1.Introduction
1.1. The sale of products under the “Macioce Pasticceria di Eleonora Macioce” brand through this website (hereinafter referred to as the “Website”) is governed by these General Terms and Conditions of Sale (hereinafter referred to as the “Terms and Conditions of Sale”).
The products offered on the Website are sold by Macioce Pasticceria di Eleonora Macioce (hereinafter referred to as “Macioce Pasticceria”), a company incorporated under Italian law, with its registered office at [Registered Office Address], Italy, VAT No. 03142880602, registered with the Companies Register of Frosinone, REA No. [REA Number].
The online sales service provided through the Website and governed by these Terms and Conditions of Sale is reserved exclusively for Consumers (hereinafter referred to individually as the “Customer” and collectively as the “Customers”), meaning natural persons acting for purposes unrelated to any trade, business, craft, or professional activity they may carry out.
Customers must be at least 18 years of age or, if under the age of 18, must have obtained the authorization of their legal representative.
The resale or transfer of products purchased through the Website for any commercial, business, or professional purpose is strictly prohibited.
1.4. The languages available for the conclusion of purchase contracts through this Website are:
Italian
English
1.5. The languages available for the conclusion of purchase contracts through this Website are:
Italian
English
1.3. Delivery Territory and Products with Limited Shelf Life
The products offered for sale on the Website may be delivered worldwide, subject to any temporary restrictions or customs regulations imposed by the destination country on specific categories of food products.
The Customer acknowledges that, due to the shelf life and/or specific transportation requirements of certain products (hereinafter referred to as “Fresh Products” or “Limited Shelf-Life Products”), Macioce Pasticceria reserves the right to restrict the shipment of such products to specific countries, regions, or geographical areas.
The Customer acknowledges and agrees that any order containing products subject to territorial shipping restrictions cannot be accepted or fulfilled if the selected delivery address is located outside the areas served for those products.
1.6. The purchase of products through the Website is governed exclusively by the Terms and Conditions of Sale published on the Website and in force at the time the order is placed.
Macioce Pasticceria reserves the right to amend, modify, or supplement these Terms and Conditions of Sale at any time.
Any amendments or updates shall apply exclusively to purchases completed after the date on which the revised version is published on the Website.
Once a new version of these Terms and Conditions of Sale has been published, the previous version shall automatically cease to apply to any subsequent purchases, even if it remains accessible through third-party websites or other online sources not operated by Macioce Pasticceria.
2.Product Availability
2.1. The Customer acknowledges that the products offered for sale by Macioce Pasticceria through the Website (hereinafter referred to as the “Products”) are available in limited quantities and are subject to stock availability. Accordingly, the Customer understands that the availability of the Products must be verified by Macioce Pasticceria at the time the order is placed.
2.2. From time to time, certain Products may become unavailable after an order has been submitted. In such circumstances, Macioce Pasticceria shall promptly inform the Customer by email (and, in any event, within the time limits set out herein) that the order, or part of it, cannot be fulfilled.
If only part of the order is available, the Customer will be informed without undue delay and may choose either:
to cancel the entire order; or
to proceed with the purchase and delivery of the Products that are available.
2.3. Macioce Pasticceria reserves the right to modify, replace, discontinue, or remove any Products offered for sale on the Website at any time and without prior notice.
3. Purchase Procedure
3.1. Each Product offered for sale on the Website is presented on a dedicated product page containing one or more photographs of the Product and/or its packaging, a description of its main characteristics, ingredients, all mandatory information required by applicable legislation, and its unit sale price.
3.2. The Products selected by the Customer will be added to a dedicated shopping cart (the “Shopping Cart”). The Shopping Cart will display the selected Products together with their descriptions and one or more digital images.
3.3. Due to the handcrafted nature of our Products, the Customer acknowledges that the Product delivered may differ slightly from the images displayed on the Website.
Although Macioce Pasticceria makes every reasonable effort to ensure that all photographs accurately represent the Products offered for sale, slight variations may occur due to the artisanal production process, seasonal ingredients, packaging updates, and the technical characteristics or colour resolution of the Customer’s device.
