This Terms and Conditions Policy is applied to the sale of the sale of typical food Products, only with respect to purchases made on the site FOODANDO (www.foodando.com) in accordance with the provisions of Part III, Title III, Chapter I of the Consumer Code (Legislative Decree. n. 206/05 amended by Legislative Decree. n. 21/14 and Legislative Decree no. 70/03), by:
FOODANDO DI SCARAMUZZI DANIELE
Headquarter: VIA PADRE GUERINO N.8 – Santeramo in Colle (Bari, Italia)
Codice Fiscale: SCRDNL94A10I330Z
Certified mail address: FOODANDO@PEC.IT
The User, before to proceed with the browsing the site www.foodando.com, you should read these Terms and Conditions of Sale that are unequivocally accepted when you proceed with navigation and use of the services provided by this website. The User is encouraged to download and print a copy of the order form and these Terms and Conditions of Sale.
You can use the site and then access and buy the Products provided by the same site in the following languages:
FOODANDO: the term FOODANDO refers to the FOODANDO firm of SCARAMUZZI DANIELE, that is the subject that deals with the marketing of food Products, the management and organization of the home delivery of material goods, as well as any other service made available to ' internal Web site.
User: The term User identifies any individual who sails on the FOODANDO Web site and/or interact with online services accessible at the following address: http://www.foodando.com.
Registered User: the term Registered User refers to the User that provide personal data in order to obtain a User profile required to access the services provided by FOODANDO, available after registration.
Purchaser: the Purchaser is Registered User making online purchases of food Products available on the FOODANDO website.
Producer: the term Producer refers to the company that sells its Products via the FOODANDO Web site.
Product: the term Product refers to each of the food Products provided by Producers, sold through the website of FOODANDO.
Transporter: the term Transporter refers to the physical or legal subject that deals with the transport of the Products from the Producer to the Purchaser.
The present Terms and Conditions of Sale govern the offer of typical food Products, the definition, the acceptance and the conclusion of purchase orders of Products on FOODANDO and not governing, however, the supply or sale of produced by anyone other than the owner of this Web site that are present on the same site through links, banners or other hypertext links.
4. User registration
The registration on the website is a necessary condition for the User to be able to purchase Products available on FOODANDO website.
During the registration process, the User is obliged to follow the directions on the site and to provide personal information correct and true.
The Confirmation will exempt anyway FOODANDO from any responsibility for the data provided by the User. The User is obliged to promptly inform FOODANDO of any change in their data. In the case of incorrect or incomplete data provided by the User, as in the case where there is a dispute on the part of stakeholders about the payments, FOODANDO will have the right not to activate or to suspend the service until the resolution of the issues.
At the creation of a User profile, result of the completion of the registration procedure, will match the attribution to the User, by FOODANDO, of a Username and a password. These identification data (User name and password) are recognized by the User as system validation of the accesses at the services provided by FOODANDO; acts carried out by these accesses will be attributed to the same User and will have binding force against him.
The User is obliged to ensure the confidentiality of its data access to the website and not to disclose them to third parties.
5. Online purchase procedure of the Products
The Registered User, according to the postal code reported in the registration phase, can display on the shop online FOODANDO the Products that is possible to buy. In order to proceed with the purchase of self-interest Products, the Registered User must click on the "ADD TO CART" button for each Product you want to buy; these Products are added to your "shopping cart".
Once you have finished shopping, the Registered User by clicking on "Shopping cart" can view the Products added to your "shopping cart", their purchase prices and the overall cost of the goods (with appropriate indication of the shipment costs and / or management costs where present).
The Registered User can possibly change your "shopping cart", by removing Products (remove by checking the box at the reference Product and clicking on the button "Update shopping cart") or by adding new Products coming to the showcase of Products using the button "Continue shopping ".
Prior to submitting of the purchase module will be asked to confirm that you have read the Terms and Conditions of Sale including the disclosures on the right of withdrawal of the processing of personal data.
To continue with the purchase process you need to click "CHECKOUT". Following this action the Purchaser can view and complete the additional steps needed to complete the purchase process. For the payment of the amounts due, the Purchaser will be redirected to the Paypal site.
6. Conclusion of the purchase contract online
The contract is deemed concluded and binding for both parties when the Purchaser, after sending the order form to FOODANDO, receives, after verifying the correctness of the information contained therein, an order summary email of purchase made and/or views a Web page/document of confirmation and summary of the purchase order. It invites the Purchaser to print a copy of the above purchase information.
The Purchaser will be obliged to pay the price from the time when the online order transmission procedure is completed.
FOODANDO markets typical food Products, illustrated and detailed on shop.foodando.com; the photographs of Products featured on shop.foodando.com are merely illustrative. FOODANDO disclaims any liability with regard to what is shown in the picture and what is actually delivered.
As for variable weight Products (eg meat, cheese, fruits, vegetables), these are offered on the Web site in terms of measures and guaranteed minimum weights; in the event that the Purchaser shall purchase of one or more of these Products, FOODANDO applies the price calculated at the order, leaving out any price changes due to weight changes of the Products, prior or subsequent to the order purchasing.
