- OBJECT- GENERAL CONDITIONS OF SALE
The following General Conditions of Sale has as object the sale of products processed through the e-commerce service on the website pasticceriabonci.it.
The customer has, before submitting their purchase order, to carefully read the following conditions of sale. Submitting the purchase order implies its full knowledge and express acceptance of both general conditions of sales and of what specified in the purchasing process.
- SELLER DATA
The products object of the following general conditions of sale are sold by F.LLI BONCI S.R.L., located in Via Amerigo Vespucci, 101, Montevarchi (AR), Italy.
- FIELD OF APPLICATION
The offer and sale of products on the website pasticceriabonci.it constitute a distance contract disciplined by the Legislative Decree No 70/2003, containing electronic commerce regulations, the Articles 45 and the Legislative Decree No 206/2005 (“Consumer Code”), as modified by the Legislative Decree No 21/2014, implementing the Directive 2011/83/EU.
The applicable General Conditions of Sale are those in force from the transmission of the purchase order date. These can be modified at any time. Possible changes and/or new conditions will be in force from the moment of their publication on the website.
Only who has reached 18 years of age is allowed to purchase the products present on the website.
Website products can be sold and delivered exclusively only in the countries indicated in the following article 6.
Products offers present on the Website are addressed both Customers as consumers and customers who do not possess such quality.
In accordance with Article 3, comma I, lett. of Consumer Code, the Consumer is the Natural Person who acts for purposes unrelated with its business, commercial, professional or handcrafting activity. Entering p.iva during the procedure of purchasing is aimed to business, commercial, professional or activities possibly conducted.
In case one or more sales are effectuated towards a subject not classified as Consumer, they will find application in the following general conditions of sale. However, notwithstanding the same provisions, the protections provided in favour of the Consumer, which reflect or comply with the mandatory provisions of law, will not be applied. Furthermore, the contract of sale stipulated between the Seller and the Purchaser will be governed by Italian Law.
Products are sold to the Customer identified by the data entered during the compilation and transmission of the order in electronic format with concomitant agreement of the following General Conditions of Sale.
Information and personal data provided by the Customer are treated according to Data Protection Policy. Using this website, the Customer gives F.LLI BONCI S.R.L. the authority to the treatment of such information and personal data and declares that all this information and/or personal data provided are accurate and true.
- PURCHASING PROCESS
The Consumer can purchase only the products present in the electronic catalogue of F.LLI BONCI S.R.L. when placing the order, as described in the relevant product information, visible at the address www.pasticceriabonci.it.
Each product is accompanied by an information sheet which shows its general features. Images and descriptions present on the website reproduce as faithfully as possible the product features. However, product colours may diverge from the natural ones due to informatic settings or computers used for their visualization. Furthermore, product images present on the information sheet may differ in dimensions or in relation to possible product accessories. Therefore, such images must be intended as indicative and with tolerances.
With the aim of the improvement of the purchase contract of one or more Products, the consumer will have to fill out the ordering form in electronic format and transmit it, following the relative instructions, to F.LLI BONCI S.R.L.
Correct receipt of order is confirmed by F.LLI BONCI S.R.L. via e-mail, sent to the e-mail address communicated by the Customer. Such confirmation message will provide a “Order Number”, meant to be used in every additional communication with F.LLI BONCI S.R.L.
To ask for the modification or cancellation of the order already sent is possible by contacting the customer service via mail at the address firstname.lastname@example.org, or by calling the telephone number 3386445429, ALWAYS indicating the order reference number. F.LLI BONCI S.R.L. reserves the right to proceed with the modification and/or cancellation requested. By any chance it is possible to cancel and/or modify the orders already shipped.
- PRICES AND METHODS OF PAYMENT
All the prices present on the website are to be considered public prices and, therefore, with tax included.
F.LLI BONCI S.R.L. reserves the right to modify the prices at any moment, without notice, specifying that the price charged to the customer is the one indicated on the website at the moment of the transmission of the order. This price will not be affected by possible variations (increased/reduced) placed after the transmission of the same order.
Customer may choose between these methods of payment:
Selecting paypal payment, the customer will be redirected to a Paypal website page where they will be asked to insert their e-mail address, password and make the payment.
Customer financial data will not be shared with F.LLI BONCI S.R.L., but they are directly handled by Paypal.
In case of cancellation of the order or non-acceptance by F.LLI BONCI S.R.L., the amount will be refunded on the customer paypal account. F.LLI BONCI S.R.L. is not responsible for delays and/or damages caused during the refund process.
Credit card payment
If choosing to pay by credit card, the User’s bank will arrange to authorise payment for the purchase made. In case of cancellation, F.LLI BONCI S.R.L. will ask for the transaction to be cancelled and a refund of the reserved amount. Refund times depend exclusively on the banking system in question. Once the transaction has been cancelled, F.LLI.BONCI S.R.L. can accept no liability whatsoever for delays and/or damages caused by the banking system. F.LLI.BONCI S.R.L. reserves the right to request that the User provide additional information or send copies of documents proving ownership of the card utilised. In case of failure, F.LLI.BONCI S.R.L. shall be entitled to refuse to proceed with the transaction. F.LLI.BONCI S.R.L. is not privy to personal information about the cardholder at any time during the credit card purchase procedure since such information is forwarded directly to the website of the Bank handling the transaction. Processing takes place in a safe and secure mode.
