Terms and conditions of sale
1.1 These general conditions regulate the sale and supply of pastry or food products (hereinafter referred to as the “Products”) made by the company Tisti Pasticceria Di Tisti Fabio & C. S.A.S., with registered office in corso Moneta, 51/53, 28845, Domodossola, Verbania, C.F. P.IVA 02667480038 (hereinafter referred to as “Tisti Pasticceria”) through the website https://tistipasticceria.it/shop (hereinafter, the “Site”) to individuals who make the purchase as consumers. Your submission of an order implies your acceptance of these terms and conditions. You must be of legal age to purchase Products on the Site.
1.2 These general conditions can be downloaded from the Site at the link ‘conditions of sale’ Tisti Pasticceria may change these general conditions in the future: you will be informed by a notice that will be posted on the Site.
1.3 These general conditions do not affect the rights and actions granted to consumers by Legislative Decree 6.9.2005, no. 206 as amended and supplemented (the “Consumer Code”) and in particular by Section II.
2.1 To proceed with the order, the user to register with the appropriate procedure provided on the Site. Registration is free. To register for the Site, users must fill out the appropriate form by entering their first name, last name, address, phone number, email address, and a password. Successful registration to the Site will be confirmed to the user via an email. Registration to the Site allows the user to carry out through a private and personal area, among others, the following activities: follow the status of orders; consult their order history; access support services; manage their personal data and modify them at any time; use dedicated services that may be activated from time to time by Tisti Pasticceria.
2.2 The display of Products on the Site’s virtual storefront constitutes an invitation to bid; to purchase a Product, you will need to submit an order in accordance with the procedures set forth herein. The order will be considered as a contractual proposal addressed to Tisti Pasticceria, which reserves the right to accept or reject it, at the outcome of the checks made on the user’s condition or the availability of the Products.
2.3 In correspondence with each Product published on the Site, Tisti Pastry indicates whether the same (i) is available; (ii) is not available. The indication regarding the availability of Products is not binding, it being understood that Products indicated as “unavailable” cannot be ordered. In the event of supervening unavailability of a product indicated as available at the time the order is sent by a Customer, Tisti Pasticceria undertakes to indicate to such Customer, in a subsequent communication by e-mail, the approximate time expected for a new availability of the Product(s) in question and will refund any sums of money already received by the same.
3.1 In case of satisfactory outcome of the checks, Tisti Pastry will send the user by e-mail an order confirmation, summarizing all special and general conditions of purchase. The contract of sale will be considered finalized and concluded only with the receipt by the user of the order confirmation sent by Tisti Pastry.
4.1 The characteristics (including allergens present) and price of the various Products for sale on the Site are shown on the page for each Product. In any case, it is the user’s responsibility to notify Tisti Pastry, concurrently with the placing of the order, or by email to the address email@example.com , the presence of any allergies or diseases.
4.2 Variable Weight Products are those products whose actual weight is only determined at the time of their preparation, and therefore, prices for such Products are offered on the Site in approximate sizes and weights. The actual weight of such Products may vary up to 20% more or less than what is indicatively proposed on the Site and, for that reason, the actual weight and amount determined at the time of order may differ from the weight and amount calculated at the time of delivery.
4.3 The visual representation of the Products on the Site, where available, normally corresponds to the photographic image accompanying the description sheet. It is understood that the image of the Products themselves is for the sole purpose of presenting them for sale and may not be perfectly representative of its characteristics and quality but may differ in color and size. The packaging of the Products delivered may not coincide with that represented on the Site in the event that the manufacturer has modified the packaging and, therefore, for reasons beyond Tisti Pasticceria’s control. In case of any difference between the picture and the written Product sheet, the description in the Product sheet always prevails.
5.1 The prices of the Products are clearly indicated on the Site and, unless otherwise indicated, are inclusive of VAT. To the price of the product must be added the shipping cost (always indicated on the Site), the amount of which varies depending on the request and destination.
