Terms of service

1. PURPOSE OF THIS DOCUMENT
These General Conditions of Sale (hereinafter “General Conditions”) govern the sale to end consumers (hereinafter “Customers”) of fresh pastry products (hereinafter “Products”) made by AblabSrl and marketed by the same through the dedicated area of the website www.andreabarile.it (hereinafter "The Site") following the procedures reported within the same.

For the purposes of these General Conditions, final consumer means any natural person acting for purposes unrelated to any entrepreneurial, commercial, artisanal or professional activity carried out.

The Products are produced and marketed by Ablab Srl with registered office in Via Giacomo Cosmano 63 – Foggia.

For any information relating to these General Conditions and/or purchases made on the basis of the same, interested parties may write an email to info@andreabarile.com

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 must not be considered offers: they simply constitute an invitation to Customers to conclude business by forwarding purchase proposals.

The proposal to purchase the Products is formulated by the Customer when sending the order form in electronic format which 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 also has the right to indicate a shipping location different from that reported when filling in his/her personal data.

Once the order form has been definitively sent, a summary page of the order will be displayed and an email will be sent confirming receipt of the order.

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 Ablab Srl, which reserves, at its sole discretion, the right not to process any order proposal in the event that:
– the data provided by the Customer when completing the order form is 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 AblabLtdwill not be held responsible for changes in the availability of some Products. If only part of the Products ordered are not available and there are no other causes that may legitimize non-acceptance of the order proposal, the Terzo Millennio Ltdwill follow up on the order proposal limited to the Products available upon communication to the Customer and acceptance by the latter.

In the cases indicated above, the AblabLtdwill inform the Customer via email 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 refund the Customer any sums already paid by the latter.

The purchase contract between the Customer and Terzo Millennio Ltdwill end only when the Customer's order is accepted by AblabLtd. In that case, the AblabLtdwill send to the Customer, to the email address provided by the latter, confirmation that the purchase order is being executed.

3. PRICES AND PAYMENT CONDITIONS
3.1. The sales prices of the Products, shipping costs and payment methods are those reported on the Site and are expressed in Euros.

The sales prices of the Products include legal VAT but do not include shipping costs, which will be added to the total amount due.

The Third Millennium Ltdreserves the right to change the prices shown on the Site at any time. Under no circumstances should the AblabLtdmay 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 be made upon confirmation of receipt of the order.

In the event that the AblabLtddo 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 info@andreabarile.com

4. PRODUCT SHIPPING METHODS
4.1. The Products can be collected from Ablab sales pointsLtdor they will be delivered on the basis of the times and with the methods indicated in the delivery service chosen by the Customer from the various options reported 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 they will be 10/15 working days (excluding Saturday/Sunday/holidays), clearly provided that the orders are requested, confirmed and paid no later than from Monday to Wednesday (for Italian territory excluding islands) and from Monday to Tuesday only for islands.

Transport costs are the responsibility of the Customer, and may vary based on the delivery service chosen.

In case of production delays the Customer will be notified by Ablab customer serviceLtd.

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 consumer protection regarding distance contracts", Art 5, paragraph 3 c) the right of withdrawal does not apply to perishable goods as in the case of fresh pastry products supplied by Ablab Srl.

6. PRODUCTS
6.1. The Products illustrated on the Site are original Ablab productsLtd. The characteristics and ingredients of each Product are reported on the Site within each product sheet, where the ingredients are also indicated.

6.2 The Customer undertakes to communicate to AblabLtdby telephone or email the presence of any allergies or pathologies that require particular attention in the creation of the products. In case of failure to communicate, the Customer assumes all relevant health responsibilities.

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 procedure for returning it to the sender with a formal request for reimbursement and/or replacement.

7. DAMAGED OR NON-COMPLIANT PRODUCTS
7.1 In the event that the Customer believes that the Products purchased are damaged or do not comply with their requests according to objective criteria (incorrect image or dedication, product exchange, etc...) they will be able to obtain a refund of the sum paid or replacement of the products:

a) directly at AblabaLtd, which are shown in the list contained on the Site;
b) by writing to info@andreabarile.com

7.2 AblabLtdwill 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 sum paid or to supply a new product according to the indications of the order received, at its own expense.

8. PROTECTION OF PERSONAL DATA
With regards to all 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 legislative decree 6 September 2005 n. 206 (Consumer Code) with specific reference to the legislation regarding distance contracts and the legislative decree of 9 April 2003 n. 70 on certain aspects concerning electronic commerce.

For any dispute relating to the validity, interpretation or execution of these General Conditions of Sale, the territorial jurisdiction lies with the Court of Foggia.

Pursuant to articles 1341 and 1342 of the civil code, the Customer also declares to expressly accept and approve the provisions contained in articles 2 (method of concluding the contract), 3 (prices and payment conditions), 4 (method of shipping the Products); 5 (right of withdrawal); 6 (Products), 8 (protection of personal data), 9 (applicable law and dispute resolution).