Accordingly, Macioce Pasticceria shall not be held liable for any minor differences between the images displayed on the Website and the actual Products delivered where such differences result from the above circumstances.
3.4. To review the selected Products and the total purchase price, the Customer must access the Shopping Cart page.
Before submitting an order (the “Order Proposal”), the Customer is required to verify the accuracy of the Shopping Cart contents and complete the purchase form in accordance with the instructions provided on the Website.
3.5. The purchase procedure is completed when the Customer clicks the dedicated button used to confirm the order (the “Purchase Button”).
By clicking the Purchase Button, the Customer submits the Order Proposal directly to Macioce Pasticceria. Once the Purchase Button has been selected, the Order Proposal can no longer be modified by the Customer.
3.6. Before submitting the Order Proposal, the Customer must expressly declare that they have read and accepted these Terms and Conditions of Sale.
Upon completion of the purchase procedure, Customers are encouraged to download, save, and/or print a copy of these Terms and Conditions of Sale for their own records.
3.7. The purchase procedure must be completed in its entirety. If any required step is omitted, the Order Proposal cannot be submitted to Macioce Pasticceria.
3.8. The Customer acknowledges that they are solely responsible for the accuracy, completeness, and truthfulness of all information provided during the registration and purchasing process.
3.9. Customers who have created an account on the Website may monitor the status of their orders by logging into their personal account and accessing the “My Orders” section.
4.Conclusion of the Contract
4.1. The contract between Macioce Pasticceria and the Customer shall be deemed concluded when the Customer receives one or more order confirmation emails from Macioce Pasticceria (the “Confirmation Email”).
The Confirmation Email will be sent to the email address provided by the Customer during the checkout process and will include confirmation and a summary of the purchase, including:
a description of the Product(s), together with all relevant information;
the total purchase price, including any applicable shipping costs;
the address to which complaints may be submitted;
information regarding after-sales customer support;
information concerning the Customer’s right of withdrawal and the procedures for exercising such right.
5. Prices and Payment Methods
5.1. All prices displayed on the Website include Value Added Tax (VAT), where applicable.
5.2. All prices are expressed in Euro (EUR).
5.3. The total amount displayed in the Shopping Cart includes any applicable shipping charges, which shall be shown separately before the Customer completes the purchase.
Macioce Pasticceria will always request the Customer’s express consent before applying any additional charges
5.4. The Customer will be charged the prices published on the Website and displayed in the Shopping Cart at the time the Order Proposal is confirmed by clicking the Purchase Button, provided that the ordered Products are available at that time.
If one or more Products are unavailable, the Customer will be charged only for the available Products and any related shipping costs, unless the Customer has requested cancellation of the entire order.
Macioce Pasticceria reserves the right to change Product prices at any time without prior notice.
5.5. Macioce Pasticceria accepts only the payment methods expressly indicated on the Website, including credit and debit cards, PayPal, Nexi, Scalapay, bank transfer, and any other payment methods displayed during the checkout process.
5.6. Macioce Pasticceria accepts only the payment methods expressly indicated on the Website, including credit and debit cards, PayPal, Nexi, Scalapay, bank transfer, and any other payment methods displayed during the checkout process.The Customer’s card will be charged only after:
verification of the payment details;
authorization of the transaction by the issuing financial institution;
confirmation that the ordered Products are available; and
the order is ready for processing.
Accordingly, no charge will be made at the time the Order Proposal is submitted.
Accordingly, no charge will be made at the time the Order Proposal is submitted.
5.7. Where payment is made through an alternative payment service provider, the Customer confirms that they are the legitimate holder of the relevant payment account.
The payment transaction will be processed in accordance with the procedures and timing established by the selected payment provider and, where applicable, upon issuance of the Confirmation Email.
5.8. Purchased Products will be shipped only after successful receipt of the full payment due from the Customer.
If, for any reason, payment authorization is refused or the transaction cannot be completed, the order shall automatically be cancelled and the Customer will be informed accordingly.
6. Delivery
6.1. Macioce Pasticceria potrà liberamente decidere, sulla base delle proprie necessità logistiche, di spedire i Prodotti ordinati separatamente o in un’unica spedizione all’indirizzo indicato dal Cliente nella Proposta d’Ordine.
