Pre-Order Terms & Conditions
1. Scope
These Pre-Order Terms & Conditions (“Pre-Order Terms”) govern the purchase of products identified as available for pre-order but not physically available for shipment (“Pre-Order Products”) on the website www.venchi.com, including all its localized versions for the EMEA and UK markets (the “Website”) operated by Venchi S.p.A., with registered office in Via Vincenzo Monti, 8 Milano – 20123, VAT No. IT05744670968 (“Venchi”).
By placing a Pre-Order, the Customer acknowledges and accepts these Pre-Order Terms in addition to the Website’s General Terms & Conditions of Venchi. The submission of a Pre-Order by the Customer constitutes an offer to purchase and does not give rise to a binding contract. The contract shall be deemed concluded only upon Venchi’s transmission of an order confirmation email to the Customer. Venchi reserves the right, at its sole discretion, to decline any Pre-Order without obligation to provide reasons therefore.
2. Definitions
Customer means any natural person who places a Pre-Order on the Website for purposes unrelated to any business, trade, craft or professional activity, qualifying as a consumer within the meaning of applicable consumer protection legislation, including Italian Legislative Decree No. 206/2005 (Consumer Code).
Pre-Order means an order placed by a Customer for a Pre-Order Product.
General Terms & Conditions means the general terms and conditions of sale published on the Website at the section “Termini e Condizioni di Vendita” (or its English-language equivalent), as amended from time to time, which apply to all purchases made through the Website and are incorporated herein by reference to the extent not expressly modified by these Pre-Order Terms.
Estimated Shipping Date means the indicative date or date range communicated by Venchi for the expected shipment of a Pre-Order Product.
Payment Capture means the moment at which the purchase price is effectively charged to the Customer’s selected payment method.
Force Majeure means any event beyond Venchi’s reasonable control, including but not limited to: natural disasters, pandemics, epidemics, wars, armed conflicts, terrorism, sanctions, embargoes, governmental acts or regulations, strikes, lockouts, labour disputes, interruptions or delays in the supply chain, shortages of raw materials, failures of transportation or telecommunications networks, cyberattacks, power outages, and any other unforeseeable or unavoidable event.
3. Nature of Pre-Order Products and Limited Availability
The Website clearly identifies the Pre-Order Products through dedicated labels, including but not limited to:
- Pre-Order
- Limited Edition
The availability of Pre-Order Products may be limited in quantity and shall be available only while the allocated pre-order stock remains available.
The Website may display:
- the remaining quantity of the Pre-Order Products;
- a countdown timer;
- other indicators of limited availability.
Such information is provided only for Customer convenience and may be subject to reasonable updates and adjustments.
Once the pre-order stock has been exhausted, the Pre-Order Product will be displayed as “Sold Out” and will no longer be available for purchase.
Pre-Order Products cannot be purchased together with immediately available products on the Website within the same order.
If the Customer intends to purchase both Pre-Order Product and in-stock products, separate orders must be placed.
4. Estimated Shipping Date
For each Pre-Order Product, an Estimated Shipping Date will be displayed on the product page and during checkout.
The Estimated Shipping Date may be subject to change due to production, logistics, customs, carrier, or other circumstances beyond Venchi's reasonable control.
Venchi will make commercially reasonable efforts to ship the Pre-Order Product within the Estimated Shipping Date.
5. Payment Authorization and Capture
At the time the Pre-Order is placed, Venchi may obtain payment authorization using the payment method selected by the Customer.
The Customer acknowledges and agrees that:
- payment will not be captured immediately;
- Payment Capture will occur only once the Pre-Order Product is available for shipment;
- invoice issuance (where applicable) will take place upon shipment.
The Customer is responsible for ensuring that the selected payment method remains valid until Payment Capture occurs.
Should payment authorization expire or payment capture fail, Venchi may contact the Customer to obtain an alternative payment method.
6. Failed Payment Capture
If Payment Capture cannot be successfully completed when the Pre-Order Product becomes available for shipment, Venchi reserves the right to:
- contact the Customer to request updated payment information;
- suspend processing of the order;
- cancel the order if payment cannot be successfully collected within a reasonable period.
No shipment will occur unless payment is successfully captured.
7. Order Cancellation by Customer
The Customer may cancel a Pre-Order free of charge at any time prior to Payment Capture and shipment, by contacting Venchi’s customer service at the contact details indicated on the Website. Cancellation requests shall be processed without undue delay and, where no payment has been captured, no refund shall be required.
Without prejudice to the provisions set forth under Clause 16 below, following delivery of the Pre-Order Product, the Customer shall be entitled to exercise the right of withdrawal within fourteen (14) days from the date of physical receipt of the Pre-Order Product, in accordance with Articles 52 et seq. of Italian Legislative Decree No. 206/2005 (Consumer Code) and Directive 2011/83/EU.
The withdrawal period shall commence from the date on which the Customer, or a third party designated by the Customer other than the carrier, acquires physical possession of the Pre-Order Product.
The right of withdrawal is subject to the exclusions set out in Clause 16 below (Perishable Products and Exclusions from Withdrawal). The return shipping costs shall be borne by the Customer. Where the right of withdrawal is validly exercised, Venchi shall reimburse all amounts paid by the Customer within fourteen (14) days from receipt of the withdrawal communication, provided that Venchi may withhold the reimbursement until it has received the returned Pre-Order Product or until the Customer has supplied evidence of having sent back the Pre-Order Product, whichever is the earliest.
The reimbursement shall be made using the same payment method used by the Customer for the original purchase, unless otherwise agreed.
