Terms of Use and Conditions of Sale
November 1, 2023 Edition
The website www.solodamanduca.com (hereinafter, the “ Site ”) is owned by Solodamanduca srl (hereinafter “ SOLODAMANDUCA ” or “ Seller ”), with registered office in Aprilia (LT) Via Arturo Toscanini 114 (postcode 04011), VAT no. 02972780593, REA no. LT-213975, Share capital IV euro 80,000.00
Any information, support, request or complaint can be forwarded to Customer Service through the customer service center at this link , or by 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 sold on it, governed by Chapter I, Title III (articles 45 et seq.) of Legislative Decree no. 206 of 6 September 2005 (“Consumer Code”), when involving a consumer, and by Legislative Decree no. 70 of 9 April 2003, containing the rules of electronic commerce.
Please read them carefully and print and/or save them on another accessible, durable medium. Please also carefully review the Privacy Policy and Cookie Policy.
The Seller undertakes to make these documents always accessible 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, the following definitions shall apply:
“ Contract ”: the contract having as its object the distance selling of the products marketed by the Site, between SOLODAMANDUCA and an end customer, within the framework of a distance selling system that uses the Internet as a distance communication technology.
" Customer ": (i) the consumer , a natural person who is 16 years of age or older, and who makes a purchase on the Site for purposes other than any entrepreneurial, commercial, craft or professional activity carried out by him/her; (ii) the professional , a natural or legal person who makes a purchase on the Site in the exercise of his/her entrepreneurial, commercial, craft or professional activity, or his/her intermediary .
“ User ”: the person who accesses the Site and continues browsing.
“ Order ”: the purchase proposal that the user sends to SOLODAMANDUCA by completing the order procedure described.
OBJECT
With this Agreement, 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 govern the sale of products or the provision of services by third parties using direct links to the Site via banners or other hyperlinks . SOLODAMANDUCA does not carry out any type of control or monitoring of websites accessible via such links. Therefore, under no circumstances may SOLODAMANDUCA be held liable for the goods or services promised by third parties or for the execution of transactions between Site Users and third parties.
SERVICE AVAILABILITY AND TERMS OF USE
The sale of products on the Site may be temporarily suspended, without prior notice, for the time strictly necessary for necessary and/or appropriate technical interventions on the platform, or for justified security reasons or confidentiality violations. SOLODAMANDUCA reserves the right, in any case, to refuse orders, from any source, that appear abnormal in relation to the quantity or frequency of purchases made on the site.
The sale of products on the Site may be temporarily suspended, without prior notice, also for reasons related to the production of the items for sale, as they are handcrafted by our pastry chefs.
SOLODAMANDUCA reserves the right not to accept orders from a) users with whom there is an ongoing legal dispute; b) users involved in credit card fraud; c) users who have provided identifying information that 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 exclusively for lawful activities; 2. to not place false or fraudulent orders. If there are reasonable grounds to believe that such orders are being made, the Seller reserves the right to cancel the order and inform the relevant authorities.
REGISTRATION
Registration is required to place an Order on the Site. 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 record the methods used to use the Site's Services (e.g., payment, delivery, etc.). The registered User is responsible for ensuring the accuracy, correctness, and timeliness of the data, guarantees that they are the legitimate owner, and undertakes to comply with applicable laws and the Site's Terms and Conditions. All data transmitted will be processed in accordance with the Privacy Policy for the sole purpose of fulfilling orders and, only with the consent of users, for the purpose of promoting the Site's products or promotions.
PURCHASE PROCEDURE
The User may purchase products offered for sale on the Site by completing the order submission process and the instructions contained therein, available only in Italian. Before submitting the order, the User will be shown an Order Summary containing the selected products, the product price, including taxes, shipping costs, and other additional costs (if applicable). The User will then be able to identify and correct any errors that may have occurred while filling out the fields, as well as review these Terms and Conditions, a summary of shipping times and costs, and the Privacy Policy. To submit the order, the User must click the "Complete Order" button and proceed with payment using the chosen method.
By placing an order, the Customer declares that he or she has read all the information provided to him or her during the purchase process, that he or she fully accepts these Terms and Conditions, and expressly acknowledges and accepts that this implies the obligation to pay the price and any other amounts due pursuant to these Terms and Conditions and that the order cannot be modified or cancelled after its shipment.
CONCLUSION OF THE CONTRACT
The Contract between the Seller and the Customer will be deemed concluded only upon acceptance of the order by the Seller by sending an order confirmation email (the " Order Confirmation "), which is equivalent to acceptance of the purchase proposal. Only the products indicated in the Order Confirmation will be the subject of the contract.
