Terms and Conditions
General provisions
These terms and conditions are valid exclusively between the Company PASTIFICIO BENEDETTO CAVALIERI S.R.L., with registered office at Via Garibaldi 68 – Maglie (LE), Italy, REA LE-327654, VAT No. 04908270756 (hereinafter referred to as the “Company”) and any person who browses the website www.benedettocavalieri.it, referred to as the “User” or who makes online purchases on the same website, hereinafter referred to as the “Customer.”
These terms may be subject to changes, and the date of publication on the Website is equivalent to their date of entry into force.
The Website is dedicated to retail sales and, as such, is intended for the exclusive use of consumer Customers. Consequently, the Customer guarantees that he is acting as a final Consumer and have no intention of reselling, either directly or indirectly, the purchased Products. Professional operators interested in purchasing can contact the Company directly for further information.
To make purchases via the Website, the consumer Customer must be of legal age (18 years) and have full legal capacity to act, which the Customer declares to possess.
These terms govern purchases made on the website www.benedettocavalieri.it, in accordance with the provisions of Part III, Title III, Chapter I of the Consumer Code, Legislative Decree No. 206/2005, as amended by Legislative Decree No. 21/2014 and Legislative Decree No. 70/2003 regarding electronic commerce.
WEBSITE ACCESS, INTELLECTUAL PROPERTY RIGHTS, AND COPYRIGHT
– Website Access
The User has the right to access the website www.benedettocavalieri.it for consultation and to make purchases. No other use, especially for commercial purposes, of the Website or its content is allowed.
The User agrees to indemnify and hold harmless the Company and its subordinates and employees from any claims or demands—including, without limitation, legal fees and expenses—brought by third parties due to or in connection with negligent behaviours, such as the use of or connection to the service, the violation of these terms, the infringement of third-party rights, or violations of laws by the User, their affiliates, officers, agents, co-brand owners, partners, and employees, to the extent permitted by law.
Unless where otherwise specified and without prejudice to the applicable legal provisions on product liability, any claim for damages against PASTIFICIO BENEDETTO CAVALIERI S.R.L. (or any natural or legal person acting on its behalf) for activities carried out by the User on this Website is excluded.
– Intellectual Property Rights and Copyright
The User acknowledges that all content on the Website, including documents, trademarks, trade names, and any distinctive sign, name, image, photograph, written or graphic text used on the Website or related to the Products, remains the exclusive property of the Company. Access to the Website and/or the purchase of Products does not grant the Consumer any rights over such content. The content of the Website may not be reproduced, either in whole or in part, transferred by electronic or conventional means, modified, or used for any purpose without prior written consent.
All content is protected by copyright laws and trademark protection regulations. The Website may also contain images, videos, articles, documents, logos, and trademarks of third parties, which have expressly authorized the Company to publish them on this Website and/or were acquired and published in good faith as material considered to be in the public domain. Such third-party material is also protected by copyright and trademark protection laws.
Except for strictly personal use, it is prohibited to copy, alter, distribute, publish, and/or use the content of this Website without prior specific authorization from the Company and, in any case, with an express obligation to cite the source.
GENERAL TERMS AND CONDITIONS OF ONLINE SALE
ARTICLE 1 – Subject of the Contract
Under these general terms and conditions of sale, PASTIFICIO BENEDETTO CAVALIERI S.R.L. sells, and the Customer purchases remotely, the tangible movable goods indicated and offered for sale on the website www.benedettocavalieri.it. The contract is concluded exclusively through internet, by the Customer’s access to the Website and the completion of an order according to the procedure provided by the Website.
The Customer undertakes to read, before confirming their order, these general terms and conditions of sale, particularly the pre-contractual information provided by www.benedettocavalieri.it, and to accept them by ticking the relevant checkbox.
These terms prevail over any prior written or verbal agreements between the Parties and are considered read and accepted by the Customer.
The Customer may download and store a copy of these general terms and conditions of sale from a dedicated link in the website footer and from the order checkout page.
ARTICLE 2 – Pre-Contractual Information for Consumers – Article 49 of Legislative Decree 206/2005
Before concluding the purchase contract, the Customer views the characteristics of the goods as described in the individual product sheets at the time of selection.
Before the conclusion of the contract and before order confirmation with the “obligation to pay,” the Customer is informed about:
- The total price of the goods, including taxes, with details of shipping costs and any other additional charges;
- The payment methods;
- The timeframe within which PASTIFICIO BENEDETTO CAVALIERI S.R.L. undertakes to deliver the goods;
- The terms, conditions, and procedures for exercising the right of withdrawal, along with the standard withdrawal form as per Annex I, Part B, of Legislative Decree No. 21/2014;
- The fact that the Customer must bear the cost of returning the goods in case of withdrawal;
- The existence of a legal guarantee of conformity for purchased goods;
- The after-sales services offered by PASTIFICIO BENEDETTO CAVALIERI S.R.L.
