1. Introduction

1.1. The sale of products under the “MARLÀ” brand concluded 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 of Sale”). The products offered on the Website are sold by Dolce Stella S.r.l. (hereinafter referred to as “Pasticceria Marlà”). Dolce Stella S.r.l. is a company governed by Italian law, with registered office at Corso Lodi n. 15 – 20135 Milan (MI) – Italy, VAT number 10061110960, fiscal code 10061110960, registered in the MILANO MONZA BRIANZA LODI Companies Register under number 10061110960, REA number MI-2502260.

1.2. The use of the remote sales service governed by these General Terms of Sale is reserved exclusively for consumers (hereinafter referred to as “Customer” or, in plural, “Customers”) defined as individuals acting for purposes not related to any commercial, entrepreneurial, artisanal, or professional activity they may perform, aged 18 years or older (or minors authorized by their legal representatives). The resale or transfer for commercial or professional purposes of products purchased on the Website is expressly prohibited.

1.3. Products offered for sale on the Website may only be purchased if delivered within Italy.

1.4. The language used for concluding the sales contract through this Website is Italian.

1.5. These General Terms of Sale are published on the Website to allow their knowledge, storage, and reproduction by the Customer in compliance with applicable legislation.

1.6. The purchase of products is governed exclusively by the General Terms of Sale published on the Website at the time of purchase. Dolce Stella S.r.l. reserves the right to make changes and/or additions to these General Terms of Sale at any time. Any changes and/or additions will apply exclusively to purchases made after the publication date of the new version of the General Terms of Sale.

1.7. Replacing these General Terms of Sale with a new version automatically renders the previous terms inapplicable, ineffective, and unenforceable against Dolce Stella S.r.l. regarding purchases made after their removal from the Website, even if those General Terms of Sale remain accessible to the public through websites other than the aforementioned Website.

2. Product Availability

2.1. The Customer acknowledges that the products offered by Dolce Stella S.r.l. on the Website (hereinafter referred to as the “Products”) may be subject to variable availability and is therefore aware that Dolce Stella S.r.l. must verify actual availability at the time of purchase.

2.2. Availability issues may occasionally occur. In such cases, Dolce Stella S.r.l. will promptly notify the Customer via email of the cancellation of their order. In case of partial availability, the Customer will be asked whether they prefer to receive the available Products or to cancel the entire order.

2.3. Dolce Stella S.r.l. reserves the right to modify the Products offered for sale on the Website at any time, without prior notice.

3. Purchase Procedure

3.1. Each Product offered for sale on the Website can be viewed through a dedicated link, allowing the Customer to see photographic images of the Product or its packaging, the description, ingredients, other information required by law, and the unit price.

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

3.3. Given the artisanal nature of the Products offered for sale, the Customer acknowledges that the Product images published on the Website may not exactly match the Product delivered to the Customer. Additionally, despite the constant measures adopted by Dolce Stella S.r.l. to ensure that the photographs shown on the Website accurately depict the original Products, some variations are always possible due to the technical characteristics and color resolution of the device used by the Customer. Consequently, Dolce Stella S.r.l. will not be responsible for any graphical representation discrepancies of the Products shown on the Website.

3.4. To view the selected Products and the total price of the purchase order, the Customer must access the Cart page. Before confirming the purchase proposal (hereinafter referred to as the “Order Proposal”), the Customer must verify the accuracy of the Cart contents and complete the purchase form according to the instructions provided on the Website.

3.5. The purchase procedure concludes when the Customer selects the special button to definitively confirm the order (hereinafter referred to as the “Purchase Button”), thus validating the Order Proposal, which will be sent directly to Dolce Stella S.r.l. After selecting the Purchase Button, the contents of the Order Proposal can no longer be modified by the Customer.

3.6. Before confirming the Order Proposal, the Customer must declare having read and accepted these General Terms of Sale. At the end of the purchase procedure, the Customer should save or print the General Terms of Sale.

3.7. The purchase procedure must be completed fully; otherwise, the Order Proposal cannot be sent to Dolce Stella S.r.l.

3.8. Each Order Proposal and Customer data required for the purchase will be stored by Dolce Stella S.r.l. for the period and conditions stipulated by current regulations. Any use of data for purposes other than the purchase will be subject to prior explicit consent from the Customer, based on the conditions specified in the “Privacy Policy” published on the Website.

