Terms & Conditions

GENERAL CONDITIONS OF ONLINE SALES

General Provisions i

The conditions indicated below are effective exclusively between the company LA CORTE di BERTACCA VIVIANA STEFANIA with registered office in Via M. Me l oni n19, 20100, VAT number 10695390152 (hereinafter referred to as LACORTE) and any person (hereinafter referred to as “CUSTOMER”) who make online purchases on the website www.lacortebomboniere.com (hereinafter referred to as SITE) in accordance with the provisions of the Consumer Code, pursuant to Legislative Decree. n.206/2005, modified by Legislative Decree. n.21/2014 and by Legislative Decree. n. 70/2003, regarding electronic commerce.

These conditions may be subject to changes and the date of their publication on the site is equivalent to the date of entry into force.

ARTICLE 1 – Object of the contract

The contract concerns the sale, by LA CORTE to the CUSTOMER, of the products published on the SITE, where the name of the good and its essential characteristics are expressly indicated.

Items sold on the SITE are described as best as possible. Nonetheless, some errors, inaccuracies or small differences may occur between the SITE and the actual product. Furthermore, the photographs of the products presented on the SITE do not constitute a contractual element, being only representative, as their colors may not correspond to the real ones due to the internet browser and monitor used and due to natural variations in the raw materials; THE COURT therefore does not guarantee the truthful reproduction of the same. The images are therefore to be considered purely illustrative

The characteristics and ingredients of the dragees are shown on the SITE in the product sheet, where the allergens present are also indicated, however their colors may not correspond to the real ones due to the internet browser and monitor used and to variations natural raw materials; THE COURT therefore does not guarantee the truthful reproduction of the same. The images are therefore to be considered purely illustrative.

The CUSTOMER undertakes to communicate to LA CORTE by e-mail the presence of any allergies or pathologies that require special attention. In case of failure to communicate, the CUSTOMER assumes all relevant health responsibilities, indemnifying and holding the COURT harmless.

The data published on the SITE may be subject to changes or updates, in order to provide a better service for the CUSTOMER; any possible variation will be promptly communicated upon confirmation of the order.

The CUSTOMER undertakes to read, before confirming his order, these general conditions of sale, in particular the pre-contractual information provided by LA CORTE and to accept them by placing a flag in the indicated box.

In the order confirmation email, the CUSTOMER will also receive the link to download and archive a copy of these general conditions of sale, as required by the art. 51 paragraph 1 of Legislative Decree 206/2005, amended by Legislative Decree 21/2014.

ARTICLE 2 – Pre-contractual information for the consumer pursuant to art.49 of Legislative Decree 206/205

Before the conclusion of the purchase contract and before the validation of the order with "payment obligation", the CUSTOMER is informed in accordance with the provisions of art. 49 of the Consumer Code:

• of the main characteristics of the property;
• the identity of the seller, as well as the address and contact details;
• of the total price of the goods including taxes, with details of shipping costs and any other costs;
• payment methods;
• the deadline within which LACORTE undertakes to deliver the goods;
• of the conditions, terms and procedures for exercising the right of withdrawal (art.7 of these conditions) as well as the standard withdrawal form referred to in Annex I, part B of Legislative Decree 206/2005;
• of the information that the CUSTOMER will have to bear the cost of returning the goods in case of withdrawal;
• of the existence of the legal guarantee of conformity for the purchased goods. In any case, the CUSTOMER can at any time and in any case before the conclusion of the contract, take note of the information relating to LACORTE, such as the geographical address, telephone and fax number, e-mail address. This information is also reported below: LA CORTE, Via M.MELLONI,19, Telephone and Fax:+390229531357, e-mail: info@lacortebomboniere.com

ARTICLE 3 – Conclusion and effectiveness of the contract

The information and details contained in the area reserved for e-commerce on the SITE must not be considered offers: they simply constitute an invitation to CUSTOMERS to conclude business by forwarding purchase proposals.

It is possible to conclude the contract exclusively through the internet, by accessing the CUSTOMER at the address www.lacortebomboniere.com and the creation of a purchase order according to the procedure provided by the SITE.

In particular, the sales contract is considered concluded with the sending by LA CORTE to the CUSTOMER of an order confirmation email. The e-mail contains the CUSTOMER's data and the order number, the price of the goods purchased, the shipping costs and the delivery address to which the goods will be sent. The CUSTOMER undertakes to verify the correctness of the personal data contained therein and to promptly communicate any corrections to THE COURT.

ARTICLE 4 – Availability of products

The availability of the products refers to the actual availability at the time the CUSTOMER places the order. This availability must however be considered purely indicative because, due to the simultaneous presence of multiple users on the SITE, the products could be sold to other CUSTOMERS before the order is confirmed.

Even following the sending of the order confirmation email sent by LACORTE, cases of partial or total unavailability of the goods may occur. In this eventuality, THE COURT will contact the CUSTOMER, taking steps to agree together on the most suitable solution. If, in this last case, there is no possibility of reaching an agreement, the CUSTOMER may request cancellation of the order, terminating the contract. THE COURT will refund any amount already paid within 1 4 days from the day on which THE COURT became aware of the CUSTOMER's decision to terminate the contract. The CUSTOMER exonerates LACORTE from any liability resulting from delays attributable to banking institutions.

ARTICLE 5 – Prices

All sales prices of the products indicated on the SITE are expressed in Euros and include VAT.

