TERMS AND CONDITIONS OF SALE PASTICCERIA SIRAGUSA
These Terms of Sale have as their object the purchase of non- perishable products, carried out remotely through the “pasticceriasiragusa.com” website, VAT no. 06391720825, with registered office in Prizzi, SS. 118 Bivio Filaga, owned and managed by Zimmardi Mario, born in Venaria on 18/06/1973 (tax code ZMMMRA73H18L727V). Each purchase transaction will be governed by the Consumer Code adopted with Legislative Decree no. 206/2005 and ss. mm. ii and, as regards the protection of confidentially, it will be subject to the legislation referred to in Legislative Decree no. 196/2003 (so- called Privacy code)
The order sent by the Customer has the value of a contractual proposal and the Customer explicitly states that he has complete knowledge and fully accepts these Terms and Conditions of Sale:
The prices of the goods availabe for purchase on the “pasticceriasiragusa.com” website are indicated in detail as final prices. The contract between “pasticceriasiragusa.com” and the Customer is therefore finalized upon actual payment of the final price resulting from the order confirmation, including all ancillary charges. Once the order and payment have been made, the Customer will receive- at the e-mail address indicated at the time of registration- appropriate confirmation of the correct execution of the operation.
The Customer can only purchase the products in the electronic catalog of “pasticceriasiragusa.com” at the time of placing the order, illustrated in detail and described in the relevant information sheets. It is understood that the image of a product may not be perfectly representative of its characteristics but differ in color and size. The publication of the products on the site constitutes an invitation to the customer to formulate a contractual purchase proposal to Pasticceria Siragusa and is subject to the rules of the current civil code regarding offers to the public. Correct receipt of the Client’s proposal is confirmed by Pasticceria Siragusa by means of an e-mail reply, automatically sent to the e-mail adress supplied by the Client. This confirmation message will contain an ‘Order Number’, to be used for any further communication with “Pasticceria Siragusa”. The message re- proposes all the data entered by Customer who undertakes to verify its correctness and to promptly communicate any corrections, according to the methods described in this document. Each Purchase Agreement stipulated between “Pasticceria Siragusa” and the Customer must be considered concluded with the acceptance of the order by Pasticceria Siragusa. Pasticceria Siragusa has the right to accept or not the order sent by the Customer, without the latter being able to advance rights of any kind in the event of non- acceptance of the order. In the event of non- acceptance of the order, Pasticceria Siragusa guarantees timely communication to the Customer, at the contact details provided by the same and the refund of any amounts paid. Any right of the Customer to compensation for damages or compensation is excluded, as well as any contractual or extra- contractual liability for direct or indirect damages to persons and/or things, caused by the non acceptance, even partial of an order.
The “Pasticceria Siragusa” site indicates the products that are available for shipment. The Customer acknowledges that, due to the possible simultaneous access to the site by multiple users, the actual availability of individual products may vary significantly during the same day with respect to the indications given on the site. Any discount codes cannot be combined.
The order of non perishable products will be processed as soon as possile, compatibly with stock availability.
The minimum unit accepted for the order is the single package. For special requests, the Customer is required to send an e-mail to:
3. METHOD OF PAYMENT AND SHIPPING COSTS:
The payment methods accepted are Paypal and credit card. Shipping costs vary according to the weight of the goods purchased and the destination location.
4. SHIPMENTS AND DELIVERIES:
The modes of transport currently used are: SDA express courier, UPS express courier
4.1 Characteristics and timing of the modes of transport:
•SDA express courier 2-3 working days national territory;
•UPS express courier 2-3 working days national territory;
•UPS express courier 8-10 working days European territory;
The times indicated for the shipment of orders are estimates calculated under normal conditions of order processing and transport. These times are susceptible to any changes/ delays especially if related to products managed directly involved in the order life cycle. In the presence of a shipment that cannot take place on schedule, the Customer will be kept updated on the existing delay and, if possible, we will be able to evaluate the possibility of breaking the order into several shipments by receiving the goods already available without any burden to the customer or wait for the complete availability of the ordered goods.
