The present general terms and conditions of sale (hereinafter referred to as “General Conditions”) will be governed in accordance to Legislative Decree no. 185 of 22 May 1999 and refers to the distance sale of products listed on the website associated with the domain name pasticceriabianchigiovanni.it, supplied by Bianchi 3 di Bianchi Giovanni & C. s.a.s (hereinafter referred to as “Pasticceria Bianchi Giovanni”), with registered office in Gallarate, Via Riva 8, 21013 (VA), Italy, VAT number 02323980025.
The use of the remote sale service governed by the General Conditions hereof is exclusively reserved to consumers (hereinafter referred to individually as “Customer” or, collectively, “Customers”) meaning natural persons acting for purposes not related to the business, entrepreneurial, artisanal or professional activities possibly carried out, which require the shipment of goods in Italy. Legal subjects registered for a VAT number or Customers collecting the goods in our shop, you can place your order by contacting us by phone or email at firstname.lastname@example.org. We do not ship abroad. For purchases of large amounts of products, please contact us by phone or at the above indicated email address.
The Customer must read carefully the General Conditions that have been made available to him on the website www.pasticceriabianchigiovanni.it, in order to acknowledge and understand the General Conditions according the to art. 12 of Legislative Decree No. 70 of April 9, 2003. Contracts concluded with Pasticceria Bianchi Giovanni (as defined below) through the site www.pasticceriabianchigiovanni.it are exclusively governed by Italian law and in particular by Legislative Decree 6 September 2005, n. 206 (“Consumer Code”) and Legislative Decree 9 April 2003, n. 70 (“Ecommerce Decree”).
Acceptance of general conditions of sale
By sending the confirmation of the purchase order electronically, the Customer unconditionally accepts and agrees to observe in its relations with Pasticceria Bianchi Giovanni, owner of the ecommerce website www.pasticceriabianchigiovanni.it, the below reported General Conditions, declaring having read and agreed on all the information given to him. The forwarding of the order confirmation therefore implies full knowledge of the conditions of sale, payment and shipping and their complete acceptance. Minimum order quantity is 2 pieces.
Terms of sale
Pasticceria Bianchi Giovanni assumes no liability whatsoever for disruptions due to circumstances beyond our control and/or acts of God, for example as: catastrophes or natural events, strikes, fires, accidental breakages of production machinery, road accidents, etc. or anything preventing the fulfillment of the sales agreement, according to the agreed-upon terms and modalities. Customers have any right to claim for compensation damages or indemnification, moreover we do not assume any contractual or extra-contractual liabilities for direct or indirect damages to persons and/or things, caused by the lack of acceptance, including partial acceptance, of an order. All trademarks on this site are registered by their respective owners, their unauthorized use will be prosecuted according to law.
Execution of the contract
In compliance with art. 53 of the Consumer Code, the correct receipt of the order is confirmed by Pasticceria Bianchi Giovanni by email sent to the address provided by the Customer. This confirmation message will include all data entered by the Customer who agrees to verify its correctness and communicate any amendment, as described in this document. Pasticceria Bianchi Giovanni reserves the right to cancel an order placed by a Customer. In case of non-acceptance of the order, Pasticceria Bianchi Giovanni ensures timely communication to the Customer, and will refund any amounts already paid by the Customer for the purchasing and supply of the goods. In any case, except in the case of force majeure or unforeseeable circumstances, in accordance with the Consumer Code, the products will be delivered within a maximum of 30 days starting from the day following the date on which the Customer transmitted the order.
Ineffectiveness of the order
No contract shall be be concluded between Pasticceria Bianchi Giovanni and the Customer if Pasticceria Bianchi Giovanni has reasonable grounds to believe that the Customer does not operate on the basis of an effective and genuine interest in the purchase of the ordered products, or abuses the right of withdrawal acknowledge by the following art. 12. In such cases, the order placed by the Customer shall be subject to any condition of effectiveness. Pasticceria Bianchi Giovanni will send the Customer a communication by email stating the failure to conclude the contract, also taking care of the cancellation of any charge and/or expense paid by the Customer.
All products sold by Pasticceria Bianchi Giovanni are freshly prepared in the laboratory attached to our Pastry shop. Since there is no stock or warehousing, preparation times may vary depending on the quantity and complexity of the request. Pasticceria Bianchi Giovanni undertakes to promptly notify the Customer by email in case of any unforeseen product depletion due to excess demand or other causes and unavailability to deliver the ordered goods, therefore will refund any amount already paid by the Customer for the provision of goods. If having received communication from Pasticceria Bianchi Giovanni of a delay in the delivery date, the Customer wishes to cancel the order, any amount already paid by the Customer will be refunded as soon as possible, and in any case no later than 30 days from the day following the date of receipt of the order from Pasticceria Bianchi Giovanni.
Product images on the site are purely demonstrative as products are prepared and packaged at the time of order, hence it is impossible that they may perfectly match those described in pictures.
Preservation methods of goods and expiry date
All products sold by Pasticceria Bianchi Giovanni must be stored in cool and dry places, they must be consumed preferably by the date indicated on the package. They are packed in practical and elegant boxes that allow the products to remain intact, the integrity of the package is guaranteed by the “Pasticceria Bianchi Giovanni” gold seal applied on the box. Once the package is opened, the products should be consumed within a few days, as they are free of preservatives. In the event that the customer does not comply with these preservation methods and consumption, Pasticceria Bianchi Giovanni is not responsible for any damage or alteration of these products.
