General Terms and Conditions of Sale
These general terms and conditions of online sales (hereinafter "GCS") govern the contract of sale (hereinafter, the "Contract") of products (hereinafter, the "product" or "products") offered by Il Caramellaio di Carli Giuseppe Via Roma, 82 - 42018 San Martino in Rio (Re) P.iva 01635230350 (hereinafter, the "Seller") - through its website www.ilcaramellaio2.com (hereinafter, the "Site") to users of the site (hereinafter, the "customers" or the "customer").
These general conditions of sale are intended to refer only and exclusively to customers who qualify as "consumers" within the meaning of art. 3, paragraph 1, letter a) of Legislative Decree no. 206 of 6 September 2005, i.e. "natural persons acting for purposes unrelated to their business or professional activity", as well as persons of legal age.
All the information contained in the site is in Italian. The customer declares to have read all the above information and general conditions of sale, before placing the order.
The customer, before placing the order for the product, declares that the purchase of said product has no direct relationship with his professional activity, as their purchase is intended for personal use.
The customer also declares that he or she has the legal capacity to commit himself or herself in accordance with these general conditions.
1 - Object
The purpose of these general conditions of sale is to define the rights and obligations of the parties in the context of a distance sale of goods offered in the online shop www.ilcaramellaio2.com.
2 - Territory and supply coverage
This version of the general conditions of sale refers exclusively to sales made to consumers having their domicile or residence in Italy.
3 - Contractual documents
This contract consists of the following documents:
- these general conditions of sale
- order confirmation
The photographs illustrating the products on the site do not fall within the contractual field and are shown for descriptive purposes only.
4 - Order receipt
Any order confirmation signed by the validation click constitutes an irrevocable commitment of the customer which can only be called into question in the cases provided for in this contract under the articles "Right of withdrawal" and "Execution of the order".
5 - Order acceptance
The conclusion of the contract will take place only upon confirmation of the order by Il Caramellaio di Carli Giuseppe .
The customer will receive by e-mail a notification of receipt with the confirmation of the order with all the elements of the contract (including products ordered, prices, delivery dates, shipping costs).
The Caramellaio di Carli Giuseppe reserves the right not to confirm an order for any reason relating in particular to a product supply problem, or a problem concerning the order received.
The Caramellaio di Carli Giuseppe cannot be held responsible for errors in delivery due to inaccuracies or incompleteness in the compilation of the purchase order by the customer. The Caramellaio di Carli Giuseppe cannot be held responsible for any damage that may have occurred to the products after delivery to the carrier in charge of their transport as well as for delays in delivery attributable to the latter.
6 - Availability of the products
The offers contained in this site will be valid as long as the products listed remain online and while stocks last.
The Caramellaio di Carli Giuseppe also reserves the right to communicate to the customer, at the email address associated with his profile, any unavailability of one or more of the products purchased. In case of purchase of product no longer available The Caramellaio di Carli Giuseppe will refund (on the payment card or Pay Pal account indicated by the same for the purchase or by bank transfer whose details are to be communicated after registration) the price and shipping costs incurred by the customer.
7 - Prices - Invoice
Prices are in Euro and include 22% VAT.
The price guaranteed to the buyer is the one published on the site at the time of sending.
The prices of the products are final. They do not include any delivery costs, which will be indicated in the order confirmation. The initial price on which the discount is applied is the official list price provided by the brand.
8 - Payment
The customer who intends to proceed with the purchase of the products must express this intention through a request made directly on the site, in the dedicated section, where, following the procedures indicated therein, he will send his purchase order and make the payment.
The payment of the consideration is due from the moment the order is placed. The customer undertakes to pay the agreed price for the product ordered on the site (price of products and transport) using the available payment methods.
The customer guarantees Il Caramellaio di Carli Giuseppe to have the necessary authorizations to use the payment instrument indicated in the order.
If Il Caramamellaio di Carli Giuseppe does not receive the payment, Il Caramamellaio di Carli Giuseppe reserves the right to cancel the order. In case of payment by credit card, Il Caramamellaio di Carli Giuseppe reserves the right to request the sending, within 24 hours, of the copy of the identity document proving the actual ownership of the credit card used, it being understood that, in the absence of the requested sending, Il Caramamellaio di Carli Giuseppe may refuse the payment and cancel the order.
