1. General Provisions

These conditions apply exclusively between the company EVY S.R.L., headquartered in Via del Rivo, 37, 05100, Terni, P.IVA 01673640551, hereinafter referred to as ”Evy” or “Pasticceria Evy”, owner of the website https://pasticceriaevy.it,And any natural or legal person who makes purchases online on the website https://pasticceriaevy.it, hereinafter referred to as ”Client”.

The conditions that are the subject of this contract may be subject to unilateral changes, so the date of their publication on the site, is equivalent to the effective date.
These conditions govern purchases made on https://pasticceriaevy.it, in accordance with the provisions of Part III, Title III, Chapter I, of the Consumer Code, Legislative Decree. n. 206/2005, as amended by Leg. n. 21/2014 as well as to Legislative Decree. 70/2003 on electronic commerce.

Any changes will become effective as of the effective date of publication on the website.

The contract concluded between Pastry Evy and the customer is concluded with the acceptance, even partial, by Pastry Evy of a purchase proposal issued by the customer, via the Internet, through the website https://pasticceriaevy.it.
Such acceptance shall be deemed tacit unless specific communications are made to the customer within the next 48 hours. Pastry Evy reserves, in fact, the right not to accept orders placed by customers located in areas not covered or underserved by delivery service or from users who reasonably presume conduct not in good faith.

By placing an order, the Customer declares that:

• That you are a consumer in accordance with Article 3 of the Consumer Code;
• To be of legal age;
• That the data provided for the execution of the contract are correct and true;
• That I have read and fully accept the privacy policy and these general terms and conditions stated in https://pasticceriaevy.it

If the Customer is a consumer (i.e. a natural person who buys goods for purposes not related to his professional activity), once the online purchase procedure is completed, he will print or save an electronic copy and in any case keep these general conditions of sale, in accordance with the provisions of art. 3 and 4 of Legislative Decree 185/1999 on distance selling.

The characteristics and ingredients of the Products are individually listed on the Site within each Product tab, where the allergens present are also indicated.

By accepting these Terms and Conditions, Customer agrees to notify Evy by e-mail (at info@evysrl.it) of any allergies or medical conditions that require special attention in the manufacture of the Products. In case of failure to notify, the Client assumes all responsibility in this regard.

2. Prices

All prices of Products posted on https://pasticceriaevy.it are in euros and include VAT.

They do not include the cost of shipping by courier and packaging but are indicated and calculated at the conclusion of the purchase process, before payment is made.

All orders from outside the territory of Italy are conditionally accepted.

Pastry Evy reserves the right to change the price of the products at any time and without notice, it being understood that the price charged to the user will be the one indicated on the site at the time the order is placed and that no account will be taken of any changes (upward or downward) after the transmission of the same.

3. Obligations of the client

The Customer agrees, upon completion of the online purchase process, to arrange for the printing and storage of these Terms and Conditions.

The information contained in the General Conditions must be viewed and accepted by the Customer before sending the purchase order, this in order to fully satisfy the condition set forth in Art. 3 and 4 of Legislative Decree. n. 185/1999. Acceptance is made by marking the space provided on the site. Failing this, the order cannot be executed.

The Customer agrees, before the conclusion of the online purchase procedure to request the issuance of an invoice, indicating the tax data as provided in Art. 22, para. 1, no. 1) of Presidential Decree no. 633/1972, which states: The issuance of an invoice is not mandatory unless requested by the customer no later than the time when the transaction is carried out.

In any case, the client undertakes to always act in good faith, with lawfulness and in accordance with mandatory regulations and morality.

The customer agrees to provide correct information about his or her personal details, contact information, and shipping addresses.
It therefore undertakes to use email addresses, generalities and payment methods of which it claims full ownership and indemnifies Pastry Evy from any direct, indirect damages for any kind of liability including contractual and extra-contractual to the same or to third parties arising from failure to comply with the above obligations.

The customer agrees to notify Pastry Evy at the same time or promptly as soon as he or she becomes aware of any change of destination for delivery or any period when no one will be at the shipping address. In the event of failure or delay in communication by the customer, the same indemnifies Pastry Evy from any possible responsibility regarding the delivery and declares himself aware that this situation represents a case of exclusion of the additional guarantees referred to in Chapter 10 of these conditions of sale.

4. Right of Withdrawal

Purchases made on https://pasticceriaevy.it are governed by the Italian law on distance selling ex D.l. 21/2014 of “implementation of the European Directive 2011/83/EU on consumer rights” as amended.