6.2. For security reasons, Macioce Pasticceria will not process orders addressed to P.O. Boxes or to addresses where the identity of the recipient cannot be clearly established.
6.3. Nei casi in cui al Cliente siano addebitate le spese di spedizione, questesaranno espressamente indicate, separatamente da ogni altro costo o spesa, alla conclusione della procedura di compilazione della Proposta d’Ordine e precedentemente alla selezione del Pulsante di Acquisto da parte del Cliente.
6.4. Unless otherwise agreed or required by law, Macioce Pasticceria will deliver the Products within a maximum period of 30 (thirty) days from the date the sales contract is concluded.
This period may be extended in cases of force majeure or for Pre-Order Products specifically requested by the Customer.
6.5. If Macioce Pasticceria fails to deliver the Products within the above-mentioned period, the Customer may grant an additional period appropriate to the circumstances for delivery in accordance with applicable consumer protection legislation.
If delivery is not completed within such additional period, the Customer shall be entitled to terminate the contract immediately.
6.6. Macioce Pasticceria reserves the right to divide an order into multiple shipments according to Product availability.
Where an order is shipped in separate consignments, the Customer will receive the Products as they become available.
Macioce Pasticceria may charge the Customer either separately for each shipment or in a single transaction covering the entire order.
6.7. Once the Products have been shipped, the Customer will receive a shipping confirmation email containing:
the shipment tracking number;
a dedicated tracking link allowing real-time monitoring of the delivery status.
Customer Support will provide reasonable assistance in relation to any delivery issues.
For assistance, Customers may contact Macioce Pasticceria Customer Service at:
Telephone: [Customer Service Number]
6.8. If delivery cannot be completed due to reasons attributable to the Customer (including an incorrect or incomplete delivery address or the Customer’s absence), the courier appointed by Macioce Pasticceria will attempt delivery up to two (2) additional times within a maximum period of five (5) days.
If delivery remains impossible after these attempts for reasons not attributable to Macioce Pasticceria or its appointed courier, the order shall be automatically cancelled.
In such case, Macioce Pasticeria shall not be held liable for the failed delivery, and any amount paid by the Customer for the undelivered Products shall be refunded in accordance with applicable law.
7. Product Conformity
7.1. Al momento della consegna, i Prodotti dovranno essere controllati dal Cliente al fine di accertare che essi corrispondano per genere e numero ai Prodotti ordinati e che i relativi imballaggi siano integri. In caso di difetti visibili, mancata corrispondenza alla tipologia e alla quantità dei Prodotti ordinati, ovvero di non integrità degli imballaggi, il Cliente dovrà provvedere alla relativa segnalazione senza indugio e comunque entro e non oltre 5 (cinque) giorni dalla data di consegna.
La vendita dei Prodotti è soggetta alle garanzie legali di conformità previste da Codice del Consumo, qualora applicabili, tenuto conto della particolare tipologia dei Prodotti e della loro connaturata deperibilità.
7.2. Where the Products fail to comply with the legal requirements of conformity under the applicable consumer protection legislation, the Customer shall be entitled to terminate the contract and obtain a refund of the purchase price.
This right shall lapse if the Customer fails to notify the lack of conformity before the Product’s expiry date.
7.3. To report any lack of conformity in accordance with the applicable provisions of the Italian Consumer Code, the Customer may contact Macioce Pasticceria using the contact details set out in Section 12 of these Terms and Conditions
8. Right of Withdrawal
8.1. Subject to the provisions of Section 8.7 below, the Customer has the right to withdraw from the purchase contract within 14 (fourteen) days from the date on which the Products are delivered.
Where an order is delivered in multiple shipments, the withdrawal period shall begin on the date the final Product is delivered.
8.2. To exercise the right of withdrawal, the Customer may send written notice by registered mail to:
Macioce Pasticceria
Piazza Umberto I, 31
03041 Alvito (FR) – Italy
The withdrawal notice must clearly identify the Product(s) to which the withdrawal relates and include the Customer’s email address and/or telephone number for further communication.
