1.1. The sale of “Marchesi” and “Marchesi 1824” branded products executed remotely through this website (hereinafter referred to as the “Website”) is governed by the following general terms and conditions of sale (hereinafter referred to as the “General Terms and Conditions of Sale”).
The products offered on the Website are sold by Montenapoleone 9 S.r.l. (hereinafter referred to as “Pasticceria Marchesi”). Montenapoleone 9 S.r.l. is a company incorporated under Italian law, with registered office at Via Antonio Fogazzaro No. 28, 20135 Milan (MI), Italy, Tax Code, VAT No. and registration No. 09060170967 with the Companies' Register of Milan, Economic Administrative List No. MI 2065844, controlled by Prada S.p.A, the operating holding company of the Prada Group (hereinafter Prada S.p.A., together with its directly or indirectly controlled companies or subsidiaries as the “Prada Group”).
1.2. The use of the remote sales service governed by these General Terms and Conditions of Sale is exclusively reserved to consumers (hereinafter referred to individually as "Client" or, collectively, "Clients") understood as natural persons acting for purposes unrelated to any of the commercial, entrepreneurial, artisanal or professional activities it carries out, over the age of 18 (or, if younger, authorised by their legal representative).
The resale or transfer of the products purchased on the Website for any commercial or professional purpose whatsoever is expressly prohibited.
1.3. The products offered for sale on the Website may only be purchased if delivered to the following countries: Italy (excluding Livigno and Campione d’Italia), Austria, Portugal, The Netherlands, The UK (excluding the Channel Islands), Republic of Ireland, Norway, Sweden, Denmark, Finland (excluding the Aland Islands), France (only mainland France, including Corsica), Belgium, Luxembourg, Switzerland, Monaco, Germany (excluding Heligoland and Büsingen), Spain (excluding Ceuta, Melilla and the Canary Island), Greece (excluding Mount Athos).
1.4. The languages used to execute the sales agreement through this Website are: Italian, English, French and German.
1.5. These General Terms and Conditions of Sale are published on the Website for the Clients’ information, retention and copying purposes, in compliance with the applicable laws currently in force.
1.6. The purchase of the products is exclusively governed by the General Terms and Conditions of Sale published on the Website and in force at the time of the relevant purchase.
Pasticceria Marchesi reserves the right to amend and/or integrate these General Terms and Conditions of Sale at any time.
Any amendment and/or integration shall only be effective for those purchases made after the publishing date of the new version of the General Terms and Conditions of Sale.
The replacement of these General Terms and Conditions of Sale with a new version automatically implies the non-applicability, ineffectiveness and non-enforceability of the former version for purchases made after such previous version’s removal from the Website, also in the event where such General Terms and Conditions of Sale are in any way accessible and/or available to the general public through other internet websites other than the one indicated above.
2. Product Availability
2.1. The Client acknowledges that the products offered by Pasticceria Marchesi on the Website (hereinafter referred to as the "Products") are subject to variable availability and he/she is therefore aware that Pasticceria Marchesi must check their actual availability at the time of the purchase.
2.2. Occasionally the availability of certain Products may incur inconveniences. In such circumstances, Pasticceria Marchesi shall promptly inform the Client (and in any case no later than the deadlines specified below) by email of the cancellation of his/her order.
In the event the order is only partially unavailable, the Client will be asked whether he/she wishes to receive the Products that are available or fully cancel the order.
2.3. Pasticceria Marchesi reserves the right to vary the Products offered for sale on the Website at any time, without any notice.
3. Purchasing Process
3.1. Each Product offered for sale on the Website may be viewed by logging onto a specific link displaying photographs of the Product or its packaging, a description, the contents and additional information required by law and the unit price.
3.2. The Products selected by the Client will be added to a special section (hereinafter referred to as the "Shopping Bag").
A description of the Products, together with one or more photographs will be included in the Client's Shopping Bag.
3.3. Considering the craftsmanship of the Products offered for sale, the Client is aware that the Product’s photograph may not precisely reflect the Product effectively delivered to the Client. Furthermore, although Pasticceria Marchesi constantly takes steps to ensure that the photographs displayed on the Website accurately reflect the original Products, there may be some discrepancies due to technical characteristics and the colour resolution of the device used by the Client. As a result, Pasticceria Marchesi shall not be responsible for any potential differences of the graphic representations of the Products displayed on the Website.
3.4. The Client must visit the Shopping Bag page to view the Products selected and the total price of the purchase order.
Before he/she confirms the order (hereinafter referred to as the "Order"), the Client is required to check the accuracy of the contents of the Shopping Bag and fill in the Order form in accordance with the instructions provided on the Website.