- Limitation of claims related to the improper storage condition of the Product after the time of delivery
The Customer may obtain, at any time and before contract conclusion, the information regarding the Society:
PASTIFICIO BENEDETTO CAVALIERI S.r.l.
Registered office and operational headquarters: Via Garibaldi, 68 – 73024 Maglie (LE) – Italy
Tel. 0836 484144
info@benedettocavalieri.it
ARTICLE 3 – Conclusion and Effectiveness of the Contract
3.1 To complete an order, the Customer must:
- Select the desired Products and add them to the cart, specifying, where possible, quantities and specific characteristics, along with any additional instructions (e.g., “send with courtesy receipt”). If the purchased Product requires action from the Customer, such as providing personal information, specifications, or special requests, placing the order also constitutes an obligation for the Customer to cooperate accordingly.
- Fill out the order form with their personal and shipping details. The Customer undertakes to verify the accuracy of the provided personal information.
- Select the payment method and complete the checkout process.
3.2 The order is considered confirmed when the Company sends the Customer a confirmation email. The email contains the Customer’s details, the order number, the price of the purchased goods, shipping costs, and the delivery address for the goods. All notifications regarding the purchasing procedure will be sent to the email address provided by the Customer.
3.3 Retention of Title
Until full payment of the price is received by the Company, the Customer does not acquire ownership of the ordered products.
ARTICLE 4 – Products and Availability
4.1 The Products available for purchase are described in the corresponding technical sheets published on the Website, which include details on ingredients, packaging, quantities, and essential features. PASTIFICIO BENEDETTO CAVALIERI S.R.L. endeavours to describe and present the products on the Website as accurately as possible. Descriptions are regularly updated to ensure maximum transparency. However, minor errors, inaccuracies, or slight differences between the website and the actual product may occur. The product photographs displayed on www.benedettocavalieri.it do not constitute a contractual element, as they are for representation purposes only. The measurements shown, as well as the cooking times, are purely indicative and may be subject to variations. Cooking times, in particular, may vary depending on factors such as altitude, the purity of the water used, and personal taste preferences.
4.2 Prices, descriptions, and product availability are indicated in the relevant sections of this Website and are subject to change without notice.
4.3 Product availability refers to the actual availability at the moment the Customer places the order. However, this availability is merely indicative, as multiple users may be browsing the website simultaneously, and products could be sold to other Customers before the order confirmation. Even after sending the order confirmation email, total or partial unavailability of goods may occur. In this case, the Customer will be promptly informed via email and may choose between:
- A full refund of the paid amount;
- A replacement with an equivalent product;
- Waiting for the selected product to become available.
If the Customer requests order cancellation, thereby terminating the contract, the Company will refund the amount paid within 14 days from the date it became aware of the Customer’s decision to terminate the contract.
ARTICLE 5 – Payment Methods
Details of accepted payment methods are provided during the purchasing process. All payments are managed independently by third-party services. Consequently, the Website does not collect payment-related data, such as credit card numbers, but receives a notification once the payment has been successfully processed. In the event of payment failure or refusal by the payment service provider, the Company is under no obligation to fulfil the order.
PASTIFICIO BENEDETTO CAVALIERI S.R.L. has never access to the Customer’s credit card or PayPal account information.
ARTICLE 6 – Prices
All product prices listed on www.benedettocavalieri.it are expressed in Euros and include VAT.
Shipping costs and any applicable customs duties are not included in the purchase price but are indicated and calculated at the time of purchase completion, before the payment phase. Any additional costs, charges, taxes, and/or duties imposed by the destination Country of the ordered Products are the sole responsibility of the Customer. The Customer acknowledges that the lack of knowledge of such costs at the time of order submission cannot be grounds for contract termination and cannot result in any charges to the Company. The Customer accepts the Company’s right to modify prices at any time; however, the Customer will pay based on the prices indicated on the website at the time of the order, as specified in the confirmation email. In the event of a technical, manual, or other error resulting in a substantial, unintended price alteration—whether excessively high or obviously low—the purchase order will be deemed invalid and cancelled, and the amount paid by the Customer will be refunded within 14 days from the cancellation date.
