Terms and conditions
Effective from 12 June 2017 WHEREAS this website www.focacciaonline.com (hereinafter, the "Website") is owned by Be2Bit Ltd, with registered office at 1 Floor 2, Falzun Street, Birkirkara BKR 1441, MALTA with VAT number MT21599411, registered in the business register with number C 63153, and is created and managed directly by Be2Bit Ltd and allows Users (as defined below) to:
view the Products (as defined below), which can be purchased through the Website;
select the type of Product you intend to purchase;
use the home delivery service for the Products;
pay the amount due to the manufacturer for the purchase of the selected Products, according to the Service provided.
THE COMPANY, IN THE SCOPE OF ITS FAIRNESS AND TRANSPARENCY POLICY, INVITES EACH USER OF THE WEBSITE (Hereinafter, the "USER"), BEFORE STARTING NAVIGATION OF THE WEBSITE, TO CAREFULLY READ THESE TERMS AND CONDITIONS ( "T&C") THAT GOVERN THE SERVICES OFFERED THROUGH THE WEBSITE. IF YOU DO NOT INTEND TO ACCEPT THESE T & C's AND / OR ANY OTHER NOTICE, LEGAL NOTICE, DISCLAIMER OR LIMITATION OF LIABILITY STATEMENT PUBLISHED ON THE WEBSITE, PLEASE DO NOT USE THE WEBSITE OR ITS SERVICES.
1. Terms and conditions of use
These T & Cs define and regulate the general conditions of use of the Website and the Services provided to the User by Be2Bit Ltd, as identified above.
The use of the Website by each User is subject to the terms and conditions set out in these T & Cs, even if the User does not use any of the Services or features available on the Website.
For the purposes of this contract, the term "T&C" indicates the set of general rules for using the Website and the Services as well as the particular conditions governing the use of the individual Services, including any document referred to by it or any other note , legal notice, information or disclaimer published on the Website. The privacy policy (the "Privacy Policy"), the "Assistance" section and any additional conditions listed in the various sections of the Website are to be considered an integral and substantial part of the present T&C.
In these T & Cs, in addition to the terms defined elsewhere, the terms listed below will have the meanings attributed alongside each of them. In particular:
Website - means the website accessible at www.focacciaonline.com, but also all internet addresses (eg URLs, domain names and pages) and / or the relative application software for the use of the Services that the Company controls or manages and which are used to offer or provide the Services as well as all mirrors, replacements and backups and all web pages that the sites include.
For clarity, it is specified that any reference to the "Website" contained in these T&C includes all current or future versions of the focacciaonline.com website, as well as any mobile application through which the site or the Cortilia Services are accessed and this regardless of whether, in either case, access is via a currently existing platform or device or via a future platform or device (including, but not limited to, any mobile site, mobile application, affiliate or related site intended to provide access to the site or services of focacciaonline.com possibly developed over time).
Company - means Be2Bit Ltd, as identified above.
Service - means individually or collectively any service and all the functions associated with it offered on the Website both free of charge and for a fee and offered directly by the Company or by third parties with our contribution. The term "Service" includes, in the absence of specifications, the Website and all services, including paid services, functions, and characteristics that are offered within the Website and which are in any case made available to Users.
User - collectively means the Visitor User or Occasional User and in any case anyone who uses or is about to use or enjoy the Services and / or the Website.
Products - the products sold through the Website.
Manufacturers - are the producers (bakeries) and sellers of the products sold through the Website.
Transporter - transport company or freelancer delegated to transport the Products from the Manufacturer to the User.
2. Changes in the T&C
The Company reserves, as indicated below, the right to update, integrate and modify in whole or in part the terms of these T&C and each of the documents referred to by them, including the Privacy Policy, the Services and their respective characteristics, as well as , by way of example and not limited to, the fees for the use of the Services published therein.
The User undertakes to periodically review the T & Cs, it being understood that the Company will do everything reasonably necessary and appropriate to inform the User, through the Website itself, of any changes in the T & Cs and / or Services. .
Changes to the T & Cs and / or related Services will be effective from the time of publication on the Website and will apply only to sales concluded subsequently.
The Company will inform Users of changes to these T & Cs or to the functionality / limitations of the Services and / or the costs thereof by posting on the Website.
Changes and updates will be deemed accepted by Users by connecting to the Website or using the Website after the time the change has been published on the Website itself.
If the User does not agree with the changes made, he is invited not to use the Website.
3. Age and residence
The Website and the Services offered are intended for Users residing in the Italian territory who have reached the age of 18 (eighteenth).
The User who intends to subscribe to the Service by proceeding subsequently to the selection of the Services guarantees that he is of age, and that the personal data provided are true, correct, updated, referring to the person who inserts them or entered with the consent of the third party, assuming all responsibility in order to the correctness and truthfulness of the information provided. Should there be any changes in the data provided by the Users, it will be the responsibility of the latter to inform the Company of the updates as soon as possible.