3.5. The purchasing process is completed as soon as the Client presses the relevant final Order confirmation button (hereinafter referred to as the "Buy Button"), thereby validating his/her Order, which will be directly submitted to Pasticceria Marchesi.
After pressing the Buy Button, the Client may no longer modify the contents of the Order.
3.6 Before confirming the Order, the Client is required to confirm that he/she has read and accepted these General Terms and Conditions of Sale. At the end of the purchasing process, it is advisable that the Client saves or prints the General Terms and Conditions of Sale.
3.7. The purchasing process must be fully completed; otherwise the Order cannot be submitted to Pasticceria Marchesi.
3.8. Pasticceria Marchesi will store each Order and the Client’s data required for the purchase for the time period provided for and in compliance with the applicable laws currently in force.
3.9. Clients who have registered to log onto the Website’s reserved area may check their Order status in such area by accessing the ‘My Orders’ page.
3.10. The Client is aware that he/she is responsible for the accuracy and truthfulness of any data entered on the Website or otherwise used at the time of the purchase.
4. Execution of the Agreement
4.1. After the Client’s confirmation, the Order is submitted to Pasticceria Marchesi for processing and cannot be further modified or cancelled.
Pasticceria Marchesi will only process the Client’s order if the entire purchasing process has been duly completed, without the Website reporting any errors.
After placing the Order, the Client will receive, without undue delay, an e-mail acknowledging that Pasticceria Marchesi received the Order. However, this does not mean that the Order has been accepted. Pasticceria Marchesi's acceptance of the Order and the conclusion of the agreement will take place as described below in Sub-clause 4.2.
4.2. The agreement entered into by Pasticceria Marchesi and the Client shall be deemed to have been executed as soon as the Client receives a confirmation email from Pasticceria Marchesi (hereinafter referred to as the "Confirmation Email").
The Confirmation Email will be sent to the address indicated by the Client in the order form and will contain the relevant confirmation and a summary of the terms and conditions of the sale, such as: the Product's description and any relevant information, the order’s total price, including shipping costs, the address for complaints, post-sale client assistance information, the existence of the Client’s right to withdraw and the procedures to do so.
4.3. Pasticceria Marchesi reserves the right not to accept the Order placed by a Client in the following events:
a) the Products included in the Order are unavailable, even temporarily;
b) there is a dispute between Pasticceria Marchesi and the Client relating to a previous Order;
c) the Client breached the General Terms and Conditions of Sale on previous occasions or did not fulfil his/her obligations arising therefrom;
d) it emerged that the Client purchases the Products to resell them or sell them for commercial or professional purposes.
In such events, Pasticceria Marchesi will inform the Client by email, no later than thirty (30) days from the date of receiving the Order, of the cancellation of the Order received. In such case, no Order will be considered accepted by Pasticceria Marchesi.
In the event of partial unavailability of the Product ordered and before receiving the Confirmation Email, the Client may choose whether to receive only those Products available or to fully cancel the Order. Where the cancellation is only partial, the Client will only be charged the amount for the Products actually purchased which will include any relevant shipping costs.
5. Price and Method of Payment
5.1. The prices of all Products offered for sale on the Website are inclusive of VAT.
5.2. The relevant prices will be shown in Euro (EUR).
5.3. The total price displayed in the Shopping Bag includes shipping costs, which will be listed separately.
In any event, Pasticceria Marchesi shall seek the Client’s express consent to charge any additional cost.
5.4. The Client will be charged the prices shown on the Website and displayed in the Shopping Bag when the Client confirms his/her Order by pressing the Buy Button, provided that the Products ordered are available at such time.
Pasticceria Marchesi reserves the right to modify the prices of the Products offered for sale on the Website at any time and without notice.
5.5. Pasticceria Marchesi only accepts credit cards and the other payment methods expressly indicated on the Website.
5.6. For payments using credit cards, the Client confirms and warrants that he/she is the owner of the credit card used for the purchase and that all the relevant data entered during the purchase is accurate, such as: credit card number, expiry date and, if applicable, the security code.
The transaction will be charged to the Client only after:
(i) verifying the credit card information, (ii) receiving the debit transfer authorisation from the Client’s credit card company, and (iii) Pasticceria Marchesi's confirmation of the Product’s availability and, in any event, after the Order is ready to be processed.
No amount will be charged when the Order is submitted.
5.7. For payments using other payment service providers, the Client confirms and warrants that he/she is the owner of the account used for the purchase.
Clients will be charged for the transaction only after receipt of the Confirmation Email from Pasticceria Marchesi.
5.8. The purchased Products will be shipped only after the amount owed by the Client is paid.
In the event where the amounts owed by the Client cannot be charged for any reason whatsoever, the sale process shall be automatically terminated and the sale cancelled, and the Client will be notified accordingly.
