TERMS AND CONDITIONS

GENERAL TERMS AND CONDITIONS OF SALE In welcoming you to our Site, we invite you, before continuing with access or use, to carefully read these Terms, which apply to all visitors and/or users of the Site. If you do not agree and/or do not accept these Terms and Conditions of Sale, you may not use this Site and we therefore invite you to immediately cease using it.

• 1 – PREMISE

1.1 These terms and conditions of sale and use of the site (“Terms”) regulate: the use, by the user, of the website hosted at https://www.panificiomarchesi.it (“Site”); the purchase and delivery, sale and supply of pastry or food products (“Products”) carried out through our Site. 1.2 The products purchased on the Site are made and sold directly by the company F.lli Marchesi snc di G. Battista e C., with registered office in Via Borgo Palazzo 104/B – 24125 Bergamo (BG), registered with the Chamber of Commerce of Bergamo, with VAT no. 02399530167, with Tax Code 02399530167 (“Seller”).

• 2 – SCOPE OF APPLICATION OF THE TERMS

2.1 Any sale on the Site constitutes a distance contract governed by Chapter I, Title III (articles 45 et seq.) of Legislative Decree no. 206 of 6 September 2005 (Consumer Code) and by Legislative Decree no. 70 of 9 April 2003, containing the rules on electronic commerce.

2.2 The General Conditions of Sale apply to all sales made by the Seller on the Site. 

2.3 The General Conditions of Sale may be modified at any time. Any modifications and/or new conditions will be in force from the moment of their publication on the Site. You are therefore invited to regularly access the Site and to consult, before making any purchase, the most updated version of the General Conditions of Sale. 

2.4 The applicable General Conditions of Sale are those in force on the date of sending the purchase order. 

2.5 These General Conditions of Sale do not regulate the sale of products and/or services by parties other than the Seller who may be present on the Site via links, banners or other hypertext links. Before carrying out commercial transactions with such parties, it is necessary to check their conditions of sale. The Seller is not responsible for the provision of services and/or the sale of products by such parties. The Seller does not carry out any checks and/or monitoring on the websites that can be consulted via such links. The Seller is therefore not responsible for the contents of such sites or for any errors and/or omissions and/or violations of the law by the same. 

2.6 You are required to carefully read these General Conditions of Sale as well as all other information that the Seller provides on the Site. 

2.7 The forwarding of the purchase order, together with these Terms, constitute the contract between the parties for the purchase of the Products and to which no different terms or conditions will apply. By confirming that you have read and accepted these Terms when placing an Order through our Site, you confirm that you accept them unconditionally. The contract can only be modified by mutual agreement reported in writing or by e-mail.

• 3 – OUR COMMERCIAL POLICY

3.1 Purchases on the site are permitted both to users who are consumers and to users who are professionals. Pursuant to art. 3, paragraph I, letter a) of the Consumer Code, it is recalled that the quality of consumer is a natural person who acts for purposes unrelated to any entrepreneurial, commercial, professional or artisanal activity carried out; 

3.2 Pursuant to art. 3, paragraph I, letter c) of the Consumer Code, the quality of professional is a natural or legal person who acts in the exercise of his/her entrepreneurial, commercial, artisanal or professional activity, or his/her intermediary. 

3.3 In consideration of its commercial policy, the Seller reserves the right not to process orders that do not comply with the same.

3.4 In general, the Seller reserves the right to refuse orders or the provision of services to anyone and at any time.

3.5 To place orders on the Site, the end user must be of legal age, possess the necessary requirements to enter into legally binding contracts, have a valid email address and possess a credit card or bank account.

• 4 – ORDER PROCEDURE

4.1 In compliance with Legislative Decree 9 April 2003, n. 70 containing provisions on electronic commerce, the Seller informs you that:

• To conclude a purchase contract on the Site, you must fill out an order form in electronic format and send it to the Seller, electronically, following the instructions that will appear from time to time on the Site.
• the contract is concluded when the order form reaches the Seller’s server
• Once the order form has been received, the Seller will send you an order confirmation to the email address indicated, containing:
• information relating to the characteristics of the purchase
• the price indication.

  4.2 In order to send a purchase order, you must read and approve these General Conditions of Sale by selecting the appropriate box on the purchase procedure pages. Failure to accept these General Conditions of Sale will make it impossible to make purchases on the Site. The Seller will ship the Products only after receiving confirmation of payment authorization or crediting of the Total Amount Due. Ownership of the Products will be transferred to you at the time of shipment, meaning the time of delivery of the Product to the carrier. The risk of loss or damage to the Products, for reasons not attributable to the Seller, will be transferred to you when you, or a third party designated by you and other than the carrier, physically takes possession of the Products. 

