ONLINE SALES GENERAL TERMS AND CONDITIONS

1. WEBSITE OWNERSHIP
This e-commerce website www.pasticceriacautela.it is owned by Cautela S.A.S. di Cautela Cosimo & C., with registered office at Via Aldo Moro, 69 | 98060 Tripi Abakainon (ME) | VAT No. IT01350960835, and is intended for the sale of the products available on the website.

2. SCOPE OF APPLICATION
These General Terms and Conditions of Sale (hereinafter “the Terms”) govern distance sales contracts concluded electronically between Cautela S.A.S. di Cautela Cosimo & C. (hereinafter “the company”) and any customer, business operator, professional, or company (hereinafter “the customer”) who makes a purchase on the website www.pasticceriacautela.it.

3. APPLICABLE LAW
These Terms are governed by the Consumer Code (Legislative Decree 206/2005), Section II on distance contracts (Articles 50 to 67), Law No. 125 of March 30, 2001, and e-commerce regulations (Legislative Decree No. 70/2003), as well as Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011, which amends Directive 93/13/EEC and Directive 1999/44/EC and repeals Directive 85/577/EEC and Directive 97/7/EC. Directive 2011/83/EU is without prejudice to Regulation (EC) No. 593/2008 of 17 June 2008 on the law applicable to contractual obligations. The company is available to provide customers, as defined below, with any clarification regarding the content of these Terms.

4. CUSTOMERS
Orders on the website www.pasticceriacautela.it may be placed by natural persons with legal capacity to enter into binding agreements under applicable law acting for purposes unrelated to any business or professional activity, as well as by individuals or legal entities acting for business or professional purposes. The sale of alcoholic beverages to individuals under the legal age is not permitted. By placing an order on www.pasticceriacautela.it, the customer guarantees that both the ordering party and, if different, the recipient of the products are at least 18 years old. Customers who are not Italian citizens may purchase products on the website only if they are of legal age according to their national law. If no such law exists, the minimum age is 21 years. In any case, the customer agrees to indemnify Cautela S.A.S. di Cautela Cosimo & C. from any liability arising from purchases made in violation of their national age restrictions. To place an order, customers must register on the website and provide personal data such as name, surname, date of birth, email address, delivery address, tax code, and other information. Such information must be accurate and kept up to date. Customers are invited to consult the Privacy Policy for details on data processing. Customers may not place orders using another person’s name or credentials unless expressly authorized. The company may request identity documents to verify the customer’s details. Failure to provide such documentation may result in order refusal and non-conclusion of the contract.

5. ACCEPTANCE OF THE GENERAL TERMS OF ONLINE SALE
By registering on the website, the customer expressly declares that they have read all information provided during the purchase process and fully accept these General Terms and Conditions of Sale and payment. Purchasing on the website constitutes further confirmation of acceptance. These Terms, together with delivery and payment conditions, form an integral part of the sales contract. Customers are encouraged to read, print, or store a copy of these Terms.

6. PURCHASE ORDER
To purchase products, the customer must register and provide all required data. Data will be processed in accordance with Legislative Decree 196/2003 and EU Regulation 2016/679 (GDPR). After registration, the company will send an email with authentication details for account access. To complete a purchase, the customer must fill in an electronic order form and submit it online following the website instructions, and accept the Terms via checkbox. By placing an order and making payment, the customer confirms acceptance of the Terms and acknowledges full responsibility for the data provided and purchases made. An order confirmation email will be sent, summarizing products, prices (including delivery costs), and order number. Orders are stored for the time necessary to process them and as required by law. Customers may access their order via their account. Errors must be reported to info@pasticceriacautela.it. Acceptance of the order occurs upon confirmation sent by the company, typically at the time of shipment. The company reserves the right to refuse orders prior to confirmation and is not liable if a product is removed after an order is placed due to errors in product availability.

7. PRODUCT AVAILABILITY
Products are offered in limited quantities. Availability cannot always be guaranteed due to simultaneous purchases. In case of partial unavailability, the customer will be informed and may choose to accept partial delivery, cancel the order, or replace the missing product. In case of total unavailability, the order will be cancelled and refunded within 15 working days. Refunds will generally be issued using the original payment method or another agreed method. Delays may depend on financial institutions or payment providers.

8. PRICES
All prices are inclusive of VAT and expressed in Euros. Prices are valid only at the time of order confirmation and may change without notice. Prices do not include shipping costs unless otherwise specified before purchase completion.

9. PAYMENT
Payments by credit card must follow the instructions on the website. Accepted cards include Visa, Visa Electron, MasterCard, and Maestro. By selecting credit card payment, the customer authorizes the company to charge the amount due. Transactions are secured using TLS protocol. If payment is not completed, the order will not be finalized. The company does not access or store financial data.

10. INVOICING
An invoice is issued for each paid order and includes the data provided by the customer. The invoice is sent with the goods. No changes are possible after issuance.

11. DELIVERY TIME AND SHIPPING
Orders are shipped within 48 working hours and delivered within 72 hours in Italy, excluding islands where delivery may take longer, and in any case within 30 days from order confirmation. International deliveries take 4–5 working days. Delivery times are average estimates and not binding. Shipments are handled by express couriers. Risk transfers to the customer upon shipment. If delivery fails, the courier will leave a notice or contact the customer. Delivery issues due to force majeure (strikes, natural disasters, etc.) are not the responsibility of the company. Upon receipt, the customer must verify the package and sign with reservation if necessary. Failure to do so voids claims against the carrier. Claims must be made directly to the courier. The company is not liable for damages during transport.

12. CONSUMER PROTECTION
Consumers are natural persons acting outside professional activities and are protected under the Consumer Code (Legislative Decree 206/2005). Professionals are subject to general commercial law.

13. RIGHT OF WITHDRAWAL
Consumers have the right to withdraw within 30 days without providing a reason. Withdrawal conditions depend on delivery type. Customers must notify the company and return goods within 20 days at their own expense. Refunds will be issued within 14 days after receipt of returned goods. Products must be returned intact, complete, and undamaged. Certain products may be excluded from withdrawal under Article 59 of the Consumer Code.

14. PRICE
The applicable price is that confirmed in the order, including transport costs. Catalogs and promotional materials are indicative and not binding.

15. SET-OFF
No set-off is allowed unless expressly agreed in writing.

16. CONFIDENTIALITY OBLIGATIONS
All commercial, technical, and business information obtained by the customer is confidential and may not be disclosed or used beyond contract execution.

17. CUSTOMER WARRANTIES
The customer guarantees that all provided data are accurate and agrees to update any changes. The company is not responsible for false or incorrect data.

18. COMMUNICATIONS
Communications are made electronically via email and website. Such communications are considered valid. Formal communications may also be sent via registered mail or email to the company’s contact details.

19. APPLICABLE LAW AND JURISDICTION
The contract is governed by Italian law. Any disputes fall under the exclusive jurisdiction of the Court of Barcellona Pozzo di Gotto.

20. PERSONAL DATA PROTECTION
Personal data are processed for order management and communication purposes in compliance with applicable laws. Data will not be shared for promotional purposes. Further details are available in the Privacy and Cookie Policy.

By specific approval pursuant to Articles 1341 and 1342 of the Italian Civil Code, the customer expressly acknowledges and accepts the following clauses: 4. CUSTOMERS; 9. PAYMENT; 11. DELIVERY; 11. FAILURE TO FULFIL ORDERS; 13. WITHDRAWAL; 14. PRICE; 15. SET-OFF; 16. CONFIDENTIALITY; 17. CUSTOMER WARRANTIES; 19. APPLICABLE LAW AND JURISDICTION.