The payment data will be processed through a secure server-to-server connection using the SSL (Secure Sockets Layer) protocol.
9 - Transfer of risks
The transfer of risks to the customer takes place upon delivery of the products to the carrier by Il Caramellaio di Carli Giuseppe . During the withdrawal period mentioned in Article 13, the customer is responsible for the object as custodian. In case of damage or destruction of the product during the custody of the customer, the latter will suffer all the consequences.
10 - Execution of the order
The order will be executed within the terms specified on the Site and upon acceptance of the order by Il Caramellaio di Carli Giuseppe and in any case within 30 days following confirmation of the order subject to availability of the product ordered and unless specifically agreed between the parties.
In case of exhaustion of stock or unavailability of the ordered product, Il Caramellaio di Carli Giuseppe undertakes to inform the customer as soon as possible and to specify a possible period of renewed availability.
See art.6 regarding the availability of the products.
11 - Delivery
The geographical area of delivery corresponds to the geographical area of coverage of the offer. Deliveries are made from Monday to Friday.
The products are delivered to the address indicated by the customer. Delivery is to the street level unless otherwise indicated. The request for delivery to the floor of an order (where available) must be indicated by the customer at the time of final confirmation of the order. Unless otherwise specified at the time of purchase, Il Caramellaio di Carli Giuseppe does not provide the installation service for the products sold.
The Caramellaio di Carli Giuseppe, without prejudice to the provisions of art. 6, undertakes to deliver the products to the address indicated by the customer in the purchase order, through the carrier appointed to transport the same. The Caramellaio di Carli Giuseppe cannot be held responsible for errors in delivery due to inaccuracies or incompleteness in the compilation of the purchase order by the customer. Carli Giuseppe's Caramelmaker cannot be held responsible for any damage that may have occurred to the products after delivery to the carrier in charge of transporting them, as well as for delays in delivery attributable to the latter.
In the event that the carrier has been chosen by you outside of those proposed during the purchase, the risk of damage and loss of the Products is transferred to you at the time of delivery to the carrier, precluding any dispute regarding the external characteristics of what has been delivered. In this case, any dispute shall be brought directly by you against the carrier. The Caramellaio di Carli Giuseppe carries out deliveries throughout the Italian territory. Deliveries in uncomfortable postcodes (e.g. Venezia Laguna) may result in variations in the transport rates indicated.
If the customer intends to place a purchase order through the site from abroad, he must communicate a delivery address in Italy. Delivery is made by couriers selected by Il Caramellaio di Carli Giuseppe; P.O. Boxes are not considered valid for delivery purposes.
The delivery document issued by the carrier, dated and signed by the customer upon delivery of the product will constitute proof of transport and release of the goods.
Upon delivery, the customer must verify the content, conformity and condition of the product(s). Therefore, on delivery, Il Caramellaio di Carli Giuseppe recommends the customer to proceed with the verification of the state of the products delivered before signing the receipt document.
If any anomalies are found, the customer must refuse the delivery of the products or place his detailed and dated reservations in writing. These reservations must be confirmed to Il Caramellaio di Carli Giuseppe by registered letter with acknowledgement of receipt within three (3) working days following delivery of the products.
12 - Withdrawal of products in case of absence of the customer
In case of absence of the recipient during the delivery, the carrier will leave a notice of passage to the delivery address indicated by the customer. In case of absence of the consignee also at the second delivery attempt, the products must be collected at the address and in the manner indicated by the carrier.
In case of failure to collect within the deadline set by the carrier, the products will be returned to Il Caramellaio di Carli Giuseppe who reserves the right to refund the price of the products, leaving the shipping, storage and return costs to be paid by the customer.
13- Right of withdrawal
The customer has the right to withdraw from the Contract, without giving any reasons, starting from the receipt of the order confirmation sent by Il Caramellaio di Carli Giuseppe within and no later than 14 days from the receipt of the product to the address indicated for delivery.
Full proof of receipt of the goods is the date reported by the shipment tracking.
