Terms of Sale
1. Definition and subject of the contract
• 1.1 – This contract (“Contract”) constitutes a distance contract pursuant to Articles 50 and following of Legislative Decree No. 206 of September 6, 2005 (“Consumer Code”). It governs the sale of confectionery products by Pasticceria Cardenà di Ripani Matteo with registered office in Monte Urano (FM), Via Papa Giovanni XXIII 15, VAT number 02577580448, tax code RPNMTT85H29D542V, C.F. RPNMTT85H29D542V, (hereinafter “IDB”) to the consumer (the “Customer”).
• 1.3 – The submission of the order by the Customer implies full acceptance of these General Terms and Conditions of Sale.
2. Sales prices
• 2.1 – The prices of products published on the Website and/or through other distance selling channels are expressed in euros and are inclusive of VAT and any other applicable taxes.
2-Bis Product information
• 2-bis 1 – Pasticceria Cardenà ensures that the information relating to food products, as required by current legislation, is made available to the Customer directly on each product page before the order is completed. This information includes the list of ingredients, allergens, expiry date or minimum storage life and storage methods. The Customer is required to consult this information before proceeding with the purchase. Pasticceria Cardenà accepts no responsibility for allergic reactions or intolerances to ingredients clearly indicated in the product description.
3. Purchase and payment methods
• 3.1 – The sales contract shall be considered concluded when Pasticceria Cardenà sends the Customer an order confirmation email. This email will contain the Customer’s details, the order number, the price of the goods purchased, the shipping costs and the delivery address to which the goods will be sent.
• 3.2 – Orders are normally processed within 3 working days from the receipt of the summary email. During peak periods (e.g., promotions, Black Friday, holidays), processing and shipping times may be delayed.
• 3.3 – Payments can be made through the systems available on the Site, including PayPal and Credit Card.
3-bis. Product availability
• 3-bis.1 – The availability of products indicated on the site refers to the actual availability at the time the Customer places the order. However, this availability should be considered purely indicative as, due to the simultaneous presence of multiple users on the site, products could be sold to other Customers before the order confirmation.
• 3-bis.2 – In case of sudden stock depletion, Pasticceria Cardenà will promptly inform the Customer offering alternatively: replacement with an equivalent product, waiting for restocking, order cancellation with refund, or cancellation of the individual item.
• 3-bis.3 – No responsibility can be attributed to Pasticceria Cardenà for the temporary unavailability of one or more products.
4. Product delivery – complaints
• 4.1 – Pasticceria Cardenà delivers exclusively within Italian territory, to the address indicated by the Customer. Standard delivery times are 3 (three) working days. During peak periods (Black Friday, Christmas, Easter, and similar), delivery times may be extended compared to standard timeframes. In case of delays attributable to the courier, the Customer may exercise the rights provided in point 4.4.
• 4.2 – Shipping costs are indicated during checkout. Shipping is free for orders over € 120.00.
• 4.3 For any complaints regarding service inefficiencies (e.g., delivery delays not due to force majeure), the Customer can contact Customer Care at info@pasticceriacardena.it, preferably within 14 days of receiving the order. This is without prejudice to the legal terms provided for reporting product non-conformity, as specified in Article 5.
• 4.4 – In case of late delivery exceeding 3 working days attributable to the courier, the Customer may, within 24 hours of being notified of the delay:
o refuse delivery with return of the package to Pasticceria Cardenà at the company’s expense;
o accept delivery and agree with Customer Care to obtain a discount code to be used for a subsequent purchase.
5. Product warranty
• 5.1 – All products sold by Pasticceria Cardenà are covered by the Legal Guarantee of Conformity provided for in Articles 128 et seq. of the Consumer Code.
• 5.2 – A lack of conformity exists when, at the time of delivery, the product: a) does not conform to the description or does not possess the qualities presented; b) is not suitable for food use; c) does not have the usual quality and performance of a good of the same type. Examples of defects in conformity include: products with an expiry date that has passed at the time of delivery, altered products (e.g. presence of mould), presence of foreign bodies, packaging damaged in such a way as to compromise the integrity and safety of the product, non-compliance with the declared ingredients or allergens.
• 5.3 – The Customer has the obligation to report the lack of conformity within two months from discovery. For food products, given their nature, it is presumed that the discovery of the defect occurs, unless proven otherwise, at the time of opening the package or in any case within a short period after delivery.
• 5.4 – In the event of a lack of conformity, the Customer is entitled to have the product replaced free of charge. If replacement is impossible (e.g. product no longer in production) or excessively costly, the Customer is entitled to a price reduction or termination of the contract.
• 5.5 – To activate the warranty, the Customer must contact Customer Care (info@pasticceriacardena.it), describing the defect and providing proof of purchase. To speed up the process, it is advisable to attach photographic documentation. In accordance with the precautionary principle for the protection of public health, Pasticceria Cardenà may request the return of the defective product at its own expense for the necessary analysis, offering the Customer the appropriate remedies in the meantime.
6. Right of withdrawal
• 6.1 – The Customer may withdraw from the Contract within 14 days of delivery, without penalty and without specifying the reason, by notifying Pasticceria Cardenà in writing.
• 6.2 – Products must be returned intact, unused and in their original packaging within 14 days of notification of withdrawal.
• 6.3 – In the event of a correctly exercised withdrawal, Pasticceria Cardenà will refund the Customer all payments received, including the initial delivery costs (with the exception of additional costs arising from the Customer’s choice of a type of delivery other than the least expensive standard delivery offered by us). The refund will be made without undue delay and in any case no later than 14 days from the day on which Pasticceria Cardenà is informed of the decision to withdraw. The refund may be withheld until the goods are received or until the Customer has demonstrated that they have returned the goods, whichever is earlier.
• 6.4 – The right of withdrawal does not apply to perishable goods, personalised goods or goods that have been opened after delivery.
7. Privacy and processing of personal data
The Customer’s personal data are processed by Pasticceria Cardenà in compliance with the GDPR (EU Reg. 2016/679) and Legislative Decree 196/2003, for purposes related to the execution of the contract and, with consent, for promotional purposes.
The Customer can exercise at any time the rights of access, rectification, cancellation, and opposition by sending a request to info@pasticceriacardena.it
The complete privacy policy can be found in the “Privacy Policy” section of the Site.
8. Applicable law and competent court
• 8.1 – These General Terms and Conditions are governed by Italian law.
• 8.2. For any disputes that may arise in relation to this contract, including those relating to its interpretation, validity, effectiveness, performance and termination, the court of the place of residence or domicile of the Customer shall have exclusive and mandatory jurisdiction, if the Customer qualifies as a ‘consumer’ and is located in the territory of the Italian State, pursuant to Article 66-bis of Legislative Decree 206/2005 (Consumer Code).
• 8.3. In all other cases, or if the Customer is acting in the exercise of their entrepreneurial, commercial, craft or professional activity (B2B customer), jurisdiction is exclusively assigned to the Court of Fermo.