ARTICLE 7 – Shipping and Delivery
7.1 The Company delivers to the following Countries:
Italy, Austria, Belgium, Bulgaria, Croatia, Denmark, Estonia, Finland, France, Germany, Greece, Ireland, Latvia, Liechtenstein, Lithuania, Luxembourg, Netherlands, Poland, Portugal, Czech Republic, Romania, San Marino, Slovakia, Slovenia, Spain, Sweden, Hungary, and Vatican City. Deliveries are also made to the following territories: Norway, United Kingdom and Switzerland. Deliveries to the following areas are excluded: Campione d’Italia, Livigno, EU outermost regions, Overseas Territories, and the Faroe Islands.
7.2 – Carriers Used
Based on the selected delivery area and the weight of the order, PASTIFICIO BENEDETTO CAVALIERI S.R.L. will choose the most appropriate carrier from GLS, BRT, DHL, or FEDEX. Once the goods have been entrusted to the carrier, the Company will send the tracking code to the email or mobile phone number provided by the Customer.
7.3 – Delivery Times
• Italy: Approximately 3-5 working days from receipt of payment. Delivery times may extend to 5-8 working days for islands or remote locations.
• European Union: Approximately 7-12 working days.
PASTIFICIO BENEDETTO CAVALIERI S.R.L. undertakes to deliver the goods within 30 days from the date of the order confirmation email sent to the Customer.
Please note that customs clearance procedures may cause delays beyond the indicated delivery times.
7.4 – Shipping Costs
Shipping costs are optimized based on the package weight and geographic delivery area. The Customer can simulate shipping costs directly from the cart before completing the purchase.
– Shipping costs within Italy:
- Free shipping for orders equal to or exceeding € 50,00.
- For orders below € 50,00: a contribution of € 9,00 for deliveries within the national territory and € 14,00 for Sicily, Sardinia, and minor islands.
– European Union
Shipping costs vary by Country and order weight. These will be calculated at checkout and communicated before order confirmation.
Any customs duties required by the destination Country (e.g., Switzerland, Norway, United Kingdom) shall be borne by the Customer and paid according to the procedures established by the competent Authorities or by the carriers.
7.5 – Inspection at the Time of Delivery
Upon delivery, the Customer is required to verify that the package is intact and shows no signs of damage or tampering.
In case of anomalies, the Customer must:
- Accept the package with a specific reservation, explicitly stating the reason on the delivery note (e.g., “accepted with reservation for inspection due to tampered package”).
- Submit a detailed report, including photos, within 3 working days to info@benedettocavalieri.it.
The Customer is also required to verify, within 3 working days from delivery, that the number of items matches the order confirmation. If a product is found to be damaged, missing, or not in conformity with the Customer’s request, the Customer has the right to request the delivery or replacement of the missing or non-conforming product, or a credit to be used on the next purchase, equal to the value of the disputed product(s). The above-mentioned communications must be made within 3 days from the delivery date, to the contact details provided in these General Provisions. The costs of product replacement will be borne by PASTIFICIO BENEDETTO CAVALIERI S.R.L.
7.6 – Failed Delivery
PASTIFICIO BENEDETTO CAVALIERI S.R.L. will not be held liable for any delivery errors resulting from inaccuracies or omissions made by the Customer when completing the purchase order. Likewise, the Customer’s cooperation is essential to ensure the successful completion of the delivery.
If the delivery is unsuccessful, the product will be returned to the Company. Any storage fees or costs related to a new shipment will be borne by the Customer.
ARTICLE 8 – Right of Withdrawal
In accordance with applicable legal provisions, the Customer has the right to withdraw from the purchase without any penalty and without specifying any reason, within 14 days from the date of receipt of the products.
Pursuant to Article 59, paragraph 1 of Legislative Decree 6 September 2005, No. 206, the right of withdrawal cannot be exercised, among others, in the following cases:
- For products that are custom-made or clearly personalized;
- For products which, by their nature, cannot be returned due to the risk of deterioration or rapid expiration;
- For products that are not suitable for return for hygiene or health-related reasons and have been unsealed after delivery.
The right of withdrawal applies to the purchased product in its entirety; therefore, if the product consists of multiple components or parts, withdrawal cannot be exercised for only part of the purchased product.
A Customer who intends to exercise the right of withdrawal must notify PASTIFICIO BENEDETTO CAVALIERI S.R.L. in writing through an explicit declaration, which may be sent via registered letter with acknowledgment of receipt (LRAR) or certified email (PEC). The Customer may use the standard withdrawal form (optional) as provided in Annex I, Part B, of Legislative Decree No. 21/2014, provided below:
Standard Withdrawal Form
(Please complete and return this form only if you wish to withdraw from the contract)
To:
PASTIFICIO BENEDETTO CAVALIERI S.R.L.
