1.1 The object of these General Conditions of Sale is the sale of products made online through the eCommerce service of the site www.rosabakehouse.com.
1.2 The products on the site can only be purchased and delivered in the countries listed on the Order Form. Any orders for shipment outside of these countries will be automatically rejected during the order processing procedure.
2.1 The products are sold directly by Rosa's Bakehouse, with registered office in Western Australia at Roberts Road, Subiaco - WA 6000 (hereinafter Rosa's Bakehouse or the Seller).
For any information, you can contact the eCommerce of Rosa's Bakehouse:
- by e-mail at the following address: email@example.com
2.2 These General Conditions of Sale discipline the entry, sending and acceptance of purchase orders for products on www.rosabakehouse.com and do not, instead, discipline the supply of services or the sale of products by subjects other than the Vendor that are present on www.rosabakehouse.com through links, banners or other hypertext connections. Before entering orders and purchasing products and services from subjects other than the Vendor, we suggest that you check their conditions of sale because the Vendor is not responsible for the supply of services by third-party subjects other than the Vendor.
2.3 The products are sold to the Customer identified by the data entered at the time the electronic order form was filled out with the simultaneous acceptance of these General Conditions of Sale.
2.4 The offers of products on the site www.rosabakehouse.com are intended for adult customers.
If you are below age 18, you must have the permission of one of your parents, or a legal guardian, before you can purchase on the site www.rosabakehouse.com.
Remember: this is always the case, not only for our site but for all the sites that you visit on the Internet: always ask for your parents’ help if you see, or are asked for, information you do not understand when surfing the Internet.
By placing an order on this web site, you are guaranteeing us that you are an adult (18 years old) and have the legal ability to enter into a binding contract.
2.5 The Customer is forbidden to enter false, invented or imaginary names during the online order procedure and additional communications. The Vendor reserves the right to prosecute any violation or abuse, in the interests and protection of all consumers.
2.6 Moreover, by accepting these Conditions of Sale, you release the Vendor from any liability deriving from the issuing of incorrect tax documents due to errors in the data you provided at the time of the entry of the online order, since, as the customer, you are the only one responsible for their correct entry.
3. Sales through the eCommerce service
3.1 "Online sales contract” means the remote contract for the sale of chattel goods (hereinafter the Products) signed entered into between you, as the Customer, and Rosa's Bakehouse, as the Vendor, in the context of an eCommerce service organized by the Vendor, which uses the remote communications technology known as the Internet.
3.2 To conclude a contract for the purchase of one or more Products, you must fill out the electronic order form (hereinafter, the Order) and send it to the Vendor over the Internet by following the relative instructions.
3.3 The Order contains:
- a reference to these General Conditions of Sale;
- information and pictures for each Product and its price;
- the means of payment that you can use;
- the delivery methods for the Products purchased and the relative shipping and delivery costs;
- a reference to the conditions for exercising you right of withdrawal;
3.4 Despite RosaBakehouse's’s adoption of measures to ensure that the photographs on the site are faithful reproductions of the original products, including the use of every possible technical solution to reduce inaccuracies to a minimum, there may always be differences due to the technical characteristics and resolution of colors on the computer you are using. Consequently, the Vendor will not be liable for any shortcomings of the product pictures on the site due to the above technical reasons, since these pictures are only for purposes of illustration.
3.6 The contract is concluded when the Vendor receives your Order Form over the Internet and checks the correctness of the data on your order.
3.7 The language available for concluding the contract with the Vendor is English and the contract is governed by Australian law.
3.8 After the conclusion of the contract, the Vendor will be responsible for filling your order.
4. Order Fulfillment
4.1 By sending the Order over the Internet, you unconditionally accept, and undertake to be observe, these General Conditions of Sale in your relations with the Vendor.
4.2 After the contract is concluded, the Vendor will send you an Order Confirmation, by e-mail, containing a summary of the information already contained in the Order described in paragraphs 3.3, 3.4 and 3.5.
4.3 It is possible that, before sending the Order Confirmation, the Vendor will contact you at the e-mail address or telephone number you indicated to request additional information about the Order you sent over the Internet.
4.4 The Vendor may refuse to fill your purchase orders that do not provide a sufficient guarantee of solvency, are incomplete or incorrect or if the Products are not available. In these cases, we will inform you by e-mail that the contract is not concluded and that the Vendor has not filled your Order, specifying the reasons. In this case, the sum authorized on the Customer’s means of payment will be released.
4.5 If the Products shown on the web site are no longer available or for sale after the sending of the Order, the Vendor will notify you of the unavailability of the Products ordered in a timely manner and, in any case, within thirty (30) working days after the date on which you sent your Order to the Vendor. In this case, the sum authorized on the Customer’s means of payment will be released.
4.6 Each sale made by the Vendor through the online sales service can regard one or more Products, without limit of quantity for each item.
4.7 Rosa's Bakehouse reserves the right to refuse orders from a customer that it is suing relative to a previous order. This applies equally to all cases in which Rosa's Bakehouse considers the client to be unsuitable, including by way of example, the case of previous violations of the contract conditions for online purchases from the site or for any other legitimate reasons, especially if the customer was involved in any kind of fraudulent activity.
5. Sale Prices
5.1 Except where indicated otherwise in writing, all Product prices and shipping and delivery expenses indicated on the web site and in the Order include VAT and are expressed in Australian Dollars. The validity of the prices shown is always and only that indicated on the web site at the time the Order is sent over the Internet. Product prices and shipping and delivery expenses can be changed without any obligation to give advance notice. So, check the final sale price before sending the relative Order.
