Purchasing guide

1. Premises
 
1.1  The present online General Conditions of  Sale (herineafter “GCS”) govern the contract (hereinafter the “CONTRACT”) for the sale of  the products (hereinafter the “PRODUCT” or the “PRODUCTS”) found in the website www.andreatortora.com (hereinafter the “SITE”), which is the property of the company AT Patissier of Andrea Tortora, with legal and administrative headquarters in Chiari (BS) in Via Dei Vetrai, 35 VAT & Tax Code:03020210211 (hereinafter the “CLIENT”).

1.2 The present General Conditions of Sale are applied to the offer of the Products, as defined below, towards consumers (meaning of consumers, according to art.3, par.1, let. A, of the Legislative Decree 6 September 2005 N°.206, persons acting with purposes not referable to any commercial or professional activities carried out), as well as forwarding and acceptance of online purchase orders between the Seller and a consumer. Therefore, the discipline contained in the legislative decree N°.206/2005 is applied, bill Consumer Code and legislative decree N°. 70/2003 referring to electronic commerce.

1.3 The forwarding of a purchase order of one or more PRODUCTS on the SITE by a CUSTOMER, leads to the acceptance of this GCS by the CUSTOMER himself. The Seller invites the customer to carefully read these General Conditions of Sale before proceeding with any purchase on the Website.

1.4 In the present General Conditions of Sale the following terms have the meaning as specified below:

• Contract: sales contract having as its object a Product, which is completed between the consumer and the Seller through a system of sale organized on the Site, to which the following conditions are applied:
• Customer: the final consumer, i.e., the person who acts for a purpose non referable to the commercial or professional activity carried out and is authorized to operate on the Site to purchase the Products, according to the method indicated in these General Conditions of Sale.
• Order Confirmation: definitive summary of the details relating to the Contract, sent to the Customer via electronic mail once payment has been made and the preparation of the order for delivery by the Seller is started (in accordance with the present General Conditions of Sale). The receipt of the Order Confirmation by the Customer constitutes the moment in which the Contract is finalized. In detail, this document contains the list of the Products actually purchased accompanied by their main characteristics, included therein the relative Price. Moreover, it will also contain all the data relating to the delivery, costs and requested method of delivery. In addition, the total cost of the order will be indicated (with and without VAT) and the main information relating to the finalized payment. In short, the document in question will contain the references to the General Conditions of Sale, to the general conditions of use of the Site and the fiscal data of the Seller (denomination, legal status, legal headquarters, registration in the business register, tax code, VAT number and person accountable).
• Order Form: the form on the website is for the insertion and registration of the data of the Customer who means to enter into a contract, and which will be sent electronically to the Seller.
• Price: the contractual amount, inclusive of VAT. Delivery costs are excluded from the Price and determined when all data is inserted.
• Product/s: the articles present in the electronic catalogue published on the Site, as described in the relative product sheets.
• Delivery: phase of treatment and preparation of the products, consequent to the order confirmation, which concludes with the delivery of the package to the courier.
• Delivery/Collection: period running from delivery of package to the courier charged with delivery until arrival at destination; in the event of collection by the customer at collection point in Milan, the period will conclude at the moment the Customer makes the collection.

2. Effectiveness and modification of the GCS
 
2.1  The GCV applicable to the sale of PRODUCTS are those published on the SITE at the date of the order of the PRODUCTS. The CUSTOMER may save on computer/hard drive and print the present CGV, in compliance with the Consumer Code.

2.2  The Seller reserves the right to modify the present General Conditions of Sale at any moment. Any modifications and/or integrations will be in force from the moment of their publication on the SITE and they will be applied to all sales from their publication. The CLIENT is therefore required to periodically verify the publication of the latest GCS.

2.3  Some sales campaigns, on the basis of the specificity of the PRODUCTS, may be subject to particular conditions of sale in addition to the present GCS. Such special conditions if foreseen will be accessible and visible in the section “description” of the specific window through the special link. By buying the PRODUCT of such a sales campaign, the CUSTOMER also accepts the relative special conditions, added to the present GCS.
 