8. Availability of Products
On the FOODANDO Web site, specifically on shop.foodando.com, are the different Products available for purchase.
The availability of each Product refers to that which is the amount made available by the Producer and viewable on the website, at the time when you place your order.
Following the successful conclusion of a purchase order, the Purchaser receives, as soon as possible, an order summary email of purchase made and/or views a Web page/document of confirmation and summary of the purchase order.
9. Promotions/gift cards
Any promotional activities and / or the offer of complimentary Products are valid within the time and in appropriately modality indicated on the Web site FOODANDO.
The price of each of the Products available on shop.foodando.com is the price indicated on the site; Product prices are updated and therefore are subject to periodic changes. All prices are offered to the public in accordance with art. 1336 c.c.
The prices of the Products offered on the website include VAT. The shipping costs and the operating costs of the service instead are not included in the price of the Products, unless specifically indicated.
11. Minimum order
The Purchaser will be able to finalize the purchase order only if the amount of not less than 25.00 euro, excluding shipping costs and / or management.
12. Mode of payment
Purchaser may make payment of the amount due to FOODANDO, for the purchase order executed, by:
● PayPal account
● credit cards; The credit cards accepted are: Carta Aura, Maestro, Discover, MasterCard, American Express, Visa.
In order to ensure security during online payments, transactions are carried out on the site of the operator of the payment services (ie PayPal), through secure servers.
13. Delivery of Products
FOODANDO, in general, performs shipments throughout Italy and other European countries indicated on the website; in particular, the types of Products that is possible to send, will depend on the domicile of the Purchaser.
Every registered user can view on the online shop of FOODANDO the different types of products available for purchase, according to postal code related to the delivery address entered at the time of registration on the website. The purchase of "fresh Products" is only possible for Purchasers whose delivery address falls within a radius of 100 km from head office of FOODANDO.
The delivery of the products, within a radius of 100 km from head office of FOODANDO, takes place with van owned by the above firm, in one of the possible dates that can be selected by the Buyer during the purchase process. Delivery will be made to the address indicated by the purchaser at the time of registration to the website of FOODANDO.
The delivery of the Products in the remaining Italian territory is by courier, within 4 working days from the date of the purchase order from the Purchaser. The Products are delivered to the address indicated by the Purchaser at the time of registration to the website of FOODANDO. The Purchaser will receive from FOODANDO, when available, the tracking number to track its shipment.
The delivery of Products outside the Italian territory is by courier, within 6 working days from the date of the purchase order from the Purchaser. The Purchaser will receive in any case from FOODANDO, when available, the tracking number to track its shipment. The Products are delivered to the address indicated by the Purchaser at the time of registration to the website of FOODANDO.
If FOODANDO can't meet the delivery date, will promptly inform the Purchaser by e-mail.
13.1. Missed delivery
The Purchaser acknowledges and agrees that if it is not possible to make delivery because of its (or person appointed by it) absence in the day of delivery, the Products purchased will not be reversed and its amount will not be credited back.
If the Purchaser wanted, can ask FOODANDO to re arrange the shipment of the Products not delivered. In this case, however, the shipping costs are fully borne by the Purchaser.
The Purchaser, or whom he commissioned, at the time of delivery, by the Transporter, of the Products purchased shall verify the presence of damage to the packaging and/or Products; if there are abnormalities, the Purchaser, or whom he commissioned, shall place a written reservation control on the delivery documentation of the Transporter, specifying the reasons for such a reserve. The Purchaser, or whom he commissioned, may eventually decide to refuse the neck, indicating the motivation on the consignment receipt provided by the Transporter.
If, following the acceptance of the neck with reserve, the Purchaser finds anomalies on one or more Products or in case of no matching Products ordered and what was received within 8 days of delivery, it shall communicate the anomaly in FOODANDO to the following email address: email@example.com or by registered post with acknowledgement of receipt to: FOODANDO di SCARAMUZZI DANIELE, Headquarter: VIA PADRE GUERINO N.8 – Santeramo in Colle (Bari, Italy).
In communicating the anomaly you must indicate the reference number of the purchase order and report timely description of the problem encountered (possibly accompanied by photographic material).
If the Purchaser does not act in the manner and within the time specified above, shall not be entitled to any refunds or replacements.
15. Limitations of liability
FOODANDO cannot be held responsible for possible inefficiencies due to events of force majeure that cause damage, loss, delay or non-delivery of orders. As an indication but not exhaustive, are due to force majeure: accidents in transportation, inclement weather, floods, earthquakes, fires, explosions, strikes (internal and/or external to the company), and any other similar cause beyond the control and not attributable to FOODANDO.
FOODANDO is committed to ensuring compliance with the regulations regarding the quality of the Products (including, where applicable, the rules on the cold chain) as long as the Products are delivered to the purchaser; following delivery, the risks related to the Products will pass to the Purchaser.