6.1. The Products will be delivered to the address indicated by the Client on the Order. The Client or his/her designated representative must sign for the Products upon delivery.
6.2. For security reasons, Pasticceria Marchesi will not process any order addressed to a post office box or accept any order that does not permit identifying the individual receiving the Order and his/her address.
6.3. The Products offered for sale on the Website may only be purchased and delivered to addresses in the abovementioned countries (Sub-clause 1.3). Accordingly, any Order entailing delivery outside of those countries shall be automatically rejected when processing the Order.
6.4. Shipping costs will be expressly indicated separately from any other cost or expense, after the Client completes filling out the Order and before he/she presses the Buy Button.
6.5. In compliance with the applicable laws in force, the deadline within which Pasticceria Marchesi is required to deliver the Products purchased, with the exception of events of force majeure or unforeseeable circumstances, is thirty (30) days from the date of execution of the agreement.
6.6. In the event where Pasticceria Marchesi does not deliver the Products ordered within the above deadline, the Client must ask Pasticceria Marchesi to deliver such Products no later than an additional term adequate to the circumstances, in accordance with the applicable laws in force.
The Client is entitled to immediately terminate the agreement if the Product ordered is not delivered within the additional term specified.
6.7. Pasticceria Marchesi reserves the right to split an order into multiple shipments, according to the availability of the Products. In this case, Pasticceria Marchesi will inform the Client by email and may either charge the Client for the Products as and when these are shipped or as a single payment.
6.8. When the purchased Product is shipped, the Client will receive an email at the address indicated in the Order. Such email will include a shipment tracking code and an exclusive link that will allow the Client to monitor the delivery progress in real time.
Pasticceria Marchesi's Client Service will provide assistance for any potential delivery problem. Clients may contact Pasticceria Marchesi's Client Service by email at: email@example.com.
6.9. The Client shall bear the risk of loss or damage to the Products only from the moment when he/she, or his/her designated representative and other than the carrier, physically takes possession of such Products.
In the event, on the other hand, where the loss or damage to the Product occurs prior to the physical delivery to the Client or his/her designated representative, Pasticceria Marchesi will send a new Product identical to the one ordered or will refund any amounts paid to the Client.
6.10. In the event of non-delivery due to the absence of the Client and/or of his/her designated representative at the indicated address, Pasticceria Marchesi’s courier will contact the Client in order to attempt 2 further deliveries within the maximum term of 5 days.
Where such term expires without being able to successfully deliver the Products due to the Client’s absence/untraceability, Pasticceria Marchesi will automatically cancel the Order, without it being held responsible for non-delivery.
In this latter case, taking into account the Products’ characteristics, the risk of alteration/perishability of the same and to protect the Clients’ health and safety, the Products will be returned to Pasticceria Marchesi, which may retain the amount already paid by the Client, for shipping costs and the cost of perishable Products which as such are no longer marketable.
7. Product Conformity
7.1. At the time of delivery, the Client is required to check the Products to ascertain that they correspond to the Products ordered and that they do not show any evident defects or packaging damages. The sale of the Products is subject to the legal guarantees provided for by the laws in force.
7.2. In the event of manufacturing defects or lack of conformity, the Client will be entitled to demand that the conformity of the Product be restored either through repairing or replacing it, free of charge, unless the remedy demanded is objectively impossible or excessively onerous compared to the other remedy. Where any of the cases provided for by law applies, the Client may request a congruous reduction in price or the termination of the agreement and subsequent refund of the purchase price paid. It is understood that the Client will lose such right if he/she does not notify Pasticceria Marchesi of the Product’s lack of conformity no later than two (2) months from the date of discovering the defect. In any event, Pasticceria Marchesi is only liable for the lack of conformity materialising no later than two (2) years from the Product’s delivery. Actions to assert the Product’s defects must be filed in court no later than twenty-six (26) months from the relevant Product’s delivery.
7.3. Clients may contact Pasticceria Marchesi at the addresses indicated in Clause 12 below to communicate the existence of flaws and defects of the Product and to demand one of the remedies listed above.
7.4 Pasticceria Marchesi will indicate to the Client the procedure to follow to obtain the remedies provided for by law, taking into account the Product type and its category.
8.1. Without prejudice to Sub-clause 8.7, the Client is entitled to withdraw from the agreement no later than fourteen (14) days from the Products’ delivery date. For split Orders, the relevant term shall begin on the day of delivery of the last Product.
