Terms of sales
1) APPLICABLE TERMS AND CONDITIONS.
1.1 These terms and conditions govern the sale and supply of pastries, baked goods or food products (hereinafter the “Products”) made by L’Atelier Biasetto S.r.l., a company headquartered in Via Jacopo Facciolati, n. 12 – 35126 – Padova (PD) Italy, Taxpayer’s/VAT registration number 04252630282 (hereinafter “Biasetto”) through the site https://pasticceriabiasetto.it/negozio (hereinafter the “Site”) to natural persons (hereinafter “You”) who purchase the Products as consumers. By submitting an order, you are accepting these terms and conditions of sale. In order to purchase Products from the Site, you must be of legal age.
1.2 These terms and conditions can be downloaded from the Site via the “terms of sale” link. Biasetto may edit these terms and conditions in the future: check the Site from time to time for posts giving updates.
1.3 These terms and conditions are not prejudicial to your consumer rights and actions as contemplated by the Italian “Consumer Code” (legislative decree (D.Lgs.) no. 206 of 6.9.2005 and its amendments), more specifically, Section II thereof.
2) ORDER PROCEDURE.
2.1 In order to submit an order, you must register on the Site via the relevant registration procedure. Registration is free of charge. To register on the Site, you must fill out the relevant form, entering your first name, surname, address, telephone number, email address and a password. Once you have registered on the Site, a confirmation email will be sent to the email address you have provided. Registration on the Site allows you to perform the following activities, amongst others, via a personal restricted area: track order progress; check your order history; access customer support; manage your personal details and edit them at any time; use dedicated services that Biasetto may enable from time to time.
2.2 Products displayed in the Site’s virtual showcase are available for you to purchase; to purchase a Product, you will need to submit an order following the procedures given herein. The order will be deemed a proposal to enter into an agreement with Biasetto, who reserves the right to accept or reject it once the company has checked your conditions or whether it has the Products in stock.
2.3 Next to each Product posted on the Site, Biasetto indicates whether it is (i) in stock; (ii) not in stock; (iii) customizable. The Products “in stock” description is not binding, while it is understood that Products marked “not in stock” are not available for order. In the event a Product marked as in stock becomes unavailable when you submit the order, Biasetto undertakes to advise you roughly when the Product(s) in question are expected to be back in stock with a subsequent email, and will refund any sums of money that may have been received from you in the meantime.
2.4 In the event the Product is marked as “customizable”, it means said Product can be changed/adapted/customized to your specific requirements. In this case, you must specify your requirements in the relevant space when you submit the order. Once the order confirmation has been sent, Biasetto will email you to let you know the estimated shipping date for the customized Product.
3) ENTRY INTO THE AGREEMENT.
3.1 If checks reveal that everything is in order, Biasetto will email you an order confirmation summarizing all the order-specific terms and general terms and conditions of sale. The sales agreement is only finalized and only comes into effect once you receive the order confirmation from Biasetto.
4) PRODUCTS.
4.1 The characteristics (including any allergens contained) and price of the various Products for sale on the Site are given on the relevant Product page for each. Whatever the case, it is your responsibility to advise Biasetto, on submitting the order, or by emailing produzione@pasticceriabiasetto.it, whether you have any allergies or health issues.
4.2 Variable-weight Products are products whose actual weight is only determined when they are actually made and, consequently, the Site only gives approximate prices and weights for said Products. The actual weight of said Products may be up to 20% more or less than the weight given as an approximate guide on the Site and, therefore, the weight and actual amount determined at the time of the order may differ from the weight and amount calculated when the Product is ready for shipping.
4.3 The visual representation of the Products on the Site, where available, usually consists in a photographic image accompanying the fact sheet. Please be advised that the image of the actual Products is intended only as a presentation tool for sales purposes and may not be entirely representative of their characteristics and qualities, and may deviate from the actual Product in colour and size. The packaging the Products come in may not match that shown on the Site in the event the producer has made changes to the packaging, and this is therefore beyond Biasetto’s control. In the event of a discrepancy between the image and the Product’s written fact sheet, always refer to the description on the product fact sheet.
5) PRICES AND PAYMENT METHODS.
5.1 Product prices are clearly indicated on the Site and, unless otherwise specified, are inclusive of VAT. The shipping cost (again indicated on the Site) varies based on the order and destination and must be added to the product price.
