General Terms and Conditions of Sale, effective from 28/05/2026.

INTRODUCTION

This information notice is provided for the website https://cremoro.it/ (Website).

Seller’s details: ROSETTA BAKERY SRLS, Piazza Vanvitelli 15 - 80129 Naples, Naples Chamber of Commerce, VAT No. 09921321213, R.E.A.: NA1068038, Telephone: +39 081 18 118 90 92, Email: info@cremoro.it (Seller).

Art. 1 Scope of application

1.1 These General Terms and Conditions of Sale apply to all sales made by the Seller on the Website. Any supplements sold on the Website must not be understood as substitutes for a varied and balanced diet and a proper and healthy lifestyle.

1.2 If made possible by the Website, entering your tax code when making a purchase implies that you are acting as a Consumer pursuant to art. 3, paragraph I, letter a) of the Consumer Code (Legislative Decree No. 206 of 6 September 2005). Please note that a Consumer is a natural person acting for purposes unrelated to any entrepreneurial, commercial, professional or craft activity they may carry out. If, on the other hand, it is possible to enter a VAT number, either yours or that of a legal entity, this implies a purchase as a “Professional”, pursuant to art. 3, paragraph I, letter c) of the Consumer Code. A Professional is a natural or legal person acting in the exercise of their entrepreneurial, commercial, craft or professional activity, or an intermediary thereof. The implications of purchasing as a Consumer rather than as a Professional are described further in this document.

1.3 The terms indicated shall be understood as working days, therefore excluding Saturdays, Sundays and national holidays. The images and descriptions on the Website are to be considered purely indicative. Colours may differ from the actual colours due to the settings of the IT systems or computers used to view them.

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

1.5 The applicable General Terms and Conditions of Sale 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 through links, banners or other hyperlinks. Before carrying out commercial transactions with such parties, it is necessary to check their terms and conditions of sale. The Seller is not responsible for the provision of services and/or the sale of products by such parties. The Seller does not carry out any control and/or monitoring of websites that can be accessed through such links. The Seller is therefore not responsible for the content of such websites, nor for any errors and/or omissions and/or breaches of law by them.

1.7 You are required to carefully read these General Terms and Conditions of Sale as well as all other information provided by the Seller on the Website, including during the purchase procedure.

1.8 Under no circumstances may the Seller be held 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 state: (i) that the Website is free from viruses or programs that may damage data; (ii) that the information contained on the Website is accurate, complete and up to date.

1.9 Unless otherwise agreed with the Seller, orders cannot be submitted by email on the Website. The Seller does not accept orders by telephone, unless otherwise agreed with the customer.

1.10 All elements of the Website are the property of the Seller or of third parties. Unless specific written consent is given 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.

Art. 2 Purchases on the Website

2.1 To make purchases on the Website, it is necessary to follow the procedure available on the Website itself, 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 any improper use or improper disclosure of any information you have entered on the Website.

2.3 You guarantee that the personal information provided is complete and truthful and undertake to hold the Seller harmless and indemnified from any damage, compensation obligation and/or penalty 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 any 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 breached these General Terms and Conditions of Sale or any legal provision.

2.5 To place orders on the Website, it is necessary to read and approve these General Terms and Conditions of Sale by selecting the relevant box on the pages of the purchase procedure. Failure to accept these General Terms and Conditions of Sale makes it impossible to make purchases on the Website.

2.6 The Seller is the sole counterparty of the user who intends to purchase one or more products through the Website and is therefore: (i) the party to whom the user addresses their order in order to accept the offer and conclude the sales contract; (ii) the party that assumes the pre-contractual obligations arising from the offer towards the user; (iii) the party that concludes the sales contract with the user, assuming the related obligations and rights. The purchase contract concluded through the Website is therefore concluded between the user and the Seller.

2.7 On the Website and in communications with customers relating to the Website, the Seller reserves the right to act under its own trade name. Therefore, whenever the Seller’s trade name is used on the Website and/or in communications with customers concerning the Website, or whenever the first person plural (“we”) is used, the reference shall be understood as referring not only to the Website but also to the Seller.

2.8 Food Products are sold on the Website. Before purchasing any Food Product offered for sale on the Website, you are requested to inform the Seller if you suffer from any type of allergy, sensitivity or food intolerance. If you do not provide this information, the Seller shall not be liable in any way for any type of damage you may have suffered from purchasing Food Products on the Website.