3.9. Customers who have registered in the Website’s reserved area can check the status of their order by accessing this area and visiting the page related to their orders.

3.10. The Customer is responsible for the accuracy and truthfulness of all data entered on the Website or otherwise used during the purchase.

4. Conclusion of the contract

4.1. Following confirmation of the Order Proposal, the order is sent to Dolce Stella S.r.l. for processing and cannot be further modified or cancelled.

The Order Proposal submitted by the Customer will be processed by Dolce Stella S.r.l. only if the entire purchasing procedure has been completed correctly, without any error notification from our website.

4.2 After submitting the Order Proposal, the Customer will receive an email from Dolce Stella S.r.l. confirming receipt of the Order Proposal. Such email must not be understood as acceptance of the Order Proposal. Acceptance of the Order Proposal by Dolce Stella S.r.l. and the conclusion of the contract will take place as described in point 4.3 below.

4.3. The contract between Dolce Stella S.r.l. and the Customer shall be considered concluded when the Customer receives an email confirmation from Dolce Stella S.r.l. (hereinafter referred to as the “Confirmation Email”).
The Confirmation Email will be sent to the address indicated by the Customer in the purchase form and will include confirmation and a summary of the purchase conditions, such as: the Product description, including all relevant information, the total price of the order including shipping costs, the address for submitting any complaints, information on after-sales assistance services, the existence of the right of withdrawal, and the related procedures for exercising it.

4.4. Dolce Stella S.r.l. reserves the right not to accept the Order Proposal submitted by a Customer in the following cases:

a) lack of availability, even temporarily, of the Products included in the Order Proposal;

b) the existence of legal disputes between Dolce Stella S.r.l. and the Customer related to a previous order;

c) if the Customer has previously violated the General Terms of Sale or has not fulfilled their obligations;

d) if it emerges that the Customer is purchasing the Products for the purpose of reselling or transferring them for commercial or professional purposes.

In the aforementioned cases, Dolce Stella S.r.l. will notify the Customer by email within 30 (thirty) days from the date of effective receipt of the Order Proposal, regarding any cancellation of orders received. In this case, no Order Proposal shall be deemed accepted by Dolce Stella S.r.l. and no contract shall be considered concluded between Dolce Stella S.r.l. and the Customer. In case of partial unavailability of the Product ordered, before receiving the Confirmation Email, the Customer will be given the opportunity to choose whether to receive only the available Products or cancel the entire order. In the case of partial cancellation, the Customer will only be charged the amount, including shipping costs, related to the Products actually purchased.

5. Price and Payment Method

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

5.2. These prices will be indicated in Euros (EUR).

5.3. The total amount shown in the Cart includes shipping costs, which will be indicated separately. In any case, Dolce Stella S.r.l. will request the explicit consent of the Customer for any additional supplementary costs.

5.4. The prices published on the Website and shown in the Cart at the time of confirmation of the Order Proposal by selecting the Purchase Button by the Customer will be charged to the Customer, provided that the Products ordered are available at that time. Dolce Stella S.r.l. reserves the right to modify the prices of Products offered for sale on the Website at any time without prior notice.

5.5. Dolce Stella S.r.l. exclusively accepts credit cards and other payment methods expressly indicated on the Website.

5.6. For payment by credit card, the Customer confirms and guarantees that they are the cardholder of the credit card used for the purchase and that all related data entered at the time of purchase is accurate, including: the number, expiration date and, if necessary, the security code. The transaction will be charged to the Customer only after: (i) verification of the credit card data; (ii) receipt of the authorization of charge from the company issuing the credit card used by the Customer; and (iii) confirmation of Product availability by Dolce Stella S.r.l. and, in any case, after the Order is ready for processing. No charge will therefore be made at the time of submitting the Order Proposal.

5.7. For payment through other payment service providers, the Customer confirms and guarantees that they are the holder of the account used for the purchase.
The transaction will be charged to the Customer only after the Customer has received the Confirmation Email from Dolce Stella S.r.l.

5.8. Shipment of purchased Products will only be made after successful payment of the amount due from the Customer. Should it be impossible to charge the amounts due by the Customer for any reason, the sale process will automatically be cancelled, and the sale terminated, as indicated in the communication sent to the Customer.

