Terms and Conditions (English Version)

Effective as of 15 September 2022

PREAMBLE

This notice is provided for the website www.lavoratti.com (hereinafter, the “Website”).

Seller’s details: Dolcezze di Riviera S.r.l., via Parasio 36, 17019 Varazze (SV), VAT No. 01818740092, Electronic invoicing code (Codice Univoco): SUBM70N, email: [email protected] (hereinafter, the “Seller”).

Service offered on the Website: confectionery products, chocolate and derivatives, bakery products, and pastry products (hereinafter, the “Service”).

Art. 1 Scope of application

1.1 These General Terms and Conditions of Sale apply to all sales made by the Seller through the Website.

1.2 Where enabled on the Website, entering your tax code when making a purchase implies that you are acting as a Consumer pursuant to Article 3(1)(a) of the Italian Consumer Code (Legislative Decree 6 September 2005, No. 206). A Consumer is a natural person acting for purposes unrelated to any entrepreneurial, commercial, professional, or artisanal activity that may be carried out. If the Website allows you to enter a VAT number (yours or that of a legal entity), this implies a purchase as a Professional pursuant to Article 3(1)(c) of the Consumer Code. A Professional is a natural or legal person acting in the exercise of their entrepreneurial, commercial, artisanal, or professional activity, or an intermediary thereof. The implications of purchasing as a Consumer rather than a Professional are described later in this document.

1.3 The terms indicated are to be understood as business days, thus excluding Saturdays, Sundays, and national holidays. The images and descriptions on the Website are for illustrative purposes only. Colours may differ from actual colours due to the settings of the IT systems or computers you use for viewing.

1.4 The General Terms and Conditions of Sale may be amended at any time. Any changes and/or new conditions will be effective from the time they are published on the Website. You are therefore invited to access the Website regularly and, before making any purchase, consult the most up‑to‑date version of the General Terms and Conditions of Sale.

1.5 The General Terms and Conditions of Sale applicable are those in force on the date the purchase order is submitted.

1.6 These General Terms and Conditions of Sale do not govern the sale of products and/or services by parties other than the Seller that may be present on the Website via links, banners, or other hypertext connections. Before entering into commercial transactions with such parties, you must verify their conditions of sale. The Seller is not responsible for the provision of services and/or the sale of products by such parties.

1.7 The Seller carries out no control and/or monitoring on websites accessible via such links. The Seller is therefore not responsible for the content of such sites nor for any errors and/or omissions and/or legal violations by them.

1.8 You are required to read carefully these General Terms and Conditions of Sale as well as all other information that the Seller provides on the Website, including during the purchase process.

1.9 Orders may also be placed via email on the Website. Insofar as compatible, the provisions of these General Terms and Conditions of Sale also apply to such orders. The Seller reserves the right to send you, by email, separate and different General Terms and Conditions of Sale that are effective only for purchases by email. The Seller also accepts orders by telephone. In this case, these General Terms and Conditions of Sale apply insofar as compatible.

1.10 All components of the Website are the property of the Seller or third parties. Unless expressly authorised in writing by the Seller, it is prohibited to reproduce, in whole or in part and by any means, distribute, publish, transmit, modify, or sell all or part of the content of the Website.

1.11 Under no circumstances shall the Seller be liable to you or to third parties for any indirect, incidental, special, or consequential damage. This includes, by way of example, any loss of profit or other indirect loss resulting from the use of the Website or the inability to use it. The Seller cannot guarantee or warrant that: (i) the Website is free from viruses or programs that may damage data; (ii) the information on the Website is accurate, complete, and up to date.

1.12 This document fully governs the relationship between you and the Seller. In any case, the rights and obligations provided for by the applicable laws from time to time are reserved.

Art. 2 Purchases on the Website

2.1 To make purchases on the Website, you must follow the procedure on the Website, entering the data requested from time to time. The sales contract is concluded when the order reaches the Seller’s server.

2.2 You undertake to immediately inform the Seller if you suspect or become aware of improper use or improper disclosure of any information you have entered on the Website.

2.3 You warrant that the personal information provided is complete and truthful, and you undertake to hold the Seller harmless and indemnified from any damage, compensation obligation and/or sanction arising from and/or in any way connected to the breach of this undertaking. You undertake to immediately inform the Seller if you suspect or become aware of the improper use or improper disclosure of the access credentials to the Website.

2.4 The Seller reserves the right to refuse orders from users who have previously violated these General Terms and Conditions of Sale or any statutory provision.

