Terms of Use and Conditions of Sale

November 1, 2023 edition

The website www.solodamanduca.com (hereinafter, the “ Site ”) is the property of Solodamanduca srl ​​(hereinafter “ SOLODAMANDUCA ” or “ Seller ”), with registered office in Aprilia (LT) Via Arturo Toscanini 114 (postal code 04011), VAT no. 02972780593, no. LT-213975, share capital €80,000.00

Any information, support, request or complaint can be forwarded to Customer Service via the customer support center at this link , or via email by writing to: info@solodamanduca.com

These terms of use and conditions of sale (hereinafter " Terms and Conditions ") regulate the use of the Site by users and the distance selling of the products marketed on it, governed by Chapter I, Title III (arts. 45 et seq.) of Legislative Decree 6 September 2005, n. 206 (“Consumer Code”), when it involves a consumer, and by Legislative Decree 9 April 2003, n. 70, containing the regulation of electronic commerce.

Please read them carefully and print them and/or save them on another accessible durable medium. Please also carefully consult the Privacy Policy and the Cookie Policy.

The Seller undertakes to make these documents always usable and updated, and reserves the right to modify them at any time, effective from the date of publication on the Site.

DEFINITIONS
For the purposes of these Terms and Conditions:

“ Contract ”: the contract concerning the remote sale of the products marketed by the Site, between SOLODAMANDUCA and an end customer, as part of a remote sales system that uses the Internet as a remote communication technology.

" Customer ": (i) the natural person consumer , who is at least 16 years of age, and who makes a purchase on the Site for purposes unrelated to any entrepreneurial, commercial, artisanal or professional activity carried out by him/her; (ii) the professional as a natural or legal person who makes a purchase on the Site in the exercise of his entrepreneurial, commercial, artisanal or professional activity, or his intermediary .

“ User ”: the person who accesses the Site and continues browsing.

“ Order ”: the purchase proposal that the user sends to SOLODAMANDUCA, completing the order procedure described.

OBJECT
With this Contract, SOLODAMANDUCA sells and the Customer purchases remotely, via electronic means, the products indicated and offered for sale on the Site.
These Terms and Conditions do not regulate the sale of products or the provision of services carried out by third parties who use direct links to the Site through banners or other hypertext links . SOLODAMANDUCA does not carry out any type of control/monitoring on the websites that can be consulted via these links. Therefore, under no circumstances can SOLODAMANDUCA be held responsible for the goods or services promised by third parties or for the execution of transactions between Users of the Site and third parties.

AVAILABILITY OF THE SERVICE AND TERMS OF USE
The sale of the Site's products may be temporarily suspended, without any prior communication, for the time strictly necessary for necessary and/or appropriate technical interventions on the platform or if there are justified security reasons or violations of confidentiality. SOLODAMANDUCA reserves, in any case, the right not to accept orders, from anyone, which are anomalous in relation to the quantity or frequency of purchases made on the site.

The sale of the products on the Site may be temporarily suspended, without any prior communication, also for reasons related to the production of the items on sale, as they are handcrafted by our pastry chefs.

SOLODAMANDUCA however reserves the right not to accept orders from a) users with whom a legal dispute is underway; b) users involved in fraud relating to credit card payments; c) users who have provided identifying data which later turns out to be false, incomplete or inaccurate.

By using this website and/or placing orders through it, you agree: 1. to use the website only for lawful activities; 2. not to place false or fraudulent orders. Where there are plausible reasons to believe that these are orders of this nature, the Seller reserves the right to cancel the order and inform the competent authorities.

REGISTRATION
To place an Order on the Site, registration is required. Registration on the Site allows the User to create an account by completing the registration form, where the User will enter the personal data required to memorize the ways in which he uses the Site's Services (e.g. payment, delivery, etc.) . The User who registers is responsible for their truthfulness, correctness and updating, guarantees that they are the legitimate owner and undertakes to observe the applicable laws and the Terms and Conditions of the Site. All data transmitted will be processed in compliance with the Privacy Policy. for the sole purpose of executing orders and, only with the consent of users, for the purpose of promoting the products or promotions of the Site.

