Terms of service
1.1Terms and conditions
The Website www.laspesadellanonna.it and www.laspesadellanonna.com, and all its mobile applications are owned by Srls"Grandma's expense"- Single-member Simplified Limited Liability Company (hereinafter referred to as"SDN"), with registered office in Rome, Via Andrea Millevoi n.503, tax code and VAT number 14074771008, registered in the office of Register of companies of Rome with n14074771008, for the sale of foodstuffs, drinks and preservesThe"laspesadellanonna.it"platform is designed, built and managed directly by SDN to facilitate the meeting between supply and demand for agri-food products and allows Users to:
- View the Products, present on the Website;
- Select the Products for purchase;
- Pay the amount of the selected and purchased products;
- Receive the products at home at no additional cost
Browsing the Website is accessible free of charge to all UsersTo purchase the products, prior registration is required
The Company, in compliance with the principles of correctness and transparency, invites Users to carefully read these General Conditions of use of the Site and the Services and the terms governing the Services offered, which must be previously accepted by those who want to use the Services. of the WebsiteIn fact, the use of the Services presupposes full knowledge and unconditional acceptance and observance of these General Conditions as well as all the laws, rules and regulations applicable to the use of the Service.
1.2Variation of the Conditions and Modifications of the service
SDN reserves the right to update, integrate, modify and/or cancel, in whole or in part, the Services, policies, these General Conditions of Use and the Terms of Service, at any time, to offer new products or services or to adapt them to legal and regulatory provisions
The changes will form an integral part of these ConditionsAny reference to the Website contained in these Terms includes all current or future versions of the Website
The User undertakes to periodically view the Conditions of Use, to verify any changes in the Conditions and/or Services, it being understood that the Company will do everything reasonably necessary and appropriate to bring them to the attention of the User, through the Site. Web itself
The changes will be effective from the moment of publication on the Website and will apply only to sales concluded subsequently, without retroactive effect, for which the User will be subject to the General Conditions of Use and the Terms in force from time to time at the time in which he will use services
Changes and updates are binding for Users and are considered accepted by Users who will connect to the Website or use the Website after the publication of the changes and updates, so that non-acceptance will make it impossible to use the Platform Services. laspesadellanonna.it
If any provision of the Conditions is deemed invalid, null or for any reason unenforceable, this will not affect the validity and effectiveness of the other provisions.
The terms used in these Conditions with the meaning attributed to each of them are listed below in alphabetical order:
- Account:Description of the personal data of the registered User
- PayPal:Site of the provider where the payment of the purchased products is made
- Profile:Registered User Account
- Products:The set of food products on the Site and intended for sale
- Producers:Companies, artisans, agricultural producers, consortia that supply the products for the"CART"
- Registration:Procedure followed by the User who wants to purchase the products and use the services, consists in the creation of a personal account
laspesadellanonna.it:E-Commerce platform of the company “La ricerca della Nonna” SrlsUnipersonale
- Service/Services:Services and related functions offered by the Website to Users
- Web Site/Site:The Site www.laspesadellanonna.it and www.laspesadellanonna.com, both in the current and future version and the connected Internet addresses as well as any mobile application through which the Site can be accessed for the use of the services offered, backups, web pages and sites linked to laspesadellanonna.it
- Company/SDN/SDN Company:Srls“La Spesa della Nonna” - Simplified Unipersonale Limited Liability Company
- T&C:General Terms and Conditions of use of the Site and Services
- Transporter:Transport company or freelancer that carries out the transport service of the products to the User's home, place of delivery
- Username and Password:“Username” is the user's name;"Password"is the word chosen by the User by mixing letters and numbers (alphanumeric) which constitutes his secret word to access the Site
- Registered User:User who has registered to use the Services offered by the Site (including booking and purchase of products)
- Visitor User:User who browses the Website and/or uses the features and/or Services made available free of charge for the generality of visiting users
1.4Rights of SDN on the platform
All content, graphics and text, present or made available through the Website Services such as - by way of example and not limited to - the platform logo and other logos, buttons, icons, images, audio files, digital downloads, data collections and software, directories, are owned by SDN and are protected by Italian laws on copyright and database rights
The logo, graphic material, page settings, icon buttons, fonts and anything else present in any of the Website Services are also trademarks and distinctive signs of SDN.SDN's trademarks and distinctive signs cannot be used in reference to products or services that are not attributable to laspesadellanonna.it, or in order to generate confusion or to denigrate or discredit laspesadellanonna.itIt is not allowed to extract and/or use any part of any laspesadellanonna.it Service (data mining, robots or similar acquisition or extraction devices) nor to create and/or publish a database that reproduces substantial parts (egprices and product lists) of the laspesadellanonna.it Services without the express written consent of SDN.
