Marchesi - Loading...

General Terms and Conditions of Sale

1. Overview

1.1. The sale of “Marchesi 1824” brand products concluded remotely through this Web Site (hereinafter referred to as the “Web Site”) 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 Web Site are sold by Marchesi 1824 S.r.l. (hereinafter referred to as “Pasticceria Marchesi”). Pasticceria Marchesi is a company incorporated under the laws of Italy, with registered office in Via Santa Maria alla Porta, 11/A - 20123 Milan (MI) - Italy, VAT number, tax code and registration number with the Companies’ Register of Milan Monza Brianza Lodi 02846380158, Economic and Administrative Index no. MI 936319 controlled by Prada S.p.a., the operating holding company of the Prada Group (hereinafter Prada S.p.a. together with the companies directly or indirectly subsidiaries or investees of the same is defined as “Prada Group”).

1.2. The use of the sales service through the Web Site, governed by these General Terms and Conditions of Sale, is reserved exclusively for consumers (hereinafter referred to as “Customers” or, in the plural, “Customers”) understood as natural persons acting for purposes not related to their own commercial, entrepreneurial, handicraft or professional activity that they may carry out, over the age of 18 (or, if minors, authorised by their legal representative).
The resale or transfer for any commercial or professional purposes of the purchased Products is expressly prohibited.

1.3. The products offered for sale on the Web Site may only be delivered in Italy, (excluding the municipalities of Livigno and Campione d’Italia), Austria, Portugal, the Netherlands, the United Kingdom (excluding the Channel Islands), Ireland, Norway, Sweden, Denmark Finland (excluding the Aland Islands), France (excluding overseas territories), Belgium, Luxembourg, Switzerland, Monaco, Germany (excluding the island of Helgoland and the territory of Busingen), Spain (excluding Ceuta, Melilla, and the Canary Islands), Greece (excluding Mount Athos).
The Customer acknowledges that, due to the rapid perishability and consequent alteration of the organoleptic characteristics of certain types of Products (hereinafter referred to as the “Fresh Products”), Pasticceria Marchesi reserves the right to provide for the delivery of the Fresh Products offered for sale on the Web Site only in one or some of the countries listed in Article 1.3 above and only in certain areas that shall be expressly indicated from time to time on the Web Site in the relevant product file. The Customer therefore accepts that the purchase order shall not be processed by Pasticceria Marchesi if it includes Fresh Products and a delivery address that is not included in the areas specifically indicated on the Web Site.

1.4. The languages used to enter into the sales contract via this Web Site are: Italian, English, French, German.

1.5. These General Terms and Conditions of Sale are made available to the Customer to allow him/her to know, store and reproduce them in accordance with the regulations in force.

1.6. The purchase of products is governed exclusively by the General Terms and Conditions of Sale published on the Web Site and in force at the time of purchase.
Pasticceria Marchesi reserves the right to amend and/or supplement these General Terms and Conditions of Sale at any time.
Any amendments and/or additions shall be effective only in respect of purchases made after the date of publication 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 implies the automatic inapplicability, ineffectiveness and unenforceability against Pasticceria Marchesi of these General Terms and Conditions of Sale in relation to purchases made after their removal from the Web Site and this also in the event that these General Terms and Conditions of Sale are in any case consultable and/or accessible to the public through other Internet sites, other than the one indicated above. 

2. Product Availability

2.1. The Customer acknowledges that the products offered by Pasticceria Marchesi on the Web Site (hereinafter referred to as the “Products”) are numerically limited and subject to variable availability and is therefore aware that Pasticceria Marchesi must check their availability at the time of purchase.

2.2. There may be occasional inconveniences in relation to the availability of certain Products. In such circumstances, Pasticceria Marchesi shall inform the Customer promptly (and in any event within the terms specified below) by e-mail of the cancellation of its order.
In the case of only partial availability, the Customer shall be promptly informed and may decide whether to possibly cancel the order, or to receive only those Products available.

2.3. Pasticceria Marchesi reserves the right to vary the Products offered for sale on the Web Site at any time, without prior notice. 

3. Purchase procedure

3.1. Each Product offered for sale on the Web Site can be viewed by means of a special link that allows to view photographic images of the Product or its packaging, description, ingredients, the further information required by law and the unit price.

3.2. The Products chosen by the Customer shall be placed in a special section (hereinafter referred to as the “Shopping Cart”).
The description of the Products, together with one or more photographic images in digital format, shall be included in the Customer’s Shopping Cart.

