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1. PURPOSE OF THIS DOCUMENT
These General Conditions of Sale (hereinafter "General Conditions") govern the sale to final consumers (hereinafter "Customers") of fresh pastry products (hereinafter "Products") made by Third Millennium Srl and marketed by the same through the dedicated area of the website www.andreabarile.com (hereinafter "The Site") following the procedures contained therein.
For the purposes of these General Conditions, the final consumer is any natural person who acts for purposes unrelated to any entrepreneurial, commercial, craft or professional activity carried out.
The Products are produced and marketed by Terzo Millennio Srl with registered office in Via Giulio De Petra, 71 - Foggia .
For any information concerning these General Conditions and / or purchases made on the basis of the same, interested parties can write an email to firstname.lastname@example.org
2. METHOD OF CONCLUSION OF THE CONTRACT
The information and details contained in the area reserved for e-commerce on the website www.andrebarile.com should not be considered offers: they simply constitute an invitation to customers to conclude business by forwarding purchase proposals.
The purchase proposal for the Products is formulated by the Customer at the time of sending the order form in electronic format that the Customer must complete and confirm in the order summary screen.
If the customer intends to receive the invoice, he must send an email to our customer service via the form on the contact page. The Customer is also entitled to indicate a place of delivery other than that indicated in the compilation of their personal data.
Once the order form has been definitively sent, a summary page of the order will be displayed and an e-mail confirming receipt of the order will be sent.
By sending the order form, the Customer accepts that any purchase contract will be governed by these General Conditions.
Therefore, all orders are subject to acceptance by Terzo Millennio Srl, which reserves, at its sole discretion, the right not to proceed with any order proposal in the event that:
- the data provided by the Customer when completing the order form are incomplete or incorrect;
- the Customer does not qualify as a final consumer or does not meet the requirements to implement the payment conditions;
- the Products ordered are not available. To this end, the Third Millennium Srl will not be held responsible for changes in the availability of some Products. If only part of the ordered Products are not available and there are no other causes that can legitimize the non-acceptance of the order proposal, the Third Millennium Srl will follow up on the order proposal limited to the Products available upon notification to the Customer and acceptance by the latter.
In the cases indicated above, the Third Millennium Srl will inform the Customer by e-mail that the order proposal has not been accepted (in whole or in part) specifying the reasons and, therefore, the contract is not concluded. In this case, Terzo Millennio Srl will reimburse the Customer for any sums already paid by the latter.
The purchase contract between the customer and the Third Millennium Srl it will be concluded only when the Customer's order is accepted by the Third Millennium Srl . In that case, the Third Millennium Srl will send to the Customer, to the e-mail address provided by the latter, the confirmation that the purchase order is in progress.
3. PRICES AND TERMS OF PAYMENT
3.1. The selling prices of the Products, the shipping costs and the payment methods are those shown on the Site and are expressed in Euros.
The sales prices of the Products include the statutory VAT but do not include shipping costs, which will be added to the total amount due.
The Third Millennium Srl reserves the right to change the prices shown on the Site at any time. In no case the Third Millennium Srl may be held responsible for any price changes.
3.2 The Customer undertakes to pay the price of the Products purchased in the following ways:
- Paypal / Credit Card: in this case the charge will take place upon confirmation of receipt of the order.
In the event that the Third Millennium Srl you do not accept the order proposal, the amount will be credited back to the Customer.
- Invoice, for this solution, the customer must send a specific email to email@example.com
4. METHOD OF SHIPPING OF PRODUCTS
4.1. The Products can be collected at the Third Millennium sales points Srl or they will be delivered on the basis of the times and in the manner indicated in the delivery service chosen by the Customer among the various options shown on the Site, i.e., for the entire national territory excluding the islands, the delivery times will be 7/10 working days (excluding Saturday / Sunday / holidays) for the islands will be 10/15 working days (excluding Saturday / Sunday / holidays), clearly provided that the orders are requested, confirmed and paid no later than Monday to Wednesday (for the Italian territory islands excluded) and from Monday to Tuesday only for islands.
Transport costs are charged to the customer, and may vary according to the delivery service chosen.
In the event of production delays, the Customer will be notified by the Third Millennium customer service Srl .
These methods do not apply for periods of intense production such as Christmas, Easter, Valentine's Day etc.
4.2. The risks relating to the Products pass to the Customer upon delivery of the Products to the courier.
5. RIGHT OF WITHDRAWAL
5.1. As regulated by Legislative Decree no. 185/1999 "Implementation of Directive 97/7 / EC relating to the protection of consumers in respect of distance contracts", Art 5, paragraph 3 c) the right of withdrawal does not apply to goods perishable as in the case of fresh pastry products supplied by Terzo Millennio Srl.
6.1. The Products shown on the Site are original products of the Third Millennium Srl . The characteristics and ingredients of each Product are shown on the Site within each product sheet, where the ingredients are also indicated.
6.2 The Customer undertakes to communicate to the Third Millennium Srl by phone or email the presence of any allergies or pathologies that require special attention in the manufacture of the products. In case of lack of communication, the Customer assumes all the health responsibilities of the case.
The Customer undertakes to verify the integrity of the packaging and the conformity of the product in front of the Courier in case of home delivery. In the event that the package is visibly damaged, the Customer undertakes not to receive it, returning it at the same time to the Courier and activating the return procedure to the sender with a formal request for reimbursement and / or replacement.
7. DAMAGED OR NON-CONFORMING PRODUCTS
7.1 In the event that the Customer considers that the Products purchased are damaged or do not comply with their requests according to objective criteria (wrong image or dedication, product exchange, etc ...), they can obtain a refund of the amount paid or the replacement of the products:
a) directly at the Third Millennium Srl , which are listed in the list contained on the Site;
b) by writing to firstname.lastname@example.org
7.2 the Third Millennium Srl will carefully examine the returned Product and, once the non-integrity or non-conformity of the product has been ascertained, undertakes, in agreement with the Customer, to refund the amount paid or to supply a new product according to the instructions of the order received, to its own expenses.
8. PROTECTION OF PERSONAL DATA
With regard to all the obligations relating to the collection, processing, of the Customer's personal data and the related purposes, please refer to the specific information contained on the Site.
9. APPLICABLE LAW AND DISPUTE RESOLUTION
9.1. The General Conditions of Sale are governed by Italian law and in particular by the legislative decree no. 206 (Consumer Code) with specific reference to the legislation on distance contracts and the legislative decree 9 April 2003 n. 70 on certain aspects concerning electronic commerce.
For any dispute relating to the validity, interpretation or execution of these General Sales Conditions, the territorial jurisdiction is of the Court of Foggia.
Pursuant to articles 1341 and 1342 of the civil code, the Customer also declares to accept and expressly approve the provisions contained in articles 2 (methods of concluding the contract), 3 (prices and payment conditions), 4 (methods of shipment of the Products); 5 (right of withdrawal); 6 (Products), 8 (personal data protection), 9 (applicable law and dispute resolution).