SECTION 2 ^ - ACCESS AND REGISTRATION
The Services offered by laspesadellanonna.it are intended for Users residing in the Italian territory and who have reached the age of 18; therefore access is allowed only to adults
The products, even if intended for minors, can only be purchased by adults
The User who proceeds with the Registration and guarantees to be of age and that the personal data provided are true, correct, updated and referred to the person who entered them, assumes all responsibility for the correctness and truthfulness of the information and data provided. .
2.2Registration on the Website
The user who wants to use the services for booking and purchasing the products of the laspesadellanonna.it platform, is required to register by providing a valid personal e-mail address and creating his own personal account, following the registration procedure, described in the appropriate section. of the Site
By registering, the User has the right to purchase the Products from those present on laspesadellanonna.it
The Registered User may at any time access their Profile to update or modify the data entered and will be solely responsible for the truthfulness of the updated or modified data.
In the event that the User, after starting the Registration procedure, does not complete it, he/she may receive a communication to be helped to complete the procedure, it being understood that the User has the right to delete their data and their Profile from the Website at any time, in the manner set out in these T & Cs
By registering, the User fully and explicitly approves, without any reservation, these T&C, specific approval pursuant to and for the purposes of Articles1341 and 1342 codciv.
The Registered User undertakes to provide a personal e-mail address, which he guarantees to have legitimately and to which he regularly accesses and also undertakes to update his e-mail address in the event of a change.
Communication by e-mail is communication in electronic formThe User sends communications to SDN in electronic form and agrees to receive communications from SDN in electronic form and acknowledges that all notifications, information and other communications provided in electronic form by SDN for the purposes of this contract, satisfy the requirement of written form, when required by law
Profiles registered with e-mail addresses belonging to subjects other than the Registered User or with temporary e-mail addresses, may be deleted by SDN without notice, where it has reason to believe that the e-mail addresses provided are invalid.
2.4Deletion of the Profile by the user
At any time, the User may delete his Profile from the Website by writing to info@Laspesadellanonna.it with the subject"Request for cancellation".
SECTION 3 ^ - SERVICES AND PRODUCTS
The laspesadellanonna.it digital platform allows Registered Users to:
- View the Products, present on the Website;
- Select the Products for purchase;
- Pay the amount of the selected and purchased products;
- Receive the products at home at no additional cost
The mere registration to the Site by the User gives the right to use the booking and purchase services of the products, without prejudice to the right reserved to SDN to limit these services based on the provisions set out in these T&C.
All Products and prices indicated on the laspesadellanonna.it platform constitute an offer to the public with the limitations and methods contained in the Website and in these T&C.
3.3Presentation of products
The illustrative photographs of the Products are merely representative and have the sole purpose of presenting the ProductsThe 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 with that of the Products delivered.
3.4Variable weight products
Variable weight products (egfruit, vegetables, meat, delicatessen products and cheeses) are offered on the Website in guaranteed minimum sizes and weights.
3.5Users of the Services
SDN identifies the following categories of Users as Users of laspesadellanonna.it Services:
a) Sellers:are the subjects that operate in the agri-food sector (farms, craft workshops, agricultural producers, consortia, etc.) and who offer the products of the platform
b) Buyers:are the subjects - natural persons or legal persons - who purchase the products of the platform
Upon registration, the User undertakes to comply with the obligations relating to each category, as specified below.
