1.1 The general Terms & Conditions of Sale (hereinafter GTCS) detailed below govern the contract (hereinafter “contract”) for the sale of products (hereinafter product or products) via the website www.brioglutenfreebakery.com (hereinafter “website”), belonging to the company Brio Gluten Free Bakery owned by Maria Giovanna Sammarro, registered office in San Martino Buon Albergo, VAT number 04260710233, Fiscal Code SMMMGV85C46A053V, purchased online by website users (hereinafter client).
1.2 Articles 7. Right of withdrawal and 8. products of the present GTCS apply only if the client qualifies as a “consumer” as per section I, Title 3, part 3, letter a) of legislative decree 206/2005 defined as “the natural person acting for purposes which are not related to his or her trade, business or profession carried out”
1.3 By transmission on a purchasing order of one or more products found on the website, you declare that you have read, understood and accepted the terms and conditions of sale.
2. GTCS Efficacy and modification
2.1 The GTCS published on the website on the date of the client’s purchase apply to all products. The client can easily store the GTCS on a durable medium and/or print it.
2.2 The GTCS can be amended at any time. Revisions and additions to the GTCS will come into force upon their publication on the website. The client is therefore compelled to periodically monitor the website for the latest updated to the GTCS
2.3 Certain sales campaigns, depending on the characteristics of the products, may be subject to specific sales conditions in addition to the present GTCS. Such specific conditions, if imposed, will be accessible and viewable in the “description” section of the relevant VETRINA through the designated link. By purchasing such products the client declares that he has read, understood and accepted the additional product specific sales conditions.
3. Sale procedure
3.1 The variety of products displayed on the website depends on availability. Payments can be made via credit card or PayPal. Charged will be made within 12 hours after the client has confirmed the order.
3.2 In case of multiple orders, each product purchased will be subject to an individual GTCS contract. The validity of each GTCS contract is subject to the products’ availability as specified below in art. 4.2.
3.3 The essential characteristics of each product, including VAT and shipping costs, can be viewed by the client prior to completing the purchase order and making a payment. Moreover, the specific product features can be viewed by accessing the product’s technical sheet. Brio Gluten Free Bakery of Maria Giovanna Sammarro will, where possible, publish, along with the product’s description and characteristics, relevant photos and/or videos of the product with the sole purpose of providing a depiction of the product.
3.4 Upon receipt of the purchase order, Brio Gluten Free Bakery of Maria Giovanna Sammarro will forward the client an order invoice containing a summary of the details related to the sale and will then execute the purchase order except as provided for in art.4.2
3.5 The prices shown on the website don’t include, where different from Italy, eventual product/service taxes, duties and levies applicable in the destination country. Such costs, which vary from country to country, are borne exclusively to the client, who takes full responsibility for verifying their amount with the local customs authorities.
4. Rights and Duties of Brio Gluten Free Bakery of Maria Giovanna Sammarro
4.1 Brio Gluten Free Bakery of Maria Giovanna Sammarro, except as provided for in art.4.2, commits to delivering the products to the address provided by the client in the purchase order or, if agreed, to do so through the carrier in charge of delivering the product. Brio Gluten Free Bakery of Maria Giovanna Sammarro cannot be held responsible for any delays in the delivery of products to the client. Delivery is done by express courier; PO boxes are not considered valid delivery addresses.
4.2 Brio Gluten Free Bakery of Maria Giovanna Sammarro holds the right to inform the client, within 15 days of purchase to the email address provided by the client, of eventual non-availability of one or more of purchased goods. In such case, Brio Gluten Free Bakery of Maria Giovanna Sammarro, will provide a full refund (on the credit card, bank account or PayPal used to make the purchase). Exclusively if proposed by Brio Gluten Free Bakery of Maria Giovanna Sammarro and in agreement with the client, Brio Gluten Free Bakery of Maria Giovanna Sammarro can send a different product, amounting to the same price, to what the client initially ordered.
4.3 The prices of the products sold on the website include VAT and are charged by the individual seller. Buy-me holds the right to make changes to prices in any given moment. Possible price changes will not be applied to clients who had already placed an order.
5. Rights and Duties of the client
5.1 The client is solely responsible for the truthfulness and accuracy of the information and details given to Brio Gluten Free Bakery of Maria Giovanna Sammarro and, if registered, commits to immediately communicate eventual variations in the details provided through the “My Account” section on the website
5.3 The client, upon confirmation of the sale order
- a) confirms to have read, understood and agreed with the GTCS
- b) confirms the truthfulness of the details provided and declares to be of legal age
- c) authorises Brio Gluten Free Bakery of Maria Giovanna Sammarro to process personal data, communicated upon making a purchase, according to General Data Protection Regulation.
5.3 The client commits to, once the purchase procedure has been concluded, to save a digital and printed copy of the contract and the GTCS and to store and keep them as indicated in at. 2.1.
5.4 A summary of the order and of the purchased products will be automatically sent to the client via email upon completion of the purchase order.
5.5 At the time of delivery, the client must check, in the presence of the courier:
- a) that the quantity and type of products ordered correspond to what is outlined in the delivery note,
- b) that the packaging used for transport is not damaged, wet or altered even if only in the closing material.
- c) that the quantity and type of products received are the same as what was ordered.
