1. These General Conditions (hereinafter, "GC") regulate the contractual relationship between Valtorta S.r.l. with registered office in Milan, via dei Valtorta, VAT number 07930450965, in the person of the legal representative pro tempore Mr. ... (hereinafter, the "Company"), which has conceived and is the owner of an online platform and a website referred to at https://www.mammafarina.com/it/ (hereinafter, the "Site") aimed at offering services (hereinafter, the "Services") that allow the user (hereinafter, the "User ") to:
a) book a table in one of the "Mamma Farina" physical stores (hereinafter, the "Point of Sale");
b) book a takeaway meal, which must be collected by the User himself at the Point of Sale;
c) purchase the food products (hereinafter, the "Products") available on the platform, which must be collected by the User himself at the Point of Sale.
The User will be able to take advantage of the Services choosing one of the following Point of Sale:
▪ VALTORTA: Via dei Valtorta 44, 20127 – Milano, email@example.com;
▪ RIPAMONTI: Via Giuseppe Ripamonti 94, 20131 – Milano, firstname.lastname@example.org;
▪ TOLSTOJ: Via Giovanni Gioacchino Winckelmann 1, 20146 – Milano, email@example.com;
▪ IMBONATI: Via Carlo Imbonati 22, 20159 – Milano, firstname.lastname@example.org.
2. The GC govern and regulate the use of the Site by the User, cancel any previous provision between the Parties not expressly mentioned or attached and constitute the set of rights and obligations of the Company and the User. The GC will be effective starting from the acceptance of the GC themselves through the purchase of the Products and / or use of the Services by the User and until the withdrawal or termination by one of the Parties in the manner established below by the GC.
3. The mere use of the Site is free of charge and allows the User to book and / or purchase the Services. The Site and the presentations of the Services may contain and / or possibly be accompanied by trademarks, information, text, photos, graphics and other material (hereinafter, the "Materials") owned by third parties.
4. In addition to the terms and words defined elsewhere in the GC, for the purposes of the GCs the following are defined:
- "Causes of Force Majeure" by way of example and without any limiting intent, causes of force majeure pursuant to and for the effects of the GC are considered: lockouts, strikes, epidemics or any other event that is outside the reasonable sphere of control of the Company that prevents the full and correct fulfillment of the obligations envisaged by the GC for the same.
CONCLUSION OF THE GC
5. The User, by pressing the "Book Table" and/or "Complete the order" button when purchasing the Services or, in any case, using the site, declares to have read and expressly provided for the GC. If the User does not intend to accept even one of the terms and conditions of the GC, he is invited to refrain from using the Site and purchasing the Services.
6. The User acknowledges and accepts that the Company reserves the right to change the GC in any, at its own discretion, by making the User aware of it through publication on the Site. The mere use of the site following the modification will be valid as complete acceptance, by the User, of the modification itself. The User therefore acknowledges and accepts that the site will be registered in order to check for any changes.
PURCHASE FINALIZATION AND PAYMENTS
7. To finalize the booking referred to in point 1 lett. a), the User must necessarily i) press the "Book Table" button, ii) enter the data requested by the Site.
8. To finalize the purchase of the Services referred to in point 1 lett. b) and c) entered by the User in the cart, the User must necessarily i) press the "Complete the Order" button, ii) enter the data requested by the Site and iii) make the payment by credit card or through others electronic payment methods available on the Site or you can pay in cash directly at the Point of Sale.
9. The User therefore acknowledges and accepts that the provision of their contact information constitutes a condition for proceeding with the booking and / or purchase of the Products.
10. The User acknowledges and agrees that the booking of any of the Services referred to in point 1 lett. a), b) and c) shall be deemed to have been fully and properly finalized upon receipt of a written confirmation from the selected Point of Sale.
11. The User acknowledges and accepts that the management of payments on the Site can be delegated to third parties with respect to the Company (by way of example and not limited to, by PayPal Holdings, Inc.) and therefore payments are governed by the general conditions of such third parties that the User undertakes from now to examine before concluding the purchase.
12. In case of payment by credit card, at the same time as the online transaction is concluded, the payment gateway of reference will authorize the amount relating to the purchase made. The amount required for the purchase of the Service will be charged to the User's credit card at the time of purchase.
