Terms of service

TERMS AND CONDITIONS OF SALE

1. Who we are and who these Terms apply to

1.1 Seller. The website “usa.olivieri1882.com” (the "Website") is operated by AUDAX 1882 LLC, 9701 NE 2nd Ave #1015, Miami Shores, FL 33138, United States, EIN 93-3841379, which sells Olivieri 1882 products ("we", "us", "our"). Customer Service contact: customer@olivieri1882.com.

1.2 Who can buy. These Terms and Conditions of Sale (the "Terms") apply to purchases made by individuals for personal use ("you"). You must be at least 18 years old and legally able to enter into a contract.

If you are interested in Business or Wholesale purchase, please contact our Customer Service.

1.3 Acceptance. By placing an Order you accept these Terms

2. Key terms

•         "Products": food products and physical or digital services or gift cards offered on the Website.

•         "Order": your purchase request submitted at checkout.

•         "Order Confirmation": the email in which we accept your Order.

•         "Daily" order: an order for products available for immediate shipment from the United States.

•         "Reservation" (pre-order): an order with a future shipment date or window shown before purchase, shipped from Italy.

•         "Business days": Monday to Friday, excluding U.S. federal holidays.

3. Orders and payment

3.1 Placing an Order. Before you pay, you can review and correct your Products, quantities, addresses, shipping option and payment method. The Product price, applicable sales tax and shipping charges are shown before you pay. All Products are subject to availability.

3.2 Contract. Your Order is an offer to buy. The contract is formed when we send the Order Confirmation to the email address you provided.

3.3 Payment. Payment is charged in full when you place the Order, including for Reservation orders. Accepted payment methods are those shown at checkout.

3.4 Prices. Prices are in U.S. dollars. Price changes never affect an Order we have already accepted. If an accepted Order contains an obvious pricing error,  we may cancel the Order and give you a full refund; we will never charge you a higher price without your consent.

3.5 Duties and taxes. For shipments from Italy to the United States, import duties are paid by us. For shipments to other countries, any customs duties, import taxes and clearance fees are your responsibility and may be collected by the carrier or authorities.

3.6 No partial shipments or substitutions. We ship Orders in full. If we cannot fulfil your whole Order, we will contact you and, unless you agree otherwise, cancel it and refund you. We never substitute a Product without your consent.

4. Shipping and delivery

4.1 Daily orders ship from our New Jersey logistics partner. Processing usually takes about 1 business day, and carrier transit usually takes about 3 business days after pickup.

4.2 Reservation orders ship from Italy on the scheduled shipment date shown at checkout. Delivery usually takes about 12 business days from such shipment date shown at checkout

4.3 Estimates. Delivery times are estimated, not guaranteed. Peak periods, weather, customs and carrier operations may cause delays for which we are not responsible.

4.4 Shipment and Delays. If we cannot ship within the time stated (or, if none is stated, within 30 days), we will notify you and offer you the choice of accepting the delay or cancelling for a full, prompt refund of the unshipped Products, as required by the FTC Mail, Internet or Telephone Order Merchandise Rule.

For the sake of clarity, our contractual commitment is to ship the Products in the timeframe defined, meaning we are giving the Products to the logistic partner for their delivery at your chosen address, but we take no responsibility for the actual time of delivery, being it out of our control.

4.5 Shipping costs (U.S.). Standard shipping is $10 per shipment. Shipping is free when the value of Products shipped (excluding taxes and shipping) to a single address is $149 or more, or above any different threshold stated in a promotion. Rates for other destinations are shown at checkout.

4.6 Addresses. We do not deliver to P.O. Boxes. You are responsible for providing a complete and correct delivery address and recipient details. For Canada, please use our European website.

4.7 Risk of loss. Risk of loss passes to you when the carrier delivers the parcel to the address you provided. Carrier tracking records shall constitute proof of delivering If tracking shows the parcel as delivered but you cannot find it, contact us within the time limit in section 6.3 and we will open an investigation with the carrier; we are not responsible for parcels lost or stolen after confirmed delivery to the correct address.

5. Changing or cancelling an Order

5.1 60-minute window. You may ask to cancel or correct an Order within 60 minutes of placing it by emailing customer@olivieri1882.com with your order number and the full change requested. A change is effective only once we confirm it.

5.2 What can be changed. Within the 60-minute window, we will try to update the delivery address or gift message. Products and quantities cannot be edited: we will instead cancel and refund the Order so you can place a new one at current prices and availability. Orders cannot be switched between Daily and Reservation.

5.3 After the window. After the 60-minute window, or once an Order has entered fulfillment, we cannot guarantee any change or cancellation. For Reservation orders, we will check whether a change is still possible. This does not affect your rights under sections 4.4 and 6.

6. Return and Refund Policy

6.1 All sales are final. Since our Products are perishable food items baked in Italy and quality issues must be assessed promptly, the claim deadlines in this Section are a material condition of any refund or replacement request. . We do not accept returns, exchanges or refunds for change of mind, taste preference, ordering mistakes, or any reason other than those listed in section 6.2. Please do not send Products back to us: returned food Products cannot be resold, they will not be accepted, and they will not be refunded.

6.2 Only exceptions.

Refunds or replacements are available only if:

•         the Product arrived damaged;

•         the Product is defective or unfit for consumption (for example, spoiled or contaminated) on delivery or before its best-before date;

•         you received the wrong Product;

•         a Product is missing from your Order; or

•         your Order was not delivered.

 

6.3 Deadlines.

•         Damaged, wrong or missing Products: notify us within 48 hours of delivery.

•         Defects that could not reasonably be detected on delivery (for example, spoilage found on opening): notify us within 48 hours of discovery, and in any case before the best-before date.

