The goods covered by these general conditions are sold by Pasta Frolla & Co. Srl with registered office in Zanè (VI) Italy, Via Monte Pasubio 212/F, VAT No 04213960240, hereinafter referred to as the “Supplier”.
1.1. The expression “online sales contract” is understood to mean the contract of sale for the tangible moveable goods of the Supplier, entered into by the Supplier and the Buyer within the framework of a system of distance sale using electronic tools, organized by the Supplier.
1.2. The term “Buyer” is understood to mean the natural person who makes the purchase, referred to in this contract, for purposes unrelated to any commercial or professional activity performed.
1.3. The term “Supplier” is understood to mean the party identified above or the information service provider.
Subject of the contract
2.1. With this contract, the Supplier and the Buyer respectively sell and buy at a distance, by means of electronic instruments, the tangible moveable goods indicated and offered for sale on the website www.biscottiecrostate.it.
2.2. The products referred to above are illustrated on the website: www.biscottiecrostate.it.
3.1. The contract between the Supplier and the Buyer shall be concluded exclusively via the Internet by means of access by the Buyer to the website www.biscottiecrostate.it, where, following the instructions given, the Buyer shall formalize the proposal for the purchase of the goods referred to in point 2.1 of the preceding article.
Conclusion and effectiveness of the agreement
4.1. The purchase agreement shall be concluded by means of the accurate completion of the request form and consent to the purchase expressed via consent sent online or by completing the form annexed to the online electronic catalogue at www.biscottiecrostate.it, which is sent only after viewing a web page displaying the (printable) order summary including the details of the customer and the order, the price of the good purchased, the shipping costs and any other ancillary charges, the methods and terms of payment, the address to which the good will be delivered, the delivery times and notice of the right of withdrawal.
4.2. As soon as the Supplier receives the order from the Buyer, it shall send a confirmation email or display a web page confirming and summarizing the order, which may be printed, which shall also include the information outlined above.
4.3. In the absence of the above, the contract shall not be considered finalized and effective between the parties.
Payment methods and refunds
5.1. Payments by the Buyer may be made only by means of one of the methods indicated on the relevant web page by the Supplier.
5.2. Any refund to the Buyer shall be made by means of one of the methods proposed by the Supplier and chosen by the Buyer.
5.3. A special line is provided by the Supplier for all payment communication, which is protected by an encryption system. The Supplier guarantees the storage of payment information with an additional level of data encryption and in compliance with the provisions of the personal data protection regulations in force.
Times and methods of delivery
6.1. The Supplier shall deliver the products selected and ordered using the methods chosen by the Buyer or indicated on the website when the goods are offered, as confirmed in the order confirmation email.
6.2. The shipping times may vary from the same day of the order to a maximum of 10 working days from order confirmation. In the event that the Supplier is unable to deliver an order within this deadline but shall instead deliver within the deadline indicated below, the Buyer shall be notified in good time via email.
6.3. The methods, times and costs of shipping are clearly indicated and highlighted on the cart view page.
7.1. All the prices of sale of the products displayed and indicated on the website www.biscottiecrostate.it are given in euro and constitute a public offer pursuant to Art. 1336 of the Italian Civil Code.
7.2. The sale prices referred to above include VAT and any other duties. The costs of shipping and any other ancillary costs (e.g. customs clearance), where applicable, although not included in the purchase price, must be indicated and calculated in the purchase process before the Buyer submits the order and also shown on the order summary page.
8.1. The Supplier ensures the processing and dispatch of orders without delay by means of the electronic system used. For this purpose, it indicates in real time in its electronic catalogue the number of products available and those not available, in addition to the shipping times.
Limitations of liability
9.1. The Supplier shall accept no liability whatsoever for disruptions to service attributable to reasons of force majeure in the event that it fails to execute an order in the times foreseen by the contract.
9.2. The Supplier shall not be held liable towards the Buyer, except in cases of wilful misconduct or gross negligence, for disruptions to service or malfunctions in relation to use of the internet beyond its own control and the control of its subsuppliers.
9.3. The Supplier shall also not be liable for damages, losses and costs incurred by the Buyer following the failure to execute the contract for reasons beyond its control; they Buyer shall have the sole right to a full refund of the price payed plus any ancillary expenses paid.
9.4. The Supplier shall accept no liability whatsoever for any fraudulent and unlawful use that may be made by third parties of the credit cards, cheques and other means of payment used to pay for the products purchased, should it prove that it adopted all the precautions possible on the basis of the most advanced knowledge and experience at the time and on the basis of ordinary due diligence.
9.5. In no case may the Buyer be held liable for delays or mishandling of a payment, should they prove that they made the payment according to the times and methods indicated by the Supplier.
Obligations of the Buyer
10.1. The Buyer undertakes to pay the price of the goods bought according to the times and methods indicated in the contract.
10.2. The Buyer undertakes to print off and keep this contract, having completed the online purchase procedure.
10.3. Furthermore, it is acknowledged by the Buyer that they have already read and accepted the information contained in this contract, insofar as this is a compulsory step prior to purchase confirmation.
No right of withdrawal
The right of withdrawal shall not apply to contracts concluded through the website https://www.biscottiecrostate.it
Grounds for termination
14.1. The obligations referred to in point 12.1, undertaken by the Buyer, as well as the guarantee of successful completion of payment by the Buyer using the means referred to in point 5.1, and also the correct fulfilment of the obligations undertaken by the Supplier in point 6, are essential, so that, by express agreement, the failure to fulfil even one of the aformentioned obligations, where not caused by unforeseeable circumstances or force majeure, shall result in the termination of the contract pursuant to Art. 1456 of the Italian Civil Code, with no need for any judicial ruling.
Contract storage procedure
16.1. Pursuant to Art. 12 of Leg. Decree 70/2003, the Supplier shall inform the Buyer that every order sent is stored in digital format/hard copy on the server/premises of the Supplier according to the criteria of confidentiality and security.
Notifications and complaints
17.1. Written notifications to the Supplier and any complaints shall be deemed valid only if sent to the following address: Pasta Frolla & Co. Srl Via Monte Pasubio 212/F (VI) Italy or sent by email to email@example.com. The Buyer shall indicate in the registration form their residence or domicile, telephone number or email address to which they want the Supplier to send any notifications.
18.1. Any disputes arising from this contract shall be referred to the Chamber of Commerce of Vicenza and resolved according to the conciliation regulations adopted by this entity.
18.2. Should the Parties intend to bring proceedings before the court, the competent court shall be the Court of Vicenza.
Applicable laws and reference
19.1. This contract is governed by Italian law.
This contract shall repeal and replace any written or oral agreement, understanding or negotiation made previously between the Parties and concerning the subject of this contract.