Scope of application
Any sale on the Website constitutes a distance contract governed by Chapter I°, Title III° (Articles 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.
The General Conditions of Sale apply to all sales made by the Seller on the Site. The terms indicated are intended as working days, therefore excluding Saturdays, Sundays and national holidays.
The General 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 Website regularly and to consult the most up-to-date version of the General Terms and Conditions of Sale before making any purchase.
The applicable General Terms and Conditions of Sale are those in force on the date the purchase order is sent.
These General Conditions of Sale do not govern the sale of products and/or services by parties other than the Vendor that may be present on the Site via links, banners or other hypertext links. Before carrying out commercial transactions with such entities, it is necessary to check their conditions of sale. The Seller is not responsible for the provision of services and/or the sale of products by such parties. The Seller does not control and/or monitor the websites that can be consulted via these links. 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.
You are required to carefully read these General Terms and Conditions of Sale as well as all other information that the Seller provides on the Site.
Submission of the purchase order constitutes acceptance of these General Terms and Conditions of Sale.
Purchases on the Site
is allowed both to users who are consumers and to users who are professionals. Pursuant to art. 3, paragraph I, lett. a) of the Consumers' Code it is recalled that the quality of consumer is held by the natural person acting for purposes unrelated to the entrepreneurial, commercial, professional or craft activity carried out; while pursuant to art. 3, paragraph I, lett. c) of the Consumers' Code, the quality of professional is held by the natural person or legal entity acting in the exercise of its entrepreneurial, commercial, craft or professional activity, or its intermediary.
In the event of orders, from whomever they come from, that are anomalous in relation to the quantity and/or frequency of purchases, the Seller reserves the right to take all necessary action to put an end to the irregularities.
The Seller reserves the right to refuse or cancel orders that come from
from a user with whom the Seller is in legal dispute
a user who has previously breached the General Conditions of Sale
a user who has been involved in a criminal offence
from a user who has provided false, incomplete or inexact identification data, or who has failed to promptly send the Seller the documents requested by the same or who has sent it invalid documents.
Before purchasing any food product offered for sale on the Website, you are requested to inform the Seller if you suffer from any type of allergy, intolerance or food intolerance. If you fail to do so, the Seller shall not be liable in any way for any damage that you may suffer from the purchase of food products on the Site.
ORDER
Given the perishable nature of the products offered, consumers do not have the right to revoke their purchase. The Customer must select the products he/she wishes to purchase and specify the quantity and weight (where available). The products will be automatically added to the Customer's basket. The Customer shall fill in all the required fields with his data, and the shipping address if different from his personal data. The Customer accepts that the entry of these two identifiers is considered proof of his identity and his acceptance of these general terms and conditions of sale. At any time, the Customer can obtain a summary of the products he has selected by clicking on "shopping cart" and correct any data entry errors by clicking on the "quantity" or "delete" icon and finish his order by clicking on "continue order". By clicking on "Place order" and accepting these "Terms and conditions of sale" by ticking the appropriate box, the Customer finalises his order. The order is registered and the sale becomes final. The Customer can no longer correct any data errors in his order. The confirmation e-mail sent by the Seller to the Customer concludes the contract and implies the Customer's unconditional acceptance of these terms and conditions. The details of the order are indicated in the confirmation e-mail.
The order form shall be kept on the seller's electronic register, stored on a reliable and durable medium, and shall be considered as proof of the contractual relationship between the parties. It also provides proof of the availability and price of the items. Automatic recording systems are considered as valid proof of the nature, content and date of the order. The sale will not be concluded until the order confirmation has been sent by e-mail to the Customer.
The Seller reserves the right to subject the order to different and further, to suspend or refuse, if the data provided are incorrect, if the Customer has not paid the balance of previous orders, or for any other reason and title that the Seller may consider.
Orders are not final until they have been confirmed by the Customer's payment of the price.
Information directed to the conclusion of the contract
In accordance with the Legislative Decree of 9 April 2003, No. 70 laying down provisions on electronic commerce, the Seller informs you that:
in order to conclude a purchase contract on the Website, you must fill out an electronic order form and send it electronically to the Seller, following the instructions that will appear on the Website 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 Seller shall send you an order confirmation to the email address you have provided, containing
information on the characteristics of the purchase
an indication of the price.
Availability of Products
The Products offered on the Site are limited in number. It may therefore happen, also due to the possibility that several users purchase the same Product at the same time, that the Product ordered is no longer available after the transmission of the purchase order.