2.9 After the purchase, you will receive an order confirmation email. The order confirmation email will contain at least the following information: (i) Seller’s details; (ii) characteristics of the Product purchased; (iii) purchase price and any taxes; (iv) any cost increase; (v) right of withdrawal or its exclusion; (vi) shipping address; (vii) payment method used.

2.10 The colours of the Products shown on the Website are indicative and may depend on the resolution of the device used by the user. The Seller assumes no responsibility if the colour of the Product differs from what the user expected. The user is invited to contact the Seller in case of doubts about the colour of one or more Products on the Website.

Art. 3 Product availability

3.1 The Products offered on the Website are limited in number. It may therefore happen, also due to the possibility that several users purchase the same Product at the same time, that the Product ordered is no longer available after the purchase order has been submitted.

3.2 Information on Product availability is available on the Website. Product availability is continuously monitored and updated. However, since the Website may be visited by several users at the same time, it may happen that several users purchase the same Product at the same moment. In such cases, the Product may appear available for a short period of time while it is actually sold out or not immediately available, and restocking may be necessary.

3.3 You will be informed in the event that the ordered Product is unavailable. In this case, you will be entitled to terminate the purchase contract. In any case, please note that before requesting termination of the contract, the Seller reserves the right to implement the following measures:

If restocking is not possible, the Seller will provide a different product of equal or higher value, subject, in the latter case, to payment of the difference and to the user’s express acceptance.

If restocking is possible, the Seller may offer an extension of the delivery terms, indicating the new delivery deadline.

3.4 If a refund is requested for the purchase of Products that subsequently prove to be unavailable, the Seller will make the refund within a maximum period of 10 days.

3.5 If you exercise the right of termination, the contract shall be terminated. If payment of the total amount due, consisting of the Product price, shipping costs, if applied, and any other additional cost as resulting from the order (Total Amount Due), has already been made, the Seller will refund the Total Amount Due pursuant to the provisions of the “Payment methods” article below.

Art. 4 Prices

4.1 Prices on the Website include VAT.

4.2 Furthermore, prices on the Website do not include the WEEE contribution, as the Products sold are not subject to the relevant legislation.

4.3 The Seller reserves the right to change the price of the Products at any time, without prior notice, without prejudice to the fact that the price charged to you will be the one indicated on the Website at the time the order is placed, and that any subsequent changes, whether increases or decreases, after submission of the order will not be taken into account.

4.4 The shipping costs of the Products are not borne by you, unless otherwise stated.

4.5 The Seller will ship the Products only after receiving confirmation of payment authorisation or crediting of the Total Amount Due. Ownership of the Products will be transferred to you at the time of shipment, understood as the moment the Product is handed over to the carrier. The risk of loss or damage to the Products, for reasons not attributable to the Seller, will instead be transferred to you when you, or a third party designated by you other than the carrier, physically take possession of the Products.

4.6 The purchase contract is subject to termination in the event of non-payment of the Total Amount Due. Unless otherwise agreed in writing with you, the order will consequently be cancelled.

4.7 If there is an error in the price of the Product indicated on the Website, the Seller reserves the right to communicate the correct price to the customer even after the purchase order has been concluded. In this scenario, the customer may accept the new price or terminate the purchase contract. The Seller may also cancel the Product purchase contract in such cases. The Seller may also cancel the sale if there is an error in the availability of the Product.

Art. 5 Payment methods

5.1 This article describes the payment methods available on the Website. The user may in any case contact the Seller for further information.

5.2 On the Website, you may purchase by payment cards. The charge will be made only after: (i) the details of the payment card used for payment have been verified; and (ii) the issuer of the payment card used has authorised the charge. In application of Directive 2015/2366/EU on payment services in the internal market (PSD2), the user is informed that they may be required to complete the purchase procedure by satisfying the authentication criteria required by the payment institution appointed to manage the online payment transaction. The authentication criteria relate to the user’s identity, and to satisfy this criterion the user must be registered on the Website at the time of the purchase transaction, and to the simultaneous knowledge of the authentication code transmitted by the payment institution (Strong Customer Authentication). Failure to complete the procedure described above may make it impossible to finalise the purchase on the Website. The confidential payment card data, such as card number, cardholder, expiry date and security code, are encrypted and transmitted directly to the payment manager without passing through the servers used by the Seller. The Seller therefore never has access to, nor stores, even if you choose to store such data on the Website, the data of your payment card used to pay for the Products. The accepted payment cards may be displayed in the footer of the Website and/or during the purchase procedure.