3. Sale and payment procedure
 
3.1 The information contained on the Site regarding the availability of the Products and relative delivery times are purely indicative and in no way binding for the Seller. The offer of  PRODUCTS shown on the SITE is subordinate to their actual availability. The Seller reserves the right to not follow up orders from subjects who do not fall within the definition of Customer, or however orders which do not conform to his own commercial policy. The Seller can in no way be responsible for the temporary unavailability of one or more Products.

3.2  Payment may be made by credit card or bank transfer. In the event of payment by bank transfer, the Seller will communicate via email the bank coordinates for the transfer on receipt of the order. The email may contain the request to send a copy of the receipt of the transfer or the confirmation execution of the same via email. In the event of payment by bank transfer the delivery time of the Product indicated in the Product Sheet and/or on the Site, will become effective from the date of receipt of the transfer by the Seller and not from the date of the transmission of the order, as takes place if other methods of payment are chosen. 
Unless otherwise agreed, only after actual credit of the Total Due Sum, will AT Patissier follow up on the Order received.
The Customer is required to indicate in the reason for the transfer the following data:

• Order number
• Date of order
• Name and surname of the account holder of the order, if different from the current account holder of whoever sent the bank transfer

The Customer must arrange for payment within 2 working days. In default, the Seller reserves the right to cancel the order in the following 5 working days.

3.3 Submission of the Order Form also counts as acceptance of a possible partial delivery, limited to the Products available within the context of those ordered, as well as relinquishing the right to request compensation for this reason. Should the CUSTOMER have already provided payment of the complete Order, the Seller will refund the portion of the Price corresponding to the Products not available according to the methods described below.

3.4  The essential characteristics of the PRODUCTS, included therein the price VAT and delivery costs, can be consulted and known by the CUSTOMER in any moment before conclusion of the CONTRACT and execution of payment. In particular, the essential characteristics of the PRODUCTS are visible by looking at the technical sheet of the PRODUCT itself where AT Patissier of Andrea Tortora will also publish, if possible, the photographs with the only aim to supply a representation of the PRODUCT, together with the description and characteristics of the PRODUCT. On receipt of the purchase order, AT Patissier of Andrea Tortora will transmit the receipt containing a summary of the information relative to the sale to the CUSTOMER and will proceed with the Order fulfilment with delivery within 7 (seven) working days starting from the date of  start of production, starting from collection of the total Sum due as payment, with the exception of deliveries marked as “Personalized Deliveries”, for which the delivery will take place in the period of time indicated at the moment of choice of the relative method by the CUSTOMER.

3.5 The prices indicated on the SITE are not inclusive of taxes or duties applicable in the country of destination of the products and/or services where this is different from Italy. Such costs, different from country to country, will be paid by the CUSTOMER, who is responsible for verifying the amount with the competent customs authorities. 

3.6  In the event of the choice of the “Personalized Delivery”  by the CUSTOMER, the seller undertakes the obligation to start the shipment in the timeframe from Monday to Friday of the chosen week, but does not accept the responsibility regarding delivery times of the products to the destination, as this is attributable to the delivery times of the courier. Likewise, AT Patissier of Andrea Tortora will not be able to guarantee delivery for Christmas Day or Easter Sunday in the event the orders are received after the term of 10 days before Christmas Day or Easter Sunday.

4. Rights and Obligations of the Seller

4.1 AT Patissier di Andrea Tortora, without prejudice to the provisions of the following art.4.2, is committed to sending the PRODUCTS to the address communicated by the CUSTOMER in the Purchase ORDER or, if applicable, through the courier appointed for the delivery of the PRODUCTS themselves.  AT Patissier of Andrea Tortora will not be held responsible for errors in delivery due to inaccuracies or incompleteness in the compilation of the purchase order by the CUSTOMER, by way of example but not exhaustively, errors in indicating the address or the telephone number or for any modifications to the data subsequently made by the CUSTOMER. Moreover, AT Patissier of Andrea Tortora will not be able to be held responsible delays in delivery attributable to the CUSTOMER. Delivery is carried out through express couriers; Post Boxes are not considered valid addresses for delivery purposes. 

