General terms and conditions of sale and website use

Foreword
These terms and conditions of sale and Website use (‘Terms’) regulate:
– your use of the Website hosted at https://www.davittoriogift.com (‘Website’);
– the purchase and delivery of products made through our Website. The products purchased on the Website (‘Products’) are sold directly by the Company Da Vittorio S.r.l. (‘Seller’), with registered office in Brusaporto (BG), Via Cantalupa 17, Tax Code and VAT number 03237670165.

In welcoming you to our Website, we invite you, before continuing with access or use, to carefully read these Terms, which apply to all visitors and/or users of the Website. By accessing or using the Website you are confirming your acceptance of these Terms and expressing your willingness to be bound by them. If you do not agree with and/or accept these Terms, you may not use this Website and should cease using it immediately.

These Terms, together with your Order Confirmation, constitute the contract for the purchase of the goods between the parties and no other terms or conditions will apply. By confirming that you have read and accept these Terms when you place an order through our Website, you confirm your unconditional acceptance of these Terms. The contract can only be modified by mutual agreement in writing or by email.

If you need further information, you can always contact Da Vittorio S.r.l. by e-mail at gift@davittorio.com or by phone at +39-035.681024.

1. Our trade policy

1.1 The Seller offers products for sale on the Website and carries out its e-commerce activity exclusively in relation to its end users, both as ‘consumers’ pursuant to Legislative Decree 206/2005 (Consumer Code) and as professionals, in any legal form.
1.2 When  using the word ‘consumer’ we are referring to any natural person who acts on the Website for purposes not related to his or her own commercial, entrepreneurial or professional activity, if any.
1.3 In consideration of its commercial policy, the Seller reserves the right not to carry out orders that do not comply with it. In general, the Seller reserves the right to refuse orders or the provision of services to anyone at any time.
1.4 1.4 In order to place orders on the Website, the end user must be of legal age, possess the necessary requirements to enter into legally binding contracts, have a valid email address and possess a verified PayPal account or a credit card or bank account (the credit card or bank transfer payment method can only be used for orders placed by email to gift@davittorio.comas better specified in art. 8.2 below).
1.5 These General Terms and Conditions of Sale exclusively regulate the offer, transmission and acceptance of purchase orders for products on www.davittorio.com between the users and the Seller.

2. Functionality and purpose of the Website

2.1 We use our Website to promote and provide information on the activities, products and events of Da Vittorio s.r.l., as well as to book events through the ‘Life / appointments’ section of the Website.
2.2 Within specific sections of our Website, additional functionalities may be provided. For example, users may be allowed to send us requests for information or to ask for the sending of newsletters relating to our products and events both through the ‘Gift’ section (with regard to the Products) and through the ‘Life / appointments’  section (with regard to the events) or even on other pages of the Website by clicking on the appropriate hyperlinks.
2.3 It is always possible to unsubscribe from the newsletter by using the unsubscribe request command located at the bottom of the email received.

3. Our Privacy and Cookie Policy

3.1 The access to some sections of the Website, as well as the use of some functionalities of the same, such as the request of information or sending of newsletters, may imply the collection and processing of some personal data. For general information on the processing of personal data carried out by Da Vittorio S.r.l. through the Website, including reference to cookies, please read our Privacy and Cookie Policy.
3.2 By using the Website, you acknowledge and agree that communications over the Internet are never completely confidential or secure and that any information or messages sent to the Website may be read or intercepted by parties other than the intended recipients, even if there are notices specifying that a particular transmission is encrypted. If you do not agree with our privacy policy and/or do not wish to accept it, please stop using our Website immediately.

4. Registration and Personal Account

4.1 To complete the purchase agreement, you must register and open an account (‘Account’) by entering all the required information in the relevant section of the Website.
4.2 Please bear in mind that you will be responsible for all activities carried out through your Account (including, for example, any purchase of our products through your Account) and we therefore invite you to keep your access data accurate and confidential and to ensure that third parties do not use your Account without your consent.
4.3 Da Vittorio s.r.l. may cancel or suspend your Account, at any time and without prior notice, if: (i) it reasonably believes that you are using the Account in violation of these Terms, (ii) it reasonably believes that a third party is using your Account without your consent, or (iii) it reasonably believes it is necessary to delete or suspend your Account for security or maintenance purposes.
4.4 The personal data you submit for the purpose of registering an Account, and in general the personal data collected through the Website, is processed in accordance with the European General Data Protection Regulation 2016/679 (GDPR) as detailed in our Privacy Policy which we encourage you to review and which you will be asked to confirm that you have read and accepted when submitting your data.