The Seller reserves the right, at its sole discretion, to refuse an order, including in the following cases: a) the order cannot be fulfilled due to: an error in the information provided by the User when placing the order (e.g., payment card number, expiration date, etc.); an incorrect billing address; insufficient or incorrect shipping address; misleading information; or the impossibility of delivering the product to certain remote geographic areas; b) an error has occurred on the Site regarding the price, product description, or product availability. In such cases, the Seller will cancel the order and refund any amount already paid by the User for the products. The Customer is not entitled to compensation for damages or indemnity, nor is he liable, whether contractual or otherwise, for direct or indirect damages to persons and/or property resulting from the Seller's failure to accept, even partially, an order.
Subsequently, the Customer will be informed via a confirmation email that the order is being shipped containing the tracking number needed to track the shipment, which will be active 24 hours after receipt (the “ Shipping Confirmation ”).
The purchase agreement will be deemed terminated in the event of non-payment, even partial, of the product price, shipping costs, if applicable, and any other additional costs resulting from the order (" Total Amount Due "). If the Total Amount Due is not paid or successful payment is not confirmed, the purchase agreement will be deemed terminated by operation of law pursuant to and for the purposes of art. 1456 of the Italian Civil Code. The Customer will be promptly notified of such termination and the consequent cancellation of the order.
PRODUCTS
The products available for purchase through this Site are artisanal pastry products, including panettone and colomba cakes. As artisanal products, they are subject to weight loss and require refrigerated storage, avoiding heat sources. Please note that these products are only available for a limited time and have a limited shelf life due to their artisanal production. The products are described in the relevant information sheet (" Product Sheet "), which details their main characteristics and composition materials. The images and descriptions included therein are for illustrative and demonstration purposes only and, despite our efforts to describe them as accurately as possible, may not be perfectly representative of the actual products. These are artisanal products, which may therefore vary slightly in color, shape, size, or weight. However, we strive to represent the products as truthfully and accurately as possible.
PRODUCT AVAILABILITY
All product orders are subject to availability. Product availability refers to the moment the Customer consults the Product Sheets and should be considered indicative since the Site may be visited by multiple Users simultaneously, and it may happen that, at the same time, multiple Users place orders for the same product. Therefore, given the limited availability of these handcrafted products, the Site's computer system may mark a product as available when it is actually unavailable, having been sold to others before the order is confirmed. In such cases, the Seller cannot be held liable for the unavailability of one or more products. Nor can SOLODAMANDUCA be held liable 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 submitted and the price has already been charged for items that are no longer available, the Seller will refund the Customer the full amount paid for those items. In the event of partial or total unavailability of the goods, even after the Order Confirmation email has been sent, the Customer will be promptly notified via email. In this case, the purchase contract will be deemed 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 the case of multiple orders, limited to the 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 the following:
Credit cards . We accept major international credit and debit cards. 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 terminated pursuant to Art. 1456 of the Italian Civil Code. The Customer will be notified via email. The charge will be made upon order submission. For security purposes, the User may be required to authenticate using mobile devices or other tools required by the payment services. Failure to complete the above-described process may make it impossible to complete the purchase on the Site.
Bank transfer . Payment via bank transfer is accepted. Bank transfer details will be provided in the Order Confirmation email and are also available on the Website in the Payments section. The Customer must make payment within 5 days of placing the order. Failure to pay within the specified timeframe will result in the sale being terminated pursuant to art. 1456 of the Italian Civil Code, without prejudice to the right to compensation for damages suffered, and the Customer will receive an email canceling the order.
The Customer must indicate in the reason for the transfer: order number + name and surname of the buyer
PayPal . Payments via PayPal are accepted If the user chooses PayPal as their payment method, they will be redirected to the relevant website where they will complete the payment according to the procedure provided and regulated therein. This service uses the latest and most up-to-date SSL security and data encryption protocols. Sensitive data (credit card number, expiration date, and cryptogram) are never stored by the Website, nor do they ever come into the possession of the Owner.
PRICES
The sales prices displayed on the Site are in Euros and include VAT (where applicable) and any other taxes. The price applied to the contractual relationship between Seller and Customer will be the one in effect at the time of the order and indicated in the Order Confirmation, without considering any price increases or decreases, including those due to promotions, that may occur subsequently .
BILLING
Upon request, SOLODAMANDUCA will issue the invoice using the information provided by the Customer, which the Customer guarantees is accurate. Once the invoice has been issued, no changes can be made to the information provided.
SHIPPING AND DELIVERY OF PRODUCTS
Shipping is handled by national and international carriers, who operate 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 timeframes are indicative and not binding, and any changes will be promptly communicated by SOLODAMANDUCA to the Customer via email.
Shipping costs are indicated on the Site and may be free for orders exceeding certain thresholds indicated by SOLODAMANDUCA on the Site. They are also indicated during the purchasing process, before the Customer submits the order.
Deliveries to PO boxes or automated parcel distribution points are not accepted. Orders are shipped via courier, and a person must be present to sign for the package upon delivery.
