Terms and Conditions
This document contains the general terms and conditions of use of the website ____________________.
Definitions
To allow a complete understanding and acceptance of these terms and conditions, the following terms, singular and plural, will have the meaning indicated below:
Holder: Spaghetti Boost Società Benefit a responsabilità limitata, with registered office in Via Cosimo del Fante 16 - 20122, VAT number / Fiscal Code 13179900967, fully paid-up share capital €10,000, PEC address spaghettiboostsb@pec
Application: the website ____________________
Products:
The material products sold by the Holder
User: any person who accesses and uses the Application
Consumer User: the adult who enters into a contract for purposes outside of his/her entrepreneurial, commercial, artisanal or professional activity, if any
Conditions: this contract which regulates the relationship between the Holder and the Users and the sale of the Products offered by the Holder through the Application.
Scope of the Conditions
The use of the Application implies acceptance of the Conditions by the User. If the User does not intend to accept the Conditions and/or any other note, legal notice, information published or referred to therein, he/she may not use the Application or the related services.
The Conditions may be modified at any time.
The applicable Conditions are those in force on the date of transmission of the purchase order or request for supply of a Product.
Before using the Application, the User is required to carefully read the Conditions and save or print them for future consultation.
The Holder reserves the right to change at its discretion, at any time, the graphic interface of the Application, the Contents and their organization, as well as any other aspect that characterizes the functionality and management of the Application, communicating to the User, where necessary, the relevant instructions.
Purchase via the Application
All Products offered through the Application are described in detail on the relevant product pages (quality, features, availability, price, delivery times and costs, additional charges, etc.). Some errors, inaccuracies or small differences may arise between what is published on the Application and the actual Product. Furthermore, any images of the Products are only representative and do not constitute a contractual element.
Purchases of one or more Products through the Application are permitted to Consumer Users.
Purchases are permitted to people only on condition that they are of age. For minors, each purchase and/or request for supply of Products through the Application must be examined and authorised by parents or those exercising parental responsibility.
The offer of Products through the Application constitutes an invitation to offer and the order sent by the User will be considered as a contractual purchase proposal, subject to confirmation and/or acceptance by the Holder as described below. Therefore, the Holder will have, at its sole discretion, the right to accept or not the User's order without the latter being able to object or complain about anything for any reason whatsoever and/or reason.
The contract for the sale of the Products is considered concluded with the acceptance by the Holder of the User's contractual proposal. The Holder will accept the User's contractual proposal by sending the order confirmation to the email address indicated by the User, which will include the date of the order, the User's data, the characteristics and availability of the Product, the price or method of calculating the price, any additional charges and accessory taxes, the delivery address, the times and any delivery costs, the methods for exercising the right of withdrawal or its possible exclusion and the guarantee.
The contract for the sale of the Products is not considered effective between the parties in the absence of what is indicated in the previous point.
In the event that the Product is not available, the Holder will inform the User of the new terms of delivery or supply, asking whether he/she intends to confirm the order or not. It is understood that the contract will be considered perfected in relation to the Products accepted by the Holder.
The User undertakes to verify the correctness of the data reported in the order confirmation and to immediately communicate any errors to the Holder and will keep a copy of his/her order, the relative confirmation and the Conditions.
Prices and payments
For each Product, the price is indicated including VAT, if applicable. If the nature of the Product makes it impossible to calculate it in advance, the methods of calculating the price are indicated.
Furthermore, all possible taxes, additional costs and delivery costs that may vary in relation to the destination, the chosen delivery method and/or the payment method used will be indicated. If these expense items cannot reasonably be calculated in advance, there will be an indication of which costs will be charged to the User.
The Holder reserves the right to change, at any time, the price of the Products and all possible additional costs. It is understood that any price changes will not in any case affect contracts already concluded before the change.
The User undertakes to pay the price of the Product in the times and ways indicated in the Application and to communicate all necessary data requested.
All communications relating to payments take place using a connection protected by an adequate security system. The Holder guarantees the storage of this information with an additional level of security and in compliance with the provisions of the current legislation on the protection of personal data.
Billing
The User who wishes to receive the invoice will be asked for the billing data. For the issuing of the invoice, the information provided by the User will be valid, which he declares and guarantees to be true, releasing the Holder from any further indemnity in this regard.
Methods of delivery of material Products
The material Products (including any material goods with digital elements) will be delivered to the address indicated by the User, with the methods and within the time chosen or indicated on the Application and reported in the order confirmation. Unless otherwise specified, the delivery terms specified in the order confirmation indicate the period of time usually required to deliver the Product from the moment the courier takes charge.
