Returns and right of withdrawal

1. When withdrawal is not possible

Under art. 59(1) of the Italian Consumer Code (art. 16 Directive 2011/83/EU), the right of withdrawal does not apply to:

• (d) goods liable to deteriorate or expire rapidly: fresh pastry (sfogliatelle, babà, pastiera, delizie, zeppole, graffe…), rosticceria and fresh bakery products;
• (e) sealed goods not suitable for return for health or hygiene reasons that have been unsealed after delivery.

2. When withdrawal is possible

For packaged long-life products (e.g. taralli, biscuits, roccocò, mostaccioli in sealed packs) consumers may withdraw without giving any reason within 14 days of receiving the goods, provided the packaging is intact and sealed.

3. How to withdraw

The easiest way is the “Withdraw from contract” button, always available at the bottom of every page and on each order in your account. Fill in a short form (name, email, order number and, if you like, the products) and confirm with the “Confirm withdrawal” button. You immediately receive an email acknowledging receipt, with the content of your declaration and its date and time (art. 54-bis Consumer Code).

Alternatively, before the deadline you can send a clear statement by email to dolciumidafrancoeagnesesas@gmail.com or certified email to dolciumidafrancoeagnese@pec.it, stating the order number and products, optionally using the model form at the bottom of this page.

You do not need to give a reason for withdrawing.

4. Returning the goods

Goods must be returned intact, in their original sealed packaging, within 14 days of your withdrawal notice, to the shop address or handed in at the shop. Return costs are borne by the consumer.

5. Refunds

We refund all payments received, including standard delivery costs, within 14 days of receiving your withdrawal notice, using the same payment method. We may withhold the refund until we receive the goods or proof of shipment (art. 56 Consumer Code).

6. Damaged, wrong or non-conforming products

If a product arrives damaged, wrong or non-conforming, the legal guarantee of conformity (articles 128 et seq. of the Consumer Code) always applies, including to fresh products.

For fresh products we ask you, if possible, to tell us within 24 hours of delivery or pickup, with a photo of the product and packaging: this lets us check and promptly replace it, issue a voucher or give a full refund at no cost to you. This is only an organisational request: the 24 hours are not a deadline and do not limit your statutory rights, which remain valid within the terms set by the Consumer Code.

The conformity of fresh products is assessed at the moment of courier delivery or store pickup (art. 133 Consumer Code), whose date and time are recorded in our system. Deterioration caused by storage not in line with the product's instructions after delivery (e.g. exposure to heat or lack of refrigeration) cannot be attributed to the Seller.

Do not eat a product you believe is unfit for consumption.

7. Cancelling an order

You can cancel an order of fresh products free of charge up to 24 hours before the agreed delivery or pickup time.

8. Model withdrawal form (Annex I(B), Directive 2011/83/EU)

To: Dolciumi da Franco e Agnese e Figli S.A.S di Giuliano Raffaele & C., Via Siepe Nuova 15, 80027, Frattamaggiore, NA, Italia, 10939091210, NA - 1143680, email dolciumidafrancoeagnesesas@gmail.com.

I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods: …

Ordered on (*) / received on (*): … — Name of consumer(s): … — Address of consumer(s): … — Signature (only if this form is notified on paper): … — Date: …

(*) Delete as appropriate.