4.3 The Service you have chosen will be performed only after payment of the Total Amount Due. The Seller reserves the right not to provide the service if, after sending your purchase order, it is ascertained that you have not paid all or part of the Total Amount Due. 

4.4 The purchase contract is subject to termination upon failure to pay the Total Amount Due. Unless otherwise agreed in writing with you, the order will be cancelled as a result. 

4.5 If the purchase is made by a professional, it will be possible to request the issuing of 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 provided for by law. 

4.6 The professional is responsible for the correct entry of the billing information 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 subsequently. 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, will not find the provisions regarding withdrawal referred to in the following article 10 and in any case all those which pursuant to the same Consumer Code apply only to “consumers”.

• 5 – THE PRODUCTS

  5.1 The Site offers for sale only F.lli Marchesi brand products, for which the Seller guarantees the quality and authenticity. 

5.2 Each product is accompanied by an information page that illustrates its main characteristics “Product Sheet”. 

5.3 Before purchasing any food product offered for sale on the Site, you are asked to inform the Seller if you suffer from any type of allergy, intolerance or food intolerance. If you do not make this communication, the Seller is in no way responsible for any type of damage that you may suffer from purchasing food products on the Site. 

5.4 The images and descriptions on the Site reproduce the characteristics of the Products as faithfully as possible. However, the images and colours of the products, where available, may not be perfectly representative of the real ones, due to the settings of the computer systems or computers you use to view them. Furthermore, the images of the Product in the Product Sheet may differ from the real ones in size, colour or in relation to any accessory products. These images must therefore be understood as indicative and with the tolerances of use.

5.5 The packaging of the Products delivered may not coincide with that shown on the Site in the event that the manufacturer has modified the packaging and, therefore, for reasons beyond the Seller’s control. In the event of a difference between the image and the written Product Sheet, the description of the Product Sheet always prevails. 

5.6 The Seller is not liable in the event of damage, of any nature, resulting from the use of the Product in an improper manner and/or not in accordance with the instructions provided by the manufacturer, as well as in the event of damage resulting from fortuitous event or force majeure.  

• 6 – PRODUCT AVAILABILITY

  6.1 The Site contains information on the availability of each Product. 

6.2 The Products offered on the Site are limited in number. It may therefore happen, also due to the possibility that multiple users purchase the same Product at the same time, that the ordered Product is no longer available after the purchase order has been sent. 

6.3 You will be informed in the event of unavailability of the ordered Product. In this case, you will be entitled to terminate the purchase contract pursuant to and for the purposes of the provisions of art. 61, paragraphs IV and V, of the Consumer Code. 

6.4 Alternatively, you may accept:

• if restocking is possible, an extension of the delivery terms with an indication of the new delivery term
• if restocking is not possible, the Seller will supply a different product, of equivalent or higher value, upon payment, in the latter case, of the difference, and upon express acceptance by the user.

6.5 If a refund is requested for the amount paid for the purchase of Products that later turned out to be unavailable, the Seller will make the refund within a maximum of 15 days. The total amount due as a refund consists of: price of the Product, shipping costs if applicable and any additional costs.  

• 7 – INFORMATION ON THE PRICE AND PAYMENT METHODS

7.1 All prices of the Products published on the Site are inclusive of Value Added Tax, unless otherwise indicated. 

7.2 The Seller reserves the right to change the price of the Products at any time, without notice, it being understood that the price charged to you will be the one indicated on the Site at the time of placing the order and that no account will be taken of any variations (increases or decreases) subsequent to the transmission of the order. 

7.3 Orders are invoiced in Euros and correspond to the prices in Euros shown on our site. The amount that will be charged to your credit card or bank account may vary as it is based on floating exchange rates and bank commissions. The Seller invites customers to contact their bank to request detailed information on the exchange rates and bank commissions relating to their transaction. 

7.4 Shipping costs, if any, are expressly and separately indicated in the order form, before the user proceeds to transmit the same. 

7.5 To pay the price of the products and the related shipping and delivery costs, you may follow one of the methods indicated in the order form. In no case will you be charged costs greater than those actually incurred by the Seller, in relation to the payment instrument chosen by you. 

7.6 The following forms of payment are accepted on the Site: ….

• Payment card
• Bank transfer.