PURCHASE PROCEDURE
The User will be able to purchase the products offered for sale on the Site by completing the order transmission procedure and the instructions contained therein available only in Italian. Before transmitting the order to the User, the order summary will be shown containing the selected products, the price of the products, including taxes, shipping costs and other additional costs (if applicable). The User will therefore be able to identify and correct any errors that may have occurred while filling in the fields, as well as view these Terms and Conditions, a summary of shipping times and costs and the Privacy Policy. To submit the order, the User must click on the order completion button and proceed with the payment using the chosen methods.
By placing an order, the Customer declares to have read all the information provided to him during the purchase procedure, to fully accept these Terms and Conditions, and expressly acknowledges and accepts that this implies the obligation to pay the price and other amounts due under these Terms and Conditions and that the order cannot be modified or canceled after it has been dispatched.

CONCLUSION OF THE CONTRACT
The Contract between the Seller and the Customer will be considered concluded only with the acceptance of the order by the Seller by sending an order confirmation email (the " Order Confirmation ") which is equivalent to the acceptance of the purchase proposal. Only the products indicated in the Order Confirmation will form the subject of the contract.

The Seller reserves the right, at its discretion, to refuse the order, even in cases where: a) the order cannot be executed due to: error in the information provided by the User when placing the order ( e.g. payment card; expiry date, etc.); incorrect billing address; insufficient or incorrect shipping address; misleading information; inability to deliver the product in some disadvantaged geographical areas; b) an error has occurred on the Site relating to the price, product description or its availability of the product. In such cases the Seller will proceed to cancel the order and refund any amount already paid by the User for the payment of the products. Any right of the Customer to compensation for damages or compensation is excluded, as well as any contractual or non-contractual liability for direct or indirect damage to people and/or things, caused by the non-acceptance, even partial, of an order by the Seller.

Subsequently, the Customer will be informed via a confirmation email that the order is being shipped containing the tracking number useful for tracking the shipment, which will be active 24 hours after its receipt (the " Shipping Confirmation ").

The purchase contract will be considered terminated in the event of non-payment, even partial, of the price of the product, shipping costs, if applicable, and any other additional costs as a result of the order (" Total Amount Due "). In the event that the Total Amount Due is not paid or the successful outcome of the payment is not confirmed, the purchase contract will be considered legally terminated pursuant to and for the purposes of the art. 1456 cc The Customer will be promptly notified of this resolution and the consequent cancellation of the order.

PRODUCTS
The products available for purchase through this Site are artisanal pastry products, including panettone and colombe. Being artisanal products, they are subject to weight loss and require storage in a cool place, avoiding heat sources. Please keep in mind that these products are only available for a limited period and subject to non-extended expiry dates as they are handcrafted. The products are described in the relevant information sheet (" Product Sheet ") which illustrates their main characteristics and composition materials. The images and descriptions included therein are for illustrative and demonstrative purposes and, despite the efforts to describe them in the most realistic way possible, they may not be perfectly representative of the real products, as they are handcrafted products, which therefore could differ slightly in colour, shape, size or weight. However, we guarantee our effort to represent the products in the most truthful and realistic way possible.

PRODUCT AVAILABILITY
All product orders are subject to product availability. The availability of the products refers to the moment in which the Customer consults the Product Sheets and must in any case be considered indicative as the Site can be visited simultaneously by multiple Users, and it could happen that, at the same time, multiple Users place the order for the same product. Therefore, having limited availability of these handcrafted products, it could happen that the Site's computer system marks a product as available which in reality is not available, as it was sold to others before the order was confirmed. In such cases, responsibility for the unavailability of one or more products cannot in any case be attributed to the Seller. SOLODAMANDUCA cannot even be considered responsible for the temporary or permanent unavailability of one or more products. In the event of unavailability, even temporary, of the requested products, the Seller undertakes not to charge the Customer the corresponding price. If the order has been sent and the price already charged for the items that are no longer available, the Seller will refund the Customer the entire amount paid for those items. In the event of partial or total unavailability of the goods, even following the sending of the Order Confirmation email, the Customer will be promptly informed via email. In this case, the purchase contract will be considered terminated, and SOLODAMANDUCA will refund the price and shipping costs (where applicable and, in the event that the purchase concerned only the unavailable Product or, in case of multiple orders, limited to shipping costs specifically relating to the unavailable Product). In the case of multiple orders, the unavailability of one or more of the Products ordered will not give the Customer the right to cancel the entire Order.

