TERMS AND CONDITIONS
Effective from 01/06/2017
The www. pistakkiofood.it site and any PistakkioFood mobile application (hereinafter, the “Website”) are owned by Pistakkio Food Sas of Ardizzone F.sco &Co. (hereinafter Pistakkio Food Sas), with registered office in Palermo, via Simone Cuccia 45, fiscal code and VAT no. 06548670824 registered in the Palermo company register under REA PA – 328740 , and is dedicated to the retailing of packaged food, beverages or processed products. The Website is designed and managed directly by Pistakkio Food Sas and allows Users (as defined below) to: view the Products (as defined below), such as food and beverages, that may be purchased through the Website; select the Products desired for purchase in the form of a package (box); avail of the home delivery service; pay the amount due to Pistakkio Food for the purchase of the selected Products, according to the Service (as defined below) chosen.
THE COMPANY, PURSUANT TO ITS FAIRNESS AND TRANSPARENCY POLICY, INVITES EACH USER OF THE WEBSITE (HEREINAFTER, THE “USER”), BEFORE COMMENCING NAVIGATION, TO KINDLY READ CAREFULLY THE PRESENT TERMS AND CONDITIONS (“T &C”) REGULATING THE SERVICES OFFERED THROUGH THE WEBSITE. IF YOU DO NOT INTEND TO ACCEPT THESE T & C AND/OR ANY OTHER NOTE, LEGAL NOTICE, DISCLOSURE OR LIMIT ON LIABILITY PUBLISHED ON THE WEBSITE, WE INVITE YOU NOT TO USE THE WEBSITE OR ITS SERVICES.
1. TERMS AND CONDITIONS OF USE
These T &C define and regulate the general conditions of use of the Website and the Services provided to the User by Pistakkio Food Sas, as identified above, in the person of the legal representative pro tempore (the “Company” or “Pistakkio Food”).
The use of the Website by any User, whether a Visitor User or a Registered User, is subject to the terms and conditions of these T &C, even if the User does not avail of any of the Services or features available on the Website.
In the present T &C, in addition to the terms elsewhere defined, the terms listed below will have the meaning assigned next to each of them. In particular:
Website : the internet site accessible at www.pistakkiofood.it , but also all internet addresses (eg URLs, domain names and pages) and/or the related application software for the use of the Services that the Company controls or manages and that are used to offer or provide such Services as well as all mirrors, substitutions and backups and all web pages that the sites include.
For the sake of clarity, it is specified that any reference to the “Website” contained in these T &C includes all current or future versions of the www.pistakkiofood.it website, as well as any mobile application enabling access to the Pistakkio Food website or services, and this regardless of whether, in either case, access is via a currently existing platform or device or through 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 Pistakkio Food website or services that might be developed over time).
Company : Pistakkio Food Sas, as identified above.
Service : individually or collectively, any service and all related functions offered on the Website both free of charge and against payment and offered directly by the Company or by third parties with our support. The term “Service” includes, in the absence of other specifications, the Website and all the paid services, functions, and features that are offered within the Website and which are made available to Users.
User: applies collectively to Visitor User or Registered User and in any case to whomsoever uses or is prepared to use or benefit from the Services and/or the Website.
Visitor User: any user browsing the Website and/or using the functionalities and/or Services made available to all Users without registering with the Website or making any purchases therefrom.
Registered User: the user who signs up by providing personal information to obtain access to the use of the Service accessible only after registration (as defined below) to the Website.
Products: products sold through the Website to Users.
Transporter: transport company or freelancer delegated to transport the Products from our warehouse to the User.
2. CHANGES TO T&C
The User undertakes to periodically review the T &C, without prejudice to the fact that the Company will do what is reasonably necessary and appropriate to inform the User, through the Website itself, of any change in the T &C and/or Services .
Changes to the T &C and/or related Services will be effective from the time of publication on the Website and will apply only to sales concluded later.
The Company will inform Users of changes to these T &C or to the functionalities / limitations of the Services and/or their costs through publication on the Website and, for Registered Users, through a specific communication sent to the email address of the User indicated when registering on the Website or subsequently.
Changes and updates will be deemed accepted by Users who connect to or use the Website after such changes or updates are published on the Website.