3.6Obligations for sellers
The term"SELLERS"means the category of subjects defined above
The Seller, who sells the products on the laspesadellanonna.it platform, expressly declares to have read, understood and accepted these T&C, as well as the conditions relating to Privacy.
The Manufacturer/Seller undertakes:
- to cultivate/produce healthy and excellent products, made with quality raw materials and natural techniques and to guarantee the quality and genuineness standards preparatory to admission to the platform;
- to fill in the"product sheet"for each product selected and entered on the platform;
- to use the diligence and timing necessary for the efficiency of the service and in compliance with the quality and image of the"brand"laspesadellanonna.it
The Seller undertakes not to disturb, directly or through third parties, the Service in any way, as well as, with regard to the content of its offers, to comply with all the provisions of the laws in force, with particular reference to the principle of contractual good faith and loyalty.
The Seller who has and/or uses any digital channel for the sale of his own products online, even of his own (company e-commerce), undertakes to align the price of his products with those of the laspesadellanonna.it platform, in order to to make SDN's marketing action more effective and protect its image
The Seller undertakes, under penalty of immediate exclusion from the platform and consequent interruption of the Services, not to contact the Buyers of the laspesadellanonna.it platform by any means for commercial purposes.
The Seller assumes all responsibility for the product it sells and for the commercial information it provides to the SDN team for publication on the laspesadellanonna.it platform.
SDN cannot in any way be held responsible for the illicit, illegitimate, mendacious or inaccurate content of the offers, undertaking the Seller to indemnify and hold harmless SDN from any request in this regard.
SDN is not liable in any way for any damage or loss of earnings caused to the Seller or to third parties.
3.7Obligations for Buyers
The term"BUYERS"means the category of persons defined above
The Buyer may purchase the products of the laspesadellanonna.it platform after completing the registration procedure, with which he expressly declares to have read, understood and accepted these T & Cs, as well as the conditions relating to Privacy
The Buyer has the right to communicate any successful transaction and any opinions on the counterparty to be submitted in the form of an Evaluation on the service
The Buyer undertakes not to disturb the Service in any way, directly or through third parties, and is responsible for the content of its messages, and in general for all interactions with the Site or with other Users, which must be carried out in compliance with all current legal provisions and these T&C
SDN cannot in any way be held responsible for the illicit, illegitimate, mendacious or inaccurate content of the buyers' requests and their messages and interactions with the Site or with other users, committing the Buyer to indemnify and hold harmless SDN from any request in this regard.
SDN is not liable in any way for any damage or loss of earnings caused to the Buyer or to third parties.
SECTION 4 - PURCHASES AND PAYMENTS
4.1Purchase of products
The User, who wants to purchase the products, must select the boxes (baskets) or the individual products by adding them to the"cart"
After shopping, by clicking on"Cart", you will proceed with the bookingUntil the time of booking, the User can add or delete the selected Products, and, once the choice is complete, he/she will have to click on the appropriate button to start the payment.
In the payment section, the User must confirm their data, in order to allow SDN to provide the Service and the delivery of the goods, and must complete the purchase order with payment using one of the available methods.In this same section, if applicable, the discount for any promotional offers will be calculated
The amount will be debited to the Buyer only after the acceptance of the purchase order by SDN, which will verify the purchase order and the availability of the Products.
The purchase order will be binding for the Company only when the entire order procedure has been completed correctly, without any error messages being highlighted by the Website.
After the acceptance of the order by SDN, the User will not be able to revoke the purchase order or revoke the consent to the execution of the transaction.The User will receive confirmation by e-mail of the purchase with an express indication of the summary of the Products ordered and their prices, as well as the delivery date.
SDN may delay, suspend or reject a transaction, at any time, or suspend an Account, in the event that it detects or has founded suspicion that an unauthorized, fraudulent transaction or use of the Account is taking place, contrary to these T & Cs or suspects, taking into account anti-fraud checks.
All the prices of the products on the platform are to be considered all-inclusive (VAT, cost of delivery and service management) and indicate the amount that the Buyer must pay for the purchase of the products and the delivery at his home without further or several additional costs
The Company will only apply the price indicated at the time of the order, without any consideration of price increases or decreases, which may have occurred after the purchase.