6. Delivery

6.1. Products will be shipped to the address indicated by the Customer in the Order Proposal. Upon delivery of the Products, the signature of the Customer or their designated representative will be required.

6.2. For security reasons, Dolce Stella S.r.l. will not process any order addressed to a post office box nor accept any order where it is not possible to identify the natural person recipient of the order and their address.

6.3. The Products sold on the Website may only be purchased and delivered within the Countries indicated above (article 1.3). Therefore, any Order Proposals requesting shipments outside these Countries will automatically be rejected during the order processing procedure.

6.4. Shipping costs will be clearly indicated, separately from any other costs or expenses, at the end of the Order Proposal compilation procedure and before the Customer selects the Purchase Button.

6.5. In accordance with current legislation, the maximum term within which Dolce Stella S.r.l. must deliver the purchased Products, except in cases of force majeure or unforeseen circumstances, is 30 (thirty) days from the date of contract conclusion.

6.6. If Dolce Stella S.r.l. fails to deliver the ordered Products within the above term, the Customer must ask Dolce Stella S.r.l. to make the delivery within an additional appropriate deadline in accordance with current legislation. The Customer’s right to immediately terminate the contract remains unaffected if the ordered Product is not delivered within the additional deadline, if indicated.

6.7. Dolce Stella S.r.l. reserves the right to split an order into multiple shipments, based on Product availability. In this case, Dolce Stella S.r.l. will inform the Customer via email and may charge the Customer the price separately only for the Products actually shipped or in a single payment.

6.8. Upon shipment of the purchased Product, the Customer will receive an email at the address indicated in the Order Proposal. This email will contain a shipment tracking code and an exclusive link allowing real-time delivery monitoring. Dolce Stella S.r.l.’s Customer Service will provide assistance for any possible issue related to delivery. The Customer may contact Dolce Stella S.r.l.’s Customer Service via email at the address: info@marlapasticceria.it;

6.9. The Customer will assume the risk of loss or damage to the Products only when the Customer, or a third party designated by them other than the carrier, materially takes possession of such Products. Conversely, if the loss or damage of the Product occurs before the material delivery to the Customer or a third party designated by them, Dolce Stella S.r.l. will send a new Product identical to the one ordered or refund the Customer the amounts already paid.

6.10. In the event of non-delivery of the Products, due to the absence of the Customer and/or their designated representative at the indicated address, the courier appointed by Dolce Stella S.r.l. will contact the Customer to make 2 further delivery attempts within a maximum term of 5 days. Once this term has elapsed without successful delivery due to unavailability/absence of the Customer, the order will automatically be cancelled by Dolce Stella S.r.l., without Dolce Stella S.r.l. being held responsible for the non-delivery. In such a case, considering the characteristics of the Products, the risk of alteration/perishability, and to protect the health and safety of Customers, the Products will be returned to Dolce Stella S.r.l., who may retain the amount already paid by the Customer for shipping costs and perishable Products, which therefore cannot be resold to third parties.

7. Product Conformity

7.1. Upon delivery, the Customer must verify that the Products correspond to those ordered and do not present evident defects or damage to the packaging. The legal guarantees of conformity provided by the applicable law apply to the sale of the Products.

7.2. In the event of manufacturing defects or non-conformity of the Products, the Customer shall have the right, free of charge, to have the conformity of the Product restored through repair or replacement, unless the requested remedy is objectively impossible or excessively burdensome compared to the other option. If one of the situations foreseen by law occurs, the Customer may request an appropriate price reduction or the termination of the contract and subsequent refund of the price paid. The Customer forfeits this right if they do not notify Dolce Stella S.r.l. of the non-conformity within 2 (two) months from the date the defect was discovered. In any case, Dolce Stella S.r.l. is responsible only for conformity defects that manifest within 2 (two) years from the delivery of the Product. The action to enforce defects is limited to 26 (twenty-six) months from the delivery of the Product.

7.3.  To report defects and non-conformities of the Products and obtain one of the above remedies, the Customer may contact Dolce Stella S.r.l. at the addresses indicated in article 12 below.

7.4. Dolce Stella S.r.l. will inform the Customer of the procedures to follow in order to obtain the remedies provided by law, also taking into account the type of Product and its merchandise category.

