Terms of sale

1. Background

  1. These General Terms and Conditions of Online Sales (hereinafter the “GTC”) govern the contract (hereinafter the “CONTRACT”) for the sale of products (hereinafter the “PRODUCT” or the “PRODUCTS”) on the website www.pansucchio.it/shop (hereinafter the “SITE”), owned by the company ALBA DOLCIARIA SNC di FIORENTINI ERMANNO E C. with registered and administrative office in via IGINO GARBINI 100, 01100 Viterbo P.IVA e C.F. 00697110567 purchased electronically by users of the SITE (hereinafter the “CUSTOMER”).
  2. Articles 7. Right of withdrawal and 8. Products of these GTC will apply only and exclusively if the CUSTOMER qualifies as a “consumer” within the meaning of Art. 3, co. 1, lett. a), of Legislative Decree No. 206 of September 6, 2005, namely “the natural person acting for purposes unrelated to the entrepreneurial, commercial, craft or professional activity possibly carried out.”
  3. CUSTOMER’S submission of an order for the purchase of one or more SITE PRODUCTS signifies CUSTOMER’S acceptance of these GTC.

2. Effectiveness and modification of the GTC

  1. The GTC applicable to the sale of the PRODUCTS shall be those published on the SITE on the date of the order of the PRODUCTS. The CUSTOMER may easily store on a durable medium and reproduce in hard copy by printing these GTC.
  2. The GTC may be amended and any changes and/or additions will be in force from the time of their publication on the SITE. The CUSTOMER is therefore required to periodically check the publication of the most up-to-date GTC.
  3. Some sales campaigns, depending on the specificity of the PRODUCTS, may be subject to special conditions of sale in addition to these GTC. Such special conditions if any will be accessible and viewable in the “description” section of the specific storefront through the appropriate link. By purchasing the PRODUCT of such sales campaigns, the CUSTOMER accepts, in addition to these GTC, the relevant special conditions.

3. Sale procedure

  1. The offer of PRODUCTS presented on the SITE is subject to their actual availability. Payment can be made by PayPal. The charge will be made within 12 hours after CUSTOMER sends the order confirmation.
  2. In case of multiple orders, as many CONTRACTS shall be deemed entered into as there are PRODUCTS ordered. The effectiveness of each CONTRACT is subject to the actual availability of the PRODUCT, as specified in Article 4.2 below.
  3. The essential characteristics of the PRODUCTS, including the price including VAT and shipping costs, are viewable and knowable by the CUSTOMER at a time prior to the conclusion of the CONTRACT and the making of payment. In particular, the essential characteristics of the PRODUCTS are viewable by accessing the PRODUCT data sheet itself, the description and characteristics of the PRODUCT. ALBA DOLCIARIA SNC will also publish, if possible, photographs and/or videos for the sole and exclusive purpose of providing a representation of the PRODUCT.
  4. Once the purchase order has been received, ALBA DOLCIARIA SNC will send the CUSTOMER a receipt of the order containing a summary of the information relating to the sale and will proceed with the processing of the purchase order, subject to the provisions of Article 4.2 below.
  5. The prices indicated on the SITE do not include any taxes, duties and duties applicable in the country of destination of the products and/or services where this is different from Italy. These costs, which differ from country to country, are the responsibility of the CUSTOMER, who is responsible for verifying the amount with the competent customs authorities.
  6. The seller assumes the obligation to get the shipment started in the time window of December 10 to 15, but does not assume responsibility for the arrival time of the products at their destination, as a fact attributable to the carrier’s delivery time.

Likewise, ALBA DOLCIARIA SNC will not be able to guarantee Christmas Day delivery in the event that orders are received later than 20 days before Christmas Day.

