and without its label.
Pursuant to art. 59 of D.lgs. 21/2014, the right to withdraw does not apply with regard to the supply of tailor-made or personalised goods, to the supply of goods that risk deteriorating or expiring quickly.
The Products illustrated on the Website are original products made by Pasticceria Ottocento. The characteristics and ingredients of each Product are reported on the Website within each product sheet, where the allergens present are also indicated, however, the colours of the same may not correspond to the real ones due to the effect of the internet browser and of the monitor used and of natural variations of the raw materials. The images are therefore to be considered purely illustrative.
The Client assumes all the health responsibilities related to allergies or diseases that require special attention and/or to avoid consuming the Products.
The Products on the Website and their availability may vary at any time.
7. LEGAL WARRANTY OF CONFORMITY
All Products are covered by the legal warranty provided for in art. 128-135 of the Codice del Consumo (Legal Warranty). The Legal Warranty does not apply to Products purchased by clients different from consumers.
Any claims of the consumers for discrepancies of the Products must be submitted in writing by e-mail to email@example.com, within sixty days from the discovery of the defect, under penalty of forfeiture of all rights, with indication of: 1) the order placed; 2) the invoice; 3) the date of dispatch; 4) the defects found; 5) photographs of the non-compliant Products; 6) contact details of the contact person.
Company reserves the right to examine the foundation of the complaints on the basis of the photographs attached to the complaint email or of the Products returned directly to the store. The shipping costs for the collection of products with defects of conformity are borne by the Company and if the claim proposed in the above procedures is founded, Company will provide, at its discretion, within 30 days, to the refund of the amount paid or to the new delivery of the Products.
The right of Company to receive back the contested supply, before proceeding with the refund or replacement of the Products, is reserved.
8. PERSONAL DATA PROTECTION
9. APPLICABLE LAW AND DISPUTE RESOLUTION
The General Conditions are governed by Italian law and in particular by Codice del Consumo with specific reference to the legislation on distance contracts and by Legislative Decree no. 70 of 9 April 2003 on certain aspects concerning the electronic commerce.
For any dispute concerning the validity, interpretation or execution of these General Conditions, the territorial jurisdiction is of the Court of Milan.
Pursuant to Articles 1341 and 1342 of the Italian Civil Code, the Client also declares to expressly accept and approve the provisions contained in Articles 2 (method of entering into the contract), 3 (prices and payment conditions), 4 (method of Product shipping); 5 (right to withdraw); 6 (Products), 8 (personal data protection), 9 (applicable law and dispute resolution).