To exercise the right of withdrawal, the customer must inform Il Caramellaio di Carli Giuseppe by means of an explicit declaration (e.g. letter sent by post, fax or e-mail to be sent to firstname.lastname@example.org). For this purpose the customer may use the standard withdrawal form that the seller will send, but it is not mandatory. The communication must include details of the recipient, the order number and the date of receipt. In order to respect the withdrawal period, it is sufficient for the customer to send the communication concerning the exercise of the right of withdrawal before the expiry of the withdrawal period.
If the product has already been delivered, the customer must return it to Il Caramellaio di Carli Giuseppe without undue delay and in any case within 14 days from the day the customer communicated the withdrawal. The product is deemed to be returned when it is delivered to the post office and/or accepting courier. The customer is responsible for the decrease in value of the goods resulting from handling the goods other than that necessary to establish the nature, characteristics and functioning of the goods. If there has been the delivery of the product, the substantial integrity of the product to be returned is an essential condition for the exercise of the right of withdrawal. The customer must send the product properly packaged and packaged; Il Caramellaio di Carli Giuseppe does not accept returns that are damaged but kept in a normal state of preservation, kept with the use of normal diligence. Products damaged by detergents/additives or products damaged by the customer due to inexperience will not be replaced or refunded. The customer must insert inside the packaging box a copy of the delivery document received. The risks of transport for the return of products are fully borne by the customer. The costs of returning the goods to Il Caramellaio di Carli Giuseppe shall be borne by the customer.
Should the customer request withdrawal from this contract, all payments made to Il Caramamellaio di Carli Giuseppe will be refunded to him/her, including delivery costs (with the exception of additional costs resulting from the customer's choice of a different type of delivery from the less expensive standard type offered by Il Caramellaio di Carli Giuseppe) without undue delay and no later than 14 days from the day of receipt of the customer's communication about the withdrawal option. These refunds will be made using the same means of payment that the customer has chosen for the initial transaction, unless the customer has expressly agreed otherwise; in any case, the customer will not incur any cost as delivery of this refund.
The refund will be made within fourteen days from the date on which Il Caramellaio di Carli Giuseppe received the returned product in its warehouse in accordance with the above.
As provided by 'art.59 of the Consumer Code, the right of withdrawal regulated by these conditions of sale does not apply to goods made to measure or clearly personalized or which, by their nature, can not be returned or are liable to deteriorate or expire rapidly.
1. The right of withdrawal in Articles 52 to 58 for distance and off-premises contracts and contracts negotiated away from business premises and 'excluded in relation to:
a) service contracts after the full provision of the service if the execution has begun with the express agreement of the consumer and with the acceptance of the loss of the right of withdrawal following the full performance of the contract by the seller;
(b) the supply of goods or services whose price is linked to fluctuations in the financial market which the seller is unable to control and which may occur during the withdrawal period;
(c) the supply of goods made to measure or clearly personalized;
(d) the supply of goods which are liable to deteriorate or expire rapidly;
(e) the supply of sealed goods which are not suitable for return for reasons of hygiene or health protection and have been opened after delivery;
(f) the supply of goods which, after delivery, are, by their nature, inseparably mixed with other goods;
(g) the supply of alcoholic beverages, the price of which was agreed at the time of conclusion of the contract of sale, the delivery of which can only take place after 30 days and the actual value of which depends on fluctuations in the market which cannot be controlled by the seller;
(h) contracts where the consumer has specifically requested a visit by the seller to carry out urgent repair or maintenance work. If, on the occasion of such a visit, the seller provides services in addition to those specifically requested by the consumer or goods other than spare parts necessary to carry out the maintenance or repairs, the right of withdrawal shall apply to those additional services or goods;
(i) the supply of sealed audio or video recordings or sealed computer software which have been opened after delivery;
(l) the supply of newspapers, periodicals and magazines with the exception of subscription contracts for the supply of such publications;
(m) contracts concluded at a public auction;
(n) the provision of accommodation for non-residential purposes, the transport of goods, car rental services, catering services or services relating to leisure activities where the contract provides for a specific date or period of performance;
(o) the supply of digital content on a non-material medium if the performance has begun with the consumer's express agreement and his acceptance that in that case he would lose the right of withdrawal).
