GENERAL TERMS AND CONDITIONS OF SALE

The products purchased on shop.pasticceriacova.com are sold by Cova Montenapoleone Srl a socio unico, a company registered in the Companies Register of Milan, Italy, REA MI-1776036 CF / P.IVA 04838200964 and with registered office in Via Pietro Cossa 2, 20122 Milan (MI).

 

GENERAL TERMS AND CONDITIONS OF SALE

 

1. Premises.

 

1.1 General information and scope of application.

These general conditions of sale (hereinafter also the “ General Conditions ”) of Cova Montenapoleone Srl a socio unico, with registered office in Via Pietro Cossa 2, 20122 Milan (MI), registration number in the Milan Company Register, Tax Code and VAT number 04838200964 (hereinafter also “ Cova ” or “ Seller ”) regulate the offer, transmission, purchase methods, order confirmation, delivery of the products (“ Product ” or “ Products ”) purchased on the website shop.pasticceriacova.com (hereinafter also the “ Site ”), and the right of withdrawal in favor of the person who made the purchase, who must be of age (hereinafter also the “ Customer ”) of the Products, between the users of the Site and Cova. The General Conditions do not regulate the possible supply of services or the sale of products by parties other than the Seller who may be reachable through the Site via hypertext links, links or banners .

The sales contracts for the Products will be stipulated between the Seller and the Customer and will be concluded exclusively through the Site, by publishing on the Site the creation of a purchase order, confirmed by Cova, according to the procedure provided within the Site itself.

 

1.2 Consumer customers.

The contracts concluded between the Seller and the Customer, where the latter assumes the status of consumer – i.e. a natural person acting for purposes other than any entrepreneurial, commercial, artisanal or professional activity carried out (hereinafter also the “ Consumer ”), as defined in Article 3, paragraph 1, letter a) of Legislative Decree 6 September 2005, n. 206 and subsequent amendments. Consumer Code as well as by Directive 2011/83/EU of the European Parliament and of the Council of 25/10/2011 and by Directive 1999/44/EC of the European Parliament and of the Council of 25/05/1999 (hereinafter also the “ Consumer Code ”) – are governed – in addition to the General Conditions by the Consumer Code.

1.3 Changes to the General Conditions.

The General Conditions may be subject to changes and updates. Each update and change will be regularly published on the Site and the date of their online publication is equivalent to the date of their entry into force.

Any changes to the General Conditions will be given adequate publicity on the Site.

In the event of changes to the General Conditions, the General Conditions published on the Site at the time the order is sent by the Customer will apply to the purchase order. The Customer is invited to carefully read the General Conditions: for this purpose the General Conditions are available on the Site to any visitor.

The Customer is invited to print or keep the General Conditions on a durable medium.

In any case, if the Customer is a Consumer, once the purchase procedure has been concluded, Cova will take care of sending the Consumer, via email, the General Conditions in .pdf format which the Consumer will print or save and in any case keep, in compliance with the provisions of the Consumer Code on distance selling.

2. Products.

2.1 Description of the Products.

The information relating to the Products for sale is indicated on the Site both on the virtual showcase page and on each page dedicated to each Product. The Customer can purchase only Products present and available in the electronic catalogue at the time of placing the order and viewable online on the Site as described in detail in the relevant information sheets.

The descriptions of the Products on the relevant pages also indicate allergens possibly contained within the same Products. Without prejudice to the foregoing, it is understood that the image accompanying the descriptive sheet of a Product may not be perfectly and completely representative of its characteristics (and may differ in color, size and other characteristic elements of the accessory products present in the figure and in the photograph chosen for the Site. All information supporting the purchase is to be understood as simple generic information material, not referable to the real characteristics of a single product and, therefore, as merely indicative.

The Customer may at any time request further information using the contacts on the Site. Cova reserves the right to insert additional information and/or special conditions within the Product information sheets. The Customer acknowledges and expressly accepts that such indications possibly contained in the aforementioned information sheets are an integral part of and, as special terms, will prevail over the General Conditions.