5.2 For the reason set out in section 4.2 above, the actual amount to be paid determined when the Product is ready to ship may differ from the amount calculated at the order stage in the event the order contains variable-weight Products, or in the event one or more of the products ordered is no longer available on the shipping date. You will be advised of the exact amount of the purchase, where it contains variable-weight Products, with the delivery docket and will be charged the amount only at the time of delivery. For variable-weight Products, should the price exceed by more than 20% the amount you were advised when the order was accepted, Biasetto will cover the excess.
5.3 Payments can be made using one of the following methods: (i) Online with PayPal; on accepting the order, Biasetto will reserve the amount — as indicated on the order confirmation — on the credit card you have given.
5.5 If you are VAT registered, you will be able to ask for an invoice to be issued by checking the relevant box during the order procedure and entering your invoicing details, to include your taxpayer’s and/or VAT registration number. In this case, we will send you the invoice as required by law, as well as emailing a copy to the address you have given. If you are VAT registered, you are responsible for entering your invoicing details correctly. Please also note that, if no invoice is requested at the order stage, you will not be able to request it at a later date. If you ask for an invoice to be issued and/or you are not a “consumer or user” as defined under the Italian Consumer Code — art. 3, paragraph 1, letter a) — then the money back guarantee provisions as set out in article 10 below, as well as all other provisions that, according to the above-mentioned Consumer Code, apply only to “consumers, will not apply to you.
6) DELIVERY TERMS.
6.1 Biasetto ships Products through specialist carriers engaged by Biasetto itself, and only delivers to addresses in Europe. Products purchased on the Site will be delivered to the address you gave during the purchase procedure.
6.2 The delivery time frames given on Biasetto’s Site are approximate and given as a rough guide only based only on whether goods are in stock, on standard order processing, and on the delivery time frames given by the carriers, and are not binding on Biasetto in any way. Whatever the case, Products will be delivered within 30 days of notification of the agreement being entered into, in accordance with art. 61 of the Italian Consumer Code.
6.3 You or a person appointed by you who must be suitable and authorized — taking into account the nature of the Products ordered — to receive the delivery must be present for delivery; you hereby explicitly relieve Biasetto of any liability in this regard. The Products will not be handed over in the event either you or the person you have appointed is clearly unsuitable to collect the Products on age grounds. Couriers do not deliver to PO boxes or leave Products in letterboxes or other such places.
6.4 The persons — either you or other persons (if any) you have appointed — present at the address given for delivery of the Products are required to check, at the time of delivery, that: (i) the Products match those given on the courier’s packing list in both quantity and type; (ii) the Products’ box/packaging is intact, undamaged, is not wet or warped in any way, including any materials used to seal the packaging. You must report any damage to the Products’ box/packaging immediately by writing a note on the courier’s delivery note to the effect that your acceptance is subject to further inspection. Please note that, once you have signed the courier’s document without indicating any concerns, you are no longer entitled to submit a claim to Biasetto based on the exterior state of the goods delivered.
6.5 Ownership of the Products passes to you on delivery, and the risk of Product loss or damage also passes to you on delivery, that is when you, or a third party appointed by you, takes physical possession of the Products.
7) PRODUCT WARRANTY.
7.1 All Products sold on the Site are covered by the statutory warranty as required by the Italian Consumer Code (articles 128-135).
7.2 Biasetto is responsible for any lack of conformity that exists at the time the Product is delivered or becomes apparent within two years of said delivery, except where the Product has been consumed in the interim.
7.3 If a Product purchased features a lack of conformity, you are required to advise us within two months of the date the defect was detected, otherwise the warranty will no longer be valid. In order to exercise your rights under the statutory warranty, you must produce the order confirmation or purchase invoice, where requested, or other any other document that attests to the date of purchase (for example, credit card statement or bank statement) and date of delivery.
7.4 The statutory warranty does not cover any Product faults resulting from accidental events or situations for which you are responsibility, such as poor or unsuitable storage of the Products.
7.5 In case of a lack of conformity duly reported within the stated time frame, you are entitled: (i) in the first instance, to have the Product replaced free of charge, at your discretion, unless the remedy requested is impossible to implement or disproportionately more expensive than the other option, bearing in mind, above all, that these are perishable food products; (ii) in the second instance (namely, in the event replacement is impossible or disproportionately expensive), to your choice of a reduction in the price or termination of the sale.
7.6 If you make the purchase using a VAT registration number, this will be construed as you not qualifying as a consumer for the purposes of the statutory warranty. If you make the purchase as a VAT-registered user, you will still be covered by warranty against defects in sold goods as set out under the Italian Civil Code.