Shipping costs are not included in the purchase price, but are indicated and calculated at the conclusion of the purchase process before making the payment. The CUSTOMER accepts LA CORTE's right to modify its prices at any time; in any case, it is understood that the goods will be invoiced on the basis of the prices indicated on the SITE at the time the order is created and indicated in the confirmation email sent by LA CORTE to the CUSTOMER. In the event of an IT, manual, technical or any other type of error that leads to a substantial change, not foreseen by THE COURT, in the public sale price, such as to make it exorbitant or clearly negligible, the purchase order will be considered not valid and canceled and any amount paid by the CUSTOMER will be refunded within 14 days from the day of cancellation. The CUSTOMER exonerates THE COURT from any liability resulting from delays attributable to banking institutions

ARTICLE 6 – Payment methods

Each payment by the CUSTOMER can be made:

- only by means of the credit cards indicated on the SITE.

Communications relating to payment and the data communicated by the CUSTOMER at the time the payment is made will be made on special protected lines.

THE COURT does not become aware of the CUSTOMER's credit card data. Once the order has been received, THE COURT will make a pre-authorization request on the CUSTOMER's credit card to ensure the latter has sufficient funds to complete

the transaction. Credit cards will be subject to checks and authorizations by the issuing body. THE COURT will not be, and cannot be held responsible for any failure to authorize the entity in question. Once the contract is concluded, the charge on the credit card will be final;

- with Paypal: in this case the charge will be made upon confirmation of receipt of the order. In the event that THE COURT does not accept the order proposal, the amount will be credited back to the CUSTOMER.

ARTICLE 7 – Right of withdrawal

The CUSTOMER has the right to withdraw from the contract, without indicating the reasons, within 14 calendar days starting from when he or a third party appointed by him received the product(s) and in the case of purchase of multiple products delivered separately but included in a single order, when he or a third party appointed by him has received the last product.

To exercise the right of withdrawal, the company LA CORTE di BERTACCA VIVIANA STEFANIA with registered office in Via M. Melloni n. must be informed. 19, 20100, of the decision, by sending an explicit declaration or by using the withdrawal form referred to in Annex I part B of Legislative Decree no. 206/2005. To meet the deadline, it is sufficient to send the withdrawal declaration or the form completed in its entirety, before the withdrawal period expires.

In the event of a valid withdrawal exercise, the CUSTOMER will be refunded the payments he has made, including delivery costs.

The refund may be suspended until the goods are received and checked or until the CUSTOMER demonstrates that they have sent the goods back, whichever is earlier. If the product has been delivered, the CUSTOMER must return it intact in its original packaging, to LA CORTE di BERTACCA VIVIANA STEFANIA with registered office in Via M. Melloni n 19,20100, without undue delay and, in any case, within 14 days of calendar starting from the day on which the withdrawal was communicated. The deadline is met if the goods are sent back before the 14 calendar day period has expired. The direct costs for returning the goods, as well as the costs of customizing the product will be borne by the CUSTOMER.

As provided by the art. 57 Legislative Decree no. 206/2005 the right of withdrawal is excluded with reference to goods made to measure or personalized; of goods that deteriorate or expire rapidly; of sealed goods opened after delivery which are not suitable for return for hygienic or health-related reasons.

ARTICLE 8 – Legal guarantee of conformity

In the event of receipt of products that do not conform to the orders or are damaged, the CUSTOMER has the right to have the conformity of the product restored free of charge by replacing it.

ARTICLE 9 – Delivery methods

THE COURT will only accept orders to be delivered in Italy and in the Republic of San Marino, in compliance with the terms and conditions indicated in the SHIPMENTS section.

Upon receipt of the goods, the CUSTOMER is required to verify their integrity; if the CUSTOMER has doubts about the integrity of the same, he must indicate it on the delivery receipt, indicating written reservation or broken package and not collect the broken package, returning it to the courier.

For each order placed on the SITE, LA COURT will issue an invoice for the goods shipped. The invoice will be sent by regular mail or by e-mail.

The invoice will contain all the information provided by the CUSTOMER during the purchase procedure. After the invoice has been issued, it will no longer be possible to make any changes to the data indicated in the invoice.

ARTICLE 10 - Responsibility

THE COURT assumes no responsibility for disservices attributable to force majeure or unforeseeable circumstances, even if dependent on malfunctions and disservices of the internet network, in the event that it is unable to execute the order within the expected time. THE COURT is not responsible for the actions of the courier who transports the goods in the event of a delay in delivery or damage to the same.

ARTICLE 11 – Access to the site

The CUSTOMER has the right to access the SITE for consultation and making purchases. No other use, especially commercial, of the SITE or its contents is permitted.

The integrity of the brands and/or elements of this SITE whether audio or visual, and the related technology used remain the property of LACORTE and are protected by intellectual property rights.

ARTICLE 12 – Integrality

These general conditions of sale are made up of all the clauses that compose it. If one or more provisions of these general conditions of sale are considered invalid or declared as such pursuant to law, regulation or following a decision by a court having jurisdiction, the other provisions will continue to have full force and effect.

ARTICLE 13 – Applicable law and competent court

These General Conditions of Sale are subject to Italian law.

Any dispute that may arise will be subject to the territorial jurisdiction of the judge of the place of residence or domicile of the consumer/CUSTOMER, if located in the territory of the Italian State; otherwise the jurisdiction will be exclusive to the court of MILAN.

General conditions updated on 05/15/2017.

 

By purchasing the products on the SITE, the CUSTOMER declares to have read, understood and accepted the following articles pursuant to articles 1341 and 1342 of the Civil Code: ARTICLE 1 – Object of the contract; ARTICLE 4 – Availability of products; ARTICLE 7 – Right of withdrawal; ARTICLE 11 – Access to the site; ARTICLE 13 – Applicable law and competent court