2.2 Availability of Products.

The availability of the Products resulting at the time of the order is purely indicative, since, due to the simultaneous presence of multiple users (and Clients) on the Site, the Products could be sold to others before the Order Confirmation (as defined below ).

Cova reserves the right to modify the composition, characteristics or assortment of the Products on the Site, as well as their presentation or packaging.

3. Method of purchase and conclusion of the contract.

3.1 Preparation and sending of the order proposal.

To purchase the Products, the Customer must complete and send the electronic order proposal form on the Site, following the instructions contained therein and, in particular:

• insert the Product you wish to purchase into the cart – by clicking the “ add to cart ” button and,
• view the cart with the products you intend to purchase and proceed to " check-out ", selecting the delivery and shipping methods (including the related costs) and after having read the General Conditions, with particular reference to the methods of exercising the right of withdrawal, and the Privacy Policy,
• after selecting the “ go to payment ” option, select the desired payment method and choose the “review order” option and,
• After having examined the order you intend to send, proceed with the same by clicking the “ pay now ” button.

The order proposal form contains a summary of the main commercial conditions, including the price, payment methods and delivery methods, as well as summary information on the main characteristics of the Products and a reference to the General Conditions.

Before sending the purchase order proposal:

• the Customer may correct any data entry errors by following the specific modification procedure contained therein. Please note that the Customer has the right to modify the quantity and type of Products he/she intends to purchase by adding or eliminating one or more Products in the " cart " section;
• By pressing the “Check-Out” button, the Customer fully accepts the General Conditions, including the right of withdrawal.

With the check out process, the Customer acknowledges and declares that he has read all the information provided during the check-out procedure and that he fully and unconditionally accepts the General Conditions, as well as the additional information contained on the Site and relating to the Products indicated in the order form as well as the information relating to the Privacy Policy.

3.2 Acceptance of the order proposal.

The Seller reserves the right to evaluate the acceptance of the order proposals received and may refuse or in any case not process purchase order proposals that are incomplete or incorrect, or in the event of unavailability of the Products or that involve the delivery of the Products ordered in certain geographical areas where the service is not possible.

Cova will inform the Customer of any impossibility to accept the orders received within 48 hours from the working day following the day on which the Customer sent the order and will promptly refund any sums already paid by the Customer for the payment of the supply.

Without prejudice to the reimbursement of all sums paid by the Customer, the Customer's right to obtain the payment of any other sum for any reason whatsoever (indemnity, compensation, etc.) is excluded; any contractual or extra-contractual liability for direct or indirect damages to persons and/or things, possibly attributable to the non-acceptance by Cova, even if partial, of an order is also excluded.

3.3 Order confirmation.

The sales contract for the Products indicated in the order proposal form will be concluded exclusively with the sending by Cova to the Customer of an e-mail confirming (acceptance) the relevant order (hereinafter the “ Order Confirmation ”) to the e-mail address communicated by the Customer when sending the order proposal form. This confirmation will summarise the chosen Products, their prices, VAT and any additional taxes due, transport and delivery costs, the delivery address, the order number (hereinafter the “ Order Number ”) together with the General and specific Conditions applicable to the order thus concluded. Only with the Order Confirmation can a binding contract be considered concluded between Cova and the Customer .

The Order Number, generated by the system and communicated by Cova, must be used by the Customer in all subsequent communications with Cova relating to the order.

The Customer will be solely responsible for the accuracy of the email address, delivery address, and all other information provided to Cova when completing the order proposal form. The Customer undertakes to verify the accuracy of the data reported in the Order Confirmation and to promptly communicate any corrections to Cova by contacting Cova Customer Care.