4.3Payment of the Products purchased
To pay for the Products purchased, the Registered User will select the circuit from those available on the Website:
• AMERICAN EXPRESS
• AURA CARD
Once the order is confirmed, the Registered User will be directed to the PayPal 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 in compliance with the relative conditions.
The sum of money relating to the completed transaction will be released to the Manufacturer/Seller - net of the commissions and charges applicable for the Services, as defined and agreed with the Seller - AFTER 2 (two) days from receipt of the goods. by the Buyer, according to the terms illustrated in these T & Cs and in compliance with and within the limits of the handling of complaints referred to in the appropriate section.
4.4Transaction processing errors
In the event of errors in the processing of a transaction, the User authorizes SDN to correct such errors, provided that this is done in accordance with applicable laws and regulations.
For each order placed on laspesadellanonna.it, the Manufacturer/Seller will issue a specific receipt or invoice, the latter if requested, of the Products shipped which will be sent to the Registered User by e-mail (pursuant to and for the purposes of art.14 DPR445/00 and of DLgs 52/2004)The data provided by the Registered User at the time of the order will be included in the relevant receipt/invoice, it being understood that no changes will be possible after the receipt/invoice has been issued.
The registered User is responsible for the correct insertion of billing data and is expressly informed that, in case of failure to request the invoice during the order, it will not be possible to request it later.
SECTION 5 - SHIPPING AND DELIVERIES
5.1Shipping and delivery services
Once the purchase order has been completed, the Manufacturer/Seller will prepare the packaging of the product or products (box) and the waybill for the Courier
The latter will collect the goods at the address indicated by the Manufacturer/Seller and deliver them to the Buyer at the address specified during the purchase.
There may be delays in the collection of the goods by the courier at the addresses indicated by the Manufacturer/Seller, if located in extra-urban, rural or poorly served areas.
Shipping services will be carried out by professional transporters (egDHL) who will deliver the goods to the Buyer in 12/48 hours throughout ItalyDelivery times of 12/48 hours are to be considered non-binding, therefore they may exceed 12/48 hours
Unless otherwise agreed, the Buyer or his representative must be present at the address specified in the purchase order for delivery.
The delivery service is guaranteed only for homes that can be reached by the means provided to the transporter (in general, homes that can only be reached via dirt roads or pedestrian only are excluded)
In case of delay in the acceptance of the order by the Manufacturer/Seller, the support team of laspesadellanonna.it will try via SMS, E-mail, Notifications and Telephone to contact the Manufacturer/Seller for order acceptance.In the event that the Manufacturer/Seller should be untraceable or should declare that they do not have the goods in stock ready for shipment, the laspesadellanonna.it support team will contact the Buyer to propose a similar product as an alternative or, ultimately, will reimburse the Buyer for the entire amount paid
The Buyer may at any time request information on the progress of the shipment through the contact details indicated on the Website
Upon delivery of the goods, the Buyer (or the person appointed by him) will be required to verify that the packaging is intact, not damaged or otherwise altered, in which case the Buyer will accept with reserve, affixing, on the delivery document of the Transporter, the wording"with reserve"
Then the Buyer, within 24 hours following delivery, must report the event that occurred, specifying the reason for the reserve and the anomalies found in the packaging (eg"Packing with holes","Packaging tampered with")
Similarly, the Buyer, always within 24 hours after delivery, may report any other and different anomalies and propose a complaint according to the procedures set out in these T&C in the"complaints"section
The Producer/Seller undertakes to implement the rules relating to the cold chain (where necessary, such as for meat) using thermal boxes at a controlled temperature and to diligently comply with the quality and conservation standards relating to the Products, exclusively up to the moment. of delivery to the place indicated by the Buyer
Any liability relating to the poor condition of the Products due to improper storage subsequent to the time of delivery to the Buyer is excluded.