If the User does not agree with the changes made, he/she is invited not to use the Website and, in the case of a Registered User, may cancel his/her account.
3. PERSONAL DATA
The User who intends to register or subscribe to the Service by registering and subsequently selecting the Services guarantees that the personal data provided are true, correct, updated, relate to the person who inserts them or are entered with the consent of a third party, and assumes all responsibility as to the correctness and truthfulness of the information provided. Should there be any changes in the data provided by Users, it will be their responsibility to inform the Company of updates as soon as possible.
4. REGISTRATION ON THE WEBSITE
The navigation of some sections of the Website and the use of the Service offered on the Website are also freely accessible to Visitor Users.
The Company reserves the right to allow Visitor Users, even if only temporarily, to use the Service and access some areas normally reserved for Registered Users.
For the purposes of full and complete use of the Service offered by the Website, registration on the Website is required.
4.1. How to register on the Website
In order to use the Services, the User is required to register by providing personal information (hereinafter, the “Registration”), by indicating a valid personal e-mail address and by creating a personal account (hereinafter referred to “Profile”, following the procedure illustrated at the time of Registration, to allow the Company to have a sufficient purchasing profile to provide the Services.
Access to the Site is allowed only through the use of username and password chosen during registration.
The Registered User may at any time access his/her Profile to update or modify the data entered, including information relating to his/her preferences. It is understood that the Registered User will be solely responsible for the truthfulness and updating of such information.
In the event that the User does not complete the registration procedure or authentication after providing the e-mail address and/or other data required for registration, the User may receive a limited number of communications that will invite him/her to conclude the registration process and describe the service for which the registration procedure was initiated, without prejudice to the
User right to cancel his/her data and to delete his/her Profile from the Website by emailing info @ pistakkiofood.it with “Request cancellation”as the subject.
The Registered User agrees to provide a personal e-mail address, which he/she guarantees is genuine and which he/she regularly accesses. The Registered User also undertakes to promptly update the e-mail address registered on the Profile in the event of a change. Profiles registered with the e-mail address belonging to parties other than the Registered User or with temporary e-mail addresses may be deleted from Pistakkio Food without notice. Pistakkio Food also reserves the right to validate individual accounts where Pistakkio Food has reason to believe that the e-mail addresses provided are not valid.
4.3. Profile Cancellation
Users may delete their Profile at any time by emailing info @ pistakkiofood.it with “Request profile cancellation” as the subject.
5.1. Offer to the public
All Products and prices indicated in the Services constitute an offer to the public within the limitations and modalities contained in the Website itself and in these T&C.
All prices include VAT. The cost of delivery and management of the service is included in the price of the Products unless expressly indicated.
The Service offered by Pistakkio Food to Registered Users enables them to :
view the Products that can be purchased through the Website; select the Products (or packages) that the User intends to order and purchase; pay the amount due to the Company for the purchase of the Products offered on the Website; use the Product delivery service at the delivery address indicated by the User.
Once registered on the Website, the Registered User will be entitled to purchase Products by availing of the Service and making individual purchases by selecting the Products he intends to receive.
7.1. Purchase of products
By connecting to the Website, the User will be able to select the city of reference and the chosen date of delivery, to view all Products available for purchase, select those of interest and add them to the shopping cart.
After completing each selection, by clicking on “Shopping Cart”, the User can (1) verify the Products added to the shopping cart, the price of each, and the total cost of the overall purchase, (2) add or delete the selected Products by clicking on the relative symbols and (3) proceed with the purchase of the Products by clicking on “Proceed to payment”. In this section (shopping cart), the user can also enter the coupon code to take advantage of any promotions received.
In the “Checkout”section, the User must confirm his shipping and billing information and complete the purchase order by proceeding to pay, using one of the payment methods available in the “Your order”section.
Individual purchases will only be charged after acceptance of the order by Pistakkio Food.
7.2. Purchase order
The purchase order completed by the User following the procedure indicated in paragraph 7.1
above will be binding for the Company only if the entire order procedure has been completed correctly without any indication of error messages from the Website.
7.2.1. Acceptance of the purchase order
The Company will check the purchase order and availability of the Products.