Eventual anomalies or differences in the order must be immediately notified to the courier at the time of delivery, through the designated delivery note
5.6 For support or claims regarding purchased products, the client can contact Brio Gluten Free Bakery of Maria Giovanna Sammarro, at the address provided in the “CONTACT US” section of the website.
6.1 Brio Gluten Free Bakery of Maria Giovanna Sammarro is not liable for issues experienced by the client when using the website or related technologies even if such issues are out of the client’s control. For example:
- a) errors, delays or inability for the client to access the website when making a purchase on the website
- b) errors, delays or inability to receive, on the client’s part, messages and notices from Brio Gluten Free Bakery of Maria Giovanna Sammarro regarding the sale of the products.
7. Right of Withdrawal
7.1 The client has the right to withdraw from the contract without any fines and without specifying the motivation for doing so, no later than 14 (fourteen) days from the date the order was received at the provided address of delivery. The delivery note is absolute proof of the date of delivery.
7.2 The client can exercise his/her right to withdraw from the contract by informing Brio Gluten Free Bakery of Maria Giovanna Sammarro before the 14 day deadline by an unequivocal statement to be sent via post (the postmark will serve as proof) to Brio Gluten Free Bakery of Maria Giovanna Sammarro, Piazzetta Napoleone, 10 San Martino Buon Albergo 37036 (VR), stating the name and surname, order number, date of the order and date of delivery. Brio Gluten Free Bakery of Maria Giovanna Sammarro will inform the client in case of the impossibility to withdraw from the contract in for cases mentioned in art. 7.5 For your convenience, it’s possible to download a withdrawal template form, according to the provisions of lett.h comma 1, Dlgs. 21 February 2014, n. 21
7.3 If the client decides to exercise his right to withdraw from the contract, he/she must return the product to Brio Gluten Free Bakery of Maria Giovanna Sammarro. For this purpose please note that: The deadline for returning products is 14 (fourteen) days from the date the client informed Brio Gluten Free Bakery of Maria Giovanna Sammarro of their intention to withdraw from the contract. The product is considered returned upon its delivery to the post office or other accepting carrier; full integrity of the product is an essential prerequisite to exercise the right to withdraw; all return costs (shipping and packaging costs) to Brio Gluten Free Bakery of Maria Giovanna Sammarro are borne by the customer, who will have to appropriately package and ship the product; Brio Gluten Free Bakery of Maria Giovanna Sammarro does not accept returns for damaged goods, but only for goods that are in perfect conditions. The client will have to insert the delivery note inside the parcel.
7.4 Should the client exercise the right of withdrawal in compliance with the abovementioned instructions, Brio Gluten Free Bakery of Maria Giovanna Sammarro will refund the amount the customer paid for the purchase of the products. The client will be refunded, free of charge, within 14 (fourteen) days of the date in which Brio Gluten Free Bakery of Maria Giovanna Sammarro has received his/her request to withdraw from the client, through the same payment method used to purchase the goods. Brio Gluten Free Bakery of Maria Giovanna Sammarro will hold the amount to be refunded until goods have been returned. The client is solely responsible for any devaluation of the products caused by mishandling that alters the nature, characteristics and functioning of products. Brio Gluten Free Bakery of Maria Giovanna Sammarro does not accept responsibility for possible delays in payments dependent on the relevant banking institution, PayPal or type of card used.
7.5 as per article 59 co.1 Legislative decree. 6 september 2005 n. 206 (Consumer Code) it’s not possible to exercise the right of withdrawal, among others, in the following cases:
- for tailor made or clearly personalised products;
- for products that, by nature, cannot be returned as they may deteriorate or expire rapidly;
- for products that cannot be returned for hygiene reasons or that are used to safeguard consumers’ health and that were opened after delivery.
The right of withdrawal is applied to the entire purchased product; as such, should the product be composed of a number of components or parts, the right of withdrawal cannot be exercised on a selection of the purchased product’s parts.
8.1 The product descriptions present on the website correspond with what’s provided by suppliers. The products’ images and presentation videos used to showcase and describe the products are published on the website for illustrative purposes only. Please note that the quality of the images (for example in terms of the exact appearance of colours) can depend on software of other IT tools used by the client when accessing the website. The responsibility of all products sold lies with the manufacturer, who is also responsible for the truthfulness and thoroughness of information displayed on the packaging.
8.2 In case of a lack of conformity in products sold by Brio Gluten Free Bakery of Maria Giovanna Sammarro, the client will have to immediately contact Customer Services. Legal guarantees mandated by articles 129, 130 and 132 of the Consumer code are applied to all products sold. The client has the right to, should he/she with to, and as long as the type of product allows it, to exchange or repair the product, receive an appropriate discount or to dissolve the contract. The client automatically loses such rights if he does not report the products’ lack of compliance within two months after the date in which he/she discovered the defect, as long as the product isn’t by nature perishable or subject to expiry in a shorter time period, in which case the defect will have to be reported by such time period.
9. Applicable law and jurisdiction
9.1 The present GTCS, their validity, interpretation and execution are regulated by the italian law.
9.2 For civil disputes, if the consumer is a natural person acting for purposes which are not related to trade, his or herbusiness of profession, the binding local jurisdiction belongs to the judge residing in the place of residence of domicile of the consumer, if both parties reside within the state. In all other case exclusive competence will go to the Court of Verona