Terms and Conditions

[www.alfiore.com, Company name, VAT number, Street , Tel, mail]

1. Scope of application
1.1 the sale of products through the Site constitutes a distance contract governed by Chapter I, Title III (Articles 45 et seq.) of Legislative Decree no. 206/2005 and Legislative Decree no. 70/2003, containing the rules on electronic commerce.
1.2. The General Terms and Conditions of Sale may be amended at any time. Any amendments and/or new conditions will be in force from the time of their publication on the Site. Users are therefore invited to regularly access the General Terms and Conditions of Sale and to consult the most updated version of the General Terms and Conditions of Sale before making any purchase. The applicable General Terms and Conditions of Sale are those in force on the date the purchase order is sent.
1.3. The Restaurateur offers, on this Site, a table reservation system and the sale of products, carrying out its electronic commerce activity vis-à-vis consumer end-users, i.e. any natural person acting on the Site for purposes that are not related to his or her own commercial, entrepreneurial or professional activity, if any.
1.4 The General Terms and Conditions of Sale exclusively regulate the offer, forwarding of reservations and acceptance of purchase orders of products within this Site, between the users of the Site and the Restaurateur-Seller, who conclude the distance contract.
2. Access to the Site and Subjective Limitations on Orders
2.1 By placing an order, the user/customer undertakes to contact the Restaurateur directly to ensure that the foodstuffs selected for take-away or home delivery meet their specific personal requirements and, in particular, any food allergies and/or intolerances.
2.2 By placing an order, the user/customer accepts and declares that he/she can proceed with the purchase of alcoholic beverages, the sale of which is prohibited in Italy to persons under 16 years of age. The Restaurateur reserves the right not to conclude or to reduce an order containing alcoholic beverages if he has reason to believe that the beverage was purchased by a person under 16 years of age.
3. Order processing methods and product availability
3.1 Having selected the products from the menu published by the Restaurateur and provided all the information required for the order (takeaway, delivery, address of eventual delivery, time selection, etc.), the Client has the option of sending the order, proceeding to payment, after carefully verifying the data entered.
3.2 Once the sales contract has been duly concluded, it will not be possible to change it, as these are food products prepared on specific request and not susceptible to preservation due to their rapid expiry date.
3.3. The products offered on the site are limited in number and it may therefore happen that the product becomes unavailable upon transmission of the purchase order. In the event of unavailability of the product already ordered, the user shall be promptly informed by e-mail or by telephone. The user shall, therefore, be entitled to terminate the contract, pursuant to and for the purposes of Article 61, paragraphs 4 and 5 of the Consumer Code. In the event that payment of the amount due has already been made, the Restaurateur will reimburse this amount without delay. This amount will normally be credited to the same means of payment used by the user for the purchase or the different means agreed between the user and the Restaurateur. Any delay in crediting may depend on the bank, the type of credit card or the payment solution used.
3.4. In the case of orders for several products, if the unavailability affects only some of the products, without prejudice to the rights attributed to the user by law, and in particular by Chapter XIV of Title II of Book IV of the Civil Code, and subject to the application of Article 3.3, the Restaurateur will notify the user by email or telephone. The user will, therefore, be entitled to terminate the contract, limited to the Product(s) that have become unavailable, in accordance with the provisions of Article 61, paragraphs IV and V, of the Consumer Code. In the event that the user avails himself of the right to terminate the contract, as referred to in Article 61, paragraphs 4 and 5, of the Consumer Code, in relation to the Product(s) that have become unavailable, or in any case in which payment of the amount due has already been made, the Restaurateur will reimburse the amount due in relation to such Product(s), without undue delay. The amount of the refund shall be notified to you by e-mail or telephone. This amount will be credited to the same means of payment used by the user for the purchase or by such other means as may be agreed between the parties. Any delay in crediting may depend on the bank, the type of credit card or the payment solution used. The cancellation of the entire Order shall only be possible in the case of clear and proven ancillary nature of the Products covered by the overall Order that have become unavailable compared to the other Products available.
3.5. the Restaurateur reserves the right to cancel the Order in the event of excessive load, adverse events or any other cause, with the consequent return of any payment already made, as governed by Article 4.2 below.
3.6. the Restaurateur shall indicate an estimated time for deliveries and pick-ups, which may be subject to change in the event of excessive load, weather and traffic conditions, any cause beyond the Restaurateur’s control, with no guarantee of delivery.