8.2. To exercise the right of withdrawal, Clients may send a notice by means of registered letter to the following address: Pasticceria Marchesi, Client Service Digital, Via Orobia No. 3, 20139 Milan, or to the email address firstname.lastname@example.org, specifying the Order and the Product for which the Client intends to exercise his/her right of withdrawal, including their e-mail address and/or telephone number for Client Service.
8.3. Where the Client exercises his/her notice of withdrawal pursuant to the General Terms and Condition of Sale, Pasticceria Marchesi will inform the Client of its intention to collect the Products and the related withdrawal procedures, without any charge to the Client.
In the event where the withdrawal right exercised by the Client relates to Products described in Sub-clause 8.7 or the same right has not been exercised according to these General Terms and Conditions, Pasticceria Marchesi will send a notice rejecting the withdrawal and will not refund the amount that the Client had paid for such Products.
8.4. In the event where Pasticceria Marchesi intends to withdraw the Products, the Client undertakes to return the Products for which he/she exercised the relevant right of withdrawal without undue delay and, in any event, no later than fourteen (14) days from the date of notifying Pasticceria Marchesi of his/her intent to exercise the right of withdrawal.
8.5. The Products must be returned in the same condition in which they were delivered. The Client must therefore ensure that the Products are intact and complete, that they have never been opened or damaged in any way, and returned in their original packaging.
In view of the Products’ characteristics, Pasticceria Marchesi will check the packaging and conditions of each Product returned, as the substantial integrity of such Products is an essential requirement for exercising the right of withdrawal.
In the event that the packaging appears damaged, impaired, or opened, Pasticceria Marchesi will send a specific notice to the Client and will consequently not credit the amount paid by the Client.
8.6. Pasticceria Marchesi will refund any amounts due for the Products returned and accepted without undue delay and in any event no later than fourteen (14) days from the date when Pasticceria Marchesi became aware of the Client exercising his/her right of withdrawal.
In any event, Pasticceria Marchesi reserves the right to withhold the refund until receipt and verification of the Product.
The aforementioned refund will be carried out by crediting the amount paid by the Client using the same original purchase payment method, unless otherwise expressly agreed by the Client and provided that no costs are incurred as a result of the refund.
Pasticceria Marchesi will inform the Client by email of the refund of the amount.
8.7. Notwithstanding the foregoing, the Client may not exercise the right of withdrawal for the following Products:
1. sealed Products, if opened by the Client;
2. Products that, due to their composition, have characteristics that may deteriorate and/or perish and that cannot be returned without compromising their integrity and/or undermining their quality;
3. custom-made and/or personalised Products for the Client.
8.8. The return of the Products under this clause is only permitted for purchases made on the Website.
9. Limitation of Liability
9.1. Except in the event of wilful misconduct or gross negligence, Pasticceria Marchesi will in no way be liable vis-à-vis the Client for any indirect or consequential damages that may arise from the purchase of the Products offered for sale on the Website.
9.2. Pasticceria Marchesi shall in no way be liable for the condition of the Products due to the Client’s improper and/or poor custody of the Products after delivery.
10. Product Quality and Intellectual Property Rights
10.1. Pasticceria Marchesi warrants its compliance with quality standards of all the Products offered for sale on the Website only until delivery at the place indicated by the Client.
10.2. The “Marchesi” and “Marchesi 1824” trademarks, as well as all their figurative and non-figurative marks and, more generally, all the other trademarks, illustrations, images and logos found on the Products, relevant packages and/or packaging, whether registered or not, are and shall remain the exclusive property of the Prada Group. The reproduction, in whole or in part, modification, tampering or use of such trademarks, illustrations, images and logos, for whatever reason and on any support, are strictly forbidden.
11.1. These General Terms and Conditions of Sale are governed by Italian law and shall be construed accordingly, without prejudice to any other imperative provision of law more favourable to the Client applicable in the country of habitual residence thereof.
11.2. In the event of a dispute arising from the interpretation and/or application of these General Terms and Conditions of Sale, the court of the place where the Client is domiciled or resident, if located in Italy, shall have exclusive and mandatory jurisdiction. In the event where the Client's domicile or residence is not located in Italy, the Client may, at his/her discretion, refer the matter either to the court of the place where he/she is domiciled or resident or to the Court of Milan.
Alternatively, the Client may opt for one of the out-of-court dispute settlement procedures provided for under the applicable laws in force, such as the platform provided by the European Commission, available on the website http://ec.europa.eu/odr.
12. Contact Details
12.1. For any additional information, assistance or complaint relating to the Products, to the Website or to the purchasing process and for any other request for information and/or clarifications in respect of these General Terms and Conditions of Sale, Clients may send a notice to the following address: e-mail: email@example.com, or by calling the toll-free number +80062724374.
Last updated: 29/11/2017