Under no circumstances, therefore, F.LLI.BONCI S.R.L. can be considered responsible for possible fraudulent and improper use of credit and pre-paid cards by third parties.
6- SHIPPING METHODS OF PRODUCTS
F.LLI.BONCI S.R.L. can accept order with delivery in Italy and in the following foreign countries.
Europe: Austria, Belgium, Bulgaria, Czech Republic, Croatia, Denmark, Estonia, Finland, France, Germany, Greece, Ireland, Latvia, Lithuania, Luxemburg, Malta, Monaco, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain (51 of 52 provinces) Sweden, Hungary.
Extra Europe: Israel, Albania, Bosnia and Herzegovina, Gibraltar, Guernsey, Island, Liechtenstein, Montenegro, Norway, United Kingdom, Canada, Switzerland, United States of America, Turkey.
Asia: China, South Korea, Hong Kong, Japan, Cambodia, India, Indonesia, Laos, Malaysia, Maldives, Mongolia, Myanmar (Burma), Nepal, Russia, Sri Lanka, Thailand, Vietnam, Yemen, Singapore.
Purchase orders will be delivered at the address indicated by the customer in the order by the date shown in the same shipment confirmation.
Delivery times of the orders vary depending on the order processed by the customer (for ex. if the goods are available at the producer) and by the delivery methods considered for the same.
In Italy delivery times are around 2-3 working days; whereas, for Europe the customer has the possibly to choose between two different shipping methods: standard with gls (3-6 working days) or express with dhl (2-4 working days). For the remaining countries shipments will be delivered with dhl with different timing according to the country.
Delivery times, before indicated, are merely indicative and are certainly not binding for F.LLI BONCI S.R.L., the same could suffer variations for force majeure or due to traffic conditions and viability in general o for Authorities act, as well as possible delays due to the carrier. Therefore, F.LLI BONCI S.R.L. has no responsibility in case of delay in the processing order or delivery of the goods.
F.LLI BONCI S.R.L. uses only partnered couriers which offer the best ratio service/price for the destination involved, ensuring to its customers the best ratio shipping service and cost of the same.
Shipping cost will be calculated by the system according to the destination.
In Italy there is free shipping for the orders above 90 euros of purchase; whereas if they do not reach such figure have a cost of 8 euros. A customer, who processes more orders, shipped to different addresses, below 90 euros of purchase, cannot benefit from free shipping. Abroad the costs vary according to the country of destination and for Europe also for the shipping methods (standard or express) chosen by the customer when processing the order.
7- RECEIVING GOODS
When receiving goods, customer must check:
-that the number of packages in delivery corresponds to what specified in the document of transport received.
-that the packaging is intact, not damaged, nor wet or broken and with seals intact;
-that materials of closing different from mechanical scratches or tapes with our brand have been used. Possible external damages or the missing correspondence with the number of packages or instructions must be immediately notified to the courier signing the lettering “ACCEPTED UNDER RESERVES FOR…” (indicate the reason) on the delivery document received from the courier or other operator.
The customer should immediately advise F.LLI BONCI S.R.L. of possible damages, sending a picture of the wreckage, indicating the number of the lot and general features of the product to the customer service at the telephone number 3384445429 or via mail at email@example.com.
8-RIGHT OF WITHDRAWAL AND LEGAL GUARANTEE OF CONFORMITY
According to art. 59, lett. d) and e) of Consumer Code Legislative Decree 205/06, food products, delivered with regular expiring date, are excluded from the right of withdrawal because its features are subjected to alterations also due to a no-proper conservation after the delivery.
F.LLI BONCI S.R.L. products are edible goods given in sealed containers which are at risk of deterioration and of expire. For hygienic reasons connected with health, therefore, it is not possible to demand the right of withdrawal.
In case the Customer has received a wrong package or damaged has the burden of proving such possible problems and the no-conformity by and no further two months from the discovery if he has the quality of Consumer (if they are not consumer, by and no further eight days from the discovery) -this is possible only if it not about products which for their nature are perishable or subject of a close expiration date. In such event the defect must be demanded by such reduced time limit.
The Customer has to communicate the damage provoked promptly contacting the customer service via mail at the address firstname.lastname@example.org, o by calling the telephone number 3386445429.
The customer cannot benefit the right of withdrawal in case F.LLI BONCI S.R.L. verifies:
-Usage, even partial, of the goods and possible consumables;
-Absence of external packaging and/or original packaging inside;
-Absence of basic product elements (various accessories);
-Damage of the product not due to the transport;
-Purchase of the order at another reseller. It will be competence of the reseller to a possible return after the necessary checks.
9-CUSTOMER SERVICE AND COMPLAINTS
It is possible to ask information, send communications, ask copies of files (invoices, documents of transport, etc..), modify personal data, ask for assistance or send complaints via mail at the address email@example.com, or by calling the telephone number 3386445429.
10- GOVERNING LAW AND JURISDICTION
The following General Conditions of Sale are disciplined by Italian Law and will be interpreted according to it.
The application to the consumer who do not have permanent residence in Italy is reserved from the dispositions, possibly more favourable and mandatory provided by the Law of the Country where they have their habitual residence.
For any controversy emerging from the application, execution and interpretation of the following General Conditions of Sale is exclusive competence of the Court of Arezzo, in case the Customer has placed the order for purposes related to business, commercial, professional or handcrafting activities.