3.4 Purchase of alcoholic products and beverages.

The Customer acknowledges and expressly accepts that in order to purchase alcoholic beverages or products containing alcoholic beverages, he or she must be at least eighteen years of age. Therefore, in the act of completing an order that contains alcoholic beverages, the Customer expressly declares and guarantees that he or she is of legal age.

Cova reserves the right to verify the age of the Customer during the order processing phase as well as during the delivery phase. In the event of proven lack of the aforementioned requirement, Cove reserves the right not to proceed with the Order Confirmation and delivery of the relevant Product.

4. Prices.

4.1 Currency and shipping and delivery costs.

All prices of the Products indicated in the Virtual Showcase of the Site are expressed in Euros (€) including VAT and taxes, if applicable.

Unless otherwise indicated on the Site or during the purchasing process, prices do not include delivery costs, which will be indicated separately on the Site.

Shipping or delivery costs (hereinafter " Delivery Costs ") are the responsibility of the Customer and are adequately highlighted before sending the order proposal form as well as in the Order Confirmation. In particular, the order proposal form, the Order Confirmation and the related receipt/invoice will show in detail:

• the price of the Product
• VAT and any other taxes, if applicable;
• Delivery Costs.

4.2 Price changes.

Prices are subject to change at any time, but such changes will not affect orders for which the Customer has received an Order Confirmation.

The price indicated on the Site and in the order proposal form at the time of sending the order proposal form applies to the Products; any previous offers or price variations that occur subsequently cannot be taken into consideration.

In the event that a price has been published incorrectly by mistake, Cova reserves the right not to confirm the order received, not proceeding with the conclusion of the contract and, consequently, renouncing the sale, in the exercise of the right provided for in point 3.

5. Payment methods.

5.1 Payment methods.

The payment methods are those chosen by the Customer and indicated in the order proposal form. In particular, payment can be made online with a credit or debit card among those recognized and authorized by Cova, PayPal and with any other methods specified on the Site and in the "cart" and "payment" sections.

5.2 Payment security.

Cova will use all means to ensure the confidentiality and security of the data and information transmitted on the Site. The Customer acknowledges and agrees that some payment methods are offered and managed by third parties and that, therefore, Cova cannot be held responsible – for any reason, title or cause for malfunction or fraud occurring through the use of these third-party services by the Customer. All financial information necessary for the transaction will be transmitted, via encrypted protocol to the payment management system, which provides the related remote electronic payment services, without third parties having access to them.

Such information will never be used by Cova except to complete the procedures relating to the purchase and to issue the relevant refunds to the Customer in the event of any returns of the Products, following the exercise of the right of withdrawal, or if it becomes necessary to prevent or report to the police the commission of fraud on the Site.

For transaction security reasons, Cova reserves the right to request the sending of a copy of an identity document of the Credit Card or PayPal account holder, as well as additional information deemed necessary or appropriate for this purpose from time to time (e.g. landline telephone number; copy of household utility bill; etc.).

5.3 Charging and issuing the invoice.

At the same time as the Order Confirmation is communicated, the amount corresponding to the purchased Products will be charged to the Customer. Cova will not be required to deliver any Product until it has received final confirmation of full payment of all amounts due by the Customer under the contract.

Cova will issue the receipt or invoice for the purchase of the Products, sending it via email to the person placing the order within 48 (forty-eight) hours of the Order Confirmation. The information provided by the Customer will be used to issue the receipt or invoice. No changes to the data will be possible after the receipt has been issued.

5.4 Order cancellation and refunds.

In the event of cancellation of the order or in the event of non-acceptance of the order proposal submitted by a Customer by Cova, Cova will request the competent counterparties not to confirm the conclusion of the contract, the cancellation of the payment transaction (if already made) and the refund to the Customers of the amounts already paid.

The refund times, for some types of cards, depend exclusively on the banking system and can reach their natural expiry (24th day from the authorization date); once the transaction has been cancelled, the Customer acknowledges and expressly accepts that in no case may Cova be held responsible for any delays in the re-crediting of such sums or for damages, direct or indirect, caused by the third party and consequent to the delay in the failure to release / re-credit such sums by the banking system.