“Pasticceria Siragusa” will deliver the non- perishable products, exclusively on the national territory, generally within 3-5 working days, from the time of receipt of payment, to the adress indicated by courier. Deliveries will be at the risk of Pasticceria Siragusa until the time of delivery of the products to the shipper or carrier responsible for delivery. The Customer agrees to receive the order even within 30 days of receipt of the order by Pasticceria Siragusa, without this being considered a contractual breach. The aforementioned delivery times refer to the goods in stock at the time of the purchase order.
Pursuant to art. 1510, paragraph 2, of the Italian Civil Code, Pasticceria Siragusa frees itself from the obligations deriving from the delivery of the goods when it delivers the goods to the chosen forwarder. Pursuant to art. 1465 of the Italian Civil Code the buyer is obliged to pay the price in the case of the goods purchased, even in the event of perishing for reasons not attributable to Pasticceria Siragusa, such as- for example- in the event of loss or damage to the shipment. Since, however, the contract regulated by these clauses is concluded at a distance or- in any case- it is specified that the transfer of the risk to the accipient for the deterioration or damage of the goods takes place only when the latter physically comes into possession of the purchased good or, in other words, where you accept the delivery, materially entering into possession of the goods (see art. 63 of the Consumer Code and Illustrative Report of the same).
If on the other hand, it is the accipient who choses the carrier, the above mentioned risk is transferred to the same, already at the time of delivery of the goods to the shipper, provided that this choice has not been proposed by the accipient, without prejudice to the consumer’s rights against the carrier.
The Customer acknowledges that, due to the possible simultaneous access to the site by mutiple users, the actual availability of individual products may vary significantly during the same day with respect to the indications given on the site. In case of exhaustion of the availability of a product, no responsibility can be charged to “Pasticceria Siragusa”. Delivery means street level. In order to deliver the ordered products, the presence of the Customer or his representative is always required in the same place indicated and on the day scheduled for delivery. Pasticceria Siragusa is not liable for non- delivery of goods to a person other than the final recipient if the same occurred to a person appointed by the latter.
At the time of delivery of the products by the courier, the Customer is required to check that the number of packages delivered corresponds to what is indicated in the transport document and that the packaging is intact, not damaged or in any case not altered, checking- with particular care- the presence of any signs that indicate the breakage of the goods sent, such as, for example, the presence of leaked liquids and/or the presence of umidity on the package. Any damage to the packaging and/ or the mismatch in the number of packages with the order placed must be immediately reported to the courier by the Customer. This must declare, in writing, to the person in charge of delivering products, that they are accepted with “content verification reserve”. The Customer also undertakes to promptly report, and in any case no later than 14 days from the date of delivery, to “Pasticceria Siragusa”, using the appropriate complaint form on the site, any defect inherent the physical integrity, correspondance and/or completeness of the products received. It is possible to indicate a destination for the goods other than that of the billing address. If the different destination does not appear in the order confirmation, due to an error, or is subsequently requested by the customer, it will be necessary to request the reissue of the corrected order confirmation to be sure that during the order fulfillment phase respected the alternative address. In the event that, for any reason, the delivery adress other than the billing address should not appear on the order confirmation and the customer does not request the correction and consequent reissue of the confirmation, delivery will be made to the address billing declining Pasticceria Siragusa from any responsability for everything that might derive from it.
4.2 Warning for international shipments
Shipping abroad may involve additional customs costs, taxes, etc. which are not calculated in the total purchase price of the single product and which will- therefore- be calculated on a case -by- case basis.
Countries to which the shipment is made:
For each order, which effectively constitutes a Purchase Agreement, “Pasticceria Siragusa” will issue- upon payment- and upon specific request of the Customer, an invoice relating to the products that will be shipped. The invoice will be sent in pdf format, attached to a specific e-mail that the Customer will receive after the confirmation of receipt of the order.