SECTION 6 - COMPLAINTS AND REFUNDS
The Buyer, within 2 (two) days of receiving the goods, has the right to report any anomalies found in the packaging (eg"Packing with holes","Packing tampered with") if it has accepted with reserve or other possible and different anomalies and/or defects and/or problems (egpartial delivery of the ordered products, damaged product, delays in delivery in the event that the goods arrive beyond 48 hours or the time indicated at the time of completion of the purchase - which in any case is never considered as peremptory and/or essential) by initiating a complaint or refund procedure or request to send similar products in replacement, according to the procedures set out in these T&C
The Buyer will fill in the complaint form which can be downloaded from the websitecomplaint and will send it to the address info@Laspesadellanonna.itSDN, through its internal team, will evaluate complaints and any refund procedures and will reply to the Buyer within 30 days
In the absence of complaints after two days of delivery, SDN will consider the transaction concluded positively and will pay the sum of money relating to the transaction to the Manufacturer/Seller, net of the applicable commissions and charges due for the service to SDN.
6.2Management of complaints and refunds
SDN, through its internal team, will assess the validity of complaints or refund requests, also using additional material requested from counterparties, and will reimburse the Buyer only if the following conditions are met:
1) Obvious and objective discrepancies between the goods advertised on the laspesadellanonna.it website and the goods received by the Buyer (eg:errors in the type of product with respect to the purchase order, errors in the information on the quantity);
2) Goods damaged during transport with non-compliant packaging for which the buyer has expressed a"Reserve"to the shipper at the time of delivery;
3) Product flaws or defects, appropriately documented also with photographic material
Orders reimbursed based on the investigation conducted exclusively by SDN, will be charged to the managerTherefore in the presence of orders reimbursed for liability attributable to the Manufacturer/Seller:
- SDN will reimburse the Buyer totally or partially (according to specific cases) for the sums paid;
- Calculate the sums to be paid to the Seller net of the reimbursed sums and the commission and transport costs;
- If the sums net of commission and transport costs and the reimbursement value are negative, SDN will be able to offset these sums due by the Seller with the sums due to the Seller for other orders registered on the platform;
- In the event that there are no other transactions and therefore other sums owed by SDN to the Seller with which to offset the sums owed by the Seller to SDN, the Seller is required to make a regular transfer at the request of SDN with a regular invoice
A similar procedure, with the necessary adaptations to the conditions of the contract, will be followed by SDN towards the Carrier, in the event that the refund to the Buyer is due for the Carrier's responsibility.
For other types of complaint (for example in the event of a dispute regarding transactions carried out by credit card - or any complaints of"cloning"of the same), SDN will limit itself to forwarding the credit card to the company issuing the credit card and the dispute will be managed directly between the parties, according to the general conditions of the service, and in any case according to the applicable laws
In the event of a refund request, SDN may at any time request collection of the goods at the Buyer's addresses
In any case, SDN will be liable for any damage, loss and/or breakdown or theft of the goods within the limits of their value, with the exclusion of any indirect damage and/or loss of earnings and/or other causes.
a) The Registered User acknowledges and accepts that in case of impossibility of delivery of the Products due to his absence (or of the person in charge of receiving the goods) at the time of delivery on the agreed day, the Products will not be canceled from the order. and the relative amount will not be re-credited to the User
b) In order to guarantee the maximum freshness linked to the seasonality of the Products and to the variability of production depending on atmospheric conditions (drought, heavy rains, snowfalls, frosts), the Registered User acknowledges and accepts that, sporadically, they may not be delivered all the Products indicated in the purchase order
c) the Registered User acknowledges and accepts that, due to unforeseen and unforeseeable events, all the Products indicated in the purchase order may sporadically not be delivered
In the cases referred to in letters b) and c), SDN will refund the Buyer the amounts relating to the Products ordered and not delivered.
SDN 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.
SDN will not be responsible for any delays occurring during transport, likewise it 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 intense snowfalls, strikes, accidents to means of transport, explosions or any other cause, similar or different, occurring outside the control of the Company and not attributable to the same, even pre-existing, which prevents or aggravates the execution total or partial of these T & Cs
This provision does not affect the Purchaser's rights deriving from the law and these T & Cs and in particular his right to receive the purchased products within a reasonable time or to be reimbursed in the event of non-delivery due to circumstances arising from unforeseeable circumstances or for reasons of force majeure or due to anomalous and unforeseeable circumstances.