If the payment was made via PayPal account, the times for re-crediting the payment instrument chosen within the PayPal account will depend exclusively on PayPal and the banking system. Once the amount has been re-credited to the PayPal account, in no event may Cova be held liable for any damages, direct or indirect, caused by delays in the actual re-crediting dependent on PayPal or the banking system.

6. Delivery of Products.

6.1 Delivery methods and delivery costs.

The purchased Products will be delivered to the address indicated by the Customer in the order proposal form and according to the methods chosen by the Customer on the Site, in the “cart” section.

Delivery Costs are the responsibility of the Customer and are separately reported on the Site, in the order proposal form and in the Order Confirmation. The cost of shipping costs may vary depending on the total amount of the individual order.

The Products will be shipped only after Cova has received full payment of the entire order amount.

Cova guarantees the shipment of all Products only within the Italian national territory.

6.2 Delivery times and refund of delivery costs.

Deliveries will be made according to the methods chosen by the Customer in the “shipping” section of the order proposal form. The delivery terms indicated therein are purely indicative and not binding; failure to comply with the delivery dates does not therefore authorize the Customer to terminate the Contract or to exercise any right to compensation for damages. The Customer may eventually proceed with partial deliveries of the Products.

Cova uses proprietary services or services performed by couriers appointed by Cova itself. Pursuant to and for the purposes of art. 56, second paragraph, of the Consumer Code, based on the choice of shipping method, in the event of withdrawal, the entire amount of shipping costs will be refunded by Cova only if the Customer has chosen the standard method.

Cova cannot be held responsible for any delays in processing the order or in delivering the items ordered.

6.3 Product Conformity.

At the time of delivery, the presence of the Customer or a trusted person is required to check that the packaging is intact and clean and that the Products received correspond to those reported in the Order Confirmation.

6.3.1 Non-Consumer Customer.

In the event of visible defects, such as incorrect quantities and/or incorrect Product and non-integrity of the packaging, the Customer or his/her trusted representative must provide the relevant notification on the transport document and contact Cova Customer Care at the e-mail address shop@covamilano.com within and no later than 8 (eight) days from the delivery date.

6.3.2 Consumer Customer.

In any case, the guarantees provided by the Consumer Code remain valid, if applicable. The purchased Products may remain in storage at the carrier for a maximum of 5 (five) calendar days. After this storage period has elapsed without the Customer collecting the Products, these will be returned to Cova, which will reimburse the Customer for the value of the order, except for the price paid for perishable goods, withholding the Delivery Costs and those incurred for the return of the Products to Cova.

7. Right of withdrawal of the Consumer Customer.

7.1 In general.

Pursuant to art. 59 of the Consumer Code, the right of withdrawal is excluded, among others, in relation to the supply of “goods that are liable to deteriorate or expire rapidly ”, “ sealed goods that are not suitable to be returned for reasons of hygiene or related to health protection and have been opened after delivery ”, as well as “ goods made to measure or clearly personalized ”.

Without prejudice to the foregoing - and only in cases where the Customer, who is a Consumer, can exercise the right of withdrawal because the Products purchased do not fall within those referred to in art. 59 of the Consumer Code - pursuant to art. 52 et seq. of the Consumer Code, the following rules will apply.

The Consumer has the right to withdraw from the purchase of the Products without any penalty and without specifying the reason, within 14 (fourteen) days. The withdrawal period expires after 14 (fourteen) days from the day on which the Consumer or a third party, other than the carrier and designated by the Consumer, acquires physical possession of the last of the Product(s) subject to the relevant Order Confirmation. In the case of a contract relating to multiple goods ordered by the customer in a single order proposal and delivered separately, the 14-day period starts from the day on which the customer or a third party, other than the carrier designated by the latter, acquires physical possession of the last good.