2.5 To place orders on the Website you must read and approve these General Terms and Conditions of Sale by selecting the appropriate checkbox in the pages of the purchase process. Failure to accept these General Terms and Conditions of Sale makes it impossible to make purchases on the Website.

2.6 After the purchase, you will receive an order confirmation email.

Art. 3 Prices and Shipping

3.1 All prices on the Website include VAT.

3.2 The Seller reserves the right to change prices of the Services at any time without notice, it being understood that the price charged to you will be the price indicated on the Website at the time the order is placed, and that any changes (upwards or downwards) after submission will not be taken into account.

3.3 The purchase agreement is subject to resolutive condition in the event of non‑payment of the Total Amount Due. Unless otherwise agreed with you in writing, in the event of non‑payment the order will consequently be cancelled.

3.4 Shipping within Italy: shipping is free for orders over €49; for lower amounts the shipping cost is €5.90. For remote areas, shipping is free for orders over €69; for lower amounts the shipping cost is €12.90.

3.5 Shipping to Austria, Belgium, France (excluding islands), Germany, Luxembourg, the Netherlands: shipping cost €9.90.

3.6 Shipping to Spain (excluding islands): shipping cost €12.90.

3.7 Shipping to Sweden and Portugal: shipping is free for orders over €99; for lower amounts the shipping cost is €19.

3.8 Please note that shipments are made from Monday to Thursday and delivery takes place within 24/48 hours. No shipments are made on Fridays to prevent products from remaining in couriers’ warehouses over the weekend.

Art. 4 Payment methods

4.1 This article describes the payment methods available on the Website.

4.2 On the Website you can pay by payment cards. The charge will be made only after (i) the data of your payment card used for payment have been verified and (ii) the issuer of the payment card you used has authorised the charge. In application of Directive (EU) 2015/2366 on payment services in the internal market (PSD2), the user is informed that they may be required to complete the purchase process by meeting the authentication criteria requested by the payment institution in charge of managing the online payment operation. The authentication criteria relate to the user’s identity (to meet this criterion, the user must be registered on the Website at the time of purchase) and the simultaneous knowledge of the authentication code transmitted by the payment institution (Strong Customer Authentication). Failure to complete the above procedure may prevent the purchase from being finalised on the Website. The confidential data of the payment card (card number, holder, expiration date, security code) are encrypted and transmitted directly to the payment processor without passing through the Seller’s servers. Therefore, the Seller never has access to nor stores the data of your payment card used to pay for the Service, not even if you choose to store such data on the Website.

4.3 You can pay by bank transfer on the Website.

4.4 Purchases can be made using discount codes, vouchers, or coupons provided by the Seller.

4.5 Any modalities other than those described above may be governed in this article: Purchases may also be made using PayPal. If you choose PayPal as your payment method, you will be redirected to www.paypal.it where you will make payment according to the procedure provided and governed by PayPal and the contractual terms and conditions agreed between the user and PayPal. The data entered on the PayPal site will be processed directly by PayPal and will not be transmitted to or shared with the Seller. The Seller is therefore unable to know and does not store in any way the data of the payment card linked to your PayPal account or the data of any other payment instrument connected to that account.

Art. 5 Right of withdrawal

5.1 Users are invited to pay particular attention to this article, which governs the right of withdrawal.

5.2 The right of withdrawal is the Consumer’s right to withdraw from the purchase contract without being required to provide a reason. If you purchased as a Professional, the right of withdrawal does not apply, unless otherwise agreed with the Seller. Any exceptions to the right of withdrawal are set out in this Article 5. If there are no exceptions, this Article 5 applies in full.

5.3 With specific reference to the sale of Services to Consumers, the Consumer Code provides that the Consumer may lose the right of withdrawal for services fully performed before the expiry of 14 calendar days (running from the order submission), if the consumer has expressly agreed to lose the right of withdrawal upon performance of the service.

5.4 The exclusion of the right of withdrawal described in the preceding article does not apply on this Website. Therefore, if you qualify as a Consumer, you have the right to withdraw from the Service purchase contract without having to provide any reason and without incurring costs other than those provided for in this article within fourteen (14) calendar days from the date of submission of the purchase order for the Service (the “Withdrawal Period”). To exercise the right of withdrawal, you must inform the Seller, before the expiry of the Withdrawal Period, of your decision to withdraw. To this end, you may write to the Seller at the contacts indicated in the Preamble, or use the contact form, if any, on the Website. Where the right of withdrawal applies, the Seller will refund the Total Amount Due without undue delay and in any event no later than 14 calendar days from the day on which the Seller was informed of the decision to withdraw from the contract. The refund will be made using the same payment method used for the initial transaction.