6.5Exclusion of the right of withdrawal
Pursuant to art59, paragraph 1, lettd) and e) of Legislative DecreeLgs206/2005 (Consumer Code), the right of withdrawal (return of purchased goods) is excluded in relation to:
- assets that risk deteriorating or expiring 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 above cases of exclusion, the User is informed and accepts that the Products that"risk deteriorating or expiring rapidly"include all agri-food products, negotiated through the Site, as the characteristics and qualities of these types of Products are subject to alteration also as a result of inappropriate storage, and that this condition excludes the applicability of the right of withdrawal.
SECTION 7 - OBLIGATIONS AND LIMITATIONS OF LIABILITY
The User undertakes to use the Website and/or related Services appropriately, in compliance with the provisions of the law and regulations, and with these T & Cs, conforming his behavior to the principles of correctness, good faith, loyalty and good use of network services
The User who uses the laspesadellanonna.it Services undertakes to take all necessary precautions to ensure that his password remains secure and confidential and accepts, within the limits permitted by the applicable legal provisions, to be held responsible for all activities that will be made with your account and passwordIt also undertakes to promptly inform the laspesadellanonna.it team at info@Laspesadellanonna.it, in the event that it has reason to believe that a third party is aware of its password, or that its password has been used. or is about to be used in an unauthorized mannerThe User is required to verify that the data provided is correct and complete and to communicate any changes to the information provided
Registered Users are allowed to submit suggestions, ideas, comments, questions or other information, as long as the content:- is not illegal (or obscene, intimidating, defamatory, deplorable or in any other way offensive to laspesadellanonna.it and/or third parties) ; - does not violate privacy and intellectual property rights; - does not contain viruses, political propaganda, commercial solicitations, or any other form of a promotional natureSDN reserves the right to remove or modify such content.
The User undertakes not to use the Website and/or related Services for illegal purposes or for purposes not contemplated in these T&C or in order to damage or otherwise prejudice the Website or interfere with the use and enjoyment of the Website and the Related services by other Users or in such a way as to cause, or be able to cause, interruptions, damage or malfunctions to the Services and its functions, or for fraudulent purposes, or to cause disturbance or prejudice or, in any case, for illegal activities
In particular, it undertakes not to:
- Provide false, incorrect or misleading information (including any registration data);
- Duplicate and/or create accounts other than your own, making them payable to fictitious or other people's names;
- Using a fake e-mail address, pretending to be another person;
- Engage in fraudulent or illegal conduct (unauthorized or fraudulent use of your Account or the payment data associated with your Account, including your Credentials);
- Circumvent the measures that have been adopted by SDN to prevent or limit access to the site;
- Violate the laws in force or these T & Cs, or simulate purchase negotiations and/or hold unfair commercial conduct;
- Spread computer viruses or other technologies capable of damaging the Site or its Users;
- Carry out actions that could cause an unreasonable overload of the technological infrastructures and that could interfere with the correct use of the Site;
- Copy, reproduce, alter, modify or disseminate the published content
The user assumes full and exclusive responsibility towards SDN and third parties
SDN, in case of violation of the obligations referred to in these T&C or of the applicable legal provisions, reserves the right to prevent access to the Site and/or the Services, to suspend or close the account, to remove the contents from the Site
If the user believes that a content, or a sales advertisement published on the Site or used as part of the laspesadellanonna.it Services, contains a defamatory statement or that one of his intellectual property rights has been violated by an article or information present on the Site or used in the laspesadellanonna.it Services, you can send an e-mail to firstname.lastname@example.orgSDN will verify the report and, if it emerges, after verification, the validity of the same, it will promptly eliminate any possible violation against Users or third parties.