5.2 Due to the provisions of Section 4.2 above, the actual amount payable upon delivery may differ from the amount determined at the time of the order in the event that the order contains Variable Weight Products or in the event of unavailability on the date of delivery of one or more of the products ordered. The exact amount of the expense, containing Variable Weight Products, will be communicated with the delivery document and will be charged only at the time of delivery, without prejudice to Tisti Pastry’s commitment to bear, for Variable Weight Products, that part of the price that is more than 20% higher than the amount communicated on the date of acceptance of the order.
5.3 Payments can be made in the following ways: (i) Online by credit card and Stripe; Upon acceptance of the order, Tisti Pastries will reserve on the credit card indicated by the user an amount equal to the amount indicated in the order confirmation.
5.5 If the purchase is made by a professional, it will be possible to request the issuance of an invoice by checking the appropriate box during the order process and entering the billing information including tax code and/or VAT number. In this case, the invoice will be sent in the form required by law, as well as by email to the address given. The practitioner is responsible for the correct entry of billing information and is expressly informed that if an invoice is not requested at the time of ordering, it will not be possible to request it later. In the event that the user requests the issuance of an invoice and/or is otherwise not a “consumer or user” as defined in Art. 3, paragraph 1, letter a), of the Consumer Code, will not find the provisions on withdrawal referred to in Article 10 below and in any case all those that under the same Consumer Code apply only to “consumers”.
6.1 Tisti Pastry makes delivery by specialized carriers specially appointed by it, in the European territory and abroad. Products purchased on the Site will be delivered to the address indicated by the Customer during the purchase process.
6.2 Delivery times stated on Tisti Pastry’s Site are merely indicative estimates based solely on availability, normal order processing and delivery times stated by carriers and do not imply any obligation on Tisti Pastry. In any case, delivery will take place within 30 days after receipt of the conclusion of the contract, pursuant to Art. 61, Consumer Code.
6.3 Delivery requires the presence of the user or of a person appointed by the user who is fit and qualified to receive delivery also in relation to the nature of the Products ordered; the user expressly exonerates Tisti Pasticceria from any responsibility in this regard. Delivery will not be made if the user or the person appointed by the user is manifestly unfit to collect the Products due to age-related conditions. Couriers do not deliver to post office boxes or by placing Products in mailboxes or other similar places.
6.4 Users, or such other persons as may be appointed by Users who are at the address given for delivery of the Products, are required to verify, at the time of delivery, that: (i) the Products correspond to what is indicated in the courier’s transport document (DDT) both in number and type; (ii) the packaging/packaging of the Products is intact, undamaged, not wet or otherwise altered, including the sealing materials. Any damage to the packaging/packaging of the Products must be immediately challenged by the users by placing a written inspection reservation on the courier’s proof of delivery. It is understood that once the courier’s document is signed without any dispute, users can no longer raise any objection to Tisti Pastry with reference to the external characteristics of what was delivered.
6.5 The transfer of ownership of the Products will occur at the time of delivery just as the risk of loss of or damage to the Products will transfer to you at the time of delivery, i.e., when you, or a third party designated by you, materially enter into the availability of the Products.
7.1 All Products sold on the Site are covered by the legal warranty of conformity provided for in Articles 128-135 of the Consumer Code.
7.2 If a purchased Product has a conformity defect, you must notify us within 3 days from the date of receipt of the Product, otherwise the warranty will no longer be valid. In order to qualify for the legal warranty, you must provide the order confirmation or purchase invoice, if requested, or any other document that can attest to the date the purchase was made (e.g., credit card statement or bank statement) and delivered.
7.3 Excluded from the scope of the legal warranty are any failures of the Products caused by accidental facts or by the user’s responsibility such as a bad or improper way of storing the Products.
7.4 In the event of a conformity defect duly reported within the terms, the user shall be entitled: (i) primarily, to the replacement of the Product free of charge, at its option, unless the remedy sought is objectively impossible or excessively burdensome compared to the other, taking into account in particular that perishable food products are involved; (ii) secondarily (i.e., in the event that replacement is impossible or excessively burdensome) to the reduction of the price or termination of the contract at your option.
7.5 Purchasing with a VAT number is considered an indication that, for the purposes of the legal guarantee of conformity, consumer status does not exist. Purchasers with VAT numbers will be granted the guarantees for defects in the thing sold provided by the Civil Code.