Visa.

MasterCard.

American Express.

Maestro.

5.3 On the Website it is possible to pay by bank transfer. After submitting the purchase order, you will receive the bank details by email in order to proceed with payment. If payment is not made within 3 calendar days, the Seller reserves the right to cancel the purchase order.

5.4 On the Website it is possible to pay cash on delivery. This payment method may be subject to an additional cost, indicated from time to time on the Website during the purchase procedure. Cash on delivery may be limited to orders above a certain amount: in this case, the Seller will provide appropriate notice on the Website or during the purchase procedure.

5.5 On the Website it is possible to complete the purchase by entering discount codes, coupons or vouchers. If the value of the discount code is lower than the order value, the remaining amount may be paid using the payment methods available on the Website. Each discount code may be used for one purchase only. Under no circumstances may discount vouchers be converted into cash.

5.6 Any alternative methods other than those indicated above are or will be described in this article.

On the Website it is also possible to make purchases using the PayPal payment solution. If you choose PayPal as your payment method, you will be redirected to www.paypal.it, where you will make the payment according to the procedure provided and regulated by PayPal and according to the contractual terms and conditions agreed between the user and PayPal. The data entered on the PayPal website will be processed directly by PayPal and will not be transmitted 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.

On the Website it is possible to purchase using the “PayPal Later” payment tool. This allows the Service to be paid in 3 instalments, without interest. The terms of use of this service are regulated directly by PayPal. Further information is available on www.paypal.com.

On the Website it is also possible to make purchases using Klarna’s instalment payment solution. The first payment is charged when the order is shipped and/or when the purchase contract is concluded, while subsequent payments are charged every 30 days from the first charge, unless otherwise indicated on the Website or by the payment service provider (Klarna). If you choose Klarna as your payment method, you will be redirected to www.klarna.com, where you will follow the procedure provided and regulated by Klarna and according to the contractual terms and conditions agreed between you and Klarna. The data entered on the Klarna website will be processed directly by Klarna and will not be transmitted or shared with the Seller.

5.7 Pursuant to Legislative Decree No. 26 of 7 March 2023, the prices published on the Website have not been personalised on the basis of automated decisions. The prices displayed on the Website are therefore not influenced by the consumer’s previous behaviour.

5.8 In the event of a price reduction, the Website indicates the lowest price applied to consumers in general in the 30 days preceding the application of the price reduction. For Products that have been placed on the market for less than 30 days, the period of time to which the previous price refers is indicated. This clause does not apply to “launch prices”, characterised by subsequent announcements of price increases.

5.9 If, for any reason, the Seller has to make any type of refund in your favour for the purchase of one or more Products, the Seller will refund the amount using the same payment method used by the user. Any delays in the refund may depend on the bank, the type of credit card or the payment solution used.

Art. 6 Product delivery

6.1 Delivery of the Products is available in: Italy. The user may always contact the Seller for further information regarding the delivery of the Products; for example, to find out whether delivery may be available in countries other than those indicated on the Website.

6.2 The delivery obligation is fulfilled by transferring to you the material availability or, in any case, control of the Product.

6.3 Product delivery time from submission of the order: 4 days.

6.4 The term indicated in art. 6.3 is to be understood as indicative and not mandatory. The Seller therefore reserves the right to deliver the Products within 30 days from submission of the order. It is your responsibility to check the condition of the delivered Product. Without prejudice to the fact that the risk of loss or damage to the Product, for reasons not attributable to the Seller, is transferred when you, or a third party designated by you other than the carrier, physically take possession of the Product, the Seller recommends that you check the number of Products received and that the packaging is intact, not damaged, not wet or otherwise altered, including the sealing materials, and invites you, in your own interest, to indicate any anomalies on the carrier’s transport document, accepting the parcel with reservation. If the packaging shows clear signs of tampering or alteration, it is advisable to promptly notify the Seller.

6.5 With reference to the possibility of requesting delivery of the Products to a “pickup point”, the Seller informs you that the Website does not offer the possibility of collecting the Product from a “pickup point” other than the address provided by you during the purchase procedure. You are nevertheless invited to access the Website regularly to check whether this delivery option is subsequently made available on the Website.

6.6 The user acknowledges that collecting the Product is a specific obligation of the user. In the event of failure to collect the Product, the Seller reserves the right to terminate the purchase contract and claim compensation for any damage suffered as a result of the failure to collect the Product.