The Site contains information on the availability of each Product.
You will be informed if the Product ordered is unavailable. In this case you shall have the right to terminate the purchase contract pursuant to and for the purposes of the provisions of Article 61, fourth and fifth paragraph, of the Consumer Code.
Alternatively, you may accept
if a restocking is possible, an extension of the delivery period, offered by the Seller, with an indication of the new delivery period
if no restocking is possible, the Seller will supply a different product of equivalent or higher value, subject to payment, in the latter case, of the difference, and to your express acceptance.
If you request a refund of the amount paid for the purchase of Products that are no longer available, the Seller will make the refund within a maximum period of 15 days.
In the event that you exercise the right to terminate the contract pursuant to Article 61, paragraphs IV and V, of the Consumer Code, the contract shall be terminated; in the event that the payment of the total amount due, consisting of the price of the Product, shipping costs, if any, and any other additional cost, as resulting from the order (Total Amount Due) has already been made, the Seller shall refund the Total Amount Due in accordance with the provisions of the article "Payment Methods".
Information sheet
Each product is accompanied by an information page that illustrates its main characteristics (Information Sheet). The images and descriptions on the Website reproduce as faithfully as possible the characteristics of the Products. The colours of the Products, however, may differ from the real ones due to the settings of the computer systems or computers you use to view them. In addition, the Product images in the Information Sheet may differ in size or in relation to any accessory products. Such images must therefore be understood as indicative and within the tolerances of use.
Prices
All prices of the Products published on the Site are inclusive of Value Added Tax.
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 one indicated on the Site at the time the order is placed and that no account will be taken of any variations (upwards or downwards) subsequent to the transmission of the order.
Shipping costs, if any, are expressly and separately indicated on the order form, before the user proceeds to transmit it.
Purchase Orders
The Seller will dispatch the Products only after receiving confirmation of the authorization to pay 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 due to causes not attributable to the Seller shall pass to you when you or a third party appointed by you 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 submitting your purchase order, it is established that you have not paid all or part of the Total Amount Due.
The purchase contract is terminated if you fail to pay the Total Due Amount. Unless otherwise agreed with you in writing, the order shall be cancelled accordingly.
In order to send a purchase order, you must read and approve these General Terms and Conditions of Sale by checking the appropriate box on the purchase process pages.
Failure to accept these General Terms and Conditions of Sale makes it impossible to make purchases on the Site.
Payment methods
The https://www.andreatortora.com website is governed by Italian law and the products offered for sale are shipped from Italy. Invoices are drawn up in Euros.
The Vendor accepts the following payment method: UniCredit
The payment through UniCredit will be made in favour of AT Pâtissier di Tortora Andrea. UniCredit allows payments by credit card or prepaid card through the service. The payment channels accepted by UniCredit are Visa, Visa Electron, V PAY, Mastercard, Maestro, MasterPass and BANCOMAT Pay. At the conclusion of the order, the Customer is directed to the UniCredit page. The amount of the order is debited from the selected credit card. In case of cancellation of the order, either by the Customer or in case of non-acceptance by us, the amount will be refunded to the selected credit card within the third day following the cancellation of the order. Any delays in the release of the amounts will depend exclusively on the UniCredit system.
The debit will be made only after (I) the data of your payment card used for payment has been verified and (II) the issuer of the payment card used by you has issued the debit authorisation.
Confidential payment card data (card number, holder, expiry date, security code) are encrypted and transmitted directly to the payment service provider 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.
The charge will be made at the time of transmission of the order.
For each transaction carried out the Customer will receive a confirmation email from UniCredit.
Delivery of the Products
The shipping costs are indicated from time to time on the Site and/or in the Product Sheet.
For the correct handling of deliveries, please check that the contact details are correct. We entrust the shipments to couriers known to be reliable for the delivery in the indicated times, it can happen however, especially during the holiday periods, that the shipments can be delayed. Andrea Tortora is not responsible for possible delays in the delivery due to incomplete/erroneous/varied address or for delays by the couriers.
It is up to you to check the condition of the Product delivered. Without prejudice to the fact that the risk of loss of or damage to 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 take 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 evident 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.
From the date the order is sent, the Products will be delivered within 30 days and, in any case, within thirty days from the date of conclusion of the contract.
Right of withdrawal
In the event of purchase on the Site, unless otherwise indicated, you do not enjoy the right of withdrawal provided for by Article 52 of the Consumer Code with reference to the Product or Products indicated in this article. In fact, on the Site are: sold goods that are likely to deteriorate or expire rapidly, sold sealed goods that are not suitable to be returned for reasons of hygiene or health protection.