5.2 All Products are shipped directly from Western Australia.
6. Method of payment
To pay the price of the Products and the relative shipping and delivery expenses, you can use one of the methods indicated on the Order Form of the site www.rosabakehouse.com and which are summarized below.
- 6.1.1 If you have a Paypal account, Rosa's Bakehouse provides the option of paying directly using the e-mail account and password you used when you registered with www.paypal.com.
6.3 At no time during the purchase procedure will Rosa's Bakehouse have access to your credit card information (such as the number of the credit card or its expiration date), which is sent using directly to the subject that manages the electronic payment (bank or Paypal) over a connection protected by an encryption protocol. This data is not kept by the Vendor in any computer archive.
6.4 So, the Vendor cannot, in any case, be considered liable for any fraudulent or undue use of credit and prepaid cards by third parties.
7. Shipping and delivery of the products
7.1 Each shipment contains:
- the products(s) ordered;
- the relative accompanying shipping document/invoice;
- any accompanying documentation required by the country to which it is being shipped;
- any informational and marketing materials.
7.2 The Products purchased on the web site from the Vendor can be delivered in various ways.
7.3 Delivery to the Customer’s home
- 7.3.1 The products purchased will be delivered by the courier identified by the Vendor to the shipping address indicated by the Customer on the order with insured shipping. See the Shipments section for additional information about costs, times, shipping methods and countries served.
- 7.3.2 When the merchandise is received at your home, please check the integrity of the packages at the time of the delivery by the courier. In the case of problems, point them out to the courier, make sure they are noted exactly and reject the delivery. Otherwise, you may lose your rights in this regard.
7.4 Delivery to a sales point with which the Vendor has an agreement for pick-up by the customer
- 7.4.1 Only in the case where this option is specifically provided, the Products purchased can be delivered to a sales point with which the Vendor has an agreement and which you can at the time of the Order. See the Shipments section for additional information about costs, times and shipping methods.
- 7.4.2 When the products purchased are delivered to the sales point, you will be notified by SMS and/or e-mail and, from that moment, you will have only 1 working days to pick-up the Products on your Order, according to the methods described in the Order Confirmation.
- 7.4.3 Failure to pick-up during this period will result in the cancellation of the order by the Vendor and the not refund of the entire sum previously paid.
8. Right of withdrawal
8.1 Given the perishable nature of the products sold by Rosa's Bakehouse the Customer that enters into the contract is a Consumer (this definition meaning any physical person who accesses the site for purposes other than the business or professional activities he may exercise), he will have not the right to withdraw from the contract concluded with the Vendor.
8.2 If for any reason you have received an incorrect meal, your whole order has not been delivered, incorrect item(s) were delivered or you have received something with which you are not 100% satisfied, we will ensure you are not charged. However you must notify Rosa Bakehouse immediately via email within 24 hours of the delivery being made, and we will need you to provide proof of the issue. We may not be able to refund any consumed or disposed of meals. If outside of business hours - please place the product in the fridge and send an email to firstname.lastname@example.org so we have an instant record of the problem & then call us as soon as possible the next day.
8.3 Due to the fresh and perishable nature of our products we cannot accept returns made more than 24 hours after the original delivery date. Return shipment costs are the responsibility of the buyer. Returned goods must be delivered to us unconsumed (unless the complaint was a quality issue related to having tried the product) or you may not be eligible for refund.
8.4 We cannot be held responsible for items damaged or lost in return delivery, therefore we recommend an insured and trackable courier service. We are unable to issue a refund without actual receipt of the item(s). Please allow 1 week for your return to be processed. To advise of a product or delivery issue please call us as soon as possible on the orders line. We are a friendly bunch, so let us know if you are not completely satisfied and we will certainly try to solve the issue.
The RosaBakehouse eCommerce team is available to answer any questions and can be contacted at the following e-mail address, email@example.com, or at the following postal address:
10. Communications to the customer
The Customer acknowledges, accepts and gives his consent to the fact that all communications, notifications, certifications, information, statements and, in any case, all documentation about the operations executed, referring to the purchase of the Products, will be send to the electronic mail address indicated at the time of registration, with the possibility of downloading the information on durable media using the methods, and within the limits, required by the site.
13. Governing law, dispute settlement and competent jurisdiction
13.1 These General Conditions of Sale are governed by Italian law and will be interpreted according to it, without prejudice to any other mandatory rule prevailing in the country of habitual residence of the Customer. Therefore, the interpretation, execution and cancellation of the General Conditions of Sale are subject exclusively to Australian law and any disputes relating to and/or consequential to them shall be resolved exclusively by Australian courts. In particular, if the Customer qualifies as a Consumer, any disputes will be resolved by the court of his domicile or residence based on the applicable law or, at the consumer’s option in the case of a suit filed by the consumer, by the Court of Verona. If, instead, the customer is acting in the exercise of his business, commercial, craft or professional activities, the parties consensually establish the exclusive jurisdiction of the Court of Perth.
14. Modification and updating
The Vendor may make changes or amendments to these General Conditions of Sale at any time. Therefore, we will ask the customer to accept only the General Conditions of Sale in force at the time of the purchase. The new General Conditions of Sale will be effective from the date of publication on the website www.rosabakehouse.com and in relation to purchase orders submitted after that date.