Therefore, dealing with Pasticceria Evy only perishable items, the right of withdrawal can not be exercised, as required by current legislation, as these are fresh products that by their very nature are likely to deteriorate or expire quickly even as a result of improper storage by the final consumer.

However, the consumer may exercise the right of withdrawal within 14 days from the date of purchase by sending a registered letter A/R, PEC: amministrazione@pec.evysrl.it or email: info@evysrl.it and obtain a refund of the amount paid in the following cases:

1) immediately upon confirmation of the order;
2) when the order has not yet been executed according to the customer’s requirements
3) when the goods have not yet been shipped
4) when 30 days have passed since the purchase except for force majeure, fortuitous event

the consumer, therefore, expressly acknowledges and accepts that in the event that the purchased product has already been processed or has been shipped within 7 days of purchase, he/she will not be able to exercise the aforementioned withdrawal under Article 59 lett. (e) and (d) of d. lgs. n. 206 of 2005

5. Data processing.

The customer, by placing the order, authorizes the processing of data provided by him at the time of purchase under Art. 13 of Legislative Decree. 196/2003 and the subsequent European Regulation 678/16 (so-called GDPR).

Never any data will be provided to third parties except those strictly necessary for the provision of the purchased services (e.g. shipping address and phone number to the courier) and for the use of the verified reviews service as better specified below.

All data necessary for the purpose of service delivery must be communicated correctly by the customer.

For more information regarding the use of data and the privacy rules applied read >>> Privacy Policy

In any case, the data provided by the user at the time of purchase will be used for the proper provision of the service both through email and telephone and further purposes, including sending informative communications about the use of products purchased and commercial offers in the ways specifically indicated in our privacy policy

6. Payments

Pastry Evy only accepts advance payments through:

• PayPal
• Credit Cards
• Debit Cards (e.g., Postepay)

Thanks to our SSL (Secure Socket Layer) certificate, your sensitive data is safe. All payment data is protected because it is encrypted with 256bit technology.

7. Shipping

Goods are shipped no later than 7 business days after receipt of payment validation.

However, in 90 percent of cases, orders placed by Tuesday are delivered, barring holidays, generally by Friday of the following week.

Repeated absence or unavailability of the customer and the consequent late delivery of the package by the courier, as well as the return by the courier to Pastry Evy due to absence, unjustified causes or others attributable to the customer shall not constitute grounds for a refund of the price or the application of guarantees by Pastry Evy.

Couriers used by Pastry Evy do not call the customer to arrange delivery (unless autonomous and fortuitous decision of the customer’s driver).

The call can be from a few hours before the delivery up to a few tens of minutes before as it depends on the driver’s organization of the tour and whether the customer is among his first or last deliveries.

In the absence of the purchase of such a service or in the presence of communication of incorrect contact information Pastry Evy can not guarantee that the courier will call the customer limiting the same to send an email of successful shipment with the date of presumed delivery.

NB Pastry Evy also reserves the right not to accept orders for locations that are difficult to reach. This is because of the nature of the product.

Pastry Evy cannot ensure deliveries at times set by the customer.

For this reason, any “notes” issued by the client pertaining to this issue will be processed to the best of our ability by Pastry Evy, but compliance is not assured for the reasons stated above.

8. Damaged Products and Ancillary Warranties.

Evy Confectionery guarantees maximum control of its products at every stage before and after shipment.

Pastry Evy has provided an ancillary guarantee in case the product arrives:

• Objectively in an unsuitable condition not attributable to the customer and not immediately detectable upon delivery*

Pastry Evy will reship the entire order within 15 working days free of charge or issue refund of the amount paid.

To take advantage of this guarantee, the customer must contact Evy Patisserie within 24 hours of receiving the package at the email address info@evysrl.it sending photographic evidence of what the same claimed. On penalty of inadmissibility of the application.

NB Pastry Evy cannot be held responsible for any damage to the product due to damage to the packaging during transport. The customer, upon receipt of the damaged goods, is obliged to place a reservation (note) on the delivery note, where any damage suffered by the packaging or any break-in is highlighted.

EXCLUSION OF WARRANTY

This guarantee does not operate in the event that:

• the courier does not find you at the home and is forced to return several times;
• the damage or delay in delivery of the goods resulted from the customer’s incorrect communication of delivery details (e.g. wrong address, wrong cell phone, wrong email);
• the damage or delay of goods delivery is due to force majeure, fortuitous event or strike proclaimed by couriers or any other related, connected or presupposed activity;
• delivery has been delayed due to the express request of the customer or due to the violation of the obligations referred to in item 3 above;
• the package is visibly damaged and the customer upon receipt of the goods has not placed a reservation (note) on the delivery note, where the damage suffered by the packaging or any break-in is highlighted.