3.7. In the event of refusal of payment due to lack of authorisation, the Site shall not process and send the order to the Restaurateur.
4. indication of prices and payments
4.1. If the prices indicated on the online menu are higher due to an inaccurate indication of the same, the Restaurateur will point this out to the Client before the order is prepared, allowing him to withdraw if the ratio to the actual price is excessively high.
4.2. Payments may be made in cash, by electronic payment on delivery, or by credit or debit card. In the event of non-execution or cancellation of the order, subsequent to the authorisation of the payment by the bank or credit/debit card issuer, the payment shall not be executed and the Customer shall be credited with the relevant amount. The timing of the re-crediting shall depend exclusively on the bank/company that issued the payment card, without any liability on the part of the Restaurateur in the event of delay.
5. Delivery of purchased products
5.1. The delivery obligation is fulfilled by the transfer of the material availability of the products to the user.
5.2. It is up to the user to check the condition of the Product delivered to him/her or which he/she has collected. Without prejudice to the fact that the risk of loss of or damage to the products, for reasons not attributable to the Catering Agent, is transferred to the user when the user, or a third party designated by him and other than the carrier, takes physical possession of the Product, the user is advised to check the number of Products received and that the packaging is intact, not damaged, not wet or in any way altered, including the sealing materials, and is invited, in his own interest, to contact the Catering Agent immediately to report any anomalies (e.g. damaged packaging, wet parcel, etc.). damaged packaging, wet parcel, open products). Receipt of the Products without reservation does not allow the user to take legal action against the courier and/or the Restaurateur in the event of loss of or damage to the Products, except in the case where the loss or damage is due to malice or serious fault on the part of the courier and except in the case of partial loss or damage not recognisable at the time of delivery, provided that in the latter case, the damage is reported as soon as it is known. In the event that the packaging shows obvious signs of tampering or alteration, the user is also advised to notify the caterer immediately. In the event that the products received differ from those ordered, without prior notification and authorised replacement, we recommend that the user promptly notify the Catering company.
5.3 The provisions of Article 61 of the Consumer Code will apply in the event that the Product purchased is not delivered or is delivered within the delivery terms indicated during the purchase process and in the order confirmation (termination of contract).
6. Method of use of the Site
6.1. it is permitted to use the site for exclusively personal, non-commercial purposes, in compliance with the legislation on the protection of copyright and intellectual property, in relation to the material published on the Site and the Site itself.
6.2. The caterer accepts no liability for temporary suspensions in the operation of the Site, even without prior notice, even in the case of maintenance or for causes beyond the control of the caterer himself.
7. Withdrawal .
7.1. Withdrawal is expressly excluded by Article 59 of the Consumer Code (Legislative Decree no. 206/2005), since it concerns orders relating to products prepared on request and with rapid deterioration.
7.2. The user may, in any case, try to contact the Restaurateur in order to attempt, without any contractual obligation on the point, to make the desired changes and, if necessary, agree to the user’s withdrawal before the dishes are prepared, with the consequent application of Article 4.2.
8. Liability
8.1. The information contained in the menus is updated and detailed by the Catering Company, which accepts no liability for the Client’s failure to report food allergies and intolerances when ordering. Should the Client, for himself/herself or for persons on whose behalf he/she is ordering, need to check the allergens contained in the dishes on the menu, he/she is invited to contact the Restaurant directly before placing the order, thus ensuring the absence of substances that may cause adverse reactions.
9. Privacy
9.1 The personal data of users-customers are processed in accordance with General Data Protection Regulation No. 2016/679 (GDPR) and the relevant Italian legislation. You can obtain information on how we process your personal data by accessing the Privacy Policy published on the Site, which forms an integral part of these Conditions.
10. Applicable Law and Jurisdiction
10.1 Contracts concluded between users of the Site and the Restaurateur are governed by Italian law and, for Consumers residing in Italy, by Legislative Decree No. 206 of 6 September 2005 (Consumer Code), with specific reference to the regulations on distance contracts, and by Legislative Decree No. 70 of 9 April 2003 on certain aspects concerning electronic commerce.
10.2 Consumer users may bring a dispute before the Court of the place where they have their residence/domicile in Italy. If the dispute concerns users who are not governed by the Consumer Code, the Court where the Restaurateur has its registered office will have exclusive jurisdiction.