Terms and conditions of sale

1. Effectiveness of the general terms and conditions

1.1 These general terms and conditions govern the sale and supply of bakery products (hereinafter the “products”) made by Forno Follador srl, with registered office in Via Roma 19 – 33080 Prata di Pordenone (PN), VAT and Tax Code 01971860935 (hereinafter “Follador”) through the site https://www.fornofollador.it (hereinafter “The Site”) to individuals making the purchase as consumers. Sending an order implies the user's acceptance of these general terms and conditions of sale. You must be of legal age to purchase Products on the Site.

1.2 These general terms and conditions can be downloaded from the Site at the “terms and conditions of sale” link; these general terms and conditions may be modified in the future: users will be informed by a notice published on the Site.

2. Order

2.1 To proceed with an order, the user must register using the specific procedure provided on the Site. Registration is free. To register on the Site, the user must fill out the appropriate form entering their first name, last name, address, phone number, email address, and a password. Successful registration on the Site will be confirmed to the user via a specific email.

2.2 The display of Products on the Site's virtual storefront constitutes an invitation to offer; to purchase a Product, an order must be sent according to the procedures indicated here. The order will be considered a contractual proposal addressed to Follador, which reserves the right to accept or reject it.

2.3 For each Product published on the Site, Follador indicates whether it is customizable, available, or unavailable. The indication regarding Product availability is not binding, though products marked as “unavailable” cannot be ordered. In the event of subsequent unavailability of a Product indicated as available at the time the order was sent by a Customer, Follador undertakes to inform said Customer, in a subsequent email communication, of the estimated times for new availability of the Product(s) in question and will proceed to refund any sums of money already received.

2.4 If a Product is marked as “Customizable,” it means that the product can be modified/adapted/personalized according to the customer's specific requests. In this case, Customers must specify their requests in the appropriate space when sending orders. After sending the order confirmation, Follador undertakes to communicate to Customers, via email, the expected deadline for shipping the personalized Product.

3. Conclusion of the contract

3.1 If the checks are successful, Follador will send the user an order confirmation via email, summarizing all the specific and general conditions of the purchase. The sales contract will be considered finalized and concluded exclusively upon the user's receipt of the order confirmation sent by Follador.

4. Products

4.1 The characteristics (including any allergens present) and the price of the various Products for sale on the Site are listed on the page for each Product. In any case, it is the user's responsibility to inform Follador of any allergies or medical conditions when sending the order, or via email at info@fornofollador.it.

4.2 The visual representation of Products on the Site, where available, normally corresponds to the photographic image accompanying the technical sheet. It is understood that the image of the Products is for the sole purpose of presenting them for sale and may not be perfectly representative of their characteristics and quality, and may differ in color and size. The packaging of delivered Products might not match that shown on the Site if the manufacturer has changed the packaging for reasons beyond Follador's control. In case of any difference between the image and the product's technical sheet, the description in the Product's technical sheet shall always prevail.

5. Prices and payment methods

5.1 Product prices are clearly indicated on the Site and, unless otherwise stated, include VAT. Shipping costs, fixed at €6.90 per order (unless there are ongoing promotions or otherwise indicated on the Site), must be added to the Product price.

5.2 Payments can be made using the following methods:

  • Online with PayPal

Upon acceptance of the order, Follador will authorize an amount equal to that indicated in the order confirmation on the credit card provided by the user.

5.3 If the purchase is made by a professional, they will have the option to request an invoice by selecting the appropriate box during the ordering process and entering the billing data, including tax code and/or VAT number and unique code. In this case, the invoice will be sent in the forms provided by law, as well as via email to the address provided. The Professional is responsible for correctly entering the billing data and is expressly informed that if an invoice is not requested during the ordering phase, it will not be possible to request it later. If the user requests an invoice and/or is not a 'consumer or user' as defined in art. 3, paragraph 1, letter a, of the Consumer Code, the provisions of the same Consumer Code that apply only to “consumers” will not apply.