4.2 AT Patissier of Andrea Tortora reserves the right to communicate to the CUSTOMER, within 15 days from purchase to the email address associated with the CUSTOMER, any PRODUCTS purchased not which are not available. In this event AT Patissier of Andrea Tortora will make a refund of the price (to the same payment card or bank account  indicated in the purchase). 
Exclusively on proposal by AT Patissier of Andrea Tortora and by prior agreement with the CUSTOMER, AT Patissier of Andrea Tortora will be able to send a different PRODUCT from the one ordered and of equivalent value.

4.3  The prices of the PRODUCTS sold on the SITE include VAT and are prices charged to the public. AT Patissier of Andrea Tortora reserves the right to modify them at any time. The sales price, the Products sold on the Site and/or their characteristics are subject to modification without forewarning. Such modifications are applicable only to orders subsequent to the date of when such modifications come into force. In any case, the Customer is advised to check the final prices before making any order. 

4.4 The Seller is committed to doing everything necessary to respect delivery times, but can in no way be held responsible for damage or inconvenience caused by any delays in delivery attributable to the courier.

4.5. All additional costs, charges, taxes and/or duties payable in a certain Foreign Country, in any capacity, to Products orders according to the General Conditions of  Sale are the exclusive responsibility and borne by the Customer. 

4.6. The Customer acknowledges that he accepts that the lack of knowledge of the costs, taxes and/or charges mentioned in the previous paragraphs 4.3 and 4.5, at the moment of despatch of the order by the Seller, does not constitute just cause for the resolution of the present contract and that such costs may in no way be chargeable to the Seller.

5  Rights and obligations of the CUSTOMER
 
5.1  The CUSTOMER is the sole responsible of the truthfulness and correctness of the information and data supplied to AT Patissier of Andrea Tortora and, in the event of registration, is committed to communicating promptly any variations of the data inserted in the section “My Account” on the SITE.

5.2 The CUSTOMER, upon confirmation of the purchase order:

a) confirms to have read, understood and accepted the GCS;
b) confirms the truthfulness of the data inserted and to be an adult;
c) authorizes AT Patissier of Andrea Tortora the processing of personal data communicated at the time of purchase in accordance with the Privacy Disclaimer.

5.3  The CUSTOMER is committed, once the purchase procedure on the SITE is terminated, to arrange both saving an electronic copy and printed copy of the CONTRACT and of the GCS for the purpose of their conservation, as indicated in the previous art. 2.1.

5.4 A summary of the order and the purchased products will be sent automatically to the CUSTOMER via email on conclusion of the purchase order. The transmission of the Order Form entails on the part of the CUSTOMER the unconditional acceptance and the commitment to observe, in relations with the Seller, the present General Conditions of Sale. The Contract is deemed concluded when the Customer receives the Order Confirmation. The Price may be subject to updates up until the final dispatch of the Order Form. The forwarding of the Order Form involves the confirmation and acceptance of the Price.

5.5 Upon delivery of the PRODUCTS to the CUSTOMER by the courier authorized for their transport, the CUSTOMER will have to check, in the presence of the courier:

a) that the quantity and the typology of the PRODUCTS orders correspond to what is indicated in the transport document; 
b) that the packaging used for the transport is intact, not damaged, wet or in any way adulterated, even in the closing materials;
c) that the quantity and typology of the PRODUCTS delivered correspond to the order.
Any anomalies or discrepancies compared to the order must be contested immediately to the courier on receiving the PRODUCTS, using the special notation in the transport document. Upon delivery of the purchased PRODUCT by the courier, the CUSTOMER must check that the number of packages being delivered correspond to what is shown in the transport document and that the packaging is intact, not damaged, nor wet or in any way altered, even in the closing materials (adhesive tape or metal straps).
d) Once the transport document is signed without reserve, the CUSTOMER will not be able to make any objection to the exterior characteristics of the delivery and the risk of loss or damage of the Products will be transferred to all effects to the CUSTOMER.
e) In the event the products received are damaged, incomplete or inaccurate, the CUSTOMER must photograph the package both outside and inside keeping the label, number, lot and product visible and must open a written dispute including the photographic material to hello@andreatortora.com within 3 days from receipt of the goods. In the absence of photographic material the Seller will not be able to examine the dispute. Likewise, the Seller will not be able to examine any dispute relating to a product thrown away or consumed, in whole or in part or kept in an unsuitable place or exposed to contaminating agents.

