Terms and conditions of sale
1. Purpose of this document
1.1) These General Terms and Conditions of Sale (hereinafter “General Conditions”) are intended to regulate the sale to consumers (hereinafter “Customers”) of pastry products (hereinafter “Products”) made by Antica Pasticceria Milano S.r.l. (hereinafter “Antica Pasticceria”) and marketed by Bar Milano srl in the dedicated area of the website https://pasticceriamilanosrl.it/shop-online/ (hereinafter “The Site”) following the procedures set out within it.
1.2) For the purposes of these General Conditions, a final customer/consumer is defined as: a natural person acting for purposes unrelated to any entrepreneurial, commercial, artisanal, or professional activity carried out (Art. 3, paragraph I, letter a) and Art. 45, paragraph I, letter a) of Legislative Decree). 205/2006).
1.3) The Products for sale on this website are placed on the market by Bar Milano Srl with registered office at viale Verbano 101, 21026 Gavirate (VA), VAT number 03502760121.
1.4) For any information regarding these General Conditions and/or purchases made based on them, interested parties can write an email to info@pasticceriamilanosrl.it
2. How the contract is concluded
2.1) All information contained in the e-commerce area of the site https://pasticceriamilanosrl.it/shop-online/ must not and cannot be considered offers to the public pursuant to Art. 1336 of the Civil Code: they simply constitute an invitation to Customers to conduct business and enter into contracts by submitting purchase proposals. By sending a purchase proposal, the Customer declares that they have read all the information provided and fully accept the applied General Terms and Conditions of Sale.
2.2) The proposal to purchase Products is made by the Customer when sending the electronic order form, which the Customer must fill out and confirm on the order summary screen.
2.3) The Customer has the option to indicate a shipping address different from the one provided in their personal details.
2.4) Once the order form has been definitively sent, an order summary page will be displayed and an email confirming receipt of the order will be sent.
2.5) By sending the order form, the Customer accepts that any purchase contract will be governed by these General Conditions.
2.6) The contract is considered concluded upon acceptance by Bar Milano srl of the purchase proposal made by the Customer, except as provided and stated below. The contract will therefore be deemed finalized at the registered office of Bar Milano srl. Acceptance may also occur tacitly through conclusive actions, by Bar Milano srl sending the goods ordered by the Customer.
2.7) All orders are subject to acceptance by Bar Milano srl, which reserves the right, at its sole discretion, not to finalize the order proposal if, for example:
- the data provided by the Customer when filling out the order form is incomplete or incorrect;
- the Customer does not qualify as a final consumer or does not meet the requirements to process the payment conditions.
2.8) In the cases indicated above, Bar Milano srl will 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 cannot be considered concluded. In such cases, Bar Milano srl will refund the Customer any sums already paid by the latter.
2.9) Any right of the Customer to compensation or indemnity is excluded, as well as any contractual or extra-contractual liability for direct or indirect damage to persons and/or property caused by the non-acceptance, even partial, of an order.
3. Prices and payment terms
3.1) The sale prices of the Products and the payment methods are those shown on the Site and are expressed in Euros.
3.2) The sale prices of the Products include statutory VAT.
3.3) Shipping in Italy: €10. Shipping is free for orders over €100.
Special cases:
- shipping to European Union countries: €20.00
- for shipping to countries outside the European Union, it is necessary to place an order by writing to the email address: info@pasticceriamilanosrl.it
3.3) Bar Milano srl reserves the right to change the prices shown on the Site at any time.
Under no circumstances can Bar Milano srl be held responsible for any price variations.
4. Product shipping methods
4.1) Products will be delivered based on the times and methods set out in the delivery service.
4.2) In case of production delays, the Customer will be promptly notified by Bar Milano srl customer service.
4.3) Shipments are made throughout Italy and to European Union countries. In any case, the contract will be considered concluded in Italy, even if the proposal comes from a Customer in another country.
4.4) Risks relating to the Products pass to the Customer at the time the Products are delivered to the courier.
5. Right of withdrawal
5.1) Pursuant to and for the purposes of Art. 59, paragraph I, letter d) of Legislative Decree 206/2005, the right of withdrawal does not apply to the sale of products marketed by Bar Milano srl, as these are goods that are liable to deteriorate or expire rapidly.
6. Products
6.1) The Products illustrated on the Site are original Bar Milano srl products. The characteristics and ingredients of each Product are listed on the Site within each product sheet, where allergens are also indicated; however, the colors of the same may not correspond to the real ones due to the internet browser and monitor used and natural variations in raw materials. Images are therefore to be considered purely illustrative.
6.2) The Customer agrees to communicate to Bar Milano srl by telephone or email the presence of any allergies or conditions that require special attention in the making of the products. In the absence of communication, the Customer assumes all health responsibilities for the case.
The Customer agrees to check the integrity of the packaging and the conformity of the product in front of the shop manager in case of pickup at the point of sale, or in front of the Courier in case of home delivery. If the packaging is visibly damaged, the Customer agrees not to accept it, leaving it in the shop or returning it to the Courier and, in both cases, activating the refund/replacement procedure.
7. Damaged or non-conforming products
7.1) If the Customer believes that the purchased Products are damaged or do not conform to their requests according to objective criteria (product swap, etc.), they can obtain a refund of the amount paid or a replacement of the products:
- directly at the Bar Milano srl point of sale in Gavirate, viale Verbano 101;
- by calling 0332 732400 or writing to info@pasticceriamilanosrl.it
7.2) Bar Milano srl will carefully examine the returned Product and, once the lack of integrity or non-conformity of the product is established, agrees, in agreement with the Customer/consumer, to provide a refund of the amount paid or to provide a new product according to the original order details, at its own expense.
8. Protection of personal data
Regarding all obligations related to the collection and processing of the Customer’s personal data and the relative purposes, please refer to the specific privacy policy contained on the Site.
9. Applicable law and dispute resolution
9.1) The General Terms and Conditions of Sale are governed by Italian law and in particular by Legislative Decree No. 206 of September 6, 2005 (Consumer Code) with specific reference to the legislation on distance contracts and by Legislative Decree No. 70 of April 9, 2003 on certain aspects concerning electronic commerce.
9.2) For any dispute relating to the validity, interpretation, or execution of these General Terms and Conditions of Sale, the territorial jurisdiction lies with the Court of Varese.
9.3) If you are a European consumer, you should be aware that the European Commission has made a tool for alternative dispute resolution available to all residents in Europe. To access the platform, click here (https://ec.europa.eu/consumers/odr/main/index.cfmevent=main.home.chooseLanguage).
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 (how the contract is concluded), 3 (prices and payment terms), 4 (product shipping methods), 5 (right of withdrawal), 6 (Products), 8 (protection of personal data), 9 (applicable law and dispute resolution).