•         Non-delivery: notify us within 7 days after the estimated delivery date.

 

6.4 How to make a claim. Email customer@olivieri1882.com with:

- your order number;

- a description of the problem;

- clear photos of the Product, packaging and shipping label;

- lot/batch number and best-before date printed on the Product.

Keep the Product and packaging until we have closed your claim.

Do not consume a Product you believe may be unsafe.

6.5  Late or incomplete claims. We may decline claims submitted after the deadlines above or without the information requested, since we would not be able to provide you with a satisfactory response after the quality assessment we always perform.

6.6  Not covered. The following claims are not to be considered as covered by the above-described acceptable claims:

•         normal variations in appearance, texture, shape or moisture typical of artisanal baked goods;

•         Products stored improperly after delivery, or consumed after their best-before date;

•         delays in delivery, since we only take care of shipment;

•         delays caused by incorrect address information;

•         parcels refused, not collected, or returned because of an incorrect or incomplete address supplied by you.

 

6.7 Remedies. If we approve your claim, we will, at our sole discretion, either (a) ship a replacement of the affected Product, subject to availability, or (b) refund the price of the affected Product. Shipping charges are refunded only if the whole Order was affected or the problem was caused by our error. Where a Product is replaced, you do not need to return the original.

6.8 Refused or undeliverable parcels. Since our Products are perishable, if a parcel is refused without a valid reason, not collected, or returned because of incorrect address information, the Order is not eligible for a refund. On request, we may reship the Order at your expense, telling you the cost before reshipping.

6.9 Refund method and timing. Approved refunds are made to the original payment method within 10 business days of approval. Your bank or card issuer may need additional time to post the credit.

6.10 Gift cards. Gift cards are not refundable and cannot be exchanged for cash. Digital gift cards can be used only for Products, not for shipping charges. Gift cards do not expire and carry no inactivity or service fees.

6.11 Payment disputes. Please contact us first so we can resolve any issue quickly. This does not limit any right you have under applicable law or your card issuer's rules. You anyway agree that if a chargeback is filed for an amount not properly due under these Terms, we may submit these Terms, delivery records, photographs, claim correspondence, and other relevant evidence to the payment processor or card issuer.

7. Product information, allergens and shelf life

7.1 Descriptions. Each product page describes the Product's main features. Images are illustrative; screen settings and normal production variations may affect appearance. Packaging may change over time without changing the Product.

7.2 Allergens. Always read the ingredient and allergen information on the product page and on the label before consuming. If the label does not match the product page or your dietary needs, do not consume the Product and contact us.

7.3 Shelf life and storage. Panettone typically has a shelf life of about 90 days from production. Because Products are made in batches, this does not mean 90 days will remain at delivery. Always refer to the best-before date and storage instructions on the Product.

8. Warranties and limitation of liability

8.1 Warranty. We warrant that Products, when delivered, will match their description and be fit for consumption until their best-before date if stored as instructed. Your remedies for breach of this warranty are those set out in section 6.

8.2 Disclaimer. TO THE FULLEST EXTENT PERMITTED BY LAW, THE REMEDIES DESCRIBED IN SECTION 6 ARE YOUR SOLE AND EXCLUSIVE REMEDIES FOR ANY CLAIM RELATING TO THE PRODUCTS OR AN ORDER AND WE DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. If States do not allow these disclaimers, they may not apply to you.

8.3 Limitation. TO THE FULLEST EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ANY CLAIM RELATING TO AN ORDER IS LIMITED TO THE AMOUNT YOU PAID FOR THAT ORDER, AND WE ARE NOT LIABLE FOR INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES. NOTHING IN THESE TERMS LIMITS LIABILITY FOR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE, FOR FRAUD, OR ANY OTHER LIABILITY THAT CANNOT BE LIMITED BY LAW.

8.4 Events beyond our control. We are not liable for delays or failures caused by events beyond our reasonable control, such as natural disasters, carrier or customs disruptions, strikes or government actions. In such cases your Order cancelling rights under section 4.4 still apply.

9. Website use and privacy

9.1 Use of the Website. You must not misuse the Website, interfere with its security, submit false information or use it for unlawful purposes. All Website content, trademarks and images belong to us or our licensors.

9.2 Privacy. We process personal information as described in our Privacy Policy on the Website. Accepting these Terms does not mean you consent to marketing communications; marketing choices are collected separately.

10. Governing law and disputes

10.1 Informal resolution. If you have a problem, please contact customer@olivieri1882.com first or check the FAQ session within the Website. Most issues can be resolved quickly this way.

10.2 Governing law. These Terms are governed by the laws of the State of Florida and applicable U.S. federal law, without regard to conflict-of-law rules.

10.3 Courts. Any dispute will be resolved by the state or federal courts located in Miami-Dade County, Florida. You may also bring an individual claim in small claims court in your county of residence if it qualifies.

10.4 Your mandatory rights. Nothing in these Terms deprives you of any consumer protection right under the laws of your state of residence that cannot be waived by contract.

11. General

11.1 Changes to these Terms. We may update these Terms. Updates take effect when published on the Website and apply only to Orders placed afterwards.

11.2 Severability. If any provision is found unenforceable, the rest of these Terms remains in effect.

11.3 Entire agreement. These Terms, the Order Confirmation, any promotion-specific conditions shown before purchase and our Privacy Policy form the entire agreement for your purchase. Promotion-specific conditions prevail only for the promotion they cover.

11.4 Contact. AUDAX 1882 LLC, 9701 NE 2nd Ave #1015, Miami Shores, FL 33138, USA. Email: customer@olivieri1882.com. Please note: this is not a returns address.