GENERAL TERMS AND CONDITIONS OF SALE AND RELATED PURPOSES
1.1. These General Terms and Conditions of Sale (“GTCS”) regulate the remote sale of products through the website www.fiorentini-baker.com (the “Website”), by REMO Srl, with registered office in Bologna, Piazza Aldrovandi no. 1/A, entry in the Register of Companies with number BO 431846 Tax and VAT no. 00886941202, share capital € 100,000.00 fully paid up (hereinafter also the “Seller” or “REMO”).
1.2. The Customer who intends to purchase one or more Products through the Website must carefully read and download the following General Terms and Conditions of Sale. If the Customer does not intend to accept these GTCS or any of its clauses, he/she is advised not to use the Website.
1.3. These General Terms and Conditions of Sale do not regulate the sale of products by parties other than the Seller who may be present on the Website through links, banners or other hypertext links.
CUSTOMERS OF THE WEBSITE
2.1. The sale of the Products is reserved exclusively to the “Customer”, meaning a person:
who qualifies as a “consumer” under art. 3 of the Italian Legislative Decree no. 206 of 6 September 2005 and subsequent amendments and additions (“Consumer Code”) and who is a natural person acting for purposes unrelated any of his/her entrepreneurial, trade, craft or professional activity;
who has reached the age of 18. The Seller does not sell its Products to persons under the age of 18.
2.2. The Customer, at the moment in which he/she provides the data for the registration to the Website or for the purchase of the products, is aware that he/she cannot communicate the data of another person without his/her prior express consent and that no responsibility can be attributed to REMO in the case in which untruthful and incorrect information has been provided or the purchase has been made by a person under 18 years of age who has declared to be of legal age. Therefore, the Customer assumes any and all responsibility for the correctness and truthfulness of the information provided, also with regard to any third parties.
PRODUCTS OFFERED FOR SALE ON THE WEBSITE
3.1. The main features of each product offered for sale on the Website (“Product”) are presented within each product sheet (“Product Sheet”), together with illustrative images of the Product itself. The images of the Products may not entirely correspond to the real ones due to the Internet browser, the monitor used or graphic requirements and, therefore, must be considered only as indicative of the Product.
3.2. REMO will therefore not be responsible for insubstantial differences between the Product delivered to the Customer and its image and/or description on the Website.
PRODUCT PRICES AND PAYMENT METHODS
4.1. All prices shown on the Website are in Euros, Dollars or Pounds and are inclusive of taxes shown separately, for each Product, on the Purchase Order and on the e-mail confirming the Purchase Order (“Price”).
4.2. The Price of the Products may be subject to updates, therefore, before forwarding the Purchase Order the Customer must ascertain the final sale Price because the forwarding of the Purchase Order implies the obligation to pay on the part of the Customer and therefore the authorisation for the Seller to withdraw an amount equal to the total Price (see the following paragraph). 4.3).
4.3. To this end, before submitting the Purchase Order, an overview is provided with the Price of each selected Product, the total amount in case of purchase of more Products and the relevant delivery costs (including any additional costs to be incurred in case you choose a particular type of shipping and delivery different and/or faster than the standard one) (all together “Total Price”).
4.4. The Total Price may be paid by credit card, using the circuits indicated on the Website, or alternatively using the PayPal payment procedure. In no case will additional costs be charged in relation to the payment method chosen by the Customer.
4.5. Payment for the Products by cash on delivery will not be accepted.
4.6. Credit card: to ensure maximum security, the Customer will make the payment transaction via secure connection and directly to the credit institution that manages the online payment system. The financial information (e.g. credit/debit card number, expiry date, secret code) that the Customer will use for the payment transaction will be encrypted and transmitted directly to the payment manager without passing through the servers used by REMO, which therefore will not have access to this information nor will it be able to save or archive it.
4.7. The validity of the card could be verified through a payment pre-authorisation. Such authorisation is not a charge. In any case the charge on the Customer’s card will be made after the company issuing the card has authorised the transition, which will occur after the confirmation of the Purchase Order; of course, notwithstanding the Customer’s right to be credited again in case of non-performance of the contract for any reason, including second thoughts, or cancellation of the Purchase Order.