Art. 7 Right of withdrawal

7.1 The user is invited to read this article with particular attention, as it regulates the right of withdrawal.

7.2 The right of withdrawal is the Consumer’s right to terminate 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 7. If there are no exceptions to the right of withdrawal, this article 7 applies in full.

Sealed goods are sold on the Website which are not suitable for return for hygienic reasons or reasons connected to health protection. If these Goods have been opened after delivery, you lose the right of withdrawal. Therefore, the following rules on the right of withdrawal do not apply.

7.3 If you qualify as a Consumer, and if no exceptions provided for in this article apply, you have the right to withdraw from the Product purchase contract without providing any reason and without incurring costs other than those provided for in this article within fourteen calendar days (Withdrawal Period). The Withdrawal Period expires after 14 days:

in the case of an order relating to a single Product, from the day on which you or a third party, other than the carrier and designated by you, physically takes possession of the Products;

in the case of a Multiple Order with separate deliveries, from the day on which you or a third party, other than the carrier and designated by you, physically takes possession of the last Product; or

in the case of an order relating to the delivery of a Product consisting of multiple lots or pieces, from the day on which you or a third party, other than the carrier and designated by you, physically takes possession of the last lot or piece.

7.4 To exercise the right of withdrawal, you must inform the Seller, before the expiry of the Withdrawal Period, of your decision to withdraw. For this purpose, you may write to the Seller using the contact details indicated in the Introduction, or use the contact form that may be available on the Website. You have exercised your right of withdrawal within the Withdrawal Period if the communication relating to the exercise of the right of withdrawal is sent by you before the expiry of the Withdrawal Period.

7.5 Unless otherwise agreed, the direct costs of returning the Products shall be borne by the Consumer, as shall responsibility for their transport. In the event of exercising the right of withdrawal, the Product must be delivered to the Seller’s registered office or to the different address communicated by the Seller.

7.6 If withdrawal is applicable, the Seller will refund the Total Amount Due, including delivery costs, if applicable, without undue delay and in any case 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 instrument used for the initial transaction. If the Products were shipped using a carrier chosen by the Consumer and at the Consumer’s expense, the Seller may suspend the refund until receipt of the Products or until the Consumer has provided proof of having returned the Products, whichever is earlier.

7.7 The Consumer is responsible only for the decrease in value of the goods resulting from handling of the Product other than that necessary to establish the nature, characteristics and functioning of the Product. The Product must in any case be kept, handled and inspected with normal diligence and returned intact, complete in all its parts, perfectly functional, accompanied by all accessories and instruction sheets, with identification tags, labels and the single-use seal, where present, still attached to the Product and intact and not tampered with, as well as perfectly suitable for its intended use and free from signs of wear or dirt. Furthermore, withdrawal applies to the Product in its entirety. It may therefore not be exercised in relation to parts and/or accessories of the Product.

7.8 If the Product for which withdrawal has been exercised has suffered a decrease in value resulting from handling of the goods other than that necessary to establish the nature, characteristics and functioning of the Product, the Seller reserves the right to deduct from the refund amount an amount equal to such decrease in value. The Seller will notify the user of this circumstance and of the consequent reduced refund amount, providing, if the refund has already been paid, the bank details for payment of the amount due by the user as a result of the decrease in value of the Product. If withdrawal has not been exercised in accordance with the applicable legislation, it will not result in termination of the contract and, consequently, will not give any right to a refund.

7.9 This article regulates a very important matter relating to return costs in the event of withdrawal. In light of the above, the Seller considers it appropriate to point out that the costs of returning the Product shall be borne by you and under your responsibility.

The Products must be returned to the address indicated in the “Seller’s details” section in the Introduction or to the address communicated from time to time by the Seller.

Art. 8 Legal Guarantee of Conformity

8.1 The Legal Guarantee of Conformity is reserved for Consumers. It therefore applies only to users who have made a purchase on the Website for purposes unrelated to any entrepreneurial, commercial, craft or professional activity they may carry out.

8.2 The Seller is liable to the Consumer for any lack of conformity of the Product that becomes apparent within two years from delivery. The action aimed at asserting defects not fraudulently concealed by the Seller is, in any case, time-barred within twenty-six months from delivery of the goods.

8.3 Unless proven otherwise, it is presumed that any lack of conformity that becomes apparent within twelve months from delivery of the Product already existed on that date, unless this assumption is incompatible with the nature of the Product or the nature of the lack of conformity. From the twelfth month after delivery of the Product, it will instead be the Consumer’s responsibility to prove that the lack of conformity already existed at the time of delivery.