5.6  For support or complaints regarding the purchased PRODUCTS, the CUSTOMER can contact AT Patissier of Andrea Tortora at the contact details indicated in the SITE under “CONTACTS”.  It is understood that any damage, delay or inconvenience deriving or attributable to the inaccuracy or untruthfulness of the personal data inserted during the purchase procedure, or anyway subsequently modified, will in no way be attributed to the Seller.

5.7 According to the established terms in article 3.6., the Customer is informed of the fact that in the event of the choice of typology “Personalized Delivery”, the Seller assumes the obligation to start the shipment in the chosen timeframe, while not responding to any delays in delivery attributable to the courier.

5.8 Delivery to a pick-up point
The Customer will have the faculty to receive the Products at one of the pick-up points in the concluding phase of the Purchase Contract. Delivery will be considered completed when the Products are delivered to the pick-up point chosen by the Customer. On the basis of the information given by the Customer in the Purchase Contract and the week chosen as the pick-up window, the products will be available at the  pick-up point according to their opening times. The Products will remain available to the Customer at the pick-up point for a period of 7 calendar days. After this period the Products in object will be returned to AT Patissier. AT Patissier, given the nature of the products, will emit no refund of the sum paid by the Customer.
The Customer will only be able to collect the Products by showing the copy of the order confirmation, together with a valid identity document.  In the absence of this information the package will not be delivered to the Customer.

6. Use of the SITE
 
6.1  AT Patissier di Andrea Tortora assumes no responsibility  with regards to the problems caused by the CUSTOMER from using the SITE or the technologies used as not dependent on his own will, for example:

a) errors, delays or impossibility to access the SITE by the CUSTOMER during the sales procedure;
b) errors, delays or impossibility in receiving, by the CUSTOMER, the communications made by AT Patissier of Andrea Tortora relating to the sale of the PRODUCTS. 

7. Annulment and/or modification of the Order
 
7.1 Once the Order Confirmation has been received it is no longer possible to cancel the order, then to processed shipment. In the event of modification of the order by the CUSTOMER, the latter is aware of that the seller may not be able to guarantee the same delivery times.

7.2 The Seller is not obliged to refund the CUSTOMER for the goods that the latter refuses to pick-up and returns to sender. In the event the CUSTOMER requests once again the refused product, all charges for restitution to sender will be at his expense as well as the charges for the new delivery.

8. Right of Withdrawal

Pending the perishability of the PRODUCTS, it is not possible for the Customer to revoke the purchase.
Given the provisions in art. 59 par.1 letter d) of the Consumer Code, therefore, the CUSTOMER is aware of the fact that since the PRODUCTS risk deterioration or risk rapid expiry the right of withdrawal is excluded as at articles 52 and 58 for remote contracts and contracts negotiated outside commercial premises.
 
9. Products
 
9.1 The presentation images and videos of the PRODUCTS in support of the descriptive information are published on the SITE as examples and merely have a representative function, taking into account that the quality of the images (e.g. in terms of exact visualization of the colours) may depend on the software and IT tools used by the CUSTOMER when connecting to the SITE. The images and colours of the Products offered for sale may however not correspond to the real thing because of the Internet browser or the screen used by the CUSTOMER. It is therefore understood that the Seller is not responsible for any inaccuracies due to malfunction of the means used by the CUSTOMER. The Seller reserves the right to modify the product packaging at any time. The Seller pays the utmost attention to the correspondence between what is described and presented on the Site and what is written on the label on the Product packaging. In any case, where differences are found, the label and the indications for use of the Product supplied with it will always be authentic.  

9.2 In the event of defects of conformity of Products sold by AT Patissier of Andrea Tortora, the Customer must contact Customer Service immediately. The legal guarantees foreseen by articles 129, 130 and 132 of the Consumer Code will be applied at the sale of the products. 

10. Returns
 
10.1  The procedure for returns is opened only following a request to exercise the right of withdrawal by the CUSTOMER. In any case, the Seller will verify the actual existence of the necessary conditions to open the procedure for returns.

10.2 Following the opening of the procedure for returns, the Seller will send an email containing the description of the method of restitution of the Product.