The acceptance by the Company of the purchase order for a Service entails the immediate charge of the purchase price using the payment method selected by the User.
7.2.2. Confirmation of the purchase order Following acceptance of the order, the User will receive confirmation of the purchase by e-mail which expressly indicates a summary of the Products ordered and the relative prices, the delivery date and the general and particular conditions applicable to the order itself.
7.3. Method of payment
To proceed with the purchase of the Products, the User must select the payment method among those available on the Website.
7.3.1. Payment by credit card or via the PAYPAL or STRIPE payment system
Credit Card Website purchases may be paid for on one of the following circuits:
To guarantee maximum security, the Registered User will make the payment transaction directly on the secure server of the payment system provider.
PayPal Once the order is confirmed, the Registered User will be redirected 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.
By activating the Service, the User:
a) guarantees the availability of the sum necessary for the payment of the Products ordered through the Service;
b) expressly authorizes the Company or third parties authorized by it to store the credit card identifier on their systems in order to facilitate subsequent acquisitions of the Services by the User;
Upon completion of the purchase, an invoice or equivalent tax document will be issued, containing billing information including tax code and/or VAT number. The user is responsible for the correct entry of billing information.
8. DELIVERY OF PRODUCTS
8.1. Delivery methods
The Company will arrange for the delivery of the Products to the address indicated by the User by means of selected professional transporters.
The Company delivers purchases only to approved areas. Deliveries will be made on the days and in the time slots chosen by the User. If not otherwise explicitly agreed in writing, the presence of the Registered User or of a representative at the address and in the time slot indicated in the order is necessary.
The delivery service is guaranteed only for homes that can be reached by the means of transport used by the Company suppliers (for example, homes that are accessible only via dirt roads or via exclusively pedestrian areas are excluded).
Upon delivery of the goods the User, or the person appointed by the latter, will be required to verify that the packaging is intact, undamaged or not otherwise altered. Any damage to the packaging and/or Products must be immediately challenged by the User, by writing, on the delivery document of the Transporter, “Goods unchecked” (“Riserva di controllo”) and specifying the reason (for example “Packaging torn”, or “Packaging tampered with”). For any anomalies found regarding the Products, other than those due to the physiological decay of food products or merely imperfect packaging, the User can contact the Company at the email address info @pistakkiofood.it or through the “Contacts”; section of the Website; the user must specify the defects found and provide photographic supporting evidence.
8.3. Failed delivery
The Registered User acknowledges and accepts that where delivery of Products failed due to his absence (or that of the person designated to receive the consignment) at the agreed date and time slot, the Products will not be cancelled from the order and the amount concerned will not be credited back to the User.
The Company undertakes to execute the Services in good faith and to fulfil, or to ensure fulfilment of, with the utmost diligence, all obligations set forth herein in a spirit of solidarity and self-organization which perforce characterize the entire business and services offered to and availed of by Users through the Website.
The Company will not be liable for any delays occurring during transport. Likewise, the Company cannot be held liable for any loss, damage, incorrect or non-delivery caused by events and/or force majeure or unforeseeable circumstances, including but not limited to: natural disasters, adverse weather conditions (such as for example heavy snowfalls), possible strikes (of own or other employees), accidents to the means of transport, explosions or any other cause, similar or different, occurring outside the control of the Company and not imputable to it, even if pre-existing, that prevents or hinders the total or partial execution of the contract.
9. RIGHT OF WITHDRAWAL
9.1. Non-applicability of the right of withdrawal
Pursuant to art. 59, paragraph 1, sub d) and e) of Legislative Decree 206 of 6 September 2005, (Consumer Code), the right of withdrawal shall not apply to:
a) goods purchased by the User for use other than personal use and/or for which the User requests an invoice;
b) goods liable to deteriorate or perish rapidly;
c) sealed goods, whose return is inappropriate for reasons of hygiene or public health protection, and which have been opened after delivery.
With reference to the cases of non-applicability of the right of withdrawal listed above, the User is informed and accepts that, in particular, Products that “are liable to deteriorate or perish rapidly”;
include all food products, as the characteristics and quality of this type of Product are subject to alteration, including as a result of improper storage. Therefore, for reasons of hygiene and User protection, the right of withdrawal is applicable only to Products purchased on the Website that can be returned to Pistakkio Food intact and with unbroken seal, and re-marketed without danger to consumer health.
