1) Effectiveness of the general conditions.
1.1 These general conditions regulate the sale and supply of pastry or food products (hereinafter the "Products") made by the company In Croissanteria Srl, with registered office in Via Alberto da Giussano, 23 - 20145 Milan (MI) , CFPIVA 02384030165 (hereinafter “In Croissanteria”) through the website https://www.italovezzoli.it  (hereinafter, the “Site”) to natural persons who make the purchase as consumers. The sending of the order by the user implies the acceptance by the latter of these general conditions of sale. To be able to purchase the Products on the Site, you must be of legal age.
1.2 These general conditions can be downloaded from the Site at the link ' conditions of sale '. In Croissanteria may modify these general conditions in the future: the user will be informed by a notice that will be published on the Site.
1.3 These general conditions do not affect the rights and actions recognized to consumers by Legislative Decree 6.9.2005, n. 206 and subsequent amendments and additions (the "Consumer Code") and in particular by Section II.

2) Order procedure.
2.1 To proceed with the order, the user must access the "Buy Now" section, select the desired variant and quantity. At this point it will be necessary to indicate the delivery method or collection in store and fill out a form with your personal data by entering: email address, name, surname, address, telephone number. If the user is a legal person, flag the appropriate box and complete with the company data.

2.2 The display of Products on the virtual showcase of the Site constitutes an invitation to offer. To purchase a Product, it will be necessary to send an order according to the procedures indicated above. The order will be considered as a contractual proposal addressed to In Croissanteria, which reserves the right to accept or refuse it, following the checks carried out on the conditions of the user or the availability of the Products.
2.3 For each Product published on the Site, In Croissanteria indicates whether the Product (i) is available; (ii) is not available; The indication regarding the availability of the Products is not binding, it being understood that the Products indicated as "not available" cannot be ordered. In the event of subsequent unavailability of a product indicated as available at the time of sending the order by a Customer, In Croissanteria undertakes to indicate to such Customer, in a subsequent communication by e-mail, the indicative times expected for a new availability of the Product(s) in question and will provide for the refund of any sums of money already received from the same.

 

 

3) Conclusion of the contract.
3.1 In the event of a satisfactory outcome of the checks, In Croissanteria will send the user an order confirmation via email, summarizing all the specific and general conditions of the purchase. The sales contract will be considered perfected and concluded exclusively upon receipt by the user of the order confirmation sent by In Croissanteria.

4) Products.
4.1 The characteristics (including allergens present) and the price of the various Products for sale on the Site are shown on the page relating to each Product. In any case, it is the user's responsibility to communicate to In Croissanteria, at the same time as sending the order, or by email to info@italovezzoli.it, the presence of any allergies or pathologies.
4.2 The visual representation of the Products on the Site, where available, normally corresponds to the photographic image accompanying the descriptive sheet. It is understood that the image of the Products themselves has the sole purpose of presenting them for sale and may not be perfectly representative of their characteristics and quality but may differ in color and size. The packaging of the Products delivered may not coincide with that represented on the Site in the event that the manufacturer has modified the packaging and, therefore, for reasons beyond the control of In Croissanteria. In the event of a difference between the image and the written Product sheet, the description of the product sheet always prevails.

5) Prices and payment methods.
5.1 The prices of the Products are clearly indicated on the Site and, unless otherwise indicated, are inclusive of VAT. The shipping cost (always indicated on the Site) must be added to the price of the product, the amount of which varies based on the volume of the shipment.
5.2 Payments may be made in the following ways:
(i) Online with PayPal and/or credit card circuit;
Upon acceptance of the order, In Croissanteria will reserve on the credit card indicated by the user an amount equal to that indicated in the order confirmation.
5.3 If the purchase is made by a professional, it will be possible to request an invoice by selecting the appropriate box during the order procedure and entering the billing information including tax code and/or VAT number. In this case, the invoice will be sent in the forms required by law.

The professional is responsible for the correct entry of the billing data and is expressly informed that, in the event of failure to request the invoice during the order phase, it will not be possible to request it later. In the event that the user requests the issuing of an invoice and/or is not a "consumer or user" as defined in art. 3, paragraph 1, letter a), of the Consumer Code, they will not find the provisions regarding withdrawal referred to in the following article 10 and in any case all those that pursuant to the same Consumer Code apply only to "consumers".

6) Delivery conditions.
6.1 In Croissanteria carries out deliveries by means of specialized carriers specifically appointed by the same, exclusively in the Italian territory. The Products purchased on the Site will be delivered to the address indicated by the Customer during the purchase procedure.
6.2 The delivery times reported on the In Croissanteria Site are merely indicative estimates based exclusively on availability, normal order processing and delivery times declared by the carriers and do not imply any obligation for In Croissanteria. In any case, delivery will take place within 30 days of receipt of the conclusion of the contract, pursuant to art. 61, Consumer Code.
6.3 The presence of the user or of a person appointed by him/her who is suitable and authorised to receive the delivery is required for delivery, also in relation to the nature of the Products ordered; the user expressly exonerates In Croissanteria from any liability in this regard. Delivery will not be made if the user or the person appointed by the user is manifestly unfit to collect the Products due to age. Couriers do not deliver to PO boxes or by inserting the Products into letterboxes or other similar places.
6.4 Users, or other persons possibly appointed by users who are at the address indicated for the delivery of the Products, are required to verify, at the time of delivery, that:
(i) the Products correspond to what is indicated in the courier's transport document (DDT) both in terms of number and type;
(ii) the packaging/wrapping of the Products is intact, not damaged, nor wet or in any way altered, including the sealing materials. Any damage to the packaging/wrapping of the Products must be immediately contested by the users by placing a written control reservation on the courier's proof of delivery. It is understood that, once the courier's document has been signed without any dispute, the users can no longer raise any dispute with In Croissanteria with reference to the external characteristics of what was delivered.
6.5 The transfer of ownership of the Products will occur at the time of delivery, just as the risk of loss or damage to the Products will be transferred to the user at the time of delivery, i.e. when the latter, or a third party designated by him, physically comes into possession of the Products.