7.7 The Seller accepts credit cards from the following circuits:

• VISA
• MasterCard (Cirrus Maestro)
• American Express

  7.8 In any case, they are indicated in the footer of each page of the Site. 

7.9 The charge will be made only after (i) the data of your payment card used for payment have been verified and (ii) the company issuing the payment card you use has issued authorization for the charge.

 7.10 The confidential data of the payment card (card number, holder, expiry date, security code) are encrypted and transmitted directly to the payment manager without passing through the servers used by the Seller. The Seller therefore never has access to and does not store, even if you choose to store such data on the Site, the data of your payment card used for payment of the Products. 

7.11 The charge will be made at the time the order is transmitted. 

7.12 If you choose bank transfer as your payment method, the Seller, once the order has been received, will communicate to you by email the bank details and the deadline for making the transfer. The email may contain a request to send by email the receipt of the bank transfer made or the confirmation of the transfer. 

7.13 In the case of payment by bank transfer, the delivery times of the Product indicated in the Product Sheet and/or on the Site will start from the date of receipt of the bank transfer by the Seller and not from the date of transmission of the order, as occurs in the case where you choose other payment methods. 

7.14 Unless otherwise agreed, the Services will be provided only after receipt by bank transfer of the Total Amount Due. 

7.15 You are requested to indicate the following data in the reason for the transfer:

• the order reference number
• the date the order was placed
• name and surname of the person in whose name the order is placed, if different from that of the holder of the current account from which the transfer originates.

7.16 From the time the order is sent, you must arrange payment within 2 working days. Failing this, the Seller reserves the right to cancel the order within the following 5 working days.

• ART 8 – SHIPPING METHODS, TIMES AND COSTS

  8.1 Shipping costs are indicated from time to time on the Site and/or in the Product Sheet. 

8.2 Shipping costs are free for orders equal to or greater than € 102.00 and with delivery in Italy (Vatican City and the Republic of Marino excluded) 

8.3 When ordering, it is important to indicate a correct telephone number (landline or mobile), to facilitate the resolution of the delivery procedure. 

8.4 It is important to indicate a delivery address where there is someone who can collect the goods. Furthermore, it is important to always indicate the surname shown on the intercom. 

8.5 In the case of deliveries made to receptions (with signature for collection by the receptionist), F.lli Marchesi snc. will not be held responsible for subsequent failed deliveries of the package to the final recipient. 

8.6 The delivery date of the Product is estimated during the purchase process, the Seller will do everything possible to respect the estimated date on the Site which remains indicative. 

8.7 The Seller will not be held responsible for any delays due to the performance of the transport service by the courier services. Any delays by the courier do not give the right to withdraw from the purchase or to request compensation for damages. 

8.8 The delivery obligation is fulfilled by transferring to you the material availability or in any case the control of the Product. 

8.9 It is up to you to check the conditions of the delivered Product. Without prejudice to the fact that the risk of loss or damage to the Product, for reasons not attributable to the Seller, is transferred when you, or a third party designated by you and other than the carrier, physically takes possession of the Product, the Seller recommends that you check the number of Products received and that the packaging is intact, not damaged, not wet or in any way altered, including the sealing materials, and you are invited, in your interest, to indicate any anomalies on the carrier’s transport document, accepting the package with reservation.

In the event that the packaging shows obvious signs of tampering or alteration, it is advisable to promptly notify the Seller.

In any case, the application of the rules regarding the right of withdrawal (if applicable for the Product) and the legal guarantee of conformity remains unchanged.  

• 9 – RIGHT OF WITHDRAWAL

  9.1 Pursuant to and for the purposes of art. 59 letter d) of the Consumer Code, the right of withdrawal is excluded in relation to the supply of fresh Products that risk deterioration or rapid expiration. 

9.2 Pursuant to and for the purposes of art. 59 letter c) of the Consumer Code, the right of withdrawal is excluded in relation to the supply of personalized or tailor-made Products at the user’s request.

9.3 Pursuant to and for the purposes of art. 59 letter c) of the Consumer Code, the right of withdrawal is excluded in relation to the supply of sealed goods that are not suitable for return for reasons of hygiene or related to health protection and have been opened after delivery. 

9.4 Pursuant to paragraphs …. we specify that the Products that “risk deterioration or expiry rapidly” and that “are not suitable for return for hygiene reasons” include all food products (including wines, spirits and beverages), as the characteristics and qualities of these types of products are subject to alteration also as a result of inappropriate storage. 