9.2 Exercise of the right of withdrawal
Pursuant to art. 52 et seq. of Legislative Decree 206/2005, the User may exercise the right of withdrawal in relation to specific Products, other than those listed in paragraph 11.1 above, provided that these, after delivery, have not been opened or their seals altered.
Where the right of withdrawal applies, the User may withdraw from the purchase contract for any reason, without the need to provide explanations and without incurring any penalty.
To exercise the right of withdrawal, the User must, within 14 days of the date of delivery, send written notice by email to Pistakkio Food at the following address firstname.lastname@example.org with the subject “Exercise of right of withdrawal” and expressing its intention to withdraw, providing furthermore the following additional information:
1. number and date of the order;
2. delivery date of the order;
3. name and address of the User;
4. email address and telephone number of the User;
5. code of the article or articles for which the User intends to exercise the right of withdrawal.
The right of withdrawal applies to the product purchased in its entirety; therefore, if the Product is made up of several components or parts, the right to withdraw may not be exercised regarding only part of the purchased Product.
Upon receipt of the notice of intent to exercise the right of withdrawal, Pistakkio Food will open a return management file and will instruct the User on the procedure for return of the Product, which will be assured by the carrier indicated by Pistakkio Food.
Where the right of withdrawal is exercised, Pistakkio Food will reimburse the User the full cost of the returned Products, within 14 days from the date on which the withdrawal notice has been received, without prejudice to Pistakkio Food’s right to suspend the payment of the reimbursement until the actual receipt of the Products. The refund will be made using the same payment method used by the User.
10. USER OBLIGATIONS
The User undertakes not to use the Website and/or related Services for illegal purposes or purposes not covered by these T &C. The User may not use the Website or related Services to damage or otherwise prejudice the Website or interfere with the use and enjoyment of the Web Site and of its related Services by other Users.
The Registered User is required to keep his/her Profile login credentials securely, and is liable for any use of the Website made by anyone using his/her credentials to access it. The Registered User agrees in any case (i) not to use machines, algorithms, software or other automatic functions to generate the recall of pages or materials, (ii) not to generate page recalls, through chain messages, e-mail or other means, by which a person or a group of people is requested to consult a page and (iii) notify the Company immediately in case of suspected breach of the security of their Profile.
11. LIMITATIONS OF LIABILITY
The Company undertakes to implement the quality standards relating to the Products only up to the time of delivery at the place indicated by the User; any liability for the deterioration of Products due to improper storage subsequent to delivery or at other delivery points authorized by the user is excluded. The Company declines all responsibility for information, data and any technical or other inaccuracies that may be contained on the Website.
Complaints relating to the performance of the Service may be made, under risk of forfeiture, within 48 (forty eight) hours after delivery by writing to email@example.com or by using the “Contact us” section on the website; the complaint should be supported by photographic evidence. The Company will not be liable for any damages deriving from the unavailability of the Services caused by problems relating to the network, to the internet providers or to telephone and/or telematic connections over which it has no control, or from the failure and/or faulty operation of the electronic equipment of the User or of the Company’s suppliers.
The Company disclaims liability for content created or published on third party sites to which the Website has a hyperlink. The User who decides to visit a website linked to the Website does so at his/her own risk; it is incumbent on him/her to take all necessary measures against viruses or other malware . For each order placed, Pistakkio Food will issue a specific receipt or invoice for the Products shipped, which will be transmitted to the Registered User by e-mail (pursuant to and for the purposes of Article 14 of the Presidential Decree 445/00 and of Legislative Decree 52 / 2004). The data provided by the Registered User at the time of the order will be included in the receipt/invoice, without prejudice to the fact that no variation will be possible after the receipt/invoice has been issued.
12. TERMINATION. CESSATION OF SERVICES
The Company reserves the right to prohibit the User from accessing and using the Website and Services, or any part of them, at any time and with immediate effect, in case of violation by the User of the obligations incumbent on him/her under the afore-mentioned Articles 7.3 (Method of payment), 8.3 (Delivery Failure) and 10 (User obligations).