Alternatively, the Customer may complete the Return Request Form available in the “Returns” section of the Website.
8.3. Where the withdrawal request complies with these Terms and Conditions of Sale, Macioce Pasticceria will confirm acceptance of the return and provide the Customer with the relevant return instructions at no additional cost.
If the withdrawal concerns Products excluded under Section 8.7 or does not comply with these Terms and Conditions, Macioce Pasticceria reserves the right to reject the withdrawal request and no refund shall be issued.
8.4. Once the withdrawal request has been accepted, the Customer shall return the relevant Products without undue delay and, in any event, within 14 (fourteen) days from the date on which the withdrawal notice was communicated.
8.5. Products must be returned in the same condition in which they were delivered.
Accordingly, all Products must be:
complete;
unopened;
unused;
undamaged; and
returned in their original packaging.
Given the nature of the Products sold, Macioce Pasticceria reserves the right to inspect the returned Products before accepting the withdrawal.
If the original packaging has been opened, damaged, altered, or deteriorated, the withdrawal request may be rejected and no refund will be due.
8.6. Refunds for accepted returns will be processed without undue delay and, in any event, within 14 (fourteen) days from the date on which Macioce Pasticceria receives notice of the Customer’s decision to withdraw.
However, Macioce Pasticceria reserves the right to withhold the refund until the returned Products have been received and inspected.
Unless otherwise expressly agreed with the Customer, refunds will be made using the same payment method used for the original purchase, provided that the Customer does not incur any additional costs.
The Customer will receive confirmation of the refund by email.
8.7. In accordance with Article 59 of the Italian Consumer Code and applicable consumer legislation, the right of withdrawal does not apply to:
Products made to the Customer’s specifications or clearly personalized;
Products liable to deteriorate or expire rapidly;
Sealed Products which are not suitable for return for reasons of health protection or hygiene once unsealed after delivery.
8.8. The right of withdrawal described in this Section applies exclusively to purchases made directly through the Website.
9.Limitation of Liability
9.1. Except in cases of wilful misconduct or gross negligence, Macioce Pasticeria shall not be liable for any indirect, incidental, consequential, or special damages arising out of or in connection with the purchase or use of the Products sold through the Website.
9.2. Macioce Pasticceria shall not be responsible for any deterioration, alteration, or loss of quality resulting from improper storage, handling, or use of the Products by the Customer after delivery, including consumption after the indicated expiry or best-before date.
10. Product Quality and Intellectual Property Rights
10.1. Macioce Pasticceria guarantees that all Products offered for sale comply with applicable quality and food safety standards up to the time of delivery at the address specified by the Customer.
10.2. The “Macioce Pasticceria” trademark, together with all registered and unregistered trademarks, trade names, logos, illustrations, photographs, designs, graphics, packaging, and all other distinctive signs appearing on the Website, Products, labels, and packaging are and shall remain the exclusive property of Macioce Pasticceria di Eleonora Macioce.
Any reproduction, distribution, modification, imitation, publication, transmission, or use, whether in whole or in part and by any means whatsoever, without the prior written authorization of Macioce Pasticceria, is strictly prohibited.
11. Governing Law and Jurisdiction
11.1. These Terms and Conditions of Sale shall be governed by and construed in accordance with the laws of Italy, without prejudice to any mandatory consumer protection provisions applicable in the Customer’s country of habitual residence.
11.2. Any dispute arising out of or relating to the interpretation, validity, or performance of these Terms and Conditions of Sale shall be subject to the jurisdiction provided by the applicable consumer protection legislation.
Where permitted by law, if the Customer is domiciled or resident in Italy, the competent court shall be the court having jurisdiction over the Customer’s place of residence or domicile.
If the Customer resides outside Italy, they may bring proceedings either before the competent court of their country of residence or before the Court of Cassino (Italy), where permitted by applicable law.
12. Contacts
12.1. For any further information, assistance, complaints relating to the Products, the Website, or the purchasing procedure, or for any request concerning these Terms and Conditions of Sale, Customers may contact Macioce Pasticceria using the following details: servizioclienti maciocepasticceria.it ovvero contattare il Client Service E-commerce, al numero + 39 339 209 7979.
