General conditions of sale

1. Definition and object of the contract

• 1.1 – This contract (“contract”) constitutes a distance contract pursuant to art. 50 and following of Legislative Decree 6 September 2005, n. 206 (“Consumer Code”). It governs the sale of confectionery products by IDB Industria Dolciaria Borsari with registered office in Badia Polesine (RO), Via Cà Mignola Nuova 1577, established in Italy on 31 July 2003, share capital of Euro 110,000.00 fully paid, VAT number, tax code and registration number in the Venice Register of Companies Rovigo Lagunare Delta 02681730541, registered with the R.E.A. of the C.C.I.A.A. of Rovigo at no. 139409, in the person of its legal representative Mr. Andrea Muzzi, C.F. MZZNDR66A17D653R, (hereinafter “IDB”) to the consumer (the “customer”).
• 1.3 – The sending of the order by the Customer implies the full acceptance of these General Conditions of Sale.

2. Sales prices

• 2.1 – The prices of the products published on the site and / or through other remote sales channels are expressed in euros and are intended inclusive of VAT and any other applicable tax.

2-bis Product information

• 2-bis 1 – IDB ensures that the information relating to food products, required by current legislation, is made available to the customer directly on the page of each product before the order is completed. This information includes the list of ingredients, allergens, expiry date or minimum storage deadline and storage methods. The customer is required to consult such information before proceeding with the purchase. IDB assumes no responsibility for allergic reactions or intolerances to ingredients clearly indicated in the product sheet.

3. Methods of purchase and payment

• 3.1 – The sales contract will be considered concluded with the sending by IDB to the customer of an e-mail confirming the order. This e-mail will contain the customer’s data, the order number, the price of the purchased goods, the shipping costs and the delivery address to which the goods will be sent.
• 3.2 – Orders are normally processed within 3 working days of receiving the summary e-mail. In periods of greatest turnout (eg promotions, black friday, holidays), processing and shipping times may be delayed. It should be noted that in addition to the order processing times, delivery times must be taken into consideration, as indicated in point 4.1.
• 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 the products indicated on the site refers to the actual availability when the customer places the order. This availability must in any case be considered purely indicative since, due to the simultaneous presence on the site of several users, the products could be sold to other customers before the confirmation of the order
• 3-bis.2 – In case of sudden exhaustion of stocks, IDB will promptly inform the customer by offering alternatively: replacement with an equivalent product, waiting for restocking, the cancellation of the order with reimbursement or the cancellation of the single reference.
• 3-bis.3 – No responsibility can be attributed to IDB for the temporary unavailability of one or more products.

4. Delivery of Products – Complaints

• 4.1 – IDB makes deliveries to the address indicated by the customer, in the following EU countries: Austria, Belgium, Bulgaria, Croatia, Denmark, Estonia, Finland, France, Germany, Greece, Ireland, Italy, Latvia, Lithuania, Luxembourg, Holland, Poland, Portugal, Czech Republic, Romania, Slovakia, Slovenia, Spain, Sweden, Hungary. Standard delivery times range from 3 (three) to 8 (eight) working days. In periods of greatest turnout (Black Friday, Christmas, Easter and the like) delivery times may be extended compared to standard times. In case of delays attributable to the courier, the customer can exercise the rights provided for in point 4.4.
• 4.2 – Shipping costs are indicated during the checkout phase. Shipping is free for orders over € 120.00 only for orders placed within the Italian territory.
• 4.3 – For any complaints relating to service inefficiencies (eg delivery delays not due to force majeure), the customer can contact the Customer Care to the address help@pasticceriamuzzi.com, preferably within 14 days of receiving the order. The legal terms provided for the reporting of product conformity defects, as specified in art. 5.
• 4.4 – In case of late delivery of more than 8 working days attributable to the courier, the Customer may, within 24 hours of notification of the delay: 
  • refuse delivery with return of the package to IDB at the expense of the company; 
  • Accept the delivery and agree with the Customer Care to obtain a discount code to be used for a subsequent purchase. 

5. Product Warranty

• 5.1 – All products sold by IDB are covered by the legal guarantee of conformity provided for by art. 128 et seq. of the Consumer Code
• 5.2 – there is a lack of conformity when the product, at the time of delivery: a) does not comply with the description or does not possess the qualities presented; b) is not suitable for food use; c) does not present the usual quality and performance of an asset of the same type. They fall within the defects of conformity, by way of example: product with an expiry date passed at the time of delivery, altered product (e.g. presence of mold), presence of foreign bodies, damaged packaging in such a way as to compromise the integrity and safety of the product, non-compliance with the ingredients or allergens declared. 
• 5.3 – The customer has the burden of reporting the lack of conformity within two months of discovery. For food products, given their nature, it is assumed 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 of time from delivery.  
• 5.4 – In the event of a lack of conformity, the customer has the right, without charge, to replace the product. If the replacement is impossible (e.g. discontinued product) or excessively onerous, the customer is entitled to a reduction in the price or termination of the contract. 
• 5.5 – To activate the warranty, the customer is required to contact Customer Care (help@pasticceriamuzzi.com), describing the defect and providing proof of purchase. To speed up the management, it is advisable to attach photographic documentation. In application of the precautionary principle for the protection of public health, IDB could request the return of the defective product at its own expense for the necessary analyzes, while offering the customer the remedies provided. 

6. Right of withdrawal

• 6.1 – The customer can withdraw from the contract within 14 days of delivery, without penalty and without specifying the reason, communicating it in writing to IDB.
• 6.2 – The products must be returned intact, unused and in the original packaging within 14 days from the communication of the withdrawal.
• 6.3 – Customer is required to return the product to IDB SRL (at Via Ca’ Mignola Nuova, 1577/A – 45021 Badia Polesine (RO) – Italy). The costs of returning the goods (including shipping, packaging and packaging costs) are charged to the customer, who must ship the product duly packaged and packaged. The customer is required to insert a copy of the transport document inside the packaging box.
• 6.4 – In case of withdrawal exercised correctly, IDB will reimburse the customer for all payments received, including initial delivery costs (except for the additional costs deriving from the choice of the customer of a type of delivery different from the less expensive type of standard delivery we offer). The reimbursement will take place without undue delay and in any case no later than 14 days from the day on which IDB is informed of the decision to withdraw. The reimbursement could be withheld until receipt of the goods or until the customer has demonstrated that he has returned the goods, if previous.
• 6.5 – Pursuant to art. 59 co. 1 Legislative Decree 6 September 2005 n. 206 (Consumer Code), the right of withdrawal does not apply to perishable, personalized or open goods after delivery. 

7. Privacy and processing of personal data

The Customer’s personal data are processed by IDB 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 prior consent, for promotional purposes.
The Customer can exercise the rights of access, rectification, cancellation and opposition at any time by sending a request to help@pasticceriamuzzi.com

The complete information can be consulted in the “Privacy Policy” section of the site.

8. Applicable law and jurisdiction

• 8.1 – These general conditions are governed by Italian law.
• 8.2 – For all disputes that may arise in relation to this contract, including those relating to its interpretation, validity, effectiveness, execution and termination, the court of the place of residence or domicile of the Customer, if qualifying, will be exclusively and mandatory as a “consumer” and if located in the territory of the Italian State, pursuant to art. 66-bis of Legislative Decree 206/2005 (Consumer Code).
• 8.3 – In any other case, or if the customer acts in the exercise of his business, commercial, craft or professional activity (B2B customer), the territorial jurisdiction is exclusively devolved to the Rovigo court.