If the recipient is absent at the indicated address, the designated carrier will contact the recipient by telephone or send a notification email and will attempt to deliver again in the following days. If delivery is not possible in the following days due to the recipient's absence, the ordered products will be stored at the relevant branch, accruing storage costs, which will be charged to the Customer. Once the storage period has elapsed without delivery, the products will be returned to the Seller and the order will be cancelled pursuant to art. 1456 of the Italian Civil Code, without prejudice to the right to compensation for damages resulting from transportation and storage costs, which SOLODAMANDUCA reserves the right to withhold from the refund.
The risk of loss or damage to the products, for reasons not attributable to the Seller, is transferred to the Customer when the Customer, or a third party designated by the Customer and other than the carrier, physically takes possession of the product.
SHIPPING RATES
- For Italy, Europe, and Switzerland, the best shipping rates will be offered at checkout.
- For Europe and Switzerland, any customs clearance costs, duties, inspections, and any other additional costs to the courier shipping fee alone are the responsibility of the customer who completes the purchase on solodamanduca.com, in our online shop.
RIGHT OF WITHDRAWAL
The consumer customer expressly acknowledges and 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 rapidly.
GUARANTEE OF CONFORMITY
The products sold on the Site are covered by the Legal Guarantee of Conformity pursuant to Articles 129 et seq. of the Consumer Code, which is reserved for consumers pursuant to Article 3, paragraph I, letter a) of the Consumer Code.
Any defects caused by accidental events or the Customer's responsibility, by exposure of the product to heat sources, or by the 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 may contact Customer Service by email at the address in the header, indicating the order number and attaching photos representing the lack of conformity.
The product for which the defect is complained of will be replaced by SOLODAMANDUCA by sending a replacement product .
Please note that, in the event of a purchase by a professional, the Warranty provided by the Civil Code applies. This considers non-compliant products to be those with defects that render them unsuitable for use or that 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 regarding the processing of personal data carried out by the Site, we invite you to read the Privacy Policy .
For information on cookies, which are small text files that allow us to store information on visitor preferences to improve the functionality of the site, to simplify navigation by automating procedures, and to analyze site usage, we invite you to read the Cookie Policy .
FORTUITOUS EVENT OR FORCE MAJEURE
SOLODAMANDUCA declines all responsibility for any breach of its contractual obligations in the event of fortuitous events or force majeure, including but not limited to acts of war or terrorism, strikes, national or local states of emergency, failure of transport infrastructure, interruptions in the supply of electricity or other utilities, earthquakes, or other natural disasters.
INTEGRALITY
The Terms and Conditions constitute the entirety of the clauses that comprise them. If one or more provisions of these Terms and Conditions are held to be invalid or declared invalid by law or following a decision by a court of competent jurisdiction, the other provisions will remain in full force and effect.
INDEMNIFICATION
The User agrees 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 agrees to indemnify the Seller, its employees, or collaborators from any claims for damages or claims made by third parties for acts or omissions of the User during 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. Any dispute relating to the application, interpretation, and execution of these Terms and Conditions will be subject to the exclusive jurisdiction of the Court of Latina, unless the Customer is a consumer pursuant to Article 3, paragraph 1, letter a) of the Consumer Code. In such a case, the competent court will be the court of the place where the consumer resides or has elected domicile.
ALTERNATIVE DISPUTE RESOLUTION
Clients can use the RisolviOnline Joint Conciliation (ADR) procedure, an independent and institutional service provided by the Arbitration Chamber of the Milan Chamber of Commerce. This service allows clients to reach a satisfactory agreement, with the assistance of a neutral and competent mediator, in a friendly and secure manner online. For more information on the RisolviOnline regulations or to submit a conciliation request, visit www.risolvionline.com
Pursuant to Article 14 of Regulation (EU) No. 524/2013, the Seller informs all consumers pursuant to Article 3, paragraph 1, letter a) of the Consumer Code that a European platform for the online resolution of consumer disputes (so-called ODR platform) has been established. The ODR platform is made available by the European Commission at the following link: http://ec.europa.eu/consumers/odr/ . The Customer retains the right to bring any dispute arising from these Terms and Conditions before the competent ordinary court, regardless of the outcome of the out-of-court settlement procedure described above, as well as the possibility, where the conditions are met, of initiating an out-of-court resolution of disputes relating to consumer relationships through recourse to the procedures set out in Part V, Title II- bis of the Consumer Code.
CUSTOMER SERVICE AND COMPLAINTS
To obtain information, send communications, request assistance, or submit complaints, the Customer can contact Customer Service by writing an email to info@solodamanduca.com
Customer Service hours are as follows:
Tuesday-Sunday: 6:00 AM - 11:00 PM
Closed on Mondays
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 trademark, videos, logo, or 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.