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1. Responsibility
Pasticceria Banchelli shall
not be held liable for the lack of service due to force-majeure
such as accidents, explosions, fires, strikes and/or lock-ins, earthquakes,
floods and other similar events preventing, either wholly or partly,
the execution of the sales agreement within the agreed times. Pasticceria
Banchelli shall not be held liable by any party for any damages,
loss and costs sustained following the non-fulfilment of the sales
agreement as a result of the occurrence of the above mentioned causes,
including damages, losses and costs sustained following the use
or impossibility of use of the products purchased from Pasticceria
Banchelli. The client shall only be entitled to the return of the
price paid, excluding any delivery charges. Likewise Pasticceria
Banchelli shall not be held liable for any fraudulent and illegal
use which may be made by third parties, of credit cards, cheques
or other methods of payment, at the moment of payment of the products
purchased. Pasticceria Banchelli in fact, has no knowledge of the
credit card numbers of its clients when making a purchase; Pasticceria
Banchelli is not able to control the correct lawful origin of the
credit instrument which is supplied by the client when receiving
the goods.
2. Client obligations
Once the purchase “on-line” or
by fax has been completed
the Client undertakes to
print and/or keep these
general conditions which,
moreover, he has read and
accepted as they are a
mandatory part of the purchase,
in addition to printing
the specifications of the
product purchased, for
the complete satisfaction
of the conditions under
articles 3 and 4 of Legislative
Decree 185/99.
On no accounts must the
purchaser provide false
and/or invented and/or
fictitious information
during registration required
to activate the procedure
for the execution of this
purchase agreement and
additional notifications;
the personal information
and the e-mail must be
exclusively those belonging
to the owner and not to
third parties.
3. Authorisation
In the event the Client
chooses to make payment
by credit card by completing
the relevant fields on
our website, he authorises
Pasticceria Banchelli
to use his credit card
and debit his current
account with the total
amount specified, i.e.
the cost of the purchase
in favour of the above
company. The whole procedure
is performed by means
of a protected connection
directly to the Banking
Institute owning the
card and manager of the “on-line” payment
service, to which Pasticceria
Banchelli cannot gain
access.
4. Resolution of the agreement
and express resolution
clause
The client’s obligations
under article 2 above (client
obligations), in addition
to the client guaranteeing
completion of the payment,
are essential to the agreement;
by express agreement the
non-fulfilment by the client
of any of the above obligations
shall cause this agreement
to be resolved as per article
1456 of the civil code,
without the necessity of
a court hearing, notwithstanding
Pasticceria Banchelli’s
right to start proceedings
to claim further damages.
5. Applicable law and
court of jurisdiction
Any dispute arising
from the application, execution,
interpretation and breach
of the agreements in this
purchase agreement, be
it “on line” or
by fax obtained from the
web site www.pasticceriabanchelli.com
shall be settled by Italian
law; these general conditions
refer, where not expressly
provided, to the provisions
outlined under Legislative
Decree Nos. 50/92 and 185/99.
Any dispute between the
parties in connection with
this agreement shall be
settled exclusively by
the Court of Arezzo.
6. Faculty to exercise
the right of withdrawal
in accordance with Legislative
Decree 185/99
Subjects not classified
as consumers, i.e. persons
acting for purposes in
connection with professional
activities performed, namely
persons placing orders
stating VAT number for
invoice purposes are excluded
from the legislative decree.
The client has the right
to withdraw, without incurring
any penalty and without
having to state his reason,
within and no later than
10 working days from delivery
(the date of delivery stated
on the courier’s
consignment note shall
be used as reference).
The right of withdrawal
can be exercised within
the term provided by sending
a letter with proof of
receipt by registered post
together with all the products
purchased to the following
address: Pasticceria Banchelli – Via
Nazionale No. 64 – 52044
Cortona (AR) Italy. The
letter may be sent in advance
by fax, on condition that
it is confirmed by registered
post with proof of receipt
within the following 48
hours.
Should the right
of recession be applicable,
the Client
must return at his expense
all the articles on the
invoice as they were sent
to him, i.e. new and unused,
complete in every part
and in the original packaging
(bags and packing). Failure
to observe these requirements
shall cause the right of
recession to be inapplicable.
To return the products
we recommend that our Clients
use insured Express Postal
service which is the fastest,
safest and cheapest way
or to use one of the many
couriers. We kindly ask
our Clients to cooperate
with us by following our
procedures when making
returns and not send us
products for which the
right of withdrawal is
not applicable. In the
event the right of withdrawal
is applicable, once we
have received the products,
Pasticceria Banchelli shall
reimburse the client the
full value of the products,
excluding delivery charges,
within thirty days of the
date on which notification
was sent by the following
ways: exchange of goods,
banker’s cheque,
cancellation of the payment
made by credit card, return
of the amount financed
by Consel in the event
of finance already paid.
NOTE: in the event the
right of withdrawal is
not applicable, the products
shall be collected from
our office at the Client’s
responsibility.
7. Withdrawal of the supplier
Should Pasticceria Banchelli
be unable to fulfil the
order due to the non-availability,
including temporary unavailability,
of a product ordered,
it shall have the right
to withdraw from the
purchase agreement within
30 days of the order
date informing the client
of the reason for the
non-supply, in accordance
with article 6, paragraph
2 of Legislative Decree
185/99. In this case
the client shall only
be entitled to full repayment
of the amount already
paid.
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