Terms of sale

1. PURPOSE OF THIS DOCUMENT

1.1) These General Terms and Conditions of Sale (hereinafter ‘General Terms and Conditions’) are intended to regulate the sale to customers (hereinafter ‘Customers’) of pastry products (hereinafter ‘Products’) made by Antica Pasticceria Milano S.r.l. (hereinafter referred to as Antica Pasticceria) and marketed by Bar Milano S.r.l. in the dedicated area of the website https://www.pasticceriamilanosrl.it/#prodotti (hereinafter referred to as ‘The Site’) and following the procedures reported within the same.

1.2) For the purposes of these General Conditions, customer/final consumer means: the natural person acting for purposes unrelated to the entrepreneurial, commercial, craft or professional activity possibly carried out (art. 3, paragraph I, letter a) and art. 45, paragraph I, letter a) of Legislative Decree no. 205/2006).

1.3) The Products for sale on the Site are sold by Bar Milano S.r.l. with registered office in Viale Verbano 101, 21026 Gavirate (VA), VAT no. 03502760121.

1.4) For any information relating to these General Conditions and/or purchases made on the basis thereon, please write to info@pasticceriamilanosrl.it

2. CONTRACT CONCLUSION

2.1 All the information contained in the e-commerce area of the Site https://www.pasticceriamilanosrl.it/#prodotti must not and cannot be considered as offers to the public pursuant to art. 1336 of the Italian Civil Code. They constitute an invitation to Customers to conclude business and enter into contracts through the submission of purchase proposals. By sending the purchase proposal, the Customer declares to have read all the information provided and to fully accept the General Conditions of Sale applied.

2.2 The proposal for the purchase of the Products is formulated by the Customer at the moment of sending the order form in electronic format that the Customer must fill in and confirm in the order summary screen.

2.3 The Customer is entitled to indicate a different place of shipment from the one indicated in their personal data.

2.4 Once the order form has been sent, a summary page of the order will be displayed and an e-mail will be sent to confirm receipt of the order.

2.5 By sending the order form, the Customer accepts that any purchase contract is governed by these General Conditions.

2.6 The contract shall be deemed concluded upon acceptance of the purchase proposal made by the Customer by Bar Milano S.r.l., except as provided for below. The contract shall therefore be deemed to have been executed at the registered office of Bar Milano S.r.l. Acceptance may also take place tacitly when the goods ordered by the Customer are sent by Bar Milano S.r.l.

2.7 All orders are subject to acceptance by Bar Milano S.r.l., which reserves the right, at its sole discretion, not to complete the order if, for example:
– the data provided by the Customer at the time of filling in the order form is incomplete or incorrect;
– the Customer does not qualify as the ‘end user’ or does not meet the requirements to proceed with the payment conditions.

2.8 In the above-mentioned cases, Bar Milano S.r.l. will inform the Customer by e-mail that the order proposal has not been accepted (in whole or in part) specifying the reasons and as a result, the contract cannot be considered concluded. In such case, Bar Milano S.r.l. will refund the Customer any sums already paid.

2.9 Any right of the Customer to damages or compensation is excluded, as well as any contractual or non-contractual liability for direct or indirect damages to persons and/or property caused by the non-acceptance in whole or in part of an order.

3. PRICES AND PAYMENT TERMS

3.1. The sale prices of the Products and payment methods are those indicated on the Site and are expressed in Euro (€).

3.2 The sales prices of the Products include the statutory VAT.

3.3 Shipping costs included inthe price (olnly for Italy), except for deliveries in the Free Zone of Livigno, Major Islands, Minor Islands, Venetian Islands.

Special cases:
– shipments to countries within the European Union: €20.00

– shipments to countries outside the European Union must place an order by writing to the following e-mail address:  info@pasticceriamilanosrl.it

3.3) Bar Milano S.r.l. reserves the right to change the prices shown on the Site at any time.
Bar Milano S.r.l. cannot be held responsible for any variations in price.

4. PRODUCT DELIVERY OPTIONS

4.1 The Products can be picked up at BarMilano S.r.l. sales points or delivered according to the times and methods indicated by the delivery service.

4.2 In case of production delays, the Customer will be promptly notified by Bar Milano S.r.l. customer service.

4.3 Shipments are made throughout Italy, in the countries of the European Union and in the following countries: Switzerland. The contract will be considered concluded in Italy, even if the order comes from a customer in another country.

4.4 The risks relating to the Products pass to the Customer upon delivery of the Products to the carrier.

5. RIGHT OF WITHDRAWAL

5.1 Pursuant to and for the purposes of art. 59, paragraph I, letter d) of Legislative Decree no. 206/2005, the right of withdrawal does not apply to the sale of products marketed by Bar Milano S.r.l., as these are goods that risk deteriorating and expire rapidly.

6. PRODUCTS

6.1. The Products illustrated in the Site are original Bar Milano S.r.l. products. The characteristics and ingredients of each Product are shown on the Site within each product sheet, where the allergens present are also indicated, however the colours of the same may not correspond to the real colours due to the internet browser and monitor used and natural variations in the raw materials. The images are therefore to be considered purely illustrative.

6.2 The Customer undertakes to communicate to Bar Milano S.r.l. by telephone or e-mail any allergies or pathologies that require special attention in the realization of the products. In case of non-communication, the Customer shall assume all health-related responsibilities.

The Customer undertakes to verify the integrity of the packaging and the conformity of the product in front of the store manager in case of collection at the point of sale, or in front of the Courier in case of home delivery. In the event that the package is visibly damaged, the Customer may refuse delivery by either leaving it in the shop or returning it to the Courier and initiating the refund/replacement procedure in both cases.

7. DAMAGED OR NON-COMPLIANT PRODUCTS

7.1 In the event that the Customer believes that the Products purchased are damaged or do not comply with their requests according to objective criteria (exchange of product, etc.), they may obtain a refund for the amount paid or the replacement of the products:

a) directly at the point of sale of Bar Milano S.r.l., at Viale Verbano 101, Gavirate;
b) by calling +39 (0)332 732400 or writing to info@pasticceriamilanosrl.it

7.2 Bar Milano S.r.l. will carefully examine the returned Product and, once it has been ascertained that the product is not intact or non-conforming, Bar Milano S.r.l. undertakes, in agreement with the Client/Customer, to refund the amount paid or to supply a new product according to the indications of the order received, at its own expense.

8. PERSONAL DATA PROTECTION

With regard to all the obligations relating to the collection, processing, personal data of the Customer and the related purposes, please refer to the specific information contained on the Site.

9. APPLICABLE LAW AND DISPUTE RESOLUTION

9.1 The General Conditions of Sale are governed by Italian law and in particular by Legislative Decree no. 206 of 6 September 2005 (Italian Consumer Code) with specific reference to the regulations on distance contracts and by Legislative Decree no. 70 of 9 April 2003 on certain aspects of electronic commerce.

9.2 For any dispute relating to the validity, interpretation or execution of these General Terms and Conditions of Sale, the Court of Varese shall have territorial jurisdiction.
9.3 If you are a European consumer, please be aware that the European
Commission has made a dedicated alternative dispute resolution tool available to all European residents. Access to the platform can be found here: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage

Pursuant to Articles 1341 and 1342 of the Italian Civil Code, the Customer also declares that they expressly accept and approve the provisions contained in Articles 2 (contract conclusion), 3 (prices and payment terms), 4 (Product delivery options); 5 (right of withdrawal); 6 (Products), 8 (personal data protection), 9 (applicable law and dispute resolution).