4.8. If the Customer has an active credit card on his/her PayPal account, the system allows him/her to save an identification code so that he/she does not have to enter his/her credentials again for subsequent payments. In this case, the data provided will be collected in an encrypted manner and transmitted to PayPal.
4.9. The Products shall remain the property of the Seller until the Total Price has been paid and the Purchase Order will be executed only after receiving confirmation of authorisation to pay the Total Price due as indicated in the Purchase Order.
4.10. Upon the first purchase, the Customer will be asked to communicate the data for the header of the receipt. If the Customer wishes to receive an invoice, he/she must communicate this during the purchase process and provide all the necessary information to this end.
4.11. The Customer is solely responsible for the data entered, therefore he guarantees to use only credit cards of which he/she has the legitimate availability and ownership. REMO is not responsible for any fraudulent or illegal use of credit cards by third parties during the payment of the purchased products, since REMO is not able to know the number of the Customer’s credit card at any time during the purchase procedure, since it is transmitted directly to the bank service provider by opening a protected connection.
SHIPPING AND DELIVERY OF PRODUCTS
5.1. The Product(s) purchased from the Website will be delivered by courier to the address indicated by the Customer in the Purchase Order, in accordance with the delivery times and Charges indicated therein. It is however understood that the shipping and delivery terms indicated are purely indicative and that the Products will be delivered within 30 days from the conclusion of the sales contract at the latest, as provided for by the Consumer Code.
5.2 If the Seller has not fulfilled its delivery obligation within the specified period, the Customer shall invite it to make the delivery within an additional period appropriate to the circumstances. If this additional period granted should expire without delivery, the Customer may withdraw from the purchase contract, subject to compensation for damages.
5.3. It is up to the Customer to check the condition of the Product delivered, the number of Products received and that the packaging is intact and undamaged, including the closures. We invite the Customer to indicate in the transport document of the carrier any anomalies found upon delivery, thus accepting the delivery with reservation.
5.4. REMO shall not be held responsible for the non-delivery or delayed delivery of the Products due to the incorrectness or incompleteness of the data provided by the Customer, as well as if the courier delivers late for reasons attributable to the courier itself.
5.5. The Customer is solely responsible for the address provided for the shipment of the purchased Products and, therefore, is always required to verify the address and all information necessary to enable delivery (e.g. name on the intercom, apt. number, etc.).
5.6. The Customer acknowledges and accepts that if it is not possible to deliver the Products because he/she (or the person in charge of receiving the shopping) is not present at the time of delivery on the day and at the time agreed, he/she must, at his/her own expense, call the numbers indicated on the notice left by the courier and fix a new delivery date.
5.7. The delivery of Products purchased through the Website is made exclusively within the territory of the European Union, UK and Switzerland. Therefore, Customers residing outside the European territory or the indicated shipping countries will not be able to proceed with the purchase.
CONCLUSION OF THE PURCHASE CONTRACT
6.1. Before proceeding to the conclusion of a purchase contract it is necessary to register on the Website by entering your name, surname, e-mail address, address and telephone number. Registration on the Website is free and will be confirmed by an e-mail sent to the address you provide.
6.2 The Customer, by connecting to the Website to make purchases, may:
view the Products available for purchase, select them and add them to the shopping cart (the latter being the virtual container, on the Website, of the Products selected by the Customer before purchasing them, “Shopping Cart”);
enter or confirm the shipping data, destination country and chosen delivery method;
check the Products added to the Shopping Cart, the Price, the Delivery Charges and the Total Price of the Purchase;
choose the payment method among those available;
enter any discount codes;
make any changes to the Purchase Order;
send the Purchase Order following the instructions on the Website.
6.4 The Purchase Order, which will be displayed immediately prior to the conclusion of the purchase contract, will contain summary information on the main features of each Product ordered, the Price (including all applicable taxes or duties), the shipping costs (including any additional costs that the Customer will incur for having chosen a different and/or faster type of shipping and delivery than the standard one), the Total Price and the right to withdraw.
6.5. The Purchase Order completed by the Customer in electronic format and received electronically by the Seller (“Purchase Order”) shall determine the completion of the contract for the purchase of the Products.