14 - Warranty
In order to guarantee high quality standards, the products undergo quality control procedures by Il Caramellaio di Carli Giuseppe before being shipped. However, in the event of any inconvenience, the customer benefits from the manufacturer's legal guarantee of 24 months.
In any case, the products sold benefit from the legal guarantee against hidden defects provided by articles 1641 and following articles of the Civil Code.
Finally, some products benefit from an extended warranty. In these cases, the terms and duration of the warranty are specified in the warranty certificate delivered with the product. The latter does not cover damage, breakage or malfunction due to failure to observe the precautions for use.
To activate the warranty, the customer returns the product to Il Caramellaio di Carli Giuseppe at his own expense by attaching the original order receipt.
The product will be replaced with an identical product and sent to the customer at Il Caramellaio di Carli Giuseppe's expense, except in case of unavailability or discontinued production of the product itself. In the latter case, Il Caramellaio di Carli Giuseppe will refund the price of the product to the customer.
15 - Use of the site
The product descriptions and images on the site correspond to those made available by the suppliers of Il Caramellaio di Carli Giuseppe at Il Caramellaio di Carli Giuseppe itself. The photographs and video presentations of the products accompanying the descriptive information are published on the site by way of description, taking into account the fact that the quality of the images, including an exact display of color variants, may depend on software and computer tools used by the customer when connecting to the site. Carli Giuseppe's Candymaker does not assume any responsibility for problems caused to the customer by the use of the site and the technologies used as they are not dependent on his own will.
16 - Intellectual and industrial property rights
Il Caramellaio di Carli Giuseppe informs that the site, as well as all trademarks and distinctive signs used in connection with the sale of the proposed products, are protected by applicable intellectual and industrial property rights and that any kind of reproduction, communication, distribution, publication, alteration or transformation, in any form and for any purpose whatsoever, is prohibited. Carli Giuseppe's Candymaker reserves the right to take legal action to protect these aspects. The Caramellaio di Carli Giuseppe does not assume any responsibility for the trademarks and other distinctive signs that appear on the products it markets on the site, to which the customer does not acquire any rights following the conclusion of the Contract.
17 - Protection of personal data
The Caramellaio di Carli Giuseppe is the owner of the personal data collected at the time of registration on the site, as well as those subsequently communicated at the time of purchase by the customer, with the exception of data relating to the payment procedure for which reference is made to the banks through which the transaction takes place. For information relating to the processing of personal data, including the rights under Art. 7 of Legislative Decree 196/03, please refer to the detailed information already provided at the time of registration at www.ilcaramellaio2.com or available on the Privacy page published on our site.
18 - Electronic signature
The "validation click" constitutes an electronic signature.
This electronic signature has the same value between the parties as a handwritten signature.
19 - Integrity of the contract
These general conditions of sale constitute the entirety of the parties' obligations.
No other general or particular conditions communicated by the customer may be included in or derogate from these general conditions.
20 - Nullity
Should one or more of the provisions of these general conditions be considered invalid or declared invalid pursuant to a law, regulation or following a final decision taken by a competent jurisdiction, the other provisions shall retain all their force and value.
21 - Communications
For any communication you can contact Il Caramellaio di Carli Giuseppe at the following addresses:
Via Roma, 82 - 42018 San Martino in Rio (Re) P.iva 01635230350
22 - Applicable Law and Jurisdiction
The sales contract concluded between the Customer and Il Caramellaio di Carli Giuseppe is considered concluded in Italy and governed by Italian law, in particular by the provisions of the Italian Civil Code, Legislative Decree 185/99 relating to distance contracts, Legislative Decree 70/2003 relating to contracts concluded electronically, the Consumer Code and any additions and amendments thereto. For the resolution of all disputes arising from the sales contract between Il Caramellaio di Carli Giuseppe and the Customer, only the Judicial Offices of the Court of Reggio Emilia will be competent, except in the case in which the Customer has acted and concluded this contract as a Consumer for purposes unrelated to the business or professional activity carried out. In this case the Court of the place where the Customer has his residence or domicile, if located in the territory of the Italian State, will be exclusively competent.