4. Seller’s Rights and Obligations.

  1. ALBA DOLCIARIA SNC, subject to the provisions of art. 4.2 below, undertakes to ship the PRODUCTS to the address communicated by the CUSTOMER in the purchase order or, if provided, through the carrier responsible for the transport of the PRODUCTS themselves. ALBA DOLCIARIA SNC cannot be held responsible for errors in the shipment due to inaccuracies or incompleteness in the compilation of the purchase order by the CUSTOMER, such as, but not limited to, errors in the indication of the address or telephone number or for any changes to the data subsequently made to the CUSTOMER. X ALBA DOLCIARIA SNC can also not be held responsible for delays in delivery attributable to the CUSTOMER. Delivery is made by express courier; P.O. Boxes are not considered valid addresses for delivery purposes.
  2. ALBA DOLCIARIA SNC reserves the right to notify the CUSTOMER, within 15 days of purchase to the email address associated with the CUSTOMER, the possible non-availability of one or more of the PRODUCTS purchased. In this case, ALBA DOLCIARIA SNC will refund (to the payment card or bank account or Pay Pal indicated by the same for the purchase) the price.
  3. Exclusively upon the proposal of ALBA DOLCIARIA SNC and upon agreement with the CUSTOMER, ALBA DOLCIARIA SNC may send a PRODUCT different from the one ordered and of equivalent value.
  4. The prices of the PRODUCTS sold on the SITE include VAT and are prices charged to the public by the individual merchant. ALBA DOLCIARIA SNC reserves the right to change them at any time. Any changes to the prices of the PRODUCTS will not, however, be effective against the CUSTOMER who has already placed an order.
  5. Seller agrees to make every effort to meet shipping deadlines, but shall in no event be held liable for any damage or inconvenience caused by any delay in delivery attributable to the carrier.

5. Rights and obligations of the CUSTOMER

  1. The CUSTOMER is solely responsible for the truthfulness and accuracy of the information and data provided to ALBA DOLCIARIA SNC, and, in case of registration, agrees to promptly notify any changes in the data entered in the “My Account” section of the SITE.
  2. The CUSTOMER, when confirming the purchase order
    a) confirms that he/she has read, understood and accepted the GTC;
    b) confirms the veracity of the data entered and that he/she is of legal age;
    c) authorizes ALBA DOLCIARIA SNC to process the personal data communicated at the time of purchase in accordance with the Privacy Policy.
  3. 3 The CUSTOMER agrees, upon completion of the purchase procedure on the SITE, to arrange for both the saving of an electronic copy and the printing of the CONTRACT and the GTC for the purpose of their preservation, as indicated in Article 2.1 above.
  4. 4 A summary of the order and products purchased will be sent to the CUSTOMER via e-mail automatically upon completion of the purchase order.
  5. 5 Upon delivery of the PRODUCTS to the CUSTOMER by the carrier entrusted with their transport, the CUSTOMER shall check, in the presence of the carrier:
    a) that the quantity and type of the PRODUCTS ordered corresponds to what is indicated in the transport document;
    b) that the packaging used for transport is intact, not damaged, wet or otherwise altered, even only in the sealing materials;
    c) that the quantity and type of the PRODUCTS delivered corresponds to what was ordered.
    Any anomalies or discrepancies with respect to the order must be objected to immediately to the carrier upon receipt of the PRODUCTS, by making a special note in the transport document.
  6. 6 For support or complaints regarding the purchased PRODUCTS, CUSTOMER may ALBA DOLCIARIA SNC at the contact details listed on the SITE under “CONTACTS.”

6. Use of the SITE

1 ALBA DOLCIARIA SNC assumes no responsibility for problems caused to the CUSTOMER by the use of the SITE and the technologies used as not dependent on its own will, such as, but not limited to:
a) errors, delays or inability to access the SITE by the CUSTOMER when carrying out the sales procedure;
b) errors, delays or inability to receive, by the CUSTOMER, communications made by ALBA DOLCIARIA SNC in relation to the sale of PRODUCTS.

7. Right of withdrawal

1 The CUSTOMER has the right to withdraw from the CONTRACT, without penalty and without specifying the reason, no later than 14 (fourteen) days after receipt of the PRODUCT at the address indicated for delivery. Full proof of receipt shall be the date shown on the shipping document.

2 The CUSTOMER may exercise the right of withdrawal by informing ALBA DOLCIARIA SNC before the expiration of the withdrawal period by an explicit statement of the decision to withdraw from the CONTRACT to be sent by mail (the postmark will be the proof) to ALBA DOLCIARIA SNC via Igino Garbini 100, 01100 Viterbo specifying full name, order number, order date and date of receipt of the PRODUCT. ALBA DOLCIARIA SNC will eventually communicate the confirmation of the inability to exercise the withdrawal in the cases provided for in art. 7.5.