6.6. If the payment process fails, the Purchase Order will be cancelled.
6.7. After the conclusion of the purchase contract, the Customer will receive, at the e-mail address indicated, confirmation of receipt of the Purchase Order and a summary thereof and more specifically:
a) a summary of the General Terms and Conditions of Sale as well as the special conditions applicable to the contract;
b) information on the main features of the purchased Product(s);
c) details of the Price of the Products, the Delivery Charges and the Total Price, the taxes applied and the delivery date;
d) Information on the right of withdrawal.
6.8. Finally, once the online purchase procedure has been completed, the Customer is required to print and keep these General Terms and Conditions of Sale, which have already been viewed and accepted during the conclusion of the contract. It is recommended to keep the e-mail received as proof of purchase.
6.9. The language available to Customers for the conclusion of the contract is Italian. Customer Service can communicate with Customers in Italian.
6.10. If the Products presented on the Website are no longer available or on sale at the time of sending the Purchase Order, the Seller will promptly notify the Customer within fifteen (15) days of any unavailability of the Products ordered. In case of forwarding of the Purchase Order and payment of the Price, the Seller shall refund, without undue delay, the amount already pay in advance and the contract shall be considered ineffective between the parties.
6.11. Purchase Orders from countries where the online sale of products is not yet operative cannot be accepted by the Seller.
LEGAL GUARANTEE OF CONFORMITY AND DEFECTIVE PRODUCTS
7.1. The Products sold on the Website are covered by the legal guarantee of conformity provided for by articles 128 – 135 of the Consumer Code (Italian Legislative Decree no, 206 of 6 September 2005 and subsequent amendments and additions). The warranty covers all conformity defects that may occur within 24 months from the date of delivery and the Customer shall have the right, at his/her discretion and provided that the type of Product allows it, to a replacement without being charged with the shipping costs, or to a price reduction that takes into account the use of the goods or to withdrawal from the purchase contract.
7.2. The main features of the Products are presented on the Website in the relevant Product Sheet. However, the images and colours of the products offered for sale may not entirely correspond to the real ones due to the Internet browser and monitor used.
7.3. The Customer must report the defect to REMO, under penalty of forfeiture of the warranty, within two months from the date of its discovery, by sending a registered letter to the Seller’s registered office, or by e-mail to the following address firstname.lastname@example.org and must make the Product available to REMO.
RIGHT OF WITHDRAWAL and REFUNDS
8.1. The Customer has the right to withdraw from the purchase contract, without giving reasons, within 14 days from the day on which he/she or a third party (other than the carrier) designated by him/her, acquires physical possession of the Product(s) purchased.
8.2. In order to exercise the right of withdrawal, the Customer must inform the Seller of his/her decision to withdraw from the contract by means of an explicit statement. To this end he/she may use the Return Form (conforming to the standard form pursuant to art. 49, paragraph 4 of the Consumer Code) available on the Website, to be printed, filled out and sent by e-mail to the following address email@example.com, or by means of an explicit statement of his/her decision to withdraw from the contract to be sent within 14 days of Product receipt.
8.3 If the Customer chooses to use the Return Form to be transmitted by e-mail, he/she will receive confirmation by e-mail of receipt of the request for withdrawal.
If, on the other hand, he/she chooses to send another statement of withdrawal (e.g. letter sent by mail, fax or e-mail), the Customer shall be responsible to prove the correct and timely exercise of the right of withdrawal.
8.4. If the Customer withdraws from the purchase contract and the right of withdrawal is exercised by following the procedures and terms indicated in this paragraph, the Seller will refund the Customer any sums already received for the purchase of the Products. More precisely: all payments made to the Seller will be refunded to the Customer, including delivery costs (with the exception of additional costs arising from any choice by the Customer of a type of delivery other than the least expensive of standard delivery offered), without undue delay and in any case no later than 14 days from the day on which the Seller is informed of the Customer’s decision to withdraw from the contract.
8.5. The only costs borne by the Customer will be those of returning the purchased Products. If the Customer decides to use the carrier indicated by the Seller in the Return Form, he/she will not be required to pay the costs of returning the purchased Products. Payment of the costs for returning the Products will be advanced directly by the Seller, who will release the Customer from any obligation to pay the carrier. For the payment of the returned Product, which will still be borne by the Customer, the Seller will deduct from the refund a lump sum equal to the standard shipping cost of the purchased Products. Furthermore, from the moment in which the purchased Products are returned to the carrier indicated by the Seller in the Return Form, the Seller releases the Customer from any responsibility in case of loss or damage of the Products during transport.