8. Order Cancellation by Venchi
Venchi reserves the right to cancel a Pre-Order where:
- the Pre-Order Product becomes unavailable;
- production is discontinued;
- stock availability is lower than anticipated;
- payment cannot be successfully processed;
- circumstances beyond Venchi's reasonable control prevent fulfillment;
- the order is reasonably suspected of being fraudulent, abusive, or placed for the purpose of commercial resale;
- a manifest error in the price or description of the Pre-Order Product has occurred on the Website.
In such cases, Customer will be notified as soon as reasonably possible.
Where no payment has been captured, no refund will be required.
Where payment has already been captured, any amounts paid will be refunded through the original payment method within fourteen (14) days from the date of cancellation. Venchi shall not be liable for any further compensation, damages or costs arising from such cancellation.
9. Delivery Delays
Venchi shall not be liable for any delays caused by:
- third parties and suppliers;
- production constraints;
- transportation providers;
- customs authorities;
- Force Majeure events;
- any circumstances beyond Venchi's reasonable control.
The Estimated Shipping Date does not constitute a guaranteed delivery commitment. In the event that the Estimated Shipping Date is exceeded by more than thirty (30) days, the Customer shall be entitled to cancel the Pre-Order and obtain a full refund of any amounts captured, without prejudice to any mandatory rights under applicable consumer protection legislation.
10. Pre-Order Product Information
Images, descriptions, packaging designs and marketing materials displayed and related to the Pre-Order Products are intended for illustrative purposes only and do not form part of the contractual obligations of Venchi.
The prices displayed on the Website for Pre-Order Products are subject to verification. In the event of a manifest error in the indicated price, Venchi reserves the right to cancel the Pre-Order and notify the Customer accordingly, without incurring any liability. Where payment has already been captured, the amount shall be refunded in full.
11. Customer Communications
By placing a Pre-Order, the Customer agrees to receive transactional communications relating to the Pre-Order, including:
- order confirmation;
- updates regarding Estimated Shipping Dates;
- payment-related communications;
- shipping confirmation;
- cancellation notifications, where applicable;
- any other transactional communication reasonably related to the Pre-Order.
12. Limitation of Availability
Venchi reserves the right to limit the quantity of Pre-Order Products that may be purchased by a single Customer, household, account, payment method or delivery address.
Pre-Order Products are intended exclusively for personal, non-commercial use. Any purchase made for the purpose of commercial resale is strictly prohibited.
Venchi reserves the right, at its sole discretion and without prior notice, to cancel any order and/or suspend or terminate any Customer account where it reasonably suspects that the order has been placed in violation of these Pre-Order Terms, including but not limited to purchases intended for resale, fraudulent orders, or any form of abuse of the pre-order system.
13. Governing Law and Jurisdiction
Except where expressly modified by these Pre-Order Terms, all purchases remain subject to the General Terms & Conditions, Privacy Policy and applicable consumer protection laws.
These Pre-Order Terms shall be governed by and construed in accordance with the laws of the Italian Republic, including the applicable provisions of the Consumer Code (D.Lgs. 206/2005) and Italian Legislative Decree No. 70 of 9 April 2003 on electronic commerce.
Any dispute arising out of or in connection with these Pre-Order Terms shall be submitted to the exclusive jurisdiction of the courts of Milan, Italy, without prejudice to applicable mandatory consumer rights.
14. Data Protection and Privacy
The personal data provided by the Customer in connection with the Pre-Order shall be processed by Venchi in accordance with Regulation (EU) 2016/679 (General Data Protection Regulation) and applicable national data protection legislation.
Full details regarding the purposes, legal bases, retention periods and rights of data subjects are set out in the Website’s Privacy Policy.
By placing a Pre-Order, the Customer confirms having read and understood the Privacy Policy.
15. Product Conformity and Legal Guarantee
All Pre-Order Products are subject to the legal guarantee of conformity as provided by applicable consumer protection legislation, including Articles 128 et seq. of Italian Legislative Decree No. 206/2005 and Directive (EU) 2019/771 on the sale of goods.
These rights are in addition to, and not in substitution of, any rights provided under the General Terms & Conditions published on the Website.
16. Perishable Products and Exclusions from Withdrawal
Pre-Order Products may include food and confectionery items that are perishable or have a limited shelf life.
Notwithstanding the right of withdrawal set out in Clause 7, the Customer acknowledges and agrees that, pursuant to Article 59(1)(d) and (e) of Italian Legislative Decree No. 206/2005, the right of withdrawal shall not apply after delivery to:
- Pre-Order Products which, by their nature, are liable to deteriorate or expire rapidly;
- Pre-Order Products supplied in sealed packaging not suitable for return due to health protection or hygiene reasons, where such packaging has been opened or unsealed after delivery.
The Customer is informed that all food and confectionery products (including alcoholic products, where applicable) may fall within these categories.
The placement of a Pre-Order constitutes acknowledgment of this information.
17. Customs Duties, Taxes and Import Charges
All prices displayed on the Website for Pre-Order Products are inclusive of VAT as applicable in the country of dispatch, in accordance with the General Terms & Conditions.
For shipments to the United Kingdom and to any country outside the European Union, the Pre-Order Products may be subject to import duties, customs fees and local taxes imposed by the authorities of the country of destination upon arrival.
Such charges, where applicable, are the sole responsibility of the Customer and are not included in the price displayed on the Website.
Venchi shall not be liable for any delays, costs or charges arising from customs clearance procedures.
The Customer is advised to consult the relevant customs authority in the country of destination before placing a Pre-Order.