Access to the Website may also be temporarily interrupted in the event of technical problems or for maintenance purposes. Where possible, notice of such interruptions will be published on the Website.
The Company may at any time improve and/or modify the Website and Services if necessary for technical reasons or in order to comply with current legislation.
The Company also reserves the right to terminate, in whole or in part, the provision of the Services
at any time and with reasonable notice in order to permit reception by Occasional Users and Registered Users of orders sent. In such cases, the Company will promptly notify Users by means of a notice on the Website.
13. ADDITIONAL INFORMATION. SUSPENSION OF SERVICES
The Company reserves the right to request additional information from the Registered User or to require the User to send copies of documents proving ownership of the card used.
The Company reserves the right to refuse an order and/or to terminate with immediate effect the obligations arising from these T&C as provided for in the afore-mentioned Article 12 (Termination Cessation of services) in the event the User fails to provide information and/or copies of documents proving ownership of the card used to pay for the Products ordered.
La Società si riserva la facoltà di non accettare l’ordine di acquisto e/o di risolvere con effetto immediato le obbligazioni scaturenti dalle presenti T&C secondo quanto previsto al precedente
(Risoluzione. Cessazione dei Servizi) nel caso in cui l’Utente non fornisca le informazioni e/o copie di documenti che dimostrino la titolarità della carta utilizzata per il pagamento dei Prodotti ordinati.
Without prejudice to the Company’s right to terminate these T&C with immediate effect in accordance with the provisions of Article 12 (Termination. Cessation of Services ), the Company shall also be entitled to suspend the Service in whole or in part in the event of non-availability of the sum necessary for the payment of the Products ordered, as set out in paragraph 7.3.1. Under no circumstances shall the Company be held liable for any fraudulent use of credit cards by third parties for payment of Products purchased on the Website.
The Company will process User personal data in compliance with current legislation on data protection.
15. DISPUTES: APPLICABLE LAW
15.1. Applicable law These T&C, including the documents referred to therein and the other legal notices published on the Website and in general the relationship between the Company and the Users of the Website are governed by Italian law and must be interpreted in accordance with the same.
15.2. Extra-judicial conciliation
Pursuant to Article 49 paragraph 1)v of Legislative Decree 6 September 2005 no. 206 ( Consumer Code ), the Registered User can use the joint conciliation procedure.
This procedure can be initiated if the Registered User, having submitted a complaint to Pistakkio Food, has not received a response within the 30-day time limit or has received a response he/she considers unsatisfactory.
The Registered User who decides to use the Joint Conciliation procedure must send the application to the following address: firstname.lastname@example.org or to fax number (00 39) 02/87181126.
For more information, please refer to: http://www.consorzionetcomm.it/Spazio_Consumatori/Conciliazione-Paritetica/La-Conciliazione-Paritetica.kl Pursuant to Article 14 of EU Regulation no. 524/2013, the Registered User can also use the " ODR Platform " (Online Dispute Regulation) , which can be reached by clicking on the following banner: http://www.sviluppoeconomico.gov.it/index.php/it/mercato-e-consumatori/tutela-del-consumatore/controversie-di-consumo/odr-risoluzione-dispute-online
15.3. Further Disputes Any disputes relating to the use of the Website and the Services contemplated therein, which are not susceptible to a settlement through the Joint Conciliation procedure referred to in paragraph 15.2, fall to Italian jurisdiction and to the mandatory and exclusive territorial jurisdiction of the Courts of Palermo.
Specific approval of T&C pursuant to and for the purposes of Articles. 1341 and 1342 of the Italian Civil code. Pursuant to and for the purposes of Articles. 1341-1342 of the Italian civil code the parties declare that they have read and understood, and therefore expressly approve Articles 2 (Changes to T & C), 4 (Registration on the Website), 5 (Products), 7 (The Service), 8 (Delivery of Products), 9 (Right of Withdrawal), 10 (User Obligations), 11 (Limitations of liability), 12 (Termination. Cessation of Services), 13 (Additional information. Suspension of Services) and 15 (Disputes : Applicable Law) .
By issuing his/her definitive authorization at the time of Registration, therefore, the User fully and explicitly approves, without reservation, the above clauses, identified individually in the previous paragraph.