5. Conclusion of the agreement

5.1 To complete the purchase agreement for one or more products on the Website, after having added the products to your shopping cart, you must follow the instructions for the check out procedure indicated on the relevant page, providing your billing information, shipping address, payment and finally confirming by sending the order form electronically.
5.2 In the order form, which is displayed immediately prior to the conclusion of the purchase contract, we will provide you with summary information about the essential points of your order. The agreement is concluded when the Seller receives your order form electronically, after checking that the data relating to your order is correct.
5.3 The order form will be filed in our database for the period of time necessary to process your order and, in any case, within the terms of the law. You will be able to access your order form by consulting ‘My Order’ section.
5.4 If you wish to cancel your order, you must write an email exclusively to gift@davittorio.com indicating in the cancellation email the order number assigned at the end of the purchase procedure.The purchase order can only be cancelled until the products haven’t been delivered to the courier for shipment. If cancellation is no longer possible because the products have already been shipped, the Seller will immediately inform the customer by email that cancellation is not possible.
5.5 When transmitting the order form, you will be informed that such transmission implies the obligation to pay the price indicated. Before submitting the order form, it is the customer’s responsibility to check that the data entered is correct.
5.6 The languages available to conclude the contract with the Seller are Italian and English.
5.7 Once the contract is concluded, Da Vittorio s.r.l. shall take care of your purchase order.
5.8 The Seller may not process purchase orders that do not provide adequate solvency guarantees or that are incomplete or incorrect or if the products are not available.
5.9 In these cases, we shall inform you by e-mail that the contract has not been concluded and that the Seller has not carried out your purchase order specifying the reasons thereof.
5.10 If the products presented on the Website are no longer available or on sale at the time of your last access to the Website or when you send the order form, the Seller shall inform you of the unavailability of the ordered products in a timely manner and, in any case, within thirty (30) days from the day following the day on which you sent your order to the Seller.
5.11 In the event of unavailability of products already paid for, the Seller shall refund, without undue delay, the amount already paid by you and the contract shall be considered terminated between the parties.
5.12 By submitting the order form electronically, you unconditionally accept and undertake to observe these General Terms and Conditions of Sale in your relations with the Seller and confirm that you know and accept the additional information contained on the Website. If you do not agree with any of the terms set forth in the General Terms and Conditions of Sale, please do not submit your order form for the purchase of products on the Website.
5.13 Once the contract is concluded, the Seller will send you a receipt for the purchase order by email and from that moment on, the order cannot be changed.
5.14 We remind you that the product you purchase is destined exclusively to the country in which you place the order (Italy); therefore, if you decide to place the product in a different country, you are responsible for placing it and you are required to follow the applicable regulations and restrictions both for exporting it from the country in which you purchased the item and for importing it into the country in which you intend to take it, and Da Vittorio s.r.l. hereby disclaims all liability in this regard.
5.15 The Seller also accepts that the purchase order is transmitted by e-mail to gift@davittorio.com. In this case, once the order has been received, the Seller will ask you for your billing, shipping and payment information and will confirm the availability of the products. Once this information has been received, the Seller will send you an order confirmation by email with a summary of the products purchased.

6. Price guarantees and indications

6.1 Only Da Vittorio brand products are offered for sale on the Website, for which the Seller guarantees the quality and authenticity.
6.2 The essential product features are presented on the Website within each product sheet. However, the images and colours of the products sold on the Website may not match the actual products because of the web browser and monitor used.
6.3 Orders are invoiced in euros and correspond to the prices in euros shown on our Website. The amount that will be charged to your credit card, PayPal account or bank account may vary as it is based on fluctuating exchange rates and bank fees. The Seller encourages customers to contact their bank to request detailed information on exchange rates and banking fees related to their transaction.