9.5 Therefore, in the event of purchase on the site, for hygiene and customer protection reasons, the right of withdrawal is applicable only to products for which the right of withdrawal is not excluded as a result of their nature. 

9.6 Consequently, unless otherwise indicated, you do not enjoy the right of withdrawal provided for by art. 52 of the Consumer Code with reference to the Product or Products indicated in this article.  

– ART. 10 – ESONERO DALLE RESPONSABILITÀ

10.1 F.lli Marchesi snc pubblica informazioni sul proprio sito al fine di fornire un servizio ai propri clienti, tuttavia declina ogni responsabilità circa la possibilità di eventuali inesattezze tecniche o di fatto e/o errori tipografici per i quali è prevista, a seguito di una segnalazione, immediata correzione. 

10.2 F.lli Marchesi si riserva inoltre il diritto di apportare correzioni e cambiamenti al sito ogni qualvolta lo ritenga necessario senza darne preavviso. 

10.3 F.lli Marchesi non offre alcuna garanzia sulla conformità delle informazioni pubblicate nel proprio sito alle leggi previste dalla giurisdizione del paese di residenza del Cliente diverso da quello italiano. 

10.4 F.lli Marchesi declina ogni responsabilità relativa ad eventuali problemi, danni o rischi che l’utente può incontrare durante l’utilizzo del sito.

10.5 F.lli Marchesi declina ogni responsabilità relativa ad eventuali malfunzionamenti legati alla disattivazione dei cookies nel browser dell’utente. 

– ART. 11 – COMPOSIZIONE GIURIDICA DELLE CONTROVERSIE

11.1 I contratti di acquisto conclusi tramite il Sito sono regolati dalla legge italiana. E’ fatta salva l’applicazione agli utenti consumatori che non abbiano la loro residenza abituale in Italia delle disposizioni eventualmente più favorevoli e inderogabili previste dalla legge del Paese in cui essi hanno la loro residenza abituale. Si ricorda che nel caso di utente consumatore, per ogni controversia relativa all’applicazione, esecuzione e interpretazione del presente documento è competente il foro del luogo in cui l’utente risiede o ha eletto domicilio. Nel caso di utente professionista, per ogni controversia relativa all’applicazione, esecuzione e interpretazione del presente documento è invece competente il Foro ove ha sede il Venditore ai sensi di quanto previsto all’articolo 1 di cui sopra.  

11.2 Ai sensi dell’art. 141-sexies, comma 3 del Codice del Consumo, il Venditore informa l’utente che rivesta la qualifica di consumatore di cui all’art. 3, comma 1, lett. a) del Codice del Consumo, che, nel caso in cui egli abbia presentato un reclamo direttamente al Venditore, a seguito del quale non sia stato tuttavia possibile risolvere la controversia così insorta, il Venditore fornirà le informazioni in merito all’organismo o agli organismi di Alternative Dispute Resolution per la risoluzione extragiudiziale delle controversie relative ad obbligazioni derivanti da un contratto concluso in base alle presenti Condizioni Generali di Vendita (organismi ADR, come indicati agli artt. 141-bis e ss. Codice del Consumo), precisando se intenda avvalersi o meno di tali organismi per risolvere la controversia stessa. 

11.3 Il Venditore informa inoltre l’utente che rivesta la qualifica di consumatore di cui all’art. 3, comma 1, lett a) del Codice del Consumo che è stata istituita una piattaforma europea per la risoluzione on-line delle controversie dei consumatori (c.d. piattaforma ODR). The ODR platform can be consulted at the following address http://ec.europa.eu/consumers/odr/; through the ODR platform the consumer user will be able to consult the list of ADR bodies, find the link to the website of each of them and start an online dispute resolution procedure in which he is involved. 

11.4 In any case, the right of the consumer user to bring the dispute arising from these General Conditions of Sale before the competent ordinary judge is reserved, whatever the outcome of the out-of-court settlement procedure for disputes relating to consumer relations by resorting to the procedures referred to in Part V, Title II-bis of the Consumer Code.

11.5 The user who resides in a member state of the European Union other than Italy may also access, for any dispute relating to the application, execution and interpretation of these General Conditions of Sale, the European procedure established for small claims, by Regulation (EC) no. 861/2007 of the Council of 11 July 2007, provided that the value of the dispute does not exceed, excluding interest, fees and costs, Euro 2,000.00. The text of the regulation can be found on the website www.eur-lex.europa.eu.  

• 12 – CONTACTS

12.1 For further information or in case of need, you can contact the Seller at the email address [email protected] or at the telephone number 035.225302.