8.4 In the event of lack of conformity of the goods, the Consumer has the right to have conformity restored, or to receive a proportionate price reduction, or to terminate the contract on the basis of the conditions established by art. 135-bis et seq. of the Consumer Code.

8.5 The Seller is not liable in the event of damages of any kind resulting from improper use of the Product and/or use that does not comply with the instructions provided by the manufacturer, as well as in the event of damages resulting from unforeseeable circumstances or force majeure.

8.6 If you made the purchase as a Professional, the preceding paragraphs of this article do not apply. In this case, the legal guarantee is governed by art. 1490 et seq. of the Italian Civil Code; in particular, the deadline for reporting any defects is 8 days from discovery and the action is time-barred within 1 year from delivery.

Art. 9 Manufacturer’s Warranty

The Manufacturer’s Warranty is an additional warranty with respect to the Legal Guarantee of Conformity that may be provided by the Seller on the Products. Except where otherwise indicated on the Website, the Products sold on the Website are not covered by the Manufacturer’s Warranty. You may in any case exercise your rights under the Legal Guarantee of Conformity regulated in the previous article.

Art. 10 Applicable law and competent court; out-of-court dispute resolution - Alternative Dispute Resolution/Online Dispute Resolution

10.1 Purchase contracts concluded through the Website are governed by the provisions of these General Terms and Conditions of Sale and, for anything not provided for herein, by the Italian Consumer Code.

10.2 Please note that in the case of a Consumer user, any dispute relating to the application, execution and interpretation of this document shall fall under the jurisdiction of the court of the place where the user resides or has elected domicile. In the case of a Professional user, any dispute relating to the application, execution and interpretation of this document shall instead fall under the jurisdiction of the Court where the Seller has its registered office, pursuant to the provisions of the Introduction.

10.3 The Seller informs the user who qualifies as a Consumer that, if the user has submitted a complaint directly to the Seller and it has not been possible to resolve the dispute arising from it, the Seller will provide information about the Alternative Dispute Resolution body or bodies for the out-of-court resolution of disputes relating to obligations arising from a contract concluded on the basis of these General Terms and Conditions of Sale (ADR bodies), specifying whether or not it intends to make use of such bodies to resolve the dispute.

10.4 The Seller also informs the user who qualifies as a Consumer that a European platform has been established for the online resolution of consumer disputes, the so-called ODR platform. The ODR platform can be accessed at the following address: http://ec.europa.eu/consumers/odr. Through the ODR platform, the Consumer user may consult the list of ADR bodies, find the link to the website of each of them and start an online dispute resolution procedure in which they are involved.

10.5 In any case, the Consumer user’s right to bring proceedings before the ordinary court competent for the dispute arising from these General Terms and Conditions of Sale remains unaffected, whatever the outcome of the out-of-court settlement procedure for consumer disputes through the procedures referred to in 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 procedure established for small claims by Council Regulation (EC) No. 861/2007 of 11 July 2007, provided that the value of the dispute does not exceed, excluding interest, rights and costs, EUR 5,000.00. The text of the Regulation is available at http://www.eur-lex.europa.eu.

Art. 11 Customer service

11.1 It is possible to request information, send communications, request assistance or submit complaints by contacting the Seller using the contact details indicated in the Introduction, or by using the contact form that may be available on the Website.

11.2 The Seller responds within an indicative time of 4 days.

Art. 12 Reviews

12.1 Pursuant to Legislative Decree No. 26 of 7 March 2023, the Website allows users to publish reviews. The Seller guarantees that the published reviews come from consumers who have actually purchased or used the Product. This is because, after purchasing on the Website, the user receives an email containing a request to publish their review on the Website. Therefore, since the email is received only after the purchase, it is reasonable to believe that the related review is attributable to a real purchase experience on the Website by the user. Among the reviews published on the Website, some may have been solicited, for example through the sending of a discount voucher. In such cases, this circumstance is duly indicated on the solicited review. Furthermore, reviews originating from sponsorships or relationships with a professional, such as an influencer, may be published; this circumstance is also duly disclosed in the relevant review.

12.2 The tool used to publish reviews is Trusted Shops, by Trusted Shops AG. For further information about this tool, please see the page www.business.trustedshops.com.

Art. 13 Miscellaneous

13.1 This document fully regulates the relationship between you and the Seller. In any case, the rights and obligations provided for by the law applicable from time to time remain unaffected.

Cookie consent