3.3. In view of the craftsmanship of the Products offered for sale, the Customer acknowledges that the image of the Product published on the Web Site may not exactly coincide with that of the Product delivered to the Customer. Furthermore, although Pasticceria Marchesi constantly takes measures to ensure that the photographs shown on the Web Site faithfully reproduce the original Products, certain variations are always possible due to the technical and colour resolution characteristics of the device used by the Customer. Consequently, Pasticceria Marchesi shall not be liable for any inadequacy of the graphic representations of the Products shown on the Web Site if due to the above technical reasons.

3.4. To view the selected Products and the total price of the purchase order, it is required to access the Shopping Cart page.
The Customer, before confirming his or her order proposal (hereinafter referred to as the “Order Proposal”), is required to check the accuracy of the contents of the Shopping Cart and to complete the purchase form according to the instructions provided on the Web Site.

3.5. The purchase procedure ends when the Customer selects the appropriate button for final confirmation of the order (hereinafter referred to as the “Purchase Button”), thus validating its Order Proposal, which shall be sent directly to Pasticceria Marchesi.
After selection of the Purchase Button, the content of the Order Proposal can no longer be changed by the Customer.

3.6. Before confirming the Order Proposal, the Customer shall declare that he/she has read and accepted these General Terms and Conditions of Sale. At the end of the purchase procedure, the customer should save or print out the General Terms and Conditions of Sale.

3.7. The purchase procedure must be completed in full; otherwise, the Order Proposal cannot be sent to Pasticceria Marchesi.

3.8. The Customer understands that he/she is responsible for the accuracy and truthfulness of all data entered on the Web Site or otherwise used during purchase.

3.9. On the Website, the Customer will have the possibility to pre-order a selection of Products that will be put into production only after Pasticceria Marchesi has confirmed the Order Proposal to the Customer (hereinafter referred to as “Pre-Order Product”). Thus, the Customer acknowledges that, when they receive the Confirmation Email, such Products are not yet available for shipment and that they will be manufactured expressly for them and delivered according to the timetable specified by the Customer.
The Customer also acknowledges and accepts that the price of the Pre-Order Product will be charged in advance, i.e. at the time of receipt of the Confirmation Email, even though the Pre-Order Product is not ready for shipping at that time.

3.10. Customers who have registered in the private area of the Web Site shall be able to check the status of their order by accessing that area and entering the page relating to their orders.

4. Performance of the contract

4.1. Following the sending of the Order Proposal, the order is transmitted to Pasticceria Marchesi for processing and cannot be further modified.
The Order Proposal issued by the Customer shall only be taken over by Pasticceria Marchesi if the entire purchase procedure has been duly completed, without any error being highlighted by the Web Site.
After placing the Order Proposal, the Customer shall receive an email with which Pasticceria Marchesi shall communicate that it has received the Order Proposal (which may coincide with the Confirmation Email in case of Pre-Order Products). Such an email shall not be construed as acceptance of the Order Proposal. The acceptance of the Order Proposal by Pasticceria Marchesi and the execution of the contract shall take place in accordance with the provisions of paragraph 4.2 below.

4.2. The contract concluded between Pasticceria Marchesi and the Customer shall be deemed to be entered into when the Customer receives one or more confirmation e-mails from Pasticceria Marchesi (hereinafter referred to as “Confirmation Emails”).
The Confirmation Email shall be sent to the address indicated by the Customer in the purchase form and shall contain the confirmation and summary of the conditions of the purchase itself, such as: the description of the Product, including any relevant information on the same, the total price of the order, including any shipping costs, the address to submit any complaints, information on after-sales services, the existence of the right of withdrawal and how to exercise it.

4.3. Pasticceria Marchesi reserves the right not to accept the Order Proposal issued by a Customer in the following cases:

a) non-availability of the Products included in the Order Proposal;
b) the existence of a legal dispute between the Company and the Customer relating to a previous order;
c) if the Customer has on previous occasions breached the General Terms and Conditions of Sale or failed to fulfil its obligations;
d) if it transpires that the Customer purchases the Products with a view to reselling or transferring them for commercial or professional purposes;
e) if the Customer has entered a delivery address not included in the delivery areas indicated from time to time on the Web Site for Fresh Products;
(f) if the Customer is involved in illegal or fraudulent activities against the Prada Group.