13. In the event of a request for cancellation of the purchase by the User, the Company will request the cancellation of the transaction and the release of the amount paid by the User. In this regard, the User acknowledges and expressly accepts that i) the release times, for some types of cards, depend exclusively on the payment gateway system and can reach their natural expiry date (24th day from the date of authorization) and ii) once the transaction has been canceled, in no case can the Company be held liable for any damages, direct or indirect, caused by delay in the failure to release the amount committed by the payment gateway, giving up the User from now on to any claim in this regard.
14. The User acknowledges and accepts that the Company reserves the right to request additional information from the User on the User and / or on the payment data entered by them (eg identity document or copy of documents proving ownership of the credit card used). In the event that the User does not provide the Company with the aforementioned information, the Company reserves the right not to accept the order relating to the Services.
15. The User acknowledges and accepts that at no time during the purchase procedure the Company has access to the information relating to the User's credit card, transmitted via a secure connection directly to the payment gateway site that manages the transaction and no computer archive. of the Company will keep such data therefore, in this regard, the User renounces from now on to make any claim and / or dispute against the Company, which in no case can be held responsible for any fraudulent and improper use of the credit card of the User by third parties.
16. The Products offered for sale by the Company are made available through the Site at the prices and conditions indicated therein and subject to availability. In the event that, after the correct completion of the order by the User, there is a total or partial unavailability of the Products ordered, the User will be immediately informed of this circumstance by the Company via e-mail to the address indicated during registration or purchase. In this case, the Company will ask the User to select one of the following options: total cancellation of the order, with refund to the User of the entire order price; partial cancellation of the order, with partial reimbursement of the price to the User, only for the unavailable Products; replacement of unavailable Products with other Products, replacement which will be effective only once confirmed by e-mail by the User.
17. The User acknowledges and accepts that the prices of the Products offered for sale on the Platform are indicated in euros (€) and constitute the prices in effect at the time the order is completed by the User and which are inclusive of applicable VAT. upon completion of the order. The User acknowledges and accepts that any changes to the applicable VAT rate will be automatically reflected on the price of the Products shown on the Site.
18. The User acknowledges and accepts that the Company may at any time make changes to the information relating to the Products, such as prices, description or availability of the Products, without notifying the User in advance. In any case, the Company will not make any changes to the price, availability or description of any Product after its acceptance of an order.
19. As far as the Company's reasonable knowledge is concerned, the Products will comply with the legislation applicable in Italy in force at the time of purchase of the Products themselves.
20. The User acknowledges and accepts that the Company is not the manufacturer of the Products and therefore nothing can guarantee in this regard; the Company does not guarantee that the information on the packaging of the Products will be translated into all the languages of the European Union. However, this information will be available at least in Italian.
WITHDRAWAL FROM THE GC
21. The User has the right to stop using the Site and, therefore, to withdraw from the GC at any time, by means of a written communication to be sent to the address _____ of Valtorta S.r.l. indicated in the header and/or by e-mail _______ to one of the Point of Sale addresses. The Company undertakes to follow up on the communications referred to in this article within a reasonable period of time.
22. Faced with the exercise of the withdrawal from the GC, referred to in the previous article, the User will no longer be able to use the Site or the Services.
23. The right of withdrawal is governed by the following conditions: i) the right applies to the Product purchased in its entirety; therefore, if the Product is composed of several components or parts, it is not possible to exercise the withdrawal only on part of the purchased Product; ii) in case of exercise of the right of withdrawal, the Company will refund the User the full amount of the returned goods, including shipping costs where applicable, within 14 days from the date on which the notice of withdrawal was received, without prejudice to the right of the Company to suspend payment of the reimbursement until the actual receipt of the goods. The refund will be made through the same payment instrument used by the User during the purchase; iii) also in order to guarantee the free return, the Products must be returned in the same box in which they were received.
24. The right of withdrawal is excluded in the following cases: i) order of products made to measure or clearly personalized; ii) order for Products that risk deteriorating or expiring rapidly (for example, food products); iii) order of sealed Products which cannot be returned for hygienic reasons or related to health protection or which have been opened after delivery.
25. With reference to the cases of exclusion of the withdrawal listed above, the User acknowledges and accepts that these include all food Products (including wines, spirits and beverages), as the characteristics and qualities of these types of Products are subject to alteration also as a result of inappropriate storage. Therefore, for reasons of hygiene and the protection of Users, the right of withdrawal is only applicable for Products purchased on the Site that can be returned to the Company and put back on the market without endangering the health of consumers (such as for example books, gadgets, tools for kitchen).
26. In cases where the right of withdrawal is excluded, the Company will return the Products purchased and returned by the User to the User, charging the return costs to the User, or dispose of them where necessary.