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 (Legal Guarantee).
To whom it applies
The Legal Warranty is reserved for consumers. It therefore applies only to users who have made a purchase on the Site for purposes unrelated to their entrepreneurial, commercial, craft or professional activity.
When it applies
The Seller is liable to the consumer for any lack of conformity of the Product and which becomes apparent within two weeks of such delivery. The lack of conformity must be reported to the Seller, under penalty of forfeiture of the warranty.
Unless proved otherwise, it shall be assumed that the lack of conformity which becomes apparent within two weeks from the delivery of the Product already existed on that date, unless such assumption is incompatible with the nature of the Product or the nature of the lack of conformity. As from the third week following the delivery of the Product, it shall be the consumer's burden to prove that the conformity defect already existed at the time of the 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, as well as photographic material proving non-compliance. It is therefore appropriate for the consumer, for the purposes of this proof, to keep the purchase invoice or any other document that can attest to the date of the purchase (e.g. the payment card statement) and the date of delivery.
In the event of termination of the contract, the Seller shall refund 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 will refund the amount of the reduction, previously agreed 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 for any damage, of any nature whatsoever, resulting from the use of the Product in an improper manner and/or not in accordance with the instructions provided by the manufacturer, as well as for damage resulting from unforeseeable circumstances or force majeure.
If you made the purchase as a "professional" within the meaning of the Consumer Code, the previous paragraphs of this article shall not apply. The legal guarantee provided for by art. 1490 of the Italian Civil Code shall apply to your purchase on the Site.
Applicable law and competent court; out-of-court settlement of disputes - Alternative Dispute Resolution/Online Dispute Resolution
Purchase contracts concluded through the Site are governed by Italian law. This is without prejudice to the application to consumer users who do not have their habitual residence in Italy of any more favourable and mandatory provisions provided for by the law of the country in which they have their habitual residence.
Please note that in the case of consumer users, any dispute relating to the application, execution and interpretation of this document shall be settled by the court of the place where the user resides or has elected domicile. In the case of professional users, any dispute relating to the application, execution and interpretation of this document shall be settled by the Court of the place where the Seller has its registered office, in accordance with the provisions of Article 1 above.
Pursuant to art. 141-sexies, paragraph 3 of the Consumer Code, the Seller shall inform the user who has the status of consumer pursuant to art. 3, paragraph 1, lett. a) of the Consumer Code, that, in the event that he/she has submitted a complaint directly to the Seller, following which it has not been possible to resolve the dispute thus arising, the Seller shall provide information on the Alternative Dispute Resolution body or bodies for the out-of-court resolution of disputes relating to obligations arising from a contract concluded on the basis of these General Sales Conditions (ADR bodies, as indicated in Articles 141-bis et seq. of the Consumer Code), specifying whether or not he/she intends to use such bodies to resolve the dispute.
The Seller also informs the user who has the status of consumer pursuant to art. 3, paragraph 1, letter a) of the Consumer Code that a European platform has been established for the online resolution of consumer disputes (so-called ODR platform). The ODR platform can be consulted at the following address http://ec.europa.eu/consumers/odr/; through the ODR platform the consumer user can consult the list of ADR bodies, find the link to the website of each of them and initiate an on-line dispute resolution procedure for the dispute in which he is involved.
In any event, the consumer user's right to bring an action before the ordinary judge with jurisdiction over the dispute arising from these General Terms and Conditions of Sale is unaffected, whatever the outcome of the out-of-court settlement of disputes relating to consumer relations through recourse to the procedures set out in Part V, Title II-bis of the Consumer Code.
Users residing in a member state of the European Union other than Italy may also have access, for any dispute relating to the application, execution and interpretation of these General Terms and Conditions of Sale, to the European procedure established for small claims, by Council Regulation (EC) No 861/2007 of 11 July 2007, provided that the value of the dispute does not exceed, excluding interest, fees and expenses, Euro 2,000.00. The text of the regulation can be found at www.eur-lex.europa.eu.
Customer service and complaints
You can request information, send communications, request assistance or make complaints by contacting the Seller in the following ways:
by filling in and sending the form available at hello@andreatortora.com.
The Seller will respond to complaints within 5 days of receipt.
Various
The date of delivery of the Product is estimated during the purchase process, the Seller will make every effort to respect the date estimated by the Site, which is however indicative.