8.6 If the Customer decides to use a shipping method different from the one indicated by the Seller in the Return Form, he/she will have to pay the costs of returning the purchased Products. In this case, an amount equivalent to the cost of standard shipment of the purchased Products will be refunded, while any additional costs for having chosen a different and/or faster type of shipment and delivery than the standard one will not be refunded. In this case, the Customer will be responsible in case of loss or damage of the Products during transport, which is due to his/her negligent choice of carrier and/or shipping methods.
8.7. The returned Products must be delivered to the carrier within fourteen (14) days from when the Customer communicates to the Seller his/her decision to withdraw from the contract.
8.8 If the Customer decides not to use the Seller’s carrier, he/she must return the goods or deliver them to the Seller to the following address: The deadline will be considered met if the Customer returns the Products before the expiry of the 14-day period.
8.9 The Products must in any case be returned intact, undamaged and unused and provided with all original accessories that are part of it; Products returned incomplete, damaged, deteriorated or dirty will not be refunded.
8.10 The Seller, in case of exercising the right of withdrawal, has the right not to accept the return or not to fully refund the sums paid for the purchase in relation to those Products whose main features or quality have been altered or that have been damaged or used. The Customer will be liable for any decrease in the value of the Products resulting from its handling other than necessary to establish the nature, features and functioning of the Products.
8.11. Whatever the payment method used by the Customer, the refund shall be activated by the Seller in the shortest time possible and in any case within fourteen (14) days from the date on which the Seller became aware of the exercise of the right of withdrawal, after verifying the correct execution of the same. The refund may be suspended until receipt of the Products and verification of the same or until the Customer has demonstrated that he/she has returned the goods, whichever comes first.
8.12. Such refunds will be made using the same means of payment used for the initial transaction, unless the Customer has expressly agreed otherwise; in any case, the Customer will not incur any costs as a result of such a refund.
CHANGES AND UPDATES
9.1. The Seller reserves the right to modify and/or update the Website and these General Terms and Conditions of Sale at any time. The Customer who accesses the Website and submits a Purchase Order will adhere to the policies and General Terms and Conditions of Sale in force at the time the Purchase Order is made, unless any changes are retroactive under applicable law.
9.2. If any provision of these Terms and Conditions is held to be invalid, void or for any reason unenforceable, such condition shall not affect the validity and enforceability of the remaining provisions.
CUSTOMER SERVICE, SUPPORT AND SELLER CONTACT DETAILS
10.1. The Customer may contact the Seller and request any information via e-mail at the following address firstname.lastname@example.org or via the telephone number + 39 051.273222 from 10 a.m. to 2 p.m. (the cost of the call from a landline, mobile or from abroad varies according to the mobile operator used).
APPLICABLE LAW, JURISDICTION AND COMPETENT COURT
12.1. Applicable law: these General Terms and Conditions of Sale as well as the contract for the purchase of Products through the Website are subject to Italian law and in particular to the Consumer Code pursuant to the Italian Legislative Decree 206/2005 and its subsequent amendments and additions and pursuant to the Italian Legislative Decree 70/2003 on e-commerce. The sales contract between the Customer and REMO is concluded in Italy.
12.2. Jurisdiction and competent court: for the solution of disputes relating to the interpretation, execution or termination of these General Terms and Conditions of Sales or of the individual contracts for the purchase of Products, the Court of the Customer’s place of residence or domicile, if located in the Italian territory, shall have exclusive jurisdiction. In all other cases, the Customer and the Seller expressly agree to the exclusive jurisdiction of the Italian courts and the territorial competence is exclusively that of the Court of Bologna.
12.3. Conciliation procedure: In case of disputes between REMO and the Customer (as consumer according to art. 3 paragraph 1 letter a of the Consumer Code) arising from these General Terms and Conditions of Sale, we inform you that the European Commission has established a European platform for the online resolution of consumer disputes (so-called ODR platform).
The ODR platform is available at the following address https://ec.europa.eu/consumers/odr/main/?event=main.home.show. Through the ODR platform, the Customer will be able to consult the list of ADR entities, find the link to the website of each of them and initiate an online resolution procedure for the dispute in which he/she is involved.
Version of 22 dec 2021