INTELLECTUAL PROPERTY RIGHTS
27. The User acknowledges and accepts that the Site, as well as trademarks, logos, domain names, designs, algorithms and software relating to the Site itself and/or contained therein or contained in any material that may be the subject of rights of property rights (including source codes) and/or any other intellectual property rights relating to the Site and the Services (hereinafter, collectively, the "Rights"), are the exclusive property of the Company and/or third parties, who have granted them use license to the Company, and are protected against unauthorized use, copying and dissemination by legislation on industrial law and intellectual property.
28. The User acknowledges and accepts that the use of the Site does not give the User any rights regarding the Rights and that therefore any use of the same other than strictly personal purposes and exclusively related to the use of the Site is prohibited.
29. Except as permitted by the GC, the User may not download, copy, use, transfer, rent, sub-license, lend, modify, adapt, attempt to modify or alter the source code, perform reverse operations engineering, decompile, disassemble or otherwise operate, in whole or in any part, on the content of the Site.
30. Except as provided in the previous article, nothing contained in the GC and/or elsewhere should be interpreted as a license or an implicit transfer, by acquiescence or otherwise, of the Rights to Users. Unauthorized use, copying, reproduction, modification, republication, updating, downloading, sending by post, transmission, distribution or duplication or any other abusive use of the Site and of everything object of the Rights or containing the Rights, by the User, must be considered prohibited. As a user of the Site and the Services, the User undertakes not to use the Rights for illegal purposes and/or in violation of the provisions of the GC and undertakes not to violate the Rights of the Company and/or its third party licensors. as described in the GC.
31. Consequently, the User undertakes as of now to indemnify and hold harmless the Company for any damage or loss directly or indirectly resulting from the use that the User will make of the Site, reservations and everything subject to the Rights in violation of the provisions of the GC. Notwithstanding the foregoing, in the event of a violation or suspected violation of the Rights by the User, the Company reserves the right to suspend and / or block the User's ability to use the Services.
32. In relation to the Materials, the User accepts and acknowledges that the Company (i) has received from the aforementioned third parties the necessary authorizations exclusively for the purposes directly connected to the Site and (ii) cannot provide any guarantee regarding the correctness, truthfulness , completeness and originality of such contents and therefore, by way of example only, does not guarantee that the Materials will not violate the rights of third parties.
USER REPRESENTATIONS AND WARRANTIES
33. The User declares and guarantees:
a. to have read and understood the GC;
b. who has the necessary powers to act for the purposes referred to therein and to have the ability to act and sign legally binding contracts;
c. that it will refrain from reproducing, duplicating, copying, using, selling, reselling and in any case exploiting the Rights for commercial purposes;
d. that it will refrain from any form of use, direct and / or indirect, of the Site and the Services, contrary to the law or not in compliance with the provisions of the GC;
e. who will not use so-called systems spamming, chain messages or pyramid sales;
f. which will not spread viruses, spyware, adware, rootkits, backdoors, trojans and other similar cyber threats.
34. The User acknowledges and accepts that in order to purchase alcoholic beverages through the Site, he must be at least eighteen years of age. Therefore, the User, when completing an order for a Product that contains alcoholic beverages, expressly declares and guarantees to be of age. In any case, the Company reserves the right to ascertain the age of the User when processing the order as well as when it is delivered to the Point of Sale. In case of ascertained lack of the aforementioned requirement, the Company reserves the right not to process the order and/or the delivery of alcoholic beverages.
36. The User undertakes as of now to indemnify and hold harmless the Company from any damage, claim, charge or expense that the Company should incur, directly or indirectly, as a result of the violation, by the User, of the guarantees given in the previous article and, more generally, of the provisions of the GC. Notwithstanding the foregoing, in the event of a violation or suspected violation of the provisions of this article, the Site reserves the right to suspend and/or block the User's ability to use the Services.
37. The User accepts and acknowledges that, unless expressly specified in the GC, the Company does not make any representations or warranties, express or implied, regarding the Site, the Services and all the information contained therein.
38. The User acknowledges and expressly accepts that in the event of a violation or suspected violation by the User of the law, of the rights of third parties or of the GC, the Company may, at its complete discretion, prevent the User's access to Site or take any other action useful to protect the rights of the Company itself.
39. The User acknowledges and accepts that the Company will in no way be liable to the User for any damages, losses, costs, charges and expenses, direct or indirect, including any legal fees, suffered and / or borne by the User in connection with the use of the Site or with the use of the Services.