7. Shipping methods, delivery times and costs

7.1 The products are shipped by a courier which guarantees delivery within 2 to 7 days. For this reason, it is not possible to choose a specific courier at the time of the order and it is not possible to request delivery by post office. The shipment is deemed to be carried out by Da Vittorio but at the expense and risk of the Customer.
7.2 Some products on our Gift Shop cannot be delivered by the courier due to their fragility or to the typology of the products themselves: in this case, it will only be possible to pick them up at our venue by prior arrangement calling +39 035681024 or contacting our customer service at gift@davittorio.com.
7.3 When placing an order, it is important to provide a correct phone number (landline or mobile), in order to ease the delivery procedure.
7.4 It is important to provide a delivery address where someone is available to collect the goods. It is also important to always indicate the surname on the intercom.
7.5 Please do not enter a PO BOX in the address field, as the courier would be unable to deliver the purchased goods. Therefore, a physical delivery address must be entered. In case of deliveries to concierge (with signature for collection by the receptionist), Da Vittorio s.r.l. shall not be held responsible for subsequent non-delivery of the package to the final consignee.
7.6 The Seller shall not be held responsible for any delays due to the execution of the transport service by the courier. Any delay of the courier does not entitle the Customer to withdraw from the purchase or to claim damages.
7.7 Shipping costs
ITALY (islands included) – SAN MARINO – VATICAN CITY
0,00€-99,99€ orders: 16,00€.
100,00€-249,99€ orders: 25,00€.
250,00€-399,99€ orders: 35,00€.
over 400,00€ orders: 42,00€.
GERMANY – FRANCE – BELGIUM – LUXEMBOURG – DENMARK – HOLLAND – AUSTRIA
0,00€-99,99€ orders: 30,00€
100,00€-249,99€ orders: 60,00€
250,00€-399,99€ orders: 70,00€.
over 400,00€ orders: 80,00€.
FINLAND – SPAIN – SWEDEN – IRELAND – PORTUGAL
0,00€-99,99€ orders: 50,00€
100,00€-249,99€ orders: 70,00€
250,00€-399,99€ orders: 85,00€.
over 400,00€ orders: 120,00€.
ENGLAND
0,00€-99,99€ orders: 100,00€
100,00€-249,99€ orders: 140,00€.
250,00€-399,99€ orders: 170,00€.
over 400,00€ orders: 240,00€.
SWITZERLAND – USA and Rest of the World (only countries selectable from the drop-down menu)
0,00€-99,99€ orders: 60,00€
100,00€-199,99€ orders: 80,00€
200,00€-399,99€ orders: 140,00€
over 400,00€ orders: 180,00€.
For shipments to other countries in the Rest of the World that are not included in the drop-down menu list of the Website, the customer can contact the Seller in advance to verify the feasibility of the shipment and the related costs. All the above amounts are net of VAT, which must be added at the rate in force at the time of the purchase order.
Shipping costs do not include any costs and/or customs duties applied by individual non-EU countries, which will be quantified by the Seller to the customer on the basis of the regulations in force in the country of destination at the time of the order.
7.8 Delivery times
ITALY (islands included)
Delivery is normally within 2-7 days, 24 hours after the order has been registered. Possible delays in delivery may be caused by the temporary unavailability of products, service malfunctions by the courier, force majeure or holidays. In the event of purchase by credit card, PayPal or bank transfer, the delay in shipment may be caused by the impossibility of withdrawing the amount authorised for payment. If, after 7 working days (excluding Saturdays and Sundays), you have not yet received the goods, please call +39-035.681024 or contact our customer service at gift@davittorio.com.
FOREIGN COUNTRIES
Delivery is normally within 1 week, 24 hours after the order has been registered. Possible delays in delivery may be caused by the temporary unavailability of the products, by malfunctions in the service by the courier, by force majeure or in case of holidays. In case of purchase by credit card or PayPal or bank transfer, the delay in shipment may be caused by the impossibility of withdrawing the amount authorised for payment. If after 8 working days (excluding Saturdays and Sundays) you have not yet received the goods, please call +39-035.681024 or contact our customer service at gift@davittorio.com

8. Payments

8.1 To pay the products and the related shipping and delivery costs, you may use one of the methods indicated on the order form. In no case will you be charged higher costs than those actually incurred by the Seller, in relation to the payment method you have chosen.
8.2 The following payment methods are accepted:
PAYMENT BY CREDIT CARD THROUGH PAYPAL
Since all transactions are processed by Paypal, Website Customers are guaranteed maximum security on their purchase.
PAYMENT WITH VERIFIED PAYPAL ACCOUNT
Customers can pay directly through their verified Paypal account. The Website only accepts Paypal payments from verified accounts and reserves the right to ship the goods to the address indicated on the verified Paypal account. Payments sent from unverified Paypal accounts will be cancelled.
– PAYMENT BY CREDIT CARD
Customers can also pay by credit card, but only by placing the order by email at gift@davittorio.com and after filling out and signing the credit card authorization form sent by the Seller. In the event of payment by credit card, the financial information (for example, the credit/debit card number or its expiry date) shall be forwarded via secure protocols to the credit institutions involved in the financial transaction, which provide the relevant remote electronic payment services, without third parties having any access to it whatsoever. Moreover, this information will never be used by the Seller except for completing the procedures relating to your purchase and for issuing the relative refunds in the event of any returns of products, following the exercise of your right of withdrawal, or, if it is necessary, to prevent or report to the police frauds on the Website. The price for the purchase of the products and the shipping and delivery costs, as indicated in the order form, will be charged to your credit card when the purchased products are shipped.
– PAYMENT BY BANK TRANSFER
The customer can also pay by bank transfer in advance, but only by placing the order by email to gift@davittorio.com. In this case, the Seller will provide the Customer with the required data for payment by bank transfer (IBAN, order number, etc.) and, once the credit has been confirmed, will ship the purchased products.