9. Billing

Pastry Evy sells only to an audience of private consumers, however, one can request in the order notes the disbursement of the electronic invoice.
However, it is necessary that this request be made at the same time as the purchase and payment in order to avoid situations that are difficult for both parties to handle administratively.

The Customer agrees, before the conclusion of the online purchase procedure to request the issuance of an invoice, indicating the tax data as provided in Art. 22, para. 1, no. 1) of Presidential Decree no. 633/1972, which states: The issuance of an invoice is not mandatory unless requested by the customer no later than the time when the transaction is carried out.

10. Exemption of Responsibilities

Pastry Evy’s liability is intended within the limits of its obligations under these terms and conditions of sale and the amount paid at the time of purchase.

Pastry Evy is not responsible either to the customer or to parties directly or indirectly related to them for delays, inefficiencies or suspensions of the site that depend on third parties or caused by force majeure or fortuitous event (including but not limited to: suspension, slowdown or malfunctioning of telephone service or electricity supply, malfunctions of the Internet network or Internet service provider, or of the software used for the performance of the service, impediments or obstacles determined by provisions of law or acts of foreign national authorities, measures or acts of a legal nature or facts of third parties, or other causes not directly attributable to Pastry Evy) problems or inefficiencies inherent hosting and domain; for malfunctioning of services, loss of data, accidental disclosure of personal or sensitive data, and any other type of damage occurred as a result of attacks by hackers, thieves, hackers, crackers, viruses, etc.

The customer agrees to provide correct information about his or her personal details, contact information, and shipping addresses.
It therefore undertakes to use email addresses, generalities and payment methods of which it claims full ownership and indemnifies Pastry Evy from any direct, indirect damages for any kind of liability including contractual and extra-contractual to the same or to third parties arising from failure to comply with the above obligations.

Any information or news provided on this site, in particular any information or news related to health conditions, medical and/or preventive care, medications, diseases or disorders is presented purely for general and indicative purposes and with the sole informational purpose of guiding the user to a correct choice.

The information on this site is a faithful reproduction of what is communicated by the product’s suppliers/distributors and should in no way replace the direct relationship between health professional and patient; Pastry Evy reports in its blog articles and data sheets the official data available on the manufacturers’ websites and/or bibliography used. Therefore, no responsibility is taken for the contents and their accuracy. Therefore, the use of the products is the sole responsibility of the customer. This site does not provide medical advice and in no way replaces the advice of your primary care physician.

If you have any medical conditions, you should consult your health care provider before use.

11. Online dispute resolution for consumers

Consumers residing in Europe 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.

Consequently, if you are a European consumer, you can use that platform for the resolution of any dispute arising from the online contract concluded with Evy Confectionery.

The platform is available at the following link ( http://ec.europa.eu/consumers/odr/ ).

Pastry Evy is available to answer any questions forwarded via email to the email address posted in this

12. Complaints

Any complaints must be addressed in writing, by registered mail with return receipt to Evy s.r.l. – Via del Rivo, 37, 05100, Terni. via email: info@evysrl.it or to PEC: amministrazione@pec.evysrl.it

If the Customer is a consumer, any civil and/or criminal dispute relating to the application, execution, interpretation and breach of the distance sales contract will be under the territorial jurisdiction of the reference court where the Customer has his residence or domicile, if located in the territory of the Italian State.

13. Jurisdiction and venue

This Agreement is governed by Italian law and all disputes between the User and Pasticceria Evy are reserved to the exclusive jurisdiction of the court of Terni.

Should the provisions of this Agreement be found invalid or unenforceable, they shall nevertheless be interpreted in a manner that reflects the common intentions of the parties in accordance with the remaining provisions of this Agreement.

The failure of Pastry Evy to exercise the rights and provisions provided in this Agreement shall not constitute a waiver of the same unless expressly stated in writing by Pastry Evy

Pursuant to Articles 1341 and 1342 of the Civil Code, I declare that I have read and specifically approve the clauses and related paragraphs in 1), 3) 4), 5), 7), 8), 9), 10), 11), 12) and 13)

We recommend that you print and preserve these terms and conditions.

Evy Ltd.

Registered office Via del Rivo, 37, 05100, Terni
P. VAT 01673640551
E-mail: info@evysrl.it
Pec: amministrazione@pec.evysrl.it