7) Product Warranty.
7.1 All Products sold on the Site are covered by the legal guarantee of conformity provided for by articles 128-135 of the Consumer Code.
7.2 If a purchased Product has a lack of conformity, the user must communicate it within two days from the date of delivery, otherwise the guarantee will no longer be valid. In order to benefit from the legal guarantee, the user must provide the order confirmation or the purchase invoice, if requested, or any other document that can certify the date of purchase (for example the credit card statement or the bank statement) and delivery.
7.3 Any faults to the Products caused by accidental events or by the user's responsibility, such as poor or improper storage of the Products, are excluded from the scope of the legal guarantee.
7.4 In the event of a lack of conformity duly reported within the terms, the user has the right:
(i) primarily, to the free replacement of the Product, at its choice, unless the requested remedy is objectively impossible or excessively onerous compared to the other, taking into account in particular that these are perishable food products;
(ii) secondarily (i.e. in the event that replacement is impossible or excessively expensive) to the reduction of the price or the termination of the contract at your choice.
7.5 The purchase with VAT number is considered an indication of the non-existence, for the purposes of the legal guarantee of conformity, of the quality of consumer. Those who purchase with VAT number will be recognized the guarantees for defects of the item sold provided for by the Civil Code.
7.6 In the event of defects in conformity of Products sold by In Croissanteria, the user must immediately contact Customer Service using the methods indicated in the following article 11.

8) Errors and limitations of liability.
8.1 The information relating to the Products provided through the Site is constantly updated. However, it is not possible to guarantee the complete absence of errors for which In Croissanteria cannot therefore be held responsible, except in the case of fraud or gross negligence.
8.2 In Croissanteria reserves the right to correct errors, inaccuracies or omissions even after an order has been sent, or to modify or update information at any time without prior notice, without prejudice to the user's rights under these general conditions and the Consumer Code.
8.3 Except in the case of fraud or gross negligence, the user shall have no right to compensation for damages or to the recognition of an indemnity, as well as any contractual or extra-contractual liability for direct or indirect damages to persons and/or things, caused by the failure to accept or fulfill, even partially, an order.

9) Right of withdrawal.
9.1 Pursuant to and for the purposes of Article 59, letter d) of the Consumer Code, the right of withdrawal is excluded for fresh products (such as artisan panettone and colomba) that are at risk of deteriorating or expiring quickly. Pursuant to and for the purposes of Article 59, letter c) of the Consumer Code, the right of withdrawal is in any case excluded for customized products or products made to order upon the user's request.
9.2 In all other cases, the user, who has the status of consumer, has the right to withdraw, without penalties and without having to specify the reason, within and no later than fourteen days from receipt of the Products (or, in the case of multiple goods ordered through a single Order and delivered separately, from the day on which the user or a third party designated by him, other than the carrier, acquires physical possession of the last good).
9.3 In order to exercise the right of withdrawal, the user must, before the expiry of the term referred to in the previous point, inform In Croissanteria of his decision by sending written communication within 2 days of receiving the Products to the following address:
- In Croissanteria Srl, with headquarters in Via Variante di Cicola n. 13/c – 24060 – Carobbio degli Angeli (Bg)
9.4 In case of exercising the right of withdrawal, the user is required to return the Products received to In Croissanteria, sending them to its headquarters at the address indicated above, without undue delay and in any case within fourteen days following the date on which he communicated his decision to withdraw; the deadline is considered respected if the user sends back the Products before the expiry of the fourteen-day period.
9.5 The direct cost of returning the Products is borne by the user.
9.6 The user is required to return the Products in an intact state of conservation. The packaging of the Products must be accurate, in order to safeguard the original packaging from damage, affixing of writings or labels. The consumer is responsible for the decrease in value of the goods resulting from a handling of the goods other than that necessary to establish the nature, characteristics or functioning of the same.
9.7 Where the right of withdrawal has been exercised in accordance with the aforementioned provisions, In Croissanteria will, within fourteen days of receiving the notice of withdrawal, return to the user all payments received, in relation to the order to which the withdrawal refers, using the same means of payment used by the user for the initial transaction where this does not entail costs for the user as a result of the refund; however, In Croissanteria has the right to withhold the refund until it has received the Products or until the user has demonstrated that he has sent the Products back, depending on which situation occurs first.

10) Applicable law, jurisdiction and competent court. Alternative dispute resolution.
10.1 These general conditions or in any case the orders sent within the scope of these general conditions will be subject to and must be interpreted in accordance with Italian law.
10.2 All disputes relating to the interpretation and/or execution of these general conditions and orders issued pursuant to them will be under the exclusive jurisdiction of the court of residence or domicile of the user who qualifies as a consumer if located in Italian territory; in all other cases, the territorial jurisdiction is exclusively that of the Court of Bergamo, excluding any other competent court.
10.3 The consumer residing in the European Union must be aware of the fact that the European Commission has established an online platform that provides an alternative dispute resolution tool. This tool can be used by the European consumer to resolve in a non-judicial manner any dispute relating to and/or arising from contracts for the sale of goods and services stipulated online. Consequently and without prejudice to the provisions of this article 10, the user who makes purchases as a consumer may use this platform to resolve any dispute arising from the online contract stipulated with In Croissanteria. The platform is available at the following link:
https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage.

11) Contacts
11.1 For further information and assistance on the Site or on the methods of purchasing on the Site or on orders, users can contact In Croissanteria by calling 035951445.