9. Gift Vouchers

9.1 Gift Vouchers will be sent directly by email immediately after making the online payment and have no shipping costs.
9.2 Shipping costs will be calculated only if the order will also contain other products purchased from our Gift Shop or shipped by courier at the specific request of the customer, according to the rates listed in these terms of sale (art. 7.7).
9.3 If, in addition to a Gift Voucher, other items will be purchased on our Gift Shop, the Voucher will be sent only by email and not together with the other products.
9.4 The Gift Voucher shall have a unique identification code, provided in the email. It is necessary to refer to this code for any kind of request.
9.5 The Voucher is valid for 3 months from the date of purchase: after this period it will no longer be usable.
9.6 Gift Vouchers can be redeemed every day of the week except for public holidays.
9.7 In the case of ‘Dining’ Gift Vouchers, the chosen menu will be served for the whole table.
9.8 The table or room reservation will be considered valid only if the Voucher is mentioned at the time of reservation and delivered in paper form upon arrival at ‘Da Vittorio’ restaurant on the same day.
9.9 The right of withdrawal for Gift Vouchers can be exercised within 14 days from the date of purchase, except if the same Voucher has been activated within the aforementioned period by making a reservation and providing the unique identification code.
9.10 Anything not expressly indicated in the presentation sheet of the Gift Voucher is not included in the packages.

10. Right of withdrawal

10.1 You have the right to withdraw from the contract concluded with the Seller, without any penalty being charged and without specifying the reason, within fourteen (14) days, starting from the day of receipt of the products purchased on the Website.
10.2 In some specific cases, it will not be possible to exercise the right of withdrawal, as provided for by Article 59 of Legislative Decree 206/2005 (Consumer Code). By way of example, it will not be possible to withdraw from the purchase when the order concerns:
– sealed products which are not suitable for return for hygienic or health protection reasons or which have been opened after delivery;
– products which are liable to deteriorate or expire rapidly;
– custom-made or explicitly personalised products.
10.3 In accordance with the preceding paragraph, we therefore clarify that Products that ‘are liable to deteriorate or expire rapidly’ and that ‘are not suitable for return for hygienic reasons’ include all food products (including wines, spirits and beverages), as the features and qualities of these types of products are subject to alteration, even as a result of improper storage. Therefore, for hygienic reasons and customer protection, the right of withdrawal is applicable only to products purchased on the Website for which the right of withdrawal is not excluded as a result of their nature.
10.4 To withdraw from the contract you can use the Return Form c(conforming to the standard form pursuant to art. 49, paragraph 4 of the Consumer Code) available in the Gift Shop  section ‘Info and returns’, to be printed by the customer, filled in, signed and sent to the Seller exclusively by email at gift@davittorio.com.
10.5 The Seller will send an email acknowledging receipt of the return request.
10.6 If the customer chooses, instead, to send another notification of withdrawal, the charge of proving the correct and timely exercise of the right of withdrawal shall be on the customer himself.
10.7 Once the withdrawal from the contract has been exercised, the customer shall return the products to the Seller by handing them over to the courier for shipment within fourteen (14) days from when the decision to withdraw from the contract has been communicated to the Seller.
10.8 In case of return, the only expenses charged to the customer are those of returning the purchased products.
10.9 The right of withdrawal – in addition to compliance with the terms and procedures described in the preceding points – is understood to have been exercised correctly if the following conditions are also fully complied with:
a) the Return Form (or other written and explicit declaration of the customer’s decision to withdraw from the contract) must be correctly filled in and sent to the Seller at the dedicated email address, no later than fourteen (14) days from receipt of the products;
b) the products must not have been used;
c) the products must be returned in their original packaging;
d) the products returned must be handed over to the courier within and no later than fourteen (14) days from when the decision to withdraw from the contract is communicated to the Seller;
e) the products must not be damaged.
10.10 If the right of withdrawal is exercised in accordance with the procedures and terms indicated above, the Seller shall refund, in the same manner in which payment was made and unless the customer has expressly agreed with the Seller to use a different payment method, any amounts already received for the purchase of products 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 of the customer, without prejudice to the provisions of art. 56 paragraph 3 of the Consumer Code.
10.11 If the methods and terms for exercising the right of withdrawal are not respected (Article 10.9), the Customer shall not be entitled to a refund of the sums already paid to the Seller. Within 14 days from the sending of the email communicating the non-acceptance of the return, the Customer may choose to re-obtain, at his own expense, the products in the state in which they were returned to the Seller, by notifying the Seller, according to the procedures that will be communicated on that occasion. Otherwise, the Seller may retain the products, in addition to the sums already paid for their purchase.
10.12 If there is no correspondence between the addressee of the products indicated in the order form and the person who made the payment of the sums due for their purchase, the refund of the sums, in case of exercise of the right of withdrawal, will be carried out by the Seller, in any case, towards the person who made the payment.
10.13. It is, in any case, the Customer’s responsibility to check the state of the packaging and the products delivered by the courier and to refuse the delivery when there are evident signs of damage. If the client does not check the state of the packaging on delivery, the Seller cannot be held responsible for any damage and/or defect found subsequently due to transport.