7.2 Times and methods of reimbursement following the exercise of the right of withdrawal.

To exercise the right of withdrawal, it is necessary to inform Cova Customer Care of the decision to withdraw from the contract by means of any explicit declaration to this effect (for example by registered letter with return receipt or by e-mail). To this end, it is possible, but not mandatory, to use the standard withdrawal text accessible at https://shop.pasticceriacova.com/pages/termini-e-condizioni-di-vendita-generali

Where the Customer decides not to use the standard withdrawal text, he/she must submit any other explicit declaration of his/her decision to withdraw from the contract by contacting Cova Customer Care.

Once this declaration has been made, the Consumer will receive feedback from Cova Customer Care which will indicate the methods to be used for returning the Product(s).

Once the aforementioned communication has been received, the Consumer must return the Products for which he has exercised the right of withdrawal to the address and within the terms indicated, and in any case within 14 (fourteen) days from the date on which he communicated the withdrawal.

By law, the shipping costs for returning the goods are borne by the Consumer.

The goods must be returned intact, in the original packaging, complete in all its parts (including packaging and any documentation and accessory equipment).

Without prejudice to the right to verify compliance with the above and provided that the right of withdrawal is exercised within the terms indicated above, Cova will refund the amount of the Products subject to withdrawal as quickly as possible and in any case within a maximum of 14 (fourteen) days from receipt of the notice of withdrawal by the Consumer. Cova reserves the right to withhold the refund until it has received the Products subject to withdrawal or until the Consumer has demonstrated that he has returned the Products subject to withdrawal, depending on which situation occurs first.

It is reiterated that the right of withdrawal provided above does not apply with reference to Products made to measure or clearly personalized or which, by their nature, cannot be returned or are liable to deteriorate or alter rapidly, or which are not suitable for return for reasons of hygiene or related to health protection and have been opened after delivery; or which, after delivery, are, by their nature, inseparably mixed with other goods.

7.3 Declaration of withdrawal

.

Without prejudice to the possibility for the Consumer to exercise the right of withdrawal by communicating to Cova Customer Care any other explicit declaration of his/her decision to withdraw from the contract, he/she may use the following standard text: “I/we (*) hereby notify the withdrawal from my/our (*) contract concluded for the purchase of the following goods/services (*) – ordered on (*) / received on (*) – name of the purchaser(s) – address of the purchaser(s) – date.”

7.4 Exclusion of the right of withdrawal.

The right of withdrawal is excluded and, therefore, the preceding paragraphs do not apply with regard to Contracts concluded with Customers who do not have the qualification of Consumer.

8. Purchase as a professional or business.

You can request an invoice under the conditions indicated during check-out or by sending an email to the Customer Care service at the address shown on the Site, indicating the reference order number, the billing information including the tax code (if private) or (if VAT subject) Tax Code plus VAT number plus SDI/PEC code. In this case, the invoice will be sent by email to the indicated address. The Customer requesting the invoice is responsible for correctly entering the billing information and is expressly informed that, in the event of failure to request the invoice, it will not be possible to request it later. If you choose this method, it is necessary to remember that the Customer is no longer considered a Consumer, and therefore will not be able to benefit from the rights reserved to Consumers by the applicable legislation pursuant to the Consumer Code.

9. Intellectual and industrial property rights.

Cova informs that the Site, as well as all trademarks and distinctive signs used by Cova in relation to the sale of the Products, is protected by applicable intellectual and industrial property rights and that any type of reproduction, communication, distribution, publication, alteration or transformation, in any form and for any purpose they occur, of the contents of the Site, the trademarks and distinctive signs used by Cova (such as, by way of example, the works, images, photographs, drawings, dialogues, presentations, music, sounds, videos, graphics, colours, functionalities and design of the Site) is prohibited.

Cova assumes no responsibility for the trademarks and other distinctive signs that appear on the Products it markets on the Site, with respect to which the Customer does not acquire any rights following the conclusion of the order.