7.6 In the event of conformity defects in Products sold by Tisti Pasticceria, the user must immediately contact Customer Service using the methods set forth in Article 11 below.
8.1 The information about the Products provided through the Site is constantly updated. However, it is not possible to guarantee the complete absence of errors for which, therefore, Tisti Pastry cannot be held responsible, except in cases of intent or gross negligence.
8.2 Tisti Pasticceria reserves the right to correct errors, inaccuracies or omissions even after an order has been submitted, or to change or update information at any time without prior notice, without prejudice to your rights under these general conditions and the Consumer Code.
8.3 Except in cases of willful misconduct or gross negligence, any right of the user to compensation for damages or the recognition of an indemnity, as well as any contractual or extra-contractual liability for direct or indirect damages to persons and/or property, caused by the non-acceptance or fulfillment, even partial, of an order, is excluded.
9.1 Pursuant to and in accordance with Art. 59 lett. d) of the Consumer Code, the right of withdrawal relating to Fresh Products that are likely to deteriorate or expire rapidly is excluded. Pursuant to Art. 59 lett. c) of the Consumer Code, the right of withdrawal is in any case excluded for customized or tailor-made Products at the user’s request.
9.2 In all other cases, the user, who holds the quality of consumer, has the right to withdraw, without penalty and without the need to specify the reason, no later than fourteen days from the receipt of the Products (or, in the case of multiple goods ordered by means of a single Order and delivered separately, from the day on which the user or a third party designated by him, other than the carrier, acquires physical possession of the last good).
9.3 For the purpose of exercising the right of withdrawal you must, before the expiration of the period referred to in the preceding paragraph, inform Tisti Pasticceria of your decision by sending written notice within 14 days of receipt of the Products to the following address:
– Tisti Pasticceria di Tisti Fabio & C. S.a.S with registered office at corsoMoneta 51/53, 28845, Domodossola, Verbania.
Such notice can be sent by mail, or by e-mail to: firstname.lastname@example.org.
9.4 In case of exercise of the right of withdrawal, the user is required to return the Products received to Tisti Pasticceria, by returning them to its premises at the address indicated above, without undue delay and in any case within fourteen days from the date on which he communicated his decision to withdraw; the deadline shall be considered met if the user returns the Products before the expiry of the fourteen-day period.
9.5 You are responsible for the direct cost of returning the Products.
9.6 You are required to return the Products in undamaged condition. Packaging of the Products must be accurate in order to safeguard the original wrappings from damage, affixing of writing or labels. The consumer is liable for any diminution in the value of the goods resulting from handling the goods other than what is necessary to establish the nature, characteristics or operation of the goods.
9.7 Where the right of withdrawal has been exercised in accordance with the above provisions, Tisti Pasticceria will, within fourteen days of receipt of the notice of withdrawal, refund to the user all payments received, in relation to the order to which the withdrawal relates, using the same means of payment used by the user for the initial transaction where this does not entail costs to the user consequential to the refund; however, it is Tisti Pastry’s right to withhold the refund until it has received the Products or until you have demonstrated that you have returned the Products, whichever situation occurs first.
10.1 These general conditions or otherwise orders submitted under these general conditions shall be subject to and shall be construed in accordance with Italian law.
10.2 All disputes relating to the interpretation and / or execution of these general conditions and orders issued under them, will be the exclusive jurisdiction of the court of residence or domicile of the user qualifying as a consumer if located in the Italian territory; in all other cases, the territorial jurisdiction is exclusively that of the Court of Verbania, any other jurisdiction excluded.
10.3 The consumer residing in the European Union should be aware that the European Commission has established an online platform that provides an alternative dispute resolution tool. This instrument can be used by the European consumer to non-judicially resolve any dispute relating to and/or arising from contracts for the sale of goods and services entered into online. Accordingly, and subject to the foregoing in this Article 10, a user making purchases as a consumer may use this platform for the resolution of any dispute arising from the online contract entered into with Tisti Pasticceria. The platform is available at the following link:
11.1 For further information and assistance on the Site or on how to purchase on the Site or place orders, users may contact Tisti Pastry via customer service email at the following addresses: email@example.com e firstname.lastname@example.org