General Terms and Conditions of Sale

Foreword

This information is provided for the site www.pasticceriabilardo.com (hereinafter the ‘Site’), owned by M.B. di Bilardo Marianna & C. s.a.s., with registered office in via Ernesto Vassallo 67/69, 93100 Caltanissetta (hereinafter the ‘Vendor’).

Article 1. Scope of Application

1.1 Any sale on the Site constitutes a distance contract governed by Chapter I°, Title III° (Art. 45 et seq.) of Legislative Decree No. 206 of 6 September 2005 (Consumer Code) and by Legislative Decree No. 70 of 9 April 2003, containing the rules on electronic commerce.

1.2 The General Terms and Conditions of Sale may be amended at any time. Any amendments and/or new conditions will be in force from the time of their publication on the Site. You are therefore invited to access the Site regularly and to consult, before making any purchase, the most up-to-date version of the General Terms and Conditions of Sale as well as all other information that the Vendor provides on the Site.

1.3 The applicable General Terms and Conditions of Sale are those in force on the date the purchase order is sent.

1.4 These General Sales Conditions do not regulate the sale of products and/or services by parties other than the Seller that may be present on the Site through links, banners or other hypertext links. The Seller is not responsible for the provision of services and/or the sale of products by such parties. On the websites that can be consulted via such links, the Seller does not carry out any control and/or monitoring. The Seller is therefore not responsible for the content of such sites or for any errors and/or omissions and/or violations of law on their part.

1.5 The submission of the purchase order constitutes acceptance of these General Terms and Conditions of Sale.

Art. 2. Purchase modalities

2.1 In order to purchase Products, the Customer shall fill in and send the electronic order form to the Seller. The order form contains a summary of the main commercial conditions, including price, means of payment and delivery terms, as well as summary information on the main characteristics of the Products ordered and a reference to the General Conditions. The Customer shall insert the Product he/she wishes to purchase in the ‘Shopping Cart’ and, after having read the General Terms and Conditions, with particular reference to the contribution for delivery costs, the methods of exercising the right of withdrawal, and the Privacy Policy, he/she shall select the desired payment method and choose the option ‘proceed with the order’.

2.2 The Vendor reserves the right to reject or cancel orders that come from:

  • by a user with whom the Vendor has an ongoing legal dispute;
  • by a user who has previously breached the General Terms and Conditions;
  • by a user who has been involved in crimes;
  • by a user who has provided false, incomplete or otherwise inaccurate identification data or who has failed to send the Seller the documents requested by it in good time or who has sent it invalid documents.

2.3 The Vendor reserves the right to evaluate the acceptance of orders received and may reject or otherwise not process purchase orders that are incomplete or incorrect, or in the event of unavailability of Products or that involve the delivery of Products ordered in certain geographical areas.

2.4 The user registered to the Site guarantees that the personal information provided by him/her is complete and truthful and agrees to hold the Seller harmless and indemnified from any damage, indemnification obligation and/or sanction deriving from and/or in any way connected to the violation by the user of the rules on Site registration or on the preservation of registration credentials and/or from the provision of false, incomplete or otherwise inaccurate personal data, without prejudice to the Seller’s right to proceed to disable the user’s account.

2.5 In accordance with Legislative Decree No. 70 of 9 April 2003 laying down provisions on electronic commerce, the Seller hereby informs you that

  • In order to conclude a purchase contract on the Site, you must complete an order form in electronic format and submit it to the Seller, electronically, following the instructions that will appear on the Site from time to time;
  • the contract is concluded when the order form reaches the Seller’s server;
  • Once the order form has been received, the Vendor will send you an order confirmation containing:
    • information on the characteristics of the purchase
    • an indication of the price.

Art. 3. Availability of Products

3.1 Within the Site there is information on the availability of each Product. The Customer may only purchase the products present in the electronic catalogue at the time the order is placed and as described in detail in the relevant information sheets. It is understood that the picture accompanying the descriptive sheet of a product may not be perfectly and completely representative of its characteristics but may differ in colour, size, and accessory products present in the picture. All purchase support information is intended as mere generic information material, not referring to the real characteristics of a single product. The customer may at any time request further information using the contacts on the site.

3.2 The availability of the Products at the time of the order is purely indicative, as the Products may be sold to others before Order Confirmation.

3.3 If a refund of the amount paid for the purchase of Products that are later found to be unavailable is requested, the Seller shall make the refund within a maximum period of 15 days.

Art. 4. Prices

4.1 All prices of the Products published on the Site are inclusive of Value Added Tax.

4.2 The Seller reserves the right to change the price of the Products, at any time, without prior notice, it being understood that the price charged to you will be the price indicated on the Site at the time the order is placed and that any variations (upwards or downwards) following the transmission of the order will not be taken into account.

4.3 Shipping costs, if any, are expressly and separately indicated in the order form, before the user proceeds with the transmission of the order form.