11. Ownership, Copyright & Trademark

11.1 The Website and all its content is property of Da Vittorio s.r.l.
11.2 This includes documentation, images, fonts, design. All materials contained on the Website are protected by copyright.
11.3 Any reproduction, alteration, transmission, publication or redistribution to third parties for commercial purposes is strictly prohibited without the express written consent of Da Vittorio s.r.l.

12. Exemption from liability

12.1 Da Vittorio s.r.l. publishes information on its Website in order to provide a service to its customers, however it disclaims all liability regarding the possibility of any technical or factual inaccuracies and/or typographical errors for which immediate correction is provided upon notification.
12.2 Da Vittorio s.r.l. reserves the right to make corrections and changes to the Website whenever it is deemed necessary without prior notice.
12.3 Da Vittorio s.r.l. does not offer any guarantee on the conformity of the information published on its Website with the laws of the jurisdiction of the country where the Customer resides other than Italy.
12.4 Da Vittorio s.r.l. disclaims all liability for any problems, damages or risks that the Customer may encounter while using the Website.
12.5 Da Vittorio s.r.l. declines all liability in case of malfunction related to the deactivation of cookies in the User’s browser.

13. Amendments and updates

13.1 Da Vittorio s.r.l. reserves the right to amend/revise the terms and conditions contained in this legal notice, by updating the same, whenever it considers it appropriate, without any obligation to give prior notice.
13.2 The user is obliged to comply with the terms contained in this legal notice, periodically checking for any updates, changes and corrections.

14. Governing Law and Dispute Resolution

14.1 The General Terms and Conditions of Sale are governed by Italian law and in particular by Legislative Decree No. 206 of 6 September 2005 (Consumer Code), Chapter I ‘Consumer Rights in Contracts’, with specific reference to the regulations on distance contracts and by Legislative Decree No. 70 of 9 April 2003 on certain aspects of electronic commerce.
14.2 By accessing the Website, users also declare that they submit exclusively to the jurisdiction of the Court of Bergamo, without prejudice to the provisions in favour of the consumer in article 66-bis of the Consumer Code.
14.3 Access to the Website from places where its contents are considered illegal is expressly prohibited. Users who decide to access the Website from such countries are fully aware of the legal consequences and penalties they may incur and shall be solely responsible for compliance with local laws.

15. Dispute resolution procedure through the On-line Dispute Resolution ("ODR") platform

Pursuant to and for the purposes of article 14 of EU Regulation 524/2013, customers resident in countries belonging to the European Union may resort to the On-line Dispute Resolution (ODR) procedure, provided for by the European Commission, for the resolution of disputes relating to the on-line services offered by this Website. Further information is available at the following link: https://ec.europa.eu/consumers/odr/or on the Website risolvionline.com of the Milan Chamber of Commerce at the following link: https://www.risolvionline.com

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DA VITTORIO Srl
at DaV PASTRY LAB
Via Tonale n.93
24061 Albano S. Alessandro (BG)
Italy

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Monday to Saturday: 9:00 am - 5:00 pm
Closing day: Sunday

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