The information provided by the Customer during registration will be the same used for issuing the invoice. The Customer assumes all responsability for the correctness of the aforementioned information. No change in the invoice will be possible after it has been issued. It is possible for the Customer to indicate a billing address other than that of delivery of the goods and products purchased.
It is without prejudice to the option that for some orders, without prejudice to the obligation of shipping to the customer by Pasticceria Siragusa, the invoice is issued directly to the manufacturer of the individual goods and/or services purchased. In this case, Pasticceria Siragusa undertakes to forward the tax document to the customer.
In such cases, the customer/ consumer data will be managed and processed by the individual producer in compliance with the provisions of the relevant legislation and the Privacy Code.
6. RIGHT OF WITHDRAWAL
Pursuant to art. 64 d. lgs. N. 206/05 and subsequent amendments (so- called Consumer Code), the Customer, if he operates as a consumer pursuant to the aforementioned regulatory text, has the possibility to exercise the right of withdrawal, without specifying the reason, within 14 working days from delivery of the goods. To this end, he must send a registered letter with return receipt to the adress of the registered office of addiopizzostore.com, located in Prizzi, SS. 118 Bivio Filaga- Cap 90038. The aforementioned term of 14 days within which the Customer can exercise this right, as mentioned, runs from the day of receipt of the product. Pasticceria Siragusa, in case of exercise of the right of withdrawal by the Customer, it will refund the purchase price upon receipt of the goods at the registered office and it is understood that the shipping/return costs are charged to the Customer.
The legal guarantees provided for in articles 129, 130 and 132 of the Customer Code apply to the sale of non perishable Products. The Customer has the right, at his choice and on condition that the type of Product allows it, to restore, without charge, the conformity of the Product by repair or replacement or to an adequate price reduction or termination of the contract. The Customer looses this rights if he does not report the lack of conformity to Pasticceria Siragusa within 14 days from the date on which he discovered it, provided that it is not a Product which by its nature is perishable or subject to expiration within a shorter period, in which case the defect must be reported within this shortened term or within the expire date. In this case, the Customer will report any defect and/ or discrepancy found to addiopizzostore.com through the complaint form on the site and this will then forward the report received to the manufacturer, who will be the only responsible for the aforementioned defects and/or discrepancy.
The Products must be returned intact, inserted in their original packaging complete in all its parts and with adequate external packaging carefully sealed within 14 days from the notice of withdrawal.
Transport costs for returns remain the responsability of the customer, except in cases where the product does not conform to what was ordered or damaged.
Pasticceria Siragusa will reimburse the Customer- Consumer for the full amount paid for the Products purchased within 14 days of receipt of the goods using the Paypal channel which is the only payment instrument that can be used for this purpose. In accordance with the provisions of art. 59 d.l.n. 152/05 regarding the right of withdrawal, this is excluded in the case of goods that are likely to deteriorate or sealed goods that cannot be returned for sanitary reasons. Beyond compliance with current regulations, Pasticceria Siragusa is interested in maintaining an ongoing relationship with each of its customers, so it guarantees the utmost attention to the discussion of any complaints presented. In order to facilitate the preparation and submission of the aforementioned complaints, in compliance with current legislation, Pasticceria Siragusa will provide customers with a specific complaint form to be used for each report and accessible from a specific section on site.
7. CUSTOMERS COMMITMENTS
These conditions of sale must be examinated online and accepted by customers visiting the “pasticceriasiragusa.com” site before they execute their purchase orders.
8. ADDIOPIZZOSTORE LIABILITY
Pasticceria Siragusa assumes no responsability if, due to inefficiencies attributable to cases of force majeure of any nature and kind, it fails to execute- within the agreed time- the contract. Acts of force majeure, by way of example and not exhaustive, are the provisions of the Pubblic Authority, the general or non- general strike of its employees or of the carriers used by Pasticceria Siragusa, as well as any other circumstance that is outside the control of the latter. Pasticceria Siragusa- moreover-expressly declares to adhere to the Code of Conduct adopted by the European Commission and the Ministry of Productive Activities.