In the aforementioned cases, Pasticceria Marchesi shall notify the Customer by e-mail, within 30 (thirty) days from the date of actual receipt of the Order Proposal, of the possible cancellation of the orders received. In this case, no Order Proposal shall be deemed to be accepted by Pasticceria Marchesi and no contract shall be deemed to be entered into between Pasticceria Marchesi and the Customer.
In the event of partial availability of the Products ordered the Customer shall be promptly informed and may decide to receive only those Products that are available. In that case, the Customer shall only be charged for the Products actually purchased. 

5. Price and method of payment

5.1. The prices of all Products offered for sale on the Web Site include VAT.

5.2. These prices shall be indicated in Euro (EUR).

5.3. The total amount of the price shown in the Shopping Cart includes any shipping costs, which shall be indicated separately.
In any event, the Company shall seek the express consent of the Customer for any additional charges, if applicable.

5.4. The Customer shall be charged the prices published on the Web Site and shown in the Shopping Cart at the time of confirmation of the Order Proposal by selecting the Purchase Button, provided that the Products ordered are available at that time. In the event that one or more Products are unavailable, the Customer shall only be charged the price and any shipping costs for those Products that are available, unless the Customer has requested cancellation of the entire order.
Pasticceria Marchesi reserves the right to change the prices of the Products offered for sale on the Web Site at any time and without notice.

5.5. Pasticceria Marchesi only accepts credit cards and other payment methods expressly indicated on the Web Site.

5.6. For the purpose of payment by credit card, the Customer confirms and warrants that he/she is the owner of the credit card used for the purchase and the correctness of all data relating to it, entered at the time of purchase, such as: the number, expiry date and, if necessary, the security code.
The transaction shall only be charged to the Customer upon:

(i) verification of the credit card data, (ii) receipt of the debit authorisation from the company issuing the credit card used by the Customer and (iii) confirmation of the availability of the Product by Pasticceria Marchesi and in any event after the Order is ready to be dispatched.

No charge shall therefore be made at the time the Order Proposal is sent.

5.7. For the purpose of payment through other payment service providers, the Customer confirms and guarantees that he/she is the holder of the account used for the purchase.
The transaction shall be charged to the Customer only after the latter has received the Confirmation Email from Pasticceria Marchesi.

5.8. The purchased Products shall be shipped only after the payment of the amount due by the Customer has been successfully made.
In the event that, for whatever reason, the debiting of the amounts due by the Customer proves to be impossible, the sale process shall be automatically cancelled and the sale cancelled, as per the communication that shall be sent to the Customer. 

6. Delivery

6.1. Pasticceria Marchesi may freely decide, based on its logistical needs, to ship the ordered Products separately to the address indicated by the Customer in the Order Proposal.

6.2. For security reasons, Pasticceria Marchesi shall not process any order addressed to a P.O. box nor shall it accept any order in which it is not possible to identify the natural person to whom the order is addressed and his or her address.

6.3. Products sold on the Web Site may only be purchased and delivered in the countries indicated above (Article 1.3). Therefore, any Order Proposals with shipments to be made outside these countries shall be automatically rejected during the order processing procedure.

6.4. In cases where the Customer is charged shipping costs, these shall be expressly indicated, separately from any other costs or expenses, upon completing the Order Proposal filling out procedure and prior to the Customer selecting the Purchase Button.

6.5. In accordance with the regulations in force, the maximum term within which Pasticceria Marchesi shall deliver the Products purchased is 30 (thirty) days from the date of entering into the contract, except for delays caused by events of force majeure.

6.6. If Pasticceria Marchesi does not deliver the Products ordered within the aforementioned period, the Customer may ask Pasticceria Marchesi to make the delivery within an additional period appropriate to the circumstances, in accordance with the regulations in force.
The right of the Customer to terminate the contract immediately if the ordered Product is not delivered within any additional deadline shall remain unaffected.

6.7. Pasticceria Marchesi shall be entitled to divide an order into several shipments, depending on the availability of the Products for delivery, and the Customer shall in that case receive the Products separately. Pasticceria Marchesi may charge the price to the Customer separately for only the Products actually shipped, or in a single tranche.

6.8. When the purchased Product is shipped, the Customer shall receive an e-mail at the address indicated in the Order Proposal. This e-mail shall contain a tracking code for the shipment and an exclusive link that shall enable real-time tracking of the delivery.
The Customer Service of Pasticceria Marchesi shall assist with any possible delivery-related problems. The Customer may contact the Customer Service of Pasticceria Marchesi by e-mail at: client.service.eu@pasticceriamarchesi.com.