6. Delivery conditions

6.1 Follador carries out delivery through specialized carriers specifically appointed by them, exclusively within the Italian territory. Products purchased on the Site will be delivered to the address indicated by the Customer during the purchase process.

6.2 Delivery times reported on the Follador Site are merely indicative estimates based exclusively on availability, normal order processing, and delivery times declared by the carriers, and do not constitute any obligation for Follador. In any case, delivery will take place within 30 days of the conclusion of the contract, pursuant to art. 61 of the Consumer Code.

6.3 Courier deliveries are made during working hours; therefore, it is preferable to provide an address where someone is always present for collection, otherwise the package will go into storage, resulting in delivery delays and potential storage fees. Delivery of the purchased items is intended to be at street level. Follador and the Carrier decline all responsibility for non-delivery resulting from causes such as failure to collect, incorrect or incomplete address, or other causes beyond their control. In the event of failure to collect the ordered Products held in the courier's warehouse within two (2) working days, Follador will cancel the purchase order due to the impossibility of delivering the Products to the address indicated by the Customer at the time of the order, charging the latter for the storage costs of the Products. Since the delivered goods are food items and therefore perishable, the Customer will not be refunded the amount already paid.

6.4 Users or other parties appointed by users who are at the address indicated for the delivery of the Products are required to verify, at the time of delivery, that:

  • the products correspond to what is indicated in the courier's transport document (DDT) in terms of both number and type;
  • the packaging of the products is intact, not damaged, wet, or otherwise altered, including the sealing materials.

Any damage to the packaging of the Products must be immediately contested by users by adding a written control reserve 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 Follador regarding the external characteristics of what was delivered.

Subsequently, any damage must be reported within two (2) days of receiving the Products according to the procedures provided by the operator chosen for shipping and/or delivery.

6.5 The transfer of ownership of the Products will occur at the time of delivery, just as the risk of loss or damage to the Products will transfer to the user at the time of delivery, i.e., when the latter, or a third party designated by them, physically takes possession of the Products.

7. Product warranty

All products sold on the site are covered by the legal guarantee of conformity provided for by the Civil Code and the Consumer Code, as far as they are compatible with their nature as perishable products destined to expire quickly.

8. Errors and limitations of liability

8.1 Information regarding the Products provided through the Site is constantly updated. However, it is not possible to guarantee the complete absence of errors, for which Follador cannot be held responsible, except in cases of willful misconduct or gross negligence.

8.2 Follador reserves the right to correct errors, inaccuracies, or omissions even after an order has been sent, or to change or update information at any time without prior notice, without prejudice to the user's rights under these general terms and 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 an indemnity is excluded, as is any contractual or extra-contractual liability for direct or indirect damage to persons and/or things caused by the non-acceptance or fulfillment, even partial, of an order.

9. Absence of right of withdrawal

9.1 The right of withdrawal does not apply to contracts concluded through the website https://www.fornofollador.it, since pursuant to and for the purposes of art. 59 letter d of the Consumer Code, the right of withdrawal is excluded for fresh Products that risk deteriorating or expiring rapidly, and pursuant to and for the purposes of art. 59 letter c of the Consumer Code, the right of withdrawal is in any case excluded for personalized Products or those made to measure at the user's request.

10. Applicable law, jurisdiction and competent court - Alternative dispute resolution

10.1 These general terms and conditions or any orders sent under these general terms and conditions will be subject to and must be interpreted in accordance with Italian law.

10.2 All disputes relating to the interpretation and/or execution of these general terms and conditions and the orders issued under them will be the exclusive competence of the court of residence or domicile of the user qualifying as a consumer if located in Italian territory; in all other cases, territorial competence is exclusively that of the Court of Pordenone, with any other competent Court excluded.

10.3 Consumers 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 tool can be used by European consumers to resolve out-of-court any dispute relating to and/or arising from sales contracts for goods and services stipulated online. Consequently, and without prejudice to the provisions of this Article 10, users making purchases as consumers may use this platform for the resolution of any dispute arising from the online contract stipulated with Follador.
The platform is available at the following link:

https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.choosel.anguage.

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