7.7 In the event of defects in conformity affecting Products sold by Biasetto, you are required to contact our Customer Support without delay following the procedures given in article 11 below.
8) ERRORS AND LIMITATIONS OF LIABILITY
8.1 The information on Products provided through the Site is constantly updated. Nonetheless, we cannot guarantee the complete absence of errors, for which Biasetto cannot therefore be deemed responsible, except in the case of intent or gross negligence.
8.2 Biasetto reserves the right to correct errors, inaccuracies or omissions even after an order has been sent, or to change or update information at any time without prior notice, while this will not affect your rights under these terms and conditions and the Italian Civil Code.
8.3 Except in the case of intent or gross negligence, you shall not be entitled to claim compensation for damage or a refund of any kind, or any contractual or extracontractual liability for injury and/or damage to property, whether direct or indirect, as a result of non-acceptance of or failure to dispatch an order, either in full or in part.
9) MONEY-BACK GUARANTEE.
9.1 For the intents and purposes of art. 59 letter d) of the Italian Consumer Code, the money-back guarantee does not apply to fresh Products that are at risk of deteriorating and expiring within a short period time. For the intents and purposes of art. 59 letter c) of the Italian Consumer Code, the money-back guarantee does not apply to customized Products or Products that you have had made to order.
9.2 In all other cases, where you qualify as a consumer, you are entitled to the money-back guarantee, without any penalties and without being required to give a reason, within fourteen days of receiving the Products (or, in the case of multiple goods ordered with a single Order but delivered separately, from the day you or a third party appointed by you, other than the carrier, takes physical possession of the last item).
9.3 In order to exercise your right to the money-back guarantee, you are required, within the time frame given in the point above, to advise Biasetto of your decision by sending written notification within 14 days of receiving the Products to the following address:
– L’Atelier Biasetto S.r.l., based in Via Jacopo Facciolati, no. 12 – 35126 – Padova (PD) Italy
Said notification may also be sent by email addressed to: produzione@pasticceriabiasetto.it. You can use the form accessed via this link
9.4 In the event you wish to claim the money-back guarantee, you are required to return to Biasetto the Products you have received, sending them to its headquarters at the address given above, without undue delay and, whatever the case, within fourteen days of the date you notified Biasetto of your decision to claim the money-back guarantee; you are deemed to have fulfilled this requirement in the event you return the Products before the fourteen-day period is up.
9.5 Products must be returned at your expense.
9.6 You are required to return Products in their original condition. Products must be packed carefully in order to avoid damaging or getting writing or labels on the original packaging. You will be responsible for any decrease in the value of the goods as a result of any handling other than that required to determine the nature, characteristics or functioning of said goods.
9.7 Where the money-back guarantee has been claimed in compliance with the above-mentioned terms, Biasetto shall refund all payments received for the order to which the money-back guarantee applies within fourteen days of receiving notification of the money-back guarantee claim and using the same payment method you used for the initial transaction where this does not involve costs for you relating to the refund. Nonetheless, Biasetto will be entitled to hold off on paying the refund until it has received the Products, or until you have shown that you have sent the Products back, whichever comes first.
10) APPLICABLE LAW AND JURISDICTION. ALTERNATIVE SETTLEMENT OF DISPUTES.
10.1 These terms and conditions, or orders sent under these terms and conditions, are subject to and shall be construed in accordance with the laws of Italy.
10.2 Any disputes that arise out of or in connection with the interpretation and/or performance of these terms and conditions and of orders issued under said terms and conditions shall be submitted to the exclusive jurisdiction of the court in your place of residence in the event you qualify as a consumer and live in Italy; in all other cases, the parties shall submit to the exclusive jurisdiction of the court of Padua, Italy (Foro di Padova), with no other court being of competent jurisdiction.
10.3 If you are a consumer living in the European Union, you should be aware of the fact that the European Commission has set up an online platform that provides a tool for the alternative settlement of disputes. European consumers can use this tool to settle out of court any dispute relating to and/or arising out of sales agreements entered into online covering goods and services. Consequently, and without prejudice to the foregoing provisions of this article 10, if you make a purchase as a consumer, you can use this platform to settle any dispute arising out of the online agreement you have entered into with Biasetto. The platform can be reached via this link: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage.
11) CONTACT DETAILS.
11.1 For further information and help on/with the Site and on/with shopping procedures on the Site or on/with orders, you can contact Biasetto through our customer support by emailing: produzione@pasticceriabiasetto.it.