4. Products
4.1. Offer to the public
All Products and prices indicated in the Services constitute an offer to the public with the limitations and methods contained in the Website itself and in these T&C.
4.2. Graphic layout
The illustrative photographs of the Products are merely representative and have the sole purpose of presenting the Products. Consequently, the Company declines all responsibility and does not provide any guarantee with reference to the correspondence of the graphics of the Products published on the Website and that of the Products delivered.
4.3. Products
The Products are sold in pieces of approximately 20x15 cm and although they maintain the correlation between weight and cost, the total weight of the products purchased on the Website may differ slightly in abundance or defect from the price expected and carried out locally by the producers at their respective businesses.
4.4. Prices
All prices include VAT. The cost of delivery and service management is included in the price of the Products, unless otherwise indicated.
5. Services
5.1. Purchase of Products
By connecting to the Website, the User will be able to view the contents of focacciaonline.com, select the products and / or preferred manufacturers for the purchase of the products and can make the purchase by filling in the appropriate section with the immediate debit of the expense. the purchase of the products will be concluded at the time of payment by paypal or other payment systems provided by the Website.
5.2. Purchase order
The purchase order completed by the User following the procedure indicated in paragraph 5.1 above will be binding for the Company only in the event that the entire order procedure has been completed regularly and correctly without any indication of error messages from part of the Website.
5.2.1. Confirmation of the purchase order
Upon completion of the operation, the User will receive an e-mail confirmation of the purchase with express indication of the summary of the order and its price, the delivery date and the general and particular conditions applicable to the order itself.
In case of temporary unavailability of the products, the user will receive via email the communication of the day on which the delivery could be carried out. If this term is not accepted by the user, the latter may withdraw by communication via e-mail and will receive a refund of the payment made.
5.3. Fee and payment methods
The payment method foreseen to proceed with the purchase of the order is through digital payment systems such as PAYPAL and or credit cards of the most renowned circuits such as Visa, Mastercard etc. through the payment system integration service of www.2checkout.com .
Once the order is confirmed, the User will be redirected to the PayPal or www.2checkout.com site where he can make the payment with his account or using a card, even prepaid, or in any case according to the methods accepted by Paypal and / or by managers of the respective cards and in compliance with the relevant conditions.
ATTENTION
By activating the Service, the User:
guarantees the availability of the sum necessary for the payment of the Products ordered through the Service;
expressly authorizes the Company or third parties authorized by it to keep the identification of the credit card on their systems in order to allow the User to repurchase the Services in an easier way;
expressly authorizes the Company to make the Service receipt / invoice available on the personal profile ("Invoice history" section) where it will be available for downloading the electronic document.
5.3.2. Billing
If the purchase is made by a professional, it will be necessary to request an invoice in advance by sending a specific request to the email address: focacciaonline@be2bit.com; the professional is expressly informed that, in the event of failure to request an invoice during the order, the relative receipt will be issued and it will no longer be possible to request an invoice subsequently.
6. Delivery of products
6.1. Delivery methods
The Company will arrange the delivery of the order to the address indicated by the User by means of selected professional Transporters, throughout the Italian peninsula within the working days specified on the sheet of each product and next to the button to add the product to the cart. of the order that the user intends to make.
Unless explicitly agreed in writing, the presence of the User or his / her representative at the address indicated in the order is required for delivery.
ATTENTION
In the islands (both major and minor) and for the disadvantaged areas at the moment the sale is not foreseen as it is complicated and it is not possible to deliver within 24 hours from the removal of the products.
6.2. Complaints
Upon delivery of the goods, the User, or the person appointed by the latter, will be required to verify that the packaging is intact, not damaged or otherwise altered. Any damage to the packaging and / or the Products must be immediately contested by the User, placing a written control reserve on the Transporter's delivery document and specifying the reason for the reserve (by way of example "Punched packaging", "Tampered packaging" ). For any anomalies found on the Products, other than those due to the physiological deterioration of food products or the mere imperfection of the packaging, the User may contact the Company at the e-mail address focacciaonline@be2bit.com specifying the defects found and documenting it with photographic material within 24 hours of delivery of the products.
6.3. Delivery failure
The User acknowledges and accepts that in case of impossibility of delivery of the Products due to his (or the person in charge of receiving the shopping) failure to be present at the time of delivery on the agreed day, the order and the relative amount cannot be credited back to the User.
6.4. Responsibility
The Company undertakes to execute the Services in good faith and to fulfill, or ensure that they are fulfilled, with the utmost diligence, all the obligations established herein in the spirit of solidarity and self-organization that characterizes and must characterize all activities and services offered and used by Users through the Website.
The Company will not be responsible for any delays occurring during transport. Likewise, the Company cannot be held responsible for any loss, damage, incorrect or non-delivery caused by events and / or causes of force majeure or unforeseeable circumstances, such as by way of example but not limited to: natural disasters, adverse weather conditions (such as for example heavy snow), any strikes (by its own or other employees), accidents to means of transport, explosions or any other cause, similar or different, occurring outside the control of the Company and not attributable to it, even pre-existing, which prevents or aggravates the 'total or partial execution of the contract.