40. By way of example and not limited to, the Company cannot be held liable for any damage that may derive to the User's devices from any security breach or any virus, bug, tampering, unauthorized intervention, scam, error, omission , interruption, cancellation, defect, delay in operations or transmissions, failure of computer lines or any other technical or other defect, if such an event is related to the Internet transmission initiated through the Site or otherwise.
41. Furthermore, the Company will in no way be liable to the User for any delays or failures related to the operation of the Site in the event that such delays or failures derive from Force Majeure.
42. The Company is not responsible for the contents of websites to which links and information exist within the Site. Such links and information are provided exclusively for the convenience of Users and access to said sites is at the discretion and exclusive responsibility of the Users themselves. A link from the Site to any other website does not imply that the Company approves, endorses or recommends said website in any way or has any control over any element of the content of said website.
43. However, and to the extent permitted by law, neither the Company nor any of its operators, managers, employees, representatives, branches, affiliates, licensees, agents or other personnel involved in the production, sponsorship or promotion of the Site , will be held responsible for direct and indirect damages, connected to the use of the Site and the Services, including damage to property deriving from theft or tampering, damage related to physical injury, death.
44. The User undertakes to indemnify and hold harmless the Company, its subsidiaries and affiliates, as well as their respective representatives, partners and employees from any damage, liability, appeal or request for compensation, including legal defense charges to a reasonable extent , advanced by third parties as a result of the use by the User of the Site and the use of the Services in a manner that does not comply with the GC, and / or violations of the conditions set out therein, and / or non-compliance with the declarations and guarantees contained in the same CG.
45. In fulfilling its contractual obligations, the Company undertakes to comply with the provisions of Italian Legislative Decree 196/2003 and subsequent amendments (hereinafter, the "Code") and Reg. EU 2016/679 (hereinafter, the "Regulation"; the Code and the Regulation together, the "Privacy Law") and, for this purpose, undertakes to adopt any physical, logistical and organizational security measure necessary and adequate to guarantee the integrity and accuracy of the personal data processed, as well as the lawfulness of their processing.
47. The User may not transfer the GC and / or the Reservations to third parties either in whole or in part.
SURVIVAL OF CLAUSES
48. Without prejudice to the provisions of the same regarding changes by the Company, the GC will remain effective until the moment in which the User or the Company will determine their termination within the terms provided for by the GC.
49. The clauses of the GC contained in the following paragraphs will remain valid and effective even after the termination of the effectiveness of the GC: User declarations and warranties; Intellectual Property Rights; Responsibility; Indemnity; Survival of Clauses; Applicable Law and Competent Court; Various.
50. The Company, pursuant to art. 1456 of the Italian Civil Code, may terminate the GC with immediate effect, by simply sending a written communication by certified email or registered letter to the User, if the User has violated one or more of the following provisions of the GC: Finalization of the Purchase and Payments ; User declarations and warranties; Intellectual Property Rights; Transfer. In any case, the Company's right to compensation for greater damage remains unaffected.
APPLICABLE LAW AND JURISDICTION
51. The GCs are entirely governed by Italian law.
52. Without prejudice to the provisions for the protection of consumers in the matter of competent court in the event that the User acts in this capacity, any dispute arises between the Parties in relation to the validity, interpretation, execution and resolution of the GC and / or in any case in connection with the GC will be the exclusive competence of the Court of Milan, with the exclusion of any other, even competitor or alternative.
53. Any tolerance by the Company towards User behavior in violation of any provision of the GC does not constitute a waiver of the rights deriving from the violated provision, nor of the right to demand the correct fulfillment of all the provisions of the GC. same.
54. Failure or delay in exercising a right due to the Company pursuant to the GC does not entail renunciation of the same.
55. Should any term or other provision of the GC be declared null, void or inapplicable, all other conditions and provisions of the GC will remain, however, fully valid and effective. In the event that there is the cancellation or nullity of some term or provision as invalid, contrary to mandatory rules or inapplicable, the Parties undertake to negotiate in good faith to modify the GCs in such a way as to achieve the best possible original intention of the Parties in order to fulfill in the best possible way the commitments provided for in the GC.
56. The Company and the User act in full autonomy and independence. The GCs do not give rise to any relationship of collaboration, agency, association, intermediation or subordinate work between them.
57. Any communication from one party to the other pursuant to the GC must be sent by registered letter with return receipt or certified e-mail.