Art. 6 Legal guarantee of conformity

6.1 The Legal Guarantee of Conformity is reserved for Consumers. It therefore applies only to users who have made the purchase on the Website for purposes unrelated to any entrepreneurial, commercial, artisanal, or professional activity carried out.

6.2 The Seller is liable to the Consumer for any lack of conformity of the Service that becomes apparent within two years from purchase. The action aimed at asserting defects not fraudulently concealed by the Seller is in any case time‑barred within twenty‑six months from the provision of the Service. In the event of a lack of conformity of the Service, the Consumer is entitled to have conformity restored, or to receive a proportionate price reduction, or to the termination of the contract under the conditions laid down in Articles 135‑bis et seq. of the Consumer Code. Consumers are invited to consult Articles 128 et seq. of the Consumer Code.

6.3 If you purchased as a Professional, the preceding articles do not apply.

Art. 7 Governing law and jurisdiction; out‑of‑court dispute resolution – ADR/ODR

7.1 Purchase contracts concluded through the Website are governed by Italian law.

7.2 Without prejudice to the application to Consumer users who do not have their habitual residence in Italy of any more favourable and mandatory provisions provided for by the law of the country in which they have their habitual residence.

7.3 Consumers are reminded that, for any dispute relating to the application, execution, and interpretation of this document, the court of the place where the user resides or has elected domicile shall have jurisdiction.

7.4 In the case of a Professional user, for any dispute relating to the application, execution, and interpretation of this document, the court where the Seller has its registered office, as indicated in the Preamble, shall have jurisdiction.

7.5 The Seller informs any user qualifying as a Consumer that, if a complaint has been submitted directly to the Seller and it has not been possible to resolve the dispute thus arisen, the Seller will provide information on the Alternative Dispute Resolution bodies (ADR bodies) for the out‑of‑court resolution of disputes relating to obligations arising from a contract concluded under these General Terms and Conditions of Sale, specifying whether it intends to make use of such bodies to resolve the dispute.

7.6 The Seller further informs any user qualifying as a Consumer that a European platform for online consumer dispute resolution (the ODR platform) has been established. The ODR platform can be consulted at the following address: http://ec.europa.eu/consumers/odr. Through the ODR platform, the Consumer can consult the list of ADR bodies, find the link to each of their websites, and start an online dispute resolution procedure for the dispute in which they are involved.

7.7 In any case, without prejudice to the Consumer’s right to bring the dispute before the competent ordinary court, whatever the outcome of the out‑of‑court dispute resolution procedure pursuant to Part V, Title II‑bis of the Consumer Code. A user residing in a Member State of the European Union other than Italy may also access, for any dispute relating to the application, execution, and interpretation of these General Terms and Conditions of Sale, the European Small Claims Procedure established by Regulation (EC) No. 861/2007 of the Council of 11 July 2007, provided that the value of the dispute, excluding interest, rights, and expenses, does not exceed EUR 5,000.00. The text of the regulation is available on the website http://www.eur-lex.europa.eu.

Art. 8 Processing of personal data

8.1 The Seller will process the data provided in compliance with the legislation on the protection of personal data. Providing data is necessary and therefore any refusal to provide such data makes it impossible to perform the online purchase service.

8.2 The personal data provided are collected by telematic means and processed, including with the aid of electronic means, directly and/or through appointed third parties.

8.3 Subject to prior, necessary, and explicit consent, the data provided may also be used for the following purposes: statistical analyses; sending advertising material, including by email. Providing data for the above purposes is optional.

8.4 For any further information and to learn about rights relating to the processing of personal data, please refer to the privacy policy in force.

Art. 9 Customer service

9.1 You may request information, send communications, request assistance, or submit complaints by contacting the Seller at the contact details indicated in the Preamble, or by using the contact form, if any, on the Website.

9.2 The Seller replies within an indicative time of 48 hours.

ANNEXES

Withdrawal form pursuant to Article 49(1)(h) of Legislative Decree 6 September 2005, No. 206

– Addressee: [the name, geographical address and, where available, telephone number, fax and email addresses must be entered by DDR]

– I/We () hereby notify the withdrawal from my/our () contract for the sale of the following goods/services (*)

– Ordered on ()/received on ()

– Name of consumer(s)

– Address of consumer(s)

– Signature of consumer(s) (only if this form is notified on paper)

– Date

(*) Delete as appropriate.