10.3 The shipping costs to return the Product to the warehouse indicated by the Seller are at the expense of the CUSTOMER. The Seller provides the chance to have the product collected by an express courier from the address indicated by the CUSTOMER. The cost varies depending on the Product being returned and the relevant amount will be communicated before the online return procedure is finalized. The cost will be deducted from the total amount of the refund.

10.4 The shipping, until certificate of receipt at the warehouse indicated by the Seller, is the total responsibility of the CUSTOMER. At its arrival at the address indicated by the Seller, the Product will be examined to assess any damage or tampering not arising from transport. If the confection and/or original packaging are ruined, the Seller will arrange to withhold from the due refund a percentage equal to the respective loss of value of the Product.

10.5 The returned package must with no exception contain a copy of the Order Confirmation sent to the email address given by the CUSTOMER or the waybill present on the package when received.
 
11. Applicable law and jurisdiction
 
11.1 The present GCS, their validity, interpretation, and execution are regulated by Italian law.

11.2 For civil controversies in the event the buyer is a private individual who acts for purposes unrelated to the operation of the business or his professional activity, the mandatory territorial jurisdiction lies with the judge of the place of residence or domicile of the consumer, if located in the state territory. In all other cases the exclusive competence will be of the court of Vicenza.
 
12. Modifications and updates

The Seller reserves the right to modify the present General Conditions of Sale at any moment, also taking into account any regulatory changes; any new regulation will take effect at themoment of their publication on the Site and will be applied to the sales that will be carried out from the date of their publication. 

13. Data Protection - Privacy

13.1 The Customer acknowledges and accepts that personal data given with the registration procedure on the Site, the execution and subscription to the Order will be registered and used by the Seller in accordance and subordinately as provided by the Regulation (EU)  2016/679 in the General Data Protection Regulation (“GDPR”), to process each purchase made through the Site and, with your prior consent, as well as every other activity indicated in the Privacy Disclaimer given to the Customer through the Site on registration.

13.2 The Customer declares and guarantees, under his own personal responsibility, that the personal data supplied to the Seller during the registration and purchase process are true and correct.

13.3 It is strictly forbidden for the Customer to insert false and/or inexistant data, and/or use fictitious data in the registration procedure necessary for the execution of the contract, and it is also strictly forbidden to create more than one registration per person or to use third party data to execute the same. AT Patissier will have the right to report to the Competent Authorities and legally prosecute all violations or abuse, in the interest and protection of all the Customers.

13.4 For all further information on the method of treatment of personal data of the Customers please refer to the section Privacy Policy of the Site.

14. Security

14.1 Although the Seller implements all necessary precautions to protect the personal data against loss, falsification, manipulation and improper use by illicit third parties, due to the characteristics and technical limits relating to the protection of electronic communications via Internet, the Seller does not guarantee that the information or data visualized by the Customer on the Site, even after the Customer has supplied the relative access credentials, will not be accessible or visible by unauthorized third parties.

14.2. The Seller is not responsible for any fraudulent or illicit use that may be made by third parties, of credit cards or other methods of payment during the procedure of payment of the purchased Products. At no point during the purchase procedure does AT Patissier come to know or is able to log into the Customer’s credit card number, which is sent via protected connection directly to the banking service provider.

15. Non-compliance due to force majeure
 
15.1 The Seller will not be held responsible in the event of total or partial non-compliance of the obligations foreseen by the stipulated contract in compliance with the present General Conditions of Sale, if such non-compliance is caused and/or depends on unforeseeable and/or natural events beyond his reasonable control, including, purely as an example, natural disasters, acts of terrorism, wars, riots, lack of electricity, general strike of public and/or workers or strikes that limit the operation of the couriers and the flight connections and similar.

In accordance with articles 1341 and 1342 c.c., as well as 33 and subsequent of the Consumer Code, the Customer expressly states that he has viewed, understood and to expressly accepted the following articles of these General Conditions of Sale:

art. 3 sale and payment procedure;
art. 4 rights and obligations of the seller; 
Art. 5 rights and obligations of the Customer;
art. 7 Annulment and modifications to the order;
art. 8 Right of withdrawal;
art. 9 Products;
art. 10 Returns;
art. 11. Applicable law and solution of controversies;
art.12 Modifications and updates;
14 Security
15 Non-compliance due to force majeure.


Times and delivery costs