9. PROCESSING OF PERSONAL DATA AND BACK UP SENSITIVE DATA
9.1 Information pursuant to art. 13 Legislative Decree n 196/03
Pasticceria Siragusa and the individual producer in the event that, as provided for in point 5, the order is sent directly to the latter, pursuant to Legislative Decree 196/2003 ( the so-called “Personal data protection code”). Will process the personal data of the Customers- of which they will become aware on the occasion of the conclusion of the individual purchase contracts, in compliance with the principles of correctness, lawfulness, transparency and protection of the confidentiality of the Customers and his rights. Pursuant to Article 13 of Legislative Decree 196/2003, therefore, Pasticceria Siragusa and the individual producer (in the event that the direct order method referred to in point 5 is used) specify that:
•The data provided by the Customer will be handled manually and electronically to fulfill obligations deriving from contractual obligations. The provision of data is optional but any refusal to provide such data could result in the partial or total impossibility or providing our services;
•The data will be processed by internal staff with commercial or administrative duties and may be disclosed to third parties for the completion of mandatory obligations or for the execution of certain services such as shipping and other managements.
•Since the addiopizzostore.com site uses profiling cookies, with the consent of the Customer the data may be used for purpose other than for information and commercial promotion of own or third party products and/ or services, as well as surveys on the satisfaction of quality of those already received and market research by e-mail.
•The data controller is the right act of designation of personal Data Protection Officer (RDP) pursuant to art. 37 EU Regulation no. 2016/679, Mr. Zimmardi Mario, born in Venaria Reale on 18/06/1973 (tax code ZMMMRA73H18L727V) and residing there in C.Da Roccuzzo, snc, who undertakes to operate in compliance with the obligations set out in Legislative Decree no. 196/03;
•In case of direct order to the manufacturer pursuant to art. 5 of these Terms and conditions of sale- the data controller will be the person that the individual producer will have, in turn, designated on the basis of the aforementioned art. 37 EU Reg. no. 2016/679 and, at the customer’s request, to be sent by e-mail to firstname.lastname@example.org, Pasticceria Siragusa undertakes to provide the relevant name.
The Customer may, at any time, exercise the rights provided for by current legislation towards the data controller, with particular reference to those provided for by art. 7 of Legislative Decree 196/2003 or:
•The right to obtain from the owner confirmation of the existence or otherwise of their personal data and communication of the same in an intelligible form;
•The right to request cancellation, transformation into anonymous form or blocking of data processed in violation of the law;
•The right to request the updating, rectification, integration of the data provided or to oppose the processing itself.
The Customer will exercise these rights by forwarding his requests to the Data Processor, Mr. Mario Zimmardi, available at the e-mail address: email@example.com. If the order is forwarded directly to the customer,he will exercise these rights towards the indicated subject and in the manner that Pasticceria Siragusa, upon request to the individual producer, undertakes, to make known.
9.1 SENSITIVE DATA PROCESSING
The sensitive data of each customer of which Pasticceria Siragusa will become aware, will be the subject of back- up activities by Mr. Mario Zimmardi and kept in such a way as to guarantee the possibility of consultation at the request of the interested party, at any time. In this regard, Pasticceria Siragusa undertakes to make and keep a copy of the aforementioned data by Mr. Mario Zimmardi, at its headquarters in Prizzi. The same obligation will be borne by the manufacturer, in the event that the order is placed directly with the latter, pursuant to the aforementioned art.5.
9.2 USE OF THE COOKIE
Competent to decide on disputes, that may arise from this contract, will be exclusively the Court of Palermo that the parties indicate as the exclusive and mandatory forum. It is- in any case- without prejudice to the possibility of the parties to submit the resolution of any disputes to the appropriate resolution bodies of the same which operate electronically.