8.  Right of Withdrawal

8.1. Subject to the provisions of article 8.7, the Customer has the right to withdraw from the contract within 14 (fourteen) days from the delivery date of the Products. In the case of split orders, this period 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 mail with return receipt or via email to the following address: shop@marlapasticceria.it  learly indicating the order and the Product for which the Customer intends to exercise the right of withdrawal, specifying an email address and/or telephone number to be contacted by the Customer Service.

8.3. If the withdrawal notice has been exercised in accordance with the provisions of these General Terms of Sale, Dolce Stella S.r.l. will notify the Customer of its intention to collect the Products and the relevant procedures, without any charge to the Customer. If the withdrawal exercised by the Customer concerns the Products referred to in article 8.7, or has not been exercised in accordance with these General Terms of Sale, Dolce Stella S.r.l. will send the Customer a communication refusing the withdrawal and will not refund the price paid by the Customer.

8.4. If Dolce Stella S.r.l. intends to collect the Products, the Customer undertakes to return the Products for which the right of withdrawal has been exercised without undue delay and, in any case, within 7 (seven) days from the date on which they notified Dolce Stella S.r.l. of their decision to withdraw from the contract.

8.5. Products must be returned in the same condition as they were delivered. The Customer must ensure that the Products are intact, complete, unopened, undamaged in any way, and returned in their original packaging. Given the peculiar nature of the Products, Dolce Stella S.r.l. will verify the packaging and the condition of each returned Product, the substantial integrity of which is an essential requirement for exercising the right of withdrawal. Should the packaging be damaged, deteriorated, or opened, Dolce Stella S.r.l. will send the Customer a specific communication and will not refund the price paid by the Customer.

8.6. The refund for returned and accepted Products will be executed by Dolce Stella S.r.l. without undue delay and, in any case, within 7 (seven) days from the date on which Dolce Stella S.r.l. became aware of the Customer’s exercise of the right of withdrawal. Dolce Stella S.r.l. reserves, in any case, the right to withhold the refund until the Product has been received and checked. Such refund will be made by re-crediting the amount paid by the Customer using the same payment method as used for the purchase, unless expressly agreed otherwise by the Customer and provided that the Customer does not incur any costs as a result of the refund. Dolce Stella S.r.l. will confirm the refund to the Customer by email.

8.7. Without prejudice to the previous articles, the right of withdrawal cannot be exercised by the Customer for the following Products:

1. Sealed Products, if opened by the Customer;
2. Products which, by their nature, are subject to perishability and/or alteration of their characteristics and whose return cannot be carried out without compromising their integrity and/or causing a deterioration of their quality;
3. Customized Products and/or Products tailor-made for the Customer.

8.8. The return of Products pursuant to this article is permitted only with respect to purchases made on the Website.

9. Limitation of Liability

9.1. Except in cases of intentional misconduct or gross negligence, Dolce Stella S.r.l. shall not be liable towards the Customer for indirect or consequential damages resulting from the purchase of Products offered for sale on the Website.

9.2. Dolce Stella S.r.l. disclaims all liability regarding the condition of the Products due to improper and/or inadequate storage by the Customer after delivery.

10. Product Quality 

10.1. Dolce Stella S.r.l. guarantees compliance with quality standards of all Products offered for sale on the Website exclusively until delivery at the place indicated by the Customer.

11. Disputes

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

11.2. In case of disputes arising from the interpretation and/or application of these General Terms of Sale, jurisdiction shall lie exclusively and mandatorily with the court of the Customer’s domicile or residence if located within the Italian territory. If the Customer’s domicile or residence is located outside Italian territory, the Customer may choose to bring legal proceedings before the court of their domicile or residence or the Court of Milan. Alternatively, the Customer may initiate an out-of-court dispute resolution procedure provided for by applicable law. To this end, the Customer may use the online platform made available by the European Commission, accessible at  http://ec.europa.eu/odr. 

12. Contacts

12.1. For any additional information, assistance, or complaints relating to the Products, the Website, or the purchasing procedure, and for any other request for information and/or clarifications regarding these General Terms of Sale, Customers may send a communication to the following email address: shop@marlapasticceria.it; or contact E-commerce Customer Service at Dolce Stella S.r.l., Corso Lodi, 15, 20135 Milan (MI), Italy, or by calling the telephone number:  02 3653 6410.

Last updated: 04.11.2022