7.2Obligations of the Company and Limitations of Liability
SDN carefully selects the Companies that can register on the Site and reserves the right not to accept the registration of Companies or legal entities that do not respect certain criteria of product quality and honesty and commercial transparency.SDN's judgment regarding the selection of companies is final
SDN will do its best to ensure that access to the laspesadellanonna.it Services is provided without interruption and that transmissions take place without errors; however, due to the nature of the Internet, uninterrupted access and the absence of transmission errors cannot be guaranteedFurthermore, access to laspesadellanonna.it Services may also be occasionally suspended or limited to allow for repairs, maintenance, or the introduction of new activities or services.However, attempts will be made to limit the frequency and duration of these suspensions and limitations
SDN, as the owner and supplier of an electronic commerce platform, facilitates transactions between the parties and limits itself to providing information on the products offered by the Producers/Sellers through the Services of the laspesadellanonna.it platform, but the figure of SDN, in the management of the platform, is not comparable to that of an agent or that of a distributor and therefore SDN does not act in the name and on behalf of any entity, company, person and is not directly involved in transactions between Buyer and SellerTherefore, although it carefully selects the Sellers, SDN has no control over the quality of the products, safety, morality or legality, the veracity of the contents exchanged and/or published by users on the platform.SDN, therefore, is not responsible for the accuracy of the information, descriptions, recommendations available through its Services and also does not guarantee the successful outcome of the negotiations.
SDN disclaims any liability for loss or damage arising from or connected to the Services or Products purchased or to transactions entered into through the Service, subject to the provisions of these T & Cs and within the limits established by applicable law.In no case will SDN's liability exceed the amount of the commissions obtained in relation to the use of the service in the three months immediately preceding the event that gave rise to the request for compensation.
Without prejudice to the foregoing, in no case can SDN be held liable to the User for delays or failures in the performance of the obligations set out in these T&C, if such failure or delay derives from unforeseeable circumstances or due to force majeure or is due anomalous and unforeseeable circumstances, beyond SDN's control and the consequences of which could not have been avoided, despite all reasonable efforts to prevent them, or in cases where one is bound by other obligations under applicable law
This provision does not affect the user's rights deriving from the law and these T&C and in particular his right to receive the purchased products within a reasonable time or to be reimbursed in the event of non-delivery due to circumstances arising from unforeseeable circumstances or for causes. force majeure or due to anomalous and unforeseeable circumstances or due to legal constraints
SDN will not be liable for any damages deriving from the inaccessibility to the Services due to 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 User's electronic equipment. or platform providersThe User assumes all responsibility for any damage that may derive to his computer system from the use of the Service
By using the Service, with prior consent for the purposes of Privacy, the User may receive advertising material from third parties whose origin and content SDN is completely unrelated to and for which it assumes no responsibility
The Company assumes no responsibility for content created or published on third party sites with which the Website has a hyperlink ("link")The User who decides to visit an Internet site connected to the Website does so at his own risk, assuming the burden of taking all necessary measures against viruses or other malware.
The User is aware of the fact that SDN has no control or obligation with respect to which users access the laspesadellanonna.it Services, what content they access through the laspesadellanonna.it Services, and what effect the content may have on the user; how it might interpret or use the content, what actions it might take as a result of exposing the contentBy accepting these General Conditions of Use, the user releases SDN from all responsibilities related to the acquisition of the content accessible through the laspesadellanonna.it Services.
SECTION 8 - WITHDRAWAL AND TERMINATION
8.1Effectiveness of the contract
This Agreement is effective from the date on which the User registers on the Website to use the laspesadellanonna.it platform and until it is terminated in accordance with the provisions of these T&C.
8.2Withdrawal by the user
The User can withdraw from this Agreement at any time by closing his Account, in the manner set out in these T & CsUpon termination of your Account, any pending transactions will be canceled.
