Terms and Conditions
www.anticasicopoli.it, Ristorante Antica Sicopoli Srl, C.F and VAT no. 02704070610, Via Sicopoli 4, 81041 (CE) Italy
email: [email protected]
tel: +39 0823 960158
The following Terms and Conditions govern the offer and sale of products on our website.
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. n. 206/2005 and by Leg. n. 70/2003, containing the regulation of electronic commerce.
1.2. The General Conditions of Sale may be changed at any time. Any changes and/or new conditions will be in effect from the time they are posted on the Site. Users are therefore encouraged to regularly access the General Terms and Conditions of Sale and consult the most up-to-date version of the General Terms and Conditions of Sale before making any purchase. The applicable General Terms and Conditions of Sale are those in effect on the date the purchase order is submitted.
1.3. The Restaurateur offers, on this Site, a table reservation system and the sale of products, carrying out its electronic commerce activity towards consumer end-users, i.e. any natural person acting on the Site for purposes not related to his or her commercial, entrepreneurial or professional activity, if any.
1.4 The General Conditions of Sale exclusively regulate the offer, submission of reservations and acceptance of purchase orders for products within this Site, between the users of this Site and the Restaurateur-Seller, who conclude the distance contract.
2. Site access and subjective ordering limitations
2.1 By placing an order, the user/customer agrees to contact the Restaurateur directly to ensure that the foods selected for take-out or home delivery meet specific personal needs and, in particular, any food allergies and/or intolerances.
2.2 By placing an order, the user/customer agrees and declares that he/she can proceed with the purchase of alcoholic beverages, the sale of which is prohibited in Italy to individuals under the age of 16. The Restaurateur reserves the right not to conclude or reduce the order containing alcoholic beverages, if it reasonably believes that the drink was purchased by a person under 16 years of age.
3. Method of order processing and product availability
3.1 Having selected the products from the menu published by the Restaurateur and provided all the information required for ordering (takeaway, delivery, address of eventual delivery, time selection…), the Client has the right to send the order, proceeding to payment, after carefully verifying the data entered.
3.2 When the sales contract is duly concluded, it will not be possible to change it, since these are food products prepared on specific request and not susceptible to preservation due to rapid expiration.
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 case of unavailability of the product already ordered, the user will be promptly informed by e-mail or telephone. The user will, therefore, be entitled to terminate the contract, pursuant to the provisions of Art. 61, 4th and 5th paragraphs, of the Consumer Code. In the event that payment of the Amount Due has already been made, the Restaurateur will make a refund of 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 upon between the user and the Restaurateur. Any delays in crediting may depend on the banking institution, type of credit card, or payment solution used.
3.4. In the case of orders for several products, if the unexpected unavailability affects only some products, without prejudice to the rights granted to the user by law, and, in particular, by Chapter XIV of Title II of Book IV of the Civil Code, and without prejudice to the application of Art. 3.3, the Restaurateur will notify you by e-mail or telephone. You will, therefore, be entitled to terminate the contract, limited to the Product(s) that have become unavailable, pursuant to and in accordance with the provisions of Art. 61, 4th and 5th paragraphs, of the Consumer Code. In the event that the user makes use of the right of termination under Art. 61, IV and V paragraphs, 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 make a refund of the amount due in relation to such Product(s), without undue delay. You will be notified of the refund amount 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 means as may be agreed between the parties. Any delays in crediting may depend on the banking institution, type of credit card, or payment solution used. Termination of the entire Order will be possible only in the case of obvious and proven ancillary nature of the Products covered by the overall Order that have become unavailable in relation to the other available Products.
3.5. the Restaurateur reserves the right to cancel the order in case of excessive load, adverse events or any other cause, resulting in the return of any payment already made, as governed by Article 4.2 below.
3.6. the Restaurateur indicates an estimated time for deliveries and pick-ups, which may be subject to change in cases of overloading, weather and traffic conditions, any cause beyond its control, with no guarantee of delivery.
3.7. If payment is denied due to lack of authorization, the Site will not process and send the order to the Restaurateur.
4. indication of prices and payments
4.1. If the prices indicated in the online menu are higher due to inaccurate indication of the same, the Restaurateur will notify the Client of this fact before the preparation of the order, allowing the Client to withdraw, if the relationship with the actual price is excessively high.
4.2. Payments can be made in cash, by electronic payment on delivery, by credit or debit card. In the event of non-execution or cancellation of the order, subsequent to the authorization of the payment by the bank or credit/debit card issuer, the payment is not executed with the amount credited back to the Customer. The timing of re-credit depends solely on the bank/company that issued the payment card, with no liability of the Restaurateur in case of delay.
5. Delivery of purchased products
5.1. The delivery obligation is fulfilled by transferring the physical availability of the products to the user.
5.2. It is up to the user to check the condition of the Product that was delivered to him or that he picked up. Without prejudice to the fact that the risk of loss of or damage to the Products, due to causes not attributable to the Restaurateur, is transferred to the user when the user, or a third party designated by the same and other than the carrier, materially comes into possession of the Product, the user is advised to check the number of Products received and that the packaging is intact, not damaged, nor wet or otherwise altered, including in the sealing materials, and the user is invited, in his or her own interest, to immediately contact the Restaurateur to report any anomalies (ex. damaged package, wet package, opened products). Receipt without reservation of the Products, in fact, does not allow the user to take legal action against the courier and/or the Restaurateur, in case of loss or damage of the Products, except where the loss or damage is due to intent or gross negligence of the courier itself and except for partial loss or damage not recognizable at the time of delivery, provided that in the latter case, the damage is reported as soon as known. In the event that the package shows obvious signs of tampering or alteration, the user is also advised to promptly notify the Restaurateur. In the event that the products received differ from those ordered, without prior notification and authorized replacement to the Restaurateur, the user is advised to promptly notify the Restaurateur.
5.3 The provisions of Art. 61 of the Consumer Code in the event that the purchased Product is not delivered or is delivered within the delivery terms indicated during the purchase process and in the order confirmation (termination of the contract).
6. Ways of using the site
6.1. it is permitted to use the Site for exclusively personal, non-commercial purposes, in compliance with the legislation protecting copyright and intellectual property rights, with respect to the material published on the Site and the Site itself.
6.2. the Restaurateur assumes no responsibility for temporary suspensions of the operation of the Site, even without any prior notice, even in the case of maintenance or for causes beyond the Restaurateur’s control.
7.1. Withdrawal is expressly excluded by Art. 59 of the Consumer Code (Legislative Decree No. 206/2005), since these are orders for products prepared on demand and rapid deterioration.
7.2. The user may, in any case, try to contact the Restaurateur 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 preparation of the dishes, resulting in the application of Article 4.2.
8.1. the information contained in the menus is updated and detailed by the Restaurateur, who assumes no responsibility for the Client’s failure to report food allergies and intolerances when ordering. If the Customer, for himself or for persons in whose interest he is ordering, needs to check the allergens contained in the dishes proposed on the menu, he is invited to contact the Restaurant directly before placing the order, thus ensuring the absence of substances capable of causing adverse reactions.
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 6 September 2005 no. 206 (Consumer Code), with specific reference to the regulations on distance contracts, and by Legislative Decree April 9, 2003 no. 70 on certain aspects concerning electronic commerce.
10.2 Consumer Users may bring an action before the Court of the place where they have their residence/domicile in Italy. If the dispute involves users outside the Consumer Code, exclusive jurisdiction shall devolve to the Court where the Restaurateur has its registered office.