6.9. As an alternative to delivery by courier, the Customer may request to collect the purchased Products directly from the shop selected on the Web Site during the purchase phase.
The Customer acknowledges and accepts that the Fresh Products must be collected within 24 (twenty-four) hours of receipt of the email informing him/her of the availability of those Products for collection in shop. If the Customer does not collect the Fresh Products within the term indicated, Pasticceria Marchesi shall proceed to destroy them without refund of the price paid by the Customer, since these are Products prepared specifically for the Customer and easily perishable and no longer alienable.    

6.10. The Customer shall bear the risk of loss, theft or damage to the Products only when the Customer, or a third party designated by the Customer other than the carrier, takes physical possession of the Products.
If, on the contrary, the loss of or damage to the Product occurs before the material delivery to the Customer or to a third party designated by the Customer, Pasticceria Marchesi shall send a new Product equal to the one ordered or reimburse the Customer the amounts already paid.

6.11. In the event of non-delivery of the Products other than Fresh Products to the address indicated by the Customer, for reasons not attributable to Pasticceria Marchesi and/or the courier appointed by the latter, the courier appointed by Pasticceria Marchesi shall contact the Customer in order to make no more than 2 further delivery attempts within a maximum period of 5 days.
If this term expires in vain without it being possible to deliver the Products for reasons not attributable to Pasticceria Marchesi and/or the courier appointed by the latter, the order shall be automatically cancelled by Pasticceria Marchesi without the latter being liable for non-delivery and the price paid by the Customer shall be promptly refunded.
In the event of non-delivery of Fresh Products, where the service is provided, for reasons not attributable to Pasticceria Marchesi and/or the courier appointed by the latter, the courier appointed by Pasticceria Marchesi shall contact the Customer on the same day in order to make a further delivery attempt.
If the delivery is not successful, the Customer shall be promptly informed of the shop of Pasticceria Marchesi where the Product was made available to the Customer. The Customer represents that he/she is aware that, taking into account the characteristics of the Fresh Products and the inherent risk of rapid alteration and perishability of the same, the Fresh Products must be collected by the Customer within 24 (twenty-four) hours of receipt of the communication informing the Customer of the shop where the Product has been made available. Once this term has expired without the Customer having proceeded to collect the Product, Pasticceria Marchesi shall destroy the Product without refunding the price paid by the Customer, since it is a Product prepared specifically for the Customer and easily perishable and no longer alienable. 

7. Conformity of Products

7.1. Upon delivery, the Products shall be checked by the Customer in order to ascertain that they correspond in kind and number to the Products ordered and that relevant packaging is intact. In case of visible defects, mismatch to the type and quantity of the Products ordered, or non-integrity of the packaging, the Customer shall report the same without delay and in any case no later than 8 (eight) days from the date of delivery.
The sale of the Products is subject to the legal warranties of conformity provided by the Consumer Code, where applicable, taking into account the particular type of Products and their inherent perishability

7.2. if the Products do not meet the conformity requirements provided by the Consumer Code, where applicable the Customer shall be entitled to termination of the contract and consequent reimbursement of the price paid. It is understood that the Customer forfeits this right if it does not report the conformity defect within the expiry date of the Product.

7.3. To report any presence of defects in the Products, in accordance with the provisions of the Consumer Code, if applicable, the Customer may contact Pasticceria Marchesi at the addresses indicated in Article 12 below.

8.  Withdrawal

8.1. Without prejudice to Article 8.7, the Customer has the right to withdraw from the contract within 14 (fourteen) days from the date of delivery of the Products. In the case of a split order, this term runs from the day of delivery of the last Product.

8.2. To exercise the right of withdrawal, the Customer may send a communication by registered letter with advice of receipt to the following address: Pasticceria Marchesi, Client Service E-commerce, Via Orobia 3, 20139 Milan, Italy, or to the email address client.service.eu@pasticceriamarchesi.com, containing an indication of the order and the Product for which the Customer intends to exercise the right of withdrawal, specifying the email address and / or telephone number at which the Client Service may be contacted. The Customer may also use the appropriate form to be found in the “Return” section of the Web Site.

8.3. If the notice of withdrawal has been exercised in accordance with the provisions of the General Conditions of Sale, Pasticceria Marchesi shall confirm to the Customer the withdrawal of the Products and the relevant procedures, without any charge to the Customer.
In the event that the withdrawal exercised by the Customer relates to the Products referred to in Article 8.7 or is not exercised in accordance with the General Conditions of Sale, Pasticceria Marchesi shall send a notice to the Customer of refusal of the withdrawal and shall not proceed to re-credit the price paid by the same.