For your convenience, you can download the standard withdrawal form pursuant to lett.h paragraph 1, Legislative Decree Feb. 21, 2014, No. 21

3 If the right of withdrawal is exercised, the CUSTOMER is required to return the PRODUCT to ALBA DOLCIARIA SNC. To this end, it is specified that:

  • the term for the return of the PRODUCT is 14 (fourteen) days from the date of communication to ALBA DOLCIARIA SNC of the intention to withdraw from the CONTRACT. For the purpose of calculating the term, the PRODUCT shall be deemed to be returned at the time it is delivered to the post office or other accepting carrier;
  • the substantial integrity of the PRODUCT to be returned is an essential condition for the exercise of the right of withdrawal;
  • the costs of returning the goods (including shipping, packaging and packing) to ALBA DOLCIARIA SNC are the responsibility of the CUSTOMER, who must send the PRODUCT properly packed and packaged; ALBA DOLCIARIA SNC does not accept damaged returns, but only if intact and in normal condition, kept with the use of normal diligence. The CUSTOMER must include inside the packaging box a copy of the transport document.

4 If the CUSTOMER exercises the right of withdrawal in accordance with the provisions set forth in these GTCS, ALBA DOLCIARIA SNC will refund the amounts paid by the CUSTOMER for the purchase of the PRODUCTS.
The refund will take place free of charge, within 14 (fourteen) days from the date on which ALBA DOLCIARIA SNC became aware of the exercise of the right of withdrawal by the CUSTOMER through the same method of payment used by the consumer. ALBA DOLCIARIA SNC will withhold the refund due to the CUSTOMER for the return until receipt of the PRODUCTS. The CUSTOMER is only responsible for the decrease in the value of the goods resulting from handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
ALBA DOLCIARIA SNC disclaims any responsibility for any delays in the crediting, whether depending on the banking institution, PayPal or the type of card used for payment.

  • Pursuant to Art. 59 co. 1 Legislative Decree No. 206 of September 6, 2005 (Consumer Code), it is not possible to exercise the right of withdrawal, among others, in the following cases:
  • For custom-made or clearly customized PRODUCTS;
  • for PRODUCTS that, by their nature, cannot be returned because of the risk of deteriorating or expiring rapidly;
  • for PRODUCTS that are not suitable to be returned for hygienic or health protection-related reasons and that have been opened after delivery;
    The right of withdrawal applies to the PRODUCT purchased in its entirety; therefore, if the PRODUCT is composed of several components or parts, the right of withdrawal cannot be exercised on only part of the purchased PRODUCT.

8. Products

1 The images and videos presenting the PRODUCTS accompanying the descriptive information are posted on the SITE for illustrative purposes only and are for representative purposes only, taking into account the fact that the quality of the images (e.g. in terms of the exact display of colors) may depend on software and computer tools used by the CUSTOMER at the time of connection to the SITE.

2 In case of conformity defects of Products sold by ALBA DOLCIARIA SNC the customer must immediately contact Customer Service. The legal guarantees provided by Articles 129, 130 and 132 of the Consumer Code apply to the sale of products. The customer has the right, at his choice and provided that the type of product allows it, to restore, without charge, the conformity of the product by repair or replacement, or to an appropriate price reduction or termination of the contract. The customer forfeits these rights if he does not report to ALBA DOLCIARIA SNC the lack of conformity within the term of two months from the date on which he discovered the defect, provided that it is not a product that by its nature is perishable or subject to expire in a shorter term, in which case the defect must be reported within this reduced term.

9. Applicable law and jurisdiction

1 These GTC, their validity, interpretation and execution are governed by Italian law.

2 For civil disputes in cases where the purchaser is a private individual acting for purposes unrelated to the exercise of his business or professional activity, the mandatory territorial jurisdiction is of the court of the place of residence or domicile of the consumer, if located in the territory of the state. In all other cases, the exclusive jurisdiction will be of the court of Rome.