PAYMENT
The payment methods available on the Site are as follows:

Credit cards . Credit cards and debit cards from the main international circuits are accepted. If, for any reason, it is not possible to charge the amount due, the sales process will be automatically canceled and the sale will be resolved pursuant to art. 1456 cc The Customer will be informed via email. The charge will be made when the order is placed. For security purposes, you may be asked to authenticate using mobile devices or other tools required by the Payment Services. Failure to complete the procedure described above may make it impossible to finalize the purchase on the Site.

Bank transfer . Payment via bank transfer is accepted. The details for making the bank transfer will be provided with the Order Confirmation email and are in any case present on the Site in the Payments section. The Customer must proceed with payment without fail within 5 days of sending the order. In case of non-payment within the indicated deadline, the sale will be terminated pursuant to art. 1456 cc, without prejudice to the right to compensation for damage suffered, and the Customer will receive an email canceling the order sent.
The Customer must indicate in the transfer reason: order number + name and surname of the buyer

PayPal . Payments via PayPal are accepted If the user chooses PayPal as a means of payment, he will be redirected to the relevant site where he will make the payment according to the procedure provided and regulated therein. This service involves the use of the most recent and updated SSL security and data encryption protocols. Confidential data (credit card number, expiry date and cryptogram) are never stored by the Site, nor do they ever come into the possession of the Owner.

PRICES
The sales prices displayed on the Site are to be understood in Euros and include VAT (if applicable) and any other taxes. The price applied to the contractual relationship between the Seller and the Customer will be the one in force at the time of the order and indicated in the Order Confirmation, without considering price increases or decreases, even for promotions, which may occur subsequently .

BILLING
Upon request, SOLODAMANDUCA will issue the invoice using the information provided by the Customer and which the latter guarantees to be truthful. After the invoice has been issued, it will not be possible to make any changes to the data indicated in the invoice.

SHIPPING AND DELIVERY OF PRODUCTS
The shipment is entrusted to national and international carriers who carry it out from Monday to Friday, excluding holidays.
Delivery times may vary from a minimum of 24 hours to a maximum of 15 working days, depending on the shipping method chosen, and in any case within 30 days of the conclusion of the Contract. These terms must be considered indicative and non-essential and any modification to the same will be promptly communicated by SOLODAMANDUCA to the Customer via email.
Shipping costs are indicated on the Site and may be free for orders above certain thresholds indicated by SOLODAMANDUCA on the Site. They are however indicated within the purchase procedure, before the Customer submits the order.
Shipments to post office boxes or automatic parcel distribution points are not permitted. Orders are shipped via courier and the presence of a natural person is therefore required to sign upon delivery of the package.
In the event of the recipient's absence at the indicated address, the designated carrier will contact the recipient by telephone, or send a warning email, and will attempt a new delivery in the following days. In the event that delivery cannot be made in the following days due to the absence of the recipient, the ordered products will be stored at the competent branch, accruing storage costs charged to the Customer himself. After the days of storage without delivery, the products will be returned to the Seller and the order will be canceled pursuant to art. 1456 cc, without prejudice to the right to compensation for damages deriving from transport and storage costs, which SOLODAMANDUCA reserves the right to withhold from the reimbursement.

The risk of loss and damage to the products, for reasons not attributable to the Seller, is transferred to the Customer when the latter, or a third party designated by him and other than the carrier, physically takes possession of the product.



SHIPPING RATES

• In Italy, shipping is free starting from €99.00
• In Europe and Switzerland, the best shipping rates will be offered at checkout.
• In Europe and Switzerland, any customs clearance costs, duties, inspection and any other additional cost to the courier shipping rate alone, is/are borne by the customer who concludes the purchase on solodamanduca.com, in our online shop.
  

RIGHT OF WITHDRAWAL

The consumer customer acknowledges and expressly accepts that, pursuant to art. 59 of the Consumer Code, the right of withdrawal is excluded as these are artisanal pastry products, and as such they risk deteriorating or expiring quickly.