FOODANDO cannot be held responsible for possible inefficiencies due to malfunctions related to the Internet outside of its control.
FOODANDO cannot be held responsible for information and/or data provided by the Producers.
16. Duties of the User/Purchaser
The User, before using the services provided by FOODANDO, claims to have turned 18 years and agrees to accept this policy on terms and conditions of sale.
During the registration process, the User is obliged to follow the directions on the site and to provide personal information in a correct and truthful mode.
The User agrees to immediately notify FOODANDO of any change of your data at any time.
The User acknowledge that, by accessing the Web site using your user profile, acts done will be attributed to him and will have binding force against him.
The User has the responsibility to ensure the secrecy of his identification data to the website and not to trade them even temporarily to third parties.
The User has the responsibility to ensure the confidentiality of data access to the website and not giving it even temporarily to third parties.
The Purchaser must comply with procedures and deadlines, reported in this Terms and Conditions Policy, regarding the payment of the amount due to FOODANDO for purchased Products.
17. Termination of the contract of sale online
FOODANDO wishes to state that in case of non-compliance by the User (Registered or not) / Purchaser even of one of his obligations (see paragraph 16), subject to the right to sue for compensation of further damage, reserves the right to prevent the same user (Registered or not) / Purchaser access to the Web site and the use of its services.
18. Right of withdrawal
18.1. Exceptions to the right of withdrawal
In accordance with art. 59, paragraph 1, letters d) and e) of Legislative Decree No 206, 6 September 2005 (Code of Consumer), the right of withdrawal is excluded with regard to:
• The supply of goods which are liable to deteriorate or expire rapidly;
• Sealed goods that do not lend themselves to be returned for hygiene reasons or connected to health protection and were unsealed after delivery.
In this regard, the User/Purchaser is informed and accepts that constitute exceptions to right to return food Products sold on the site of FOODANDO which are among the goods referred to in the letters d) and e) subparagraph 1 article 59 of Legislative Decree 206/2005.
18.2. Right of withdrawal for the Purchaser
Pursuant to article 52 and following of Legislative Decree 206/2005, subject to the exceptions referred to in paragraph 18.1, the Purchaser is entitled to cancel the purchase without penalty and without giving any reason, within 14 days from the date of receipt of the Products.
In the event that the Purchaser make multiple purchases with one order and delivered separately, the term of 14 days shall run from the date of receipt of the final Product.
In the event of a Product composed of multiple parts but purchased as a unique Product, the right of withdrawal is available exclusively to the Product in its entirety. It is not possible to exercise the withdrawal of one or more parts.
The Purchaser who intends to exercise its right of withdrawal must give a notice to FOODANDO via explicit statement, which can be sent:
• by registered letter with acknowledgement of receipt to the following address: FOODANDO di SCARAMUZZI DANIELE headquarter: VIA PADRE GUERINO N.8 – Santeramo in Colle (Bari, Italy); or
• by sending an email to the following email address: firstname.lastname@example.org
The communication sent to FOODANDO should contain explicit declaration of will of withdrawal indicating the Product or Products subject to withdrawal, the purchase order number, Purchaser's name and address, telephone number and e-mail address of the Purchaser.
Following the communication by the Purchaser, FOODANDO will contact the Purchaser to provide instructions on how to proceed for the return of Products covered by the withdrawal.
The goods must be returned intact, in the original package, complete in all its parts and complete fiscal documentation attached. Without prejudice to the possibility to verify compliance with the above, the site will reimburse the amount of the Products covered by the withdrawal within a maximum period of 14 days, inclusive of shipping costs.
The site will refund using the same means of payment chosen by the Purchaser during purchase. FOODANDO reserves the right to temporarily suspend the payment of the refund until actual receipt of Products subject to withdrawal.
19. Transfer of risk
Risks related to the Products purchased shall pass to the Purchaser as a result of the delivery. The priority of the Products you consider gained just received full payment of all amounts due for the products purchased, including shipping charges, or upon delivery, if this were to happen later.
20. Data processing
Any request for information by the User/Purchaser can be sent by post to the address: FOODANDO di SCARAMUZZI DANIELE headquarter: VIA PADRE GUERINO, N. 8 – Santeramo in Colle (Bari, Italy), or by e-mail at e-mail address: email@example.com.
22. Changes of Terms and Conditions Policy
FOODANDO reserves the right to unilaterally change these Terms and Conditions of sale. The User agree to periodically review these terms and conditions of sale.
The changes to this Terms and Conditions Policy shall be effective upon posting on the website www.foodando.com; these changes will be effective for the sales after the publication of changes on the website.
23. Conflict management
Any conflicts related to contracts of sale concluded through the FOODANDO Web site are subject to Italian jurisdiction.
For conflicts between the parties involved in online sales contract, the territorial jurisdiction is the judge of the place of residence or domicile of the Purchaser, if situated on the territory of the State; If the place of residence or domicile of the Purchaser is outside the Italian territory, the territorial jurisdiction rests with the Hole in the place where is the delivery of the products purchased.