8.3Suspension or terminationTermination of services
Access to the Website may be temporarily interrupted in the event of technical problems or to ensure its maintenance or to 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.Such interruptions will be communicated if possible on the Website
Without prejudice to the foregoing, the Company reserves the right to suspend the Service and prevent the User's access to his Account, in the event of non-fulfillment or serious violation of one of the obligations contained in these T&C - by informing him before this happens or to later just after, except in cases where such communication could compromise the security measures or is prohibited by applicable law - as well as to refuse any and all future requests for use of the Services by the User and in any case, to take the appropriate judicial initiatives both in civil and criminal matters to protect their rights and the rights of third parties
In these cases, the contract will be considered terminated by law pursuant to art1456 of the Italian Civil Codewithout any possibility of reimbursement or indemnity
The termination of the contract entails the immediate prohibition of access to the Site and the cancellation of all User data, including the cancellation of orders in progress; however, the User's responsibility remains for the payment obligations accrued up to the date of terminationFailure by SDN to exercise the right to act against the User, in the event of its non-fulfillment of these T & Cs, does not represent a waiver of action
The SDN Company 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 Registered Users, and Users in general, by means of a notice on the WebsiteIn this case, the Contract will be considered terminated without any right of indemnity or reimbursement by any of the parties.
8.4Effectiveness of Resolution
In the event of termination of this Agreement for any reason, all rights and obligations arising from these T&C will cease with immediate effect.
SDN cannot be held liable to the User for any damages of any kind, direct or indirect, including damages for the loss of possible profits or for expenses, investments or obligations related to the termination.
SECTION 9 - ADDITIONAL INFORMATION
The Company reserves the right to request additional information from the User or to send copies of documents proving ownership of the credit card used.
The Company reserves the right not to accept the purchase order and/or to terminate the obligations arising from these T&C with immediate effect in accordance with the provisions of Article 8.3 above.(Suspension or terminationTermination of services) in the event that the User does not provide information and/or copies of documents demonstrating ownership of the card used to pay for the Products ordered
Notwithstanding the foregoing, the Company will also have the right to suspend the Service in whole or in part, in accordance with the provisions of Article 8.3 above.(Suspension or terminationTermination of services), in case of unavailability of the amounts necessary for the purchase of the ordered Products
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.
SECTION 11 - APPLICABLE LAWDISPUTES.
These T&C, as well as the documents referred to and published on the Website and in general the relationships connected and connected to the use of the Website and the Services contemplated therein, are governed by Italian law and must be interpreted in accordance with the same.
11.2Out-of-court settlement of disputes
SDN undertakes to seek amicably the settlement of any disputes in the application and interpretation of these T & Cs and/or the relationships connected and connected to the use of the Website and the Services contemplated therein and favors the out-of-court solution of disputes pursuant to 'article 14 of EU Regulation no524/2013
These are voluntary out-of-court settlement procedures for the resolution, also electronically, of disputes, entrusted to specific dispute resolution bodies called ODR (Online Dispute Regulation)
These new alternative dispute resolution bodies are therefore assigned the task of managing the procedure, making a proposal to settle the dispute in order to facilitate an amicable solution.
The procedures, managed by the aforementioned bodies, are free, or in any case they may include costs defined as"minimum"and conform to the fundamental principles of independence, impartiality, transparency, effectiveness, speed, fairnessThe maximum duration of the procedure is set at sixty days from the start of the procedure
The procedure can be started if the Registered User, after submitting a complaint, according to the procedures set out in these T&C, has not received a reply within the term of 30 days or has received a reply that he considers unsatisfactory.
The Registered User can use the"ODR Platform"(Online Dispute Regulation), by clicking on the following banner:
http://www.consorzionetcomm.it where under"consumer space"-"joint conciliation"you will find the conciliation application form and the Regulations
The request for joint conciliation must be sent to Netcomm by e-mail at email@example.com or by fax to no.02 87181126
Participation in the procedure does not preclude the possibility of having recourse to the ordinary judicial procedure.
Any disputes arising from the application and interpretation of this Agreement and the documents referred to and in general from the relationships connected and connected to the use of the Website and the Services contemplated therein, which cannot be resolved through the out-of-court procedure referred to in point 11.2, are reserved to the Italian jurisdiction and the exclusive territorial jurisdiction of the Court of Rome
With the authorization to register, the User fully and explicitly approves, without any reservation, these T&C, specific approval pursuant to and for the purposes of Articles1341 and 1342 codciv.