8.4. In the event that Pasticceria Marchesi confirms the withdrawal of the Products, the Customer undertakes to return the Products for which it has exercised the right of withdrawal without undue delay and, in any event, within 14 (fourteen) days from the date on which he/she communicated to Pasticceria Marchesi his/her decision to withdraw from the contract.

8.5. Products must be returned in the same condition in which they were delivered. The Customer must therefore ensure that the Products are intact and complete, never opened or damaged in any way, and that they are returned in their original packaging.
In view of the peculiarities of the Products, Pasticceria Marchesi shall check the packaging and the condition of the individual Products returned, the substantial integrity of the same being an essential requirement for the exercise of the right of withdrawal.
In the event that the package is damaged, deteriorated or opened, Pasticceria Marchesi shall send a communication to the Customer refusing the withdrawal and shall not proceed to refund the price paid by the same.

8.6. The refund of the price of the returned and accepted Products shall be made by Pasticceria Marchesi without undue delay and in any event within 14 (fourteen) days from the date on which Pasticceria Marchesi became aware of the exercise of the right of withdrawal by the Customer.
Pasticceria Marchesi reserves the right in all cases to withhold the refund until it has received and verified the state of preservation of the Product.
The aforementioned reimbursement shall be made by re-crediting the amount paid by the Customer to be made with the same method of payment used for the purchase, unless the Customer has expressly agreed otherwise and provided that the Customer does not incur any costs as a consequence of the reimbursement.
Pasticceria Marchesi shall confirm to the Customer by e-mail that the price has been refunded.

8.7. Without prejudice to the provisions of the preceding articles, the right of withdrawal may not be exercised by the Customer with respect to the following Products:

1. custom-made or clearly customised Products;
2. the Pre-Order Products, for which production is started specifically after receiving the relevant Order Proposal confirmed by Pasticceria Marchesi;
3. Products that are liable to deteriorate or expire rapidly;
4. sealed Products that are not suitable for return for hygienic or health protection reasons and have been opened after delivery.

8.8. The return of Products pursuant to this Article is only allowed in connection with purchases made on the Web Site. 

9. Limitation of liability

9.1. With the exception of cases of fraud or gross negligence, Pasticceria Marchesi shall not be liable in any way to the Customer for indirect or consequential damages that the Customer may suffer as a result of purchasing Products offered for sale.

9.2. Pasticceria Marchesi rejects all liability for the condition of the Products as a result of improper and/or poor storage of the Products by the Customer after delivery or in the event they were consumed after the expiration date.  

10. Product Quality and Intellectual Property Rights

10.1. Pasticceria Marchesi guarantees compliance with the quality standards of all Products offered for sale on the Web Site exclusively until delivery to the place indicated by the Customer.

10.2. The trademark “Marchesi 1824”, as well as all the figurative and non-figurative trademarks and more in general all the other trademarks, illustrations, images and logos present on the Products on the relevant packaging and/or wrappings, whether registered or not, are and remain the exclusive property of the Prada Group. The total or partial reproduction, modification, tampering and use of said trademarks, illustrations, images and logos, for whatever reason and on whatever medium, are strictly prohibited. 

11. Litigation

11.1. These General Terms and Conditions of Sale are governed by Italian law and shall be interpreted in accordance with it, without prejudice to any other mandatory rule, more favourable to the Customer, applicable in the Customer’s country of habitual residence.

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 of domicile or residence of the Customer, if located in the territory of the Italian State, shall have exclusive and final jurisdiction. If the Customer’s domicile or residence is located in a territory other than the State of Italy, the Customer may bring proceedings, at his choice, before the Court of his place of residence or domicile or before the Court of Milan.

Alternatively, the Customer may initiate one of the out-of-court dispute settlement procedures provided for by the applicable legislation. To this end, the Customer may use the online platform made available by the European Commission, which can be accessed via the website http://ec.europa.eu/odr.

12. Contact

12.1. For any further information, assistance or complaint relating to the Products, the Web Site or the purchase procedure, and for any other request for information and/or clarification concerning the provisions of these General Conditions of Sale, Customers may send a communication to the following email address: client.service.eu@pasticceriamarchesi.com, or contact the E-commerce Client Service, Pasticceria Marchesi, Via Orobia 3, 20139 Milan, Italy, or the toll-free number +80062724374.

Last updated: January 31st, 2023