Amaretti di Gallarate kept in their original packaging preserve their softness up to 7 days from the production date. Beyond this time, the product tends to dry out, while maintaining its quality and taste unaltered. They are packed in boxes with three different sizes, small, containing no less than 350 grams net of product, medium, containing no less than 550 grams net of product and large, with a minimum net weight of 750 grams.
Biscotti Virginia kept in their original packaging preserve their softness and fragrance up to 20-25 days from the production date. Dolci Virginia are packed in boxes with three different sizes, small, containing no less than 200 grams net of product, medium, containing no less than 300 grams net of product and large, with a minimum net weight of 450 grams.
Each item will indicate the ingredients that contains, always in compliance with current regulations.
TERMS OF PAYMENTS AND DELIVERY
Orders and terms of payment
The Customer placing an online order will receive a confirmation by email at the end of the procedure indicating the order number. The order shall be considered as accepted at the discretion of Pasticceria Bianchi Giovanni only upon payment made and related to available goods. Once the order has been submitted, the Customer agreed on all the conditions of sale, payment and shipping. The payment of the entire provision must be done all in advance using PayPal as a payment method.
The order amount will be charged to the Customer’s PayPal account at the end of the online purchase. In case of order cancellation, both by the Customer and in case of non-acceptance from Pasticceria Bianchi Giovanni, the amount will be refunded to the Customer’s PayPal account. The cancellation of the order is allowed until it is not yet being processed. Once the cancellation of the transaction is requested, under no circumstances Pasticceria Bianchi Giovanni shall be held liable for any damages, direct or indirect, caused by delay in the non-release of the amount committed by PayPal.
At any time during the purchase process Pasticceria Bianchi Giovanni is capable of obtaining any Customer financial information. Since there is no data transmission, there is no possibility that these data are intercepted. Pasticceria Bianchi Giovanni does not keep any electronic archive containing or storing such data. For each transaction made with the PayPal account the customer will receive a confirmation email from PayPal.
Prices and shipping costs
All the products sold by Pasticceria Bianchi Giovanni are of excellent quality. All prices are in Euro. Prices may change without notice and are valid only for distance selling. The final order price is inclusive of VAT and shipping costs, which are charged to the Customer. For each confirmed order, Pasticceria Bianchi Giovanni will issue an invoice for the shipped goods and send it by email to the Customer or at the same time of the shipping, in compliance with current legislation. For the issuance of the invoice the information provided by the Customer at the time of ordering shall prevail. No change or amendment is possible after the invoice has been issued.
The shipping cost is charged automatically during the purchasing procedure in the amount of 11.59 €.
Prices do not include VAT. There is a minimum order of 2 pieces.
Shipping and delivery time
Pasticceria Bianchi Giovanni in order to guarantee safe, fast and reliable goods delivery to Customers has chosen MBE, a technical partner of the highest quality and reliability which is a leading Italian operator for express deliveries. As a result, Pasticceria Bianchi Giovanni ensures countrywide delivery in Italy in 24/36 hours from goods collection, Saturdays, Sundays and non-working days not included.
With the Tracking Number sent by email automatically, the Customer is able to monitor the status of the shipment at: http://www.mbe.it/privati/
For accurate deliveries it is necessary to verify that all information about the recipient are detailed and correct, especially the exact name on the doorbell. In case the recipient is unavailable, the courier will make three delivery attempts. Any issue concerning integrity, conformity or compliance of the delivered goods shall be reported within 7 days from date of delivery to Pasticceria Bianchi Giovanni, which will take charge of the issue and solve it according to the procedures described in this document.
Under no circumstances Pasticceria Bianchi Giovanni shall be held responsible for a delay in collection or delivery of the ordered goods.
Right of withdrawal
According to art. 5 of Legislative Decree 185/99, the purchaser has the right to terminate the distance contract no later than 10 working days starting from the delivery date of the goods, without penalty and without specifying the reason. The right of withdrawal is exercised by sending a written communication by registered mail within 10 working days to the following address:
Pasticceria Bianchi Giovanni, Via Riva 8, 21013 Gallarate (VA), Italy.
The communication can be previously submitted by email at the following address email@example.com provided that it is then confirmed by registered mail within 48 hours. The communication shall include the manifestation of intention to exercise the right of withdrawal granted by the law, information on the purchased goods, order date and request for reimbursement of paid amounts.
The buyer shall return all the goods, intact and in closed original packaging without any missing, no later than 10 working days from the date of receipt of the goods, by courier, express mail or any other delivery service, to the following address:
Pasticceria Bianchi Giovanni, Via Riva 8, 21013 Gallarate (VA), Italy.
The shipping costs for goods returning shall be fully and exclusively borne by the Buyer and under his direct responsibility. Upon receipt of the goods, which shal be returned intact and in closed original packaging without any missing, Pasticceria Bianchi Giovanni will refund the paid amount to the buyer PayPal account within and no later than 10 days from the date Pasticceria Bianchi Giovanni was notified the Buyer’s intention to exercise the right of withdrawal.
The right of withdrawal lapses, due to the lack of integrity of the goods (packaging and/or its content), in case Pasticceria Bianchi Giovanni ascertains:
1) Absence of the external packaging and/or the wrapping containing the purchased goods.
2) Damage to goods due to causes other than transport.
In case of lapse of the right of withdrawal, Pasticceria Bianchi Giovanni will return the purchased goods and charge the shipping costs to the sender.
Applicable law and competent court
These General Conditions of sale shall be governed by, and interpreted in conformity with Italian law. Any dispute arising from the interpretation, validity and/or execution of these General Conditions, will be the exclusive jurisdiction of the Court of Busto Arsizio (Italy).