Registered office: Via Garibaldi, 68 – 73024 Maglie (LE), Italy
Tel: +39 0836 484144
Email: info@benedettocavalieri.it
DETAILS:
Name: _________________________________________________________
Address: ______________________________________________________
Phone number: __________________________________________________
Fax: __________________________________________________________
Email: ______________________________________________________
I, the undersigned: ________________________________________
Residing at: ________________________________, in ___________________
Hereby notify my withdrawal from the sales contract for the following product(s):
Ordered on: ______________ and received on: ______________
Date: ______________
Signature (only if this form is submitted in paper format):
If the right of withdrawal is exercised, the Customer is required, at their own expense, to return the goods within 14 days from the date on which they communicated to the Company their decision to withdraw from the contract, pursuant to Article 57 of Legislative Decree No. 206/2005. The goods must be returned to the following address: PASTIFICIO BENEDETTO CAVALIERI S.R.L. – Via Garibaldi 68 – 73024 Maglie (LE) -ITALY. The goods must be returned intact, in their original packaging, complete in all parts (including packaging, any documentation, and accessories). Subject to verification of compliance with the above conditions, PASTIFICIO BENEDETTO CAVALIERI S.R.L. will refund the amount of the returned products within a maximum period of 14 days, including any original shipping costs. PASTIFICIO BENEDETTO CAVALIERI S.R.L. reserves the right not to accept returns from the same order that are made and shipped at different times. As provided by Article 56, paragraph 3 of Legislative Decree No. 206/2005, as amended by Legislative Decree No. 21/2014, the Company may withhold the refund until it has received the returned goods.
Returns that have not been previously communicated through the aforementioned procedures will not be accepted. Likewise, returns of sealed packaged products that have been opened by the Customer will not be accepted.
ARTICLE 9 – Legal Guarantee of Conformity
9.1 Legal Guarantee of Conformity
The sale of Products is subject to the legal warranties provided under Articles 128 et seq. of Legislative Decree No. 206/2005, which the Customer is encouraged to review in their entirety. The Legal Warranty is reserved for consumer Customer. Therefore, it applies only to Customers who have made a purchase on the website for purposes unrelated to any commercial or professional activity. The seller is liable to the consumer for any lack of conformity that exists at the time of delivery of the goods. The warranty for non-conformity is valid for two (2) years from the date of delivery of the goods.
To report defects or non-conformities, the Customer must contact Customer Service and provide:
- A detailed description of the defect;
- Pictures of the product;
- The order number and proof of purchase.
If the product is found to be defective or non-conforming, the Company will, at its own expense, arrange for the return of the product, subject to the Customer’s availability, or authorize the Customer to dispose of the product.
PASTIFICIO BENEDETTO CAVALIERI S.R.L. assumes no liability for defects resulting from improper storage of the Product after delivery. Proper storage conditions are specified both in the product descriptions available on the Website and on the product label.
ARTICLE 10 – Limitations of Liability
10.1 Force Majeure and Fortuitous Events
PASTIFICIO BENEDETTO CAVALIERI S.R.L. assumes no liability for any disruptions caused by force majeure or fortuitous events, including but not limited to malfunctions and failures of the internet network, in cases where the Company is unable to fulfil the order within the contractual timeframe.
10.2 Delays and Non-Delivery
PASTIFICIO BENEDETTO CAVALIERI S.R.L. shall not be held liable for delays or failure to deliver due to force majeure events, such as strikes, adverse weather conditions, or government-imposed restrictions.
10.3 Improper Use of Products
PASTIFICIO BENEDETTO CAVALIERI S.R.L. shall not be held liable for any damages resulting from the improper use of the products by the Customer.
ARTICLE 11 – Severability
These General Terms and Conditions of Sale consist of all the clauses contained herein. If one or more provisions of these General Terms and Conditions of Sale are deemed invalid or declared as such pursuant to the law, regulation, or as a result of a decision by a court of competent jurisdiction, the remaining provisions shall continue to have full force and effect.
ARTICLE 12 – Applicable Law and Jurisdiction
This contract is considered concluded in Italy and is governed by Italian law. For all matters not expressly referred to herein, Legislative Decree No. 198 of 2021 and the provisions of the Italian Civil Code shall apply.
For civil disputes where the Buyer is a consumer Customer acting for purposes unrelated to business or professional activities, the mandatory territorial jurisdiction lies with the court of the Consumer’s place of residence or domicile if located within the territory of the Italian State. In all other cases, exclusive jurisdiction shall be assigned to the Court of Lecce.