10. Processing of personal data.

The Customer's personal data are processed by Cova, as data controller, in accordance with the provisions of the Privacy Policy and Cookie Policy published at the following link https://shop.pasticceriacova.com/pages/privacy-policy-e-cookie-policy, and in any case in compliance with the applicable legislation on personal data, with particular reference to Regulation (EU) 2016/679 and Legislative Decree 196/2003.

11. Force Majeure.

Cova shall be legally exempt from and not obliged to perform, in whole or in part, any obligation towards the Customer in the event of force majeure events, including (but not limited to) pandemics, fires, explosions, natural disasters, wars, riots, lockouts, strikes, any form of governmental intervention, plant or machinery breakdowns, shortages or unavailability from the normal sources of Cova Products or supplies for the manufacture or delivery of the Products, or any other circumstances beyond the reasonable control of Cova.

During a force majeure event, Cova's obligations are suspended for a period equal to the duration of the force majeure event. If the force majeure event continues for a period exceeding 30 days, either party may withdraw from the order affected by the force majeure event with immediate effect by giving written notice to the other party without any compensation being due, other than reimbursement by Cova of all amounts paid to it by the Customer for the Product(s) ordered.

12. Complaints.

 

12.1 In general.

Any complaints must be addressed to Cova via registered mail or certified email to the address covamontenapoleone@legalmail.it

Cova Customer Care can be reached at Via Montenapoleone 8 or at 0276005599

 

12.2 ADR Methods for Consumer Customers.

Pursuant to art. 141-sexies, paragraph 3 of the Consumer Code, Cova informs the Customer who qualifies as a Consumer that, in the event that he/she has submitted a complaint directly to Cova, following which it has not been possible to resolve the dispute thus arising, Cova will provide information regarding the Alternative Dispute Resolution body or bodies for the extrajudicial resolution of disputes relating to obligations arising from a contract concluded on the basis of these General Conditions (so-called ADR bodies, as indicated in art. 141-bis et seq. of the Consumer Code). Cova also informs the Customer who qualifies as a Consumer that a European platform for the online resolution of consumer disputes (so-called ODR platform) has been established. The ODR platform can be consulted at the following address http://ec.europa.eu/consumers/odr/; through the ODR platform the Consumer will be able to consult the list of ADR bodies, find the link to the website of each of them and start an online dispute resolution procedure in which he is involved. In any case, the Consumer's right to bring the dispute arising from these General Conditions before the competent ordinary judge is reserved, regardless of the outcome of the out-of-court settlement procedure, as well as the possibility, where the conditions exist, to promote an out-of-court resolution of disputes relating to consumer relations by resorting to the procedures referred to in Part V, Title II-bis of the Consumer Code. [The Customer who resides in a member state of the European Union other than Italy, may also access, for any dispute relating to the application, execution and interpretation of these Conditions, the European procedure established for small claims, by Regulation (EC) no. 861/2007 of the Council of 11 July 2007, provided that the value of the dispute does not exceed, excluding interest, fees and costs, Euro 5,000.00. The text of the regulation can be found on the website www.eur-lex.europa.eu ].

13. Limitations of liability.

Any limitation of liability provided for in the General Conditions shall not apply, pursuant to Article 1229 of the Civil Code, in cases of fraud and gross negligence or in all cases in which such limitation of liability is excluded pursuant to mandatory provisions of law.

14. Applicable law and competent court.

The sales contract between the Customer and Cova is deemed to be concluded in Italy and governed by Italian law.

For Customers who qualify as Consumers, any dispute arising from any agreement resulting from or in connection with the General Conditions will be subject to the exclusive jurisdiction of the competent court of the place where the consumer Customer resides or is domiciled; in all other cases, the territorial jurisdiction is exclusively that of the Court of Milan, with the exclusion of competing or alternative courts.

2020 - COVA MONTENAPOLEONE SRL

Updated October 2020.