Art. 5. Purchase Orders

5.1 The Seller will dispatch the Products only after having received confirmation of the payment authorisation or the crediting of the Total Amount Due. Title to the Products will pass to you upon dispatch, which shall be deemed to be the time of delivery of the Product to the carrier. On the other hand, the risk of loss of or damage to the Products, for reasons not attributable to the Seller, 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 chosen by you will be performed only after payment of the Total Amount Due. The Seller reserves the right not to provide the Service if, after your purchase order has been placed, it is established that you have not paid all or part of the Total Due Amount.

5.2 The purchase contract is rescinded subject to non-payment of the Total Amount Due. Unless otherwise agreed upon in writing with you, the order shall be cancelled accordingly.

Art. 6. Payment modalities

6.1 The following payment methods are permitted on the Site:

(a) Credit or debit card;

(b) Google pay and Apple pay.

6.2 The charge shall be made only after:

  • the details of your payment card used for payment will have been verified;
  • the issuer of the payment card used by you will have issued the debit authorisation.

6.3 Confidential payment card data (card number, cardholder, expiry date, security code) are encrypted and transmitted directly to the payment processor without passing through the servers used by the Seller. The Seller therefore never has access to and does not store, even if you choose to store such data on the Site, the data of your payment card used to pay for the Products.

6.4 The charge will be made when the order is transmitted.

Art. 7. Delivery of Products

7.1 The purchased Products will be delivered to the address indicated by the Customer in the order form. The delivery obligation is fulfilled by transferring the material availability or otherwise the control of the Product to you.

7.2 Delivery Charges are borne by the Customer and are indicated on the Site in the order form from time to time.

7.3 It is up to you to check the condition of the Product delivered. Without prejudice to 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 different from the carrier, materially comes into possession of the Product, the Seller recommends that you check the number of Products received and that the packaging is intact, not damaged, not wet or in any case altered, including 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, it is advisable to promptly notify 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.

Art. 8. Right of Withdrawal

In line with the Consumer Code (Art. 52, Art. 58, Art. 59), there is no right of withdrawal for goods that are liable to deteriorate or expire rapidly and for that category of products that are not suitable for return for hygienic reasons.

Art. 9. Legal Warranty

All Products sold on the Site are covered by the Legal Guarantee of Conformity provided for in Articles 128-135 of the Consumer Code (hereinafter ‘Legal Guarantee’).

To whom it applies

The Legal Warranty is reserved for consumers. It therefore only applies to users who have made a purchase on the Site for purposes unrelated to any entrepreneurial, commercial, handicraft or professional activity carried out.

When applying

The Seller shall be liable to the consumer for any lack of conformity of the Product that becomes apparent within two years of such delivery. The conformity defect must be reported to the Seller, under penalty of forfeiture of the warranty, within two months from the date on which it was discovered.

Unless proved otherwise, it shall be presumed that the lack of conformity that becomes apparent within six months after delivery of the Product already existed on that date, unless this assumption is incompatible with the nature of the Product or the nature of the lack of conformity. From the seventh month following delivery of the Product, it shall instead be the consumer’s burden to prove that the conformity defect already existed at the time of delivery of the Product.

In order to benefit from the Legal Warranty, the consumer must therefore first provide proof of the date of purchase and delivery of the goods. It is therefore appropriate for the consumer, for the purposes of such proof, to keep the purchase invoice or any other document that can attest to the date of making the purchase (e.g. payment card statement) and the date of delivery.

In the event of termination of the contract, the Seller shall return to the consumer the total amount paid, consisting of the purchase price of the Product, the shipping costs and any other additional costs. In the event of a price reduction, the Seller shall refund the amount of the reduction, previously agreed upon 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 the event of any damage, of whatever nature, resulting from the use of the Product in an improper manner and/or not in accordance with the manufacturer’s instructions, as well as in the event of damage resulting from unforeseeable circumstances or force majeure.

If you made the purchase as a ‘professional’ within the meaning of the Consumer Code, the preceding paragraphs of this article shall not apply. The legal guarantee provided for in Article 1490 of the Italian Civil Code shall apply to your purchase on the Site.

Art. 10. Applicable law and competent court; out-of-court settlement of disputes – Alternative Dispute Resolution/Online Dispute Resolution

10.1 The sales contract between the Customer and M.B. di Bilardo Marianna & C. s.a.s. is concluded in Italy and governed by Italian Law. For the resolution of any disputes arising from the conclusion of this distance sales contract, if the Customer is a consumer, the territorial jurisdiction is that of the court of reference of his municipality of residence; in all other cases, the territorial jurisdiction is exclusively that of the court where the Seller has its headquarters.

10.2 The Seller also informs users who qualify as consumers pursuant to Article 3(1)(a) of the Consumer Code that a European platform for the online resolution of consumer disputes has been established (the so-called ODR platform). The ODR platform can be consulted at https://ec.europa.eu/consumers/odr/; through the ODR platform the consumer user can consult the list of ADR entities, find the link to the site of each of them and initiate an online dispute resolution procedure for the dispute in which he/she is involved.

Art. 11. Customer service and complaints

You may request information, send communications, request assistance or file complaints by contacting the Vendor as follows:

  • by filling in and sending the form available at the following link;
  • by telephone at the number indicated in the ‘Contact’ section.