7. Right of withdrawal
7.1. Cases of exclusion of the right of withdrawal
Pursuant to art. 59, paragraph 1, lett. d) and e) of Legislative Decree 6 September 2005, n. 206 (Consumer Code), the right of withdrawal is excluded in relation to:
Goods purchased by a non-consumer User and / or who requires an invoice;
Assets that are likely to deteriorate or expire rapidly;
Sealed goods which cannot be returned for hygienic reasons or related to health protection and which have been opened after delivery.
With reference to the cases of exclusion of the right of withdrawal listed above, the User, in particular, is informed and accepts that the Products that "risk deteriorating or expire rapidly" include all food products, as the characteristics and qualities of these types of Products are subject to alteration also as a result of inappropriate storage. Therefore, for hygienic reasons and for the protection of Users, the right of withdrawal is excluded for products purchased through the Website.
8. User Obligations
The User undertakes not to use the Website and / or related Services for illegal purposes or for purposes not contemplated in these T & Cs. The User may not use the Website or the related Services in a way that would damage or otherwise prejudice the Website or interfere with the use and enjoyment of the Website of the related Services by other Users.
9. Limitation of Liability
The Company undertakes to implement the rules relating to the Products exclusively up to the time of delivery at the place indicated by the User; any liability relating to the poor condition of the Products due to improper storage after delivery or at other delivery points authorized by the user is excluded.
The Company declines all responsibility for the information, data and any technical or other inaccuracies that may be contained on the Website.
Any disputes relating to the execution of the Service may be raised, under penalty of forfeiture, within 24 (twenty-four) hours following delivery by writing to focacciaonline@be2bit.com documenting the dispute also with photographic material.
The Company will not be liable for any damages deriving from the inaccessibility to the Services deriving from problems connected to the network, to the providers or to telephone and / or telematic connections over which it has no control, to the failure and / or faulty functioning of the electronic equipment of the 'User or the Company's suppliers.
The Company assumes no responsibility for content created or published on third party sites with which the Website has a hypertext link ("link"). The User who decides to visit a website connected to the Website does so at his own risk, assuming the responsibility of taking all necessary measures against viruses or other malware.
For each order placed, the manufacturer will issue a specific receipt / receipt or, upon request, an invoice, of the Products that will be inserted inside the package shipped. The data provided by the User at the time of the order will be included in the relevant invoice, it being understood that no changes will be possible following the issuance of the receipt / invoice itself.
10. Termination. Termination of services
The Company reserves the right to notify the User of the prohibition of access and use of the Website and the Services, or part thereof, at any time and with immediate effect, in the event of a breach by the User of the obligations to its load pursuant to the preceding Articles 7.3 (Consideration and payment methods) and 8.3 (Consideration and payment methods) and 12 (User obligations).
Access to the Website may also be temporarily interrupted in the event of technical problems or to ensure its maintenance. Such interruptions will be communicated if possible on the Website.
At any time, the Company may make improvements and / or changes to the Website and the Services if this is necessary for technical reasons or in order to comply with current legislation.
The Company also reserves the right to cease, in whole or in part, the provision of the Services at any time and with reasonable notice in order to allow Users to use the orders sent. In such cases, the Company will promptly notify Users by e-mail and, in general, by means of a notice on the Website.
11. Additional information. Suspension of services
In no case can the Company be held responsible for any fraudulent use of credit cards by third parties when paying for Products purchased on the Website.
12. Privacy Policy
The Company will process the Users' personal data in compliance with the privacy legislation as defined in detail in the information on the processing of personal data, Privacy Policy, available in the respective section of the Website.
13. Applicable law. Disputes
13.1. Applicable law
These T & Cs, including the documents referred to therein and the other legal notices published on the Website and in general the relations between the Company and the Users of the Website are governed by Italian law and must be interpreted in accordance with the same.
13.2. Further Disputes
Any disputes connected and connected to the use of the Website and the Services contemplated therein are reserved to the Italian jurisdiction and the mandatory and exclusive territorial jurisdiction of the consumer court.
Specific approval of the T&C pursuant to and for the purposes of Articles 1341 and 1342 cod. civ.
Pursuant to and for the purposes of Articles 1341-1342 cod. civ., the parties declare that they have read and understood, and therefore expressly approve the Articles: 2 (Variation of the T&C), 4 (Products), 5 (The Service), 6 (Delivery of Products), 7 (Right of Withdrawal) ), 8 (User Obligations), 9 (Limitations of Liability), 10 (Termination. Termination of Services), 11 (Additional Information. Suspension of Services) and 13 (Applicable Law. Disputes).
With the release of his / her definitive authorization to register, therefore, the User fully and explicitly approves, without any reservation, the aforementioned clauses and identified in part in the previous paragraph.