CONFORMITY GUARANTEE
The products marketed on the Site are covered by the Legal Guarantee of Conformity referred to in the articles. 129 et seq. of the Consumer Code which is reserved for consumers pursuant to art. 3, paragraph I, letter. a) of the Consumer Code.
Any defects caused by accidental events or the Customer's responsibility, exposure of the product to heat sources, or simple expiry of the food product are excluded from the scope of the Legal Guarantee.
In the event of a lack of conformity, the Customer can contact Customer Service via email at the address indicated in the header, indicating the order number and attaching photos representative of the lack of conformity.
The product of which the defect is complained of will be replaced by SOLODAMANDUCA by sending a replacement product .
Please remember that, in the case of purchase by a professional, the Guarantee provided for by the Civil Code applies which considers as non-compliant products those which present defects such as to make them unsuitable for use or which are such as to significantly reduce their value. The available remedies are: price reduction or termination of the sales contract. In this case the professional must report the defect within 8 (eight) days of its discovery and in any case within 1 (one) year of delivery.

PRIVACY AND COOKIE POLICY 

For information relating to the processing of personal data carried out by the Site, we invite you to read the Privacy Policy .

For the information relating to cookies, i.e. small text files that allow information on visitor preferences to be stored to improve the functionality of the site, to simplify navigation by automating procedures and for the analysis of the use of the Site, we invite you to read the Cookie Policy .

FORTUNE EVENT OR FORCE MAJEURE
SOLODAMANDUCA declines all responsibility for any failure to fulfill its contractual obligations in the event of unforeseeable circumstances or force majeure, including but not limited to, acts of war or terrorism, strikes, states of emergency at national or local level, failure of transport infrastructures, interruptions in the supply of electricity or other utilities, earthquakes, other natural disasters.

INTEGRITY
The Terms and Conditions consist of all the clauses that compose them. If one or more provisions of these Terms and Conditions are considered invalid or declared as such by law or following a decision by a body having jurisdiction, the other provisions will continue to have full force and effect.

INDEMNIFICATION
The User undertakes to use the Site and the Products purchased on the Site exclusively in accordance with these Terms and Conditions, for lawful purposes and in any case without infringing the rights of the Seller and/or third parties. The User undertakes to indemnify the Seller, its employees or collaborators, from any request for damages or claims made by third parties for acts or omissions of the user carried out during his interaction with the Site or in relation to purchases of products on the Site.

APPLICABLE LAW AND JURISDICTION

All contractual relationships between the parties and these Terms and Conditions are governed by Italian law. For any dispute relating to the application, interpretation and execution of these Terms and Conditions, the Court of Latina has exclusive jurisdiction, unless the Customer is a consumer pursuant to art. 3, paragraph I, letter. a) of the Consumer Code. In this case, the judge of the place where the consumer has residence or has elected domicile is competent.

ALTERNATIVE DISPUTE RESOLUTION

The Customer can make use of the Joint Conciliation procedure (ADR procedure) RisolviOnline, an independent and institutional service provided by the Arbitration Chamber of the Milan Chamber of Commerce, which allows a satisfactory agreement to be reached, with the help of a neutral and competent conciliator, in a friendly and safe way on the internet. For more information on the RisolviOnline regulation or to send a conciliation request, access www.risolvionline.com
Pursuant to art. 14 of Regulation (EU) nº 524/2013, the Seller informs all consumers pursuant to art. 3, paragraph 1, letter. a) of the Consumer Code that a European platform for the online resolution of consumer disputes has been established (so-called ODR platform). The ODR platform is made available by the European Commission at the following link: http://ec.europa.eu /consumers/odr/ . This is without prejudice to the right of the consumer customer to appeal to the competent ordinary judge of the dispute arising from these Terms and Conditions, whatever the outcome of the out-of-court settlement procedure described above, as well as the possibility, where the conditions are met, to promote a resolution out-of-court settlement of disputes relating to consumer relations through recourse to the procedures referred to in Part V, Title II- bis of the Consumer Code.

CUSTOMER SERVICE AND COMPLAINTS
To obtain information, send communications, request assistance or forward complaints, the Customer can contact Customer Service by writing via email to info@solodamanduca.com

Customer Service follows the following hours:

Tuesday-Sunday: 06:00-23:00

Monday closed

SOLODAMANDUCA will respond to complaints as quickly as possible and in any case within 48 hours of receiving them.

INDUSTRIAL AND INTELLECTUAL PROPERTY

The Site in its entirety, as well as its individual elements (photographs, texts, videos, logos, etc.), as well as these legal documents, constitute intellectual works protected by the Industrial Property Code and the Copyright Law.
Any total or partial reproduction, download, modification or use of the brand, videos, logo, and any other element present on this site, for any reason and on any medium, is strictly prohibited without the prior written consent of the respective owners.