In the event that it is not possible to supply the requested Products, the User will be promptly notified by email, with an indication of when it is expected to be able to deliver them or the reasons that make the supply impossible.
If the User does not intend to accept the new term or delivery has become impossible, he/she may request a refund of the amount paid, which will be promptly credited in the same payment methods used by the User for the purchase, within a maximum of 14 days from the date on which the Holder became aware of the refund request.
Upon receipt of the Product, the User is required to verify its conformity with the order placed and the integrity of the packaging. In the event that there is obvious damage to the packaging and/or the Product, the User may refuse delivery of the Product and may return it without any expense to him. Once the delivery document has been signed, the User may not raise any objection regarding the external characteristics of the Products delivered.
The Holder shall not be liable to any party or third party for damages, losses and costs incurred as a result of failure to execute the contract due to force majeure.
Right of withdrawal of Users from the purchase of material Products
The Consumer User has the right to withdraw without any penalty and without specifying the reason within 14 days from the date of receipt of the Product, by sending a written communication to the email address _______________, using the optional withdrawal form referred to in the following article or any other written declaration.
In the case of separate delivery of multiple Products, ordered by the Consumer User with a single order, the 14-day term for exercising the right of withdrawal starts from the day on which the last Product was received.
In the event of withdrawal, the User must return the Product to the Holder, without undue delay and in any case no later than 14 days from the date on which he communicated his decision to withdraw from the contract. The User will only bear the direct cost of returning the Product, unless the Holder has declared that he will bear it.
In the event of a correctly exercised withdrawal, the Holder will refund the payments received from the User, in the same payment methods used by the User for the initial transaction, without undue delay and in any case within 14 days from the day on which the User communicated his/her intention to withdraw from the contract.
The Holder is not required to refund the delivery costs, if the User has expressly chosen a type of delivery other than the least expensive type of delivery offered by the Holder.
The Holder, unless he/she has offered to collect the Product himself/herself, may withhold the refund until he/she has received the Product or until the Consumer User has demonstrated that he/she has sent it back.
The Holder will not accept the return in the event that the Product is malfunctioning due to improper use, negligence, damage or physical, aesthetic or superficial alterations, tampering or improper maintenance or wear and tear, absence of integral elements of the product (accessories, parts, etc.). In such cases, the Holder will return the purchased Product to the sender, charging the latter the shipping costs.
Cases of exclusion of the User’s right of withdrawal
The right of withdrawal from the contract of sale or supply of the Products by the User is excluded relatively:
to the supply of Products whose price is linked to fluctuations in the financial market over which the Holder is not able to control and which may occur during the downturn period
to the supply of custom-packaged or clearly customized Products
to the supply of Products that are at risk of spoiling or expiring quickly. This category includes all food products (including beverages) whose characteristics are subject to alteration even as a result of improper storage
to the supply of sealed Products that do not lend themselves to be returned for hygienic or health protection reasons and have been opened after delivery
to the supply of Products which, after delivery, are, by their nature, inextricably mixed with other goods
to contracts in which the User has specifically requested a visit by the Holder or a professional in charge for the purpose of carrying out urgent repair or maintenance work. If, on the occasion of such visit, the Holder or a commissioned professional provides services other than those specifically requested by the User or goods other than spare parts necessary to carry out maintenance or repairs, the right of withdrawal applies to such services or Supplementary material
to the supply of sealed audio or video recordings or sealed computer software that have been opened after delivery
to the supply of newspapers, periodicals and magazines except for subscription contracts for the supply of such publications
to contracts concluded on the occasion of a public auction
the provision of accommodation for non-residential purposes, the transport of goods, car rental services, catering services or services relating to leisure activities if the contract provides for a specific date or period of performance
For further clarifications please contact the Holder at e-mail _____________________.
Optional form to exercise right of withdrawal
The User may withdraw using the following form which must be completed in each part and sent to the e-mail address ______________________ before the expiration of the withdrawal period:
I hereby announce the termination of the contract of sale or supply relating to the following product __________
Order number:_______
Ordered on: _______
First Name and Surname: _______
Address: ______
E-mail associated with the account from which the order was placed: ____________________
Date: __________
Conformance Guarantee of Material Products for Consumer Users
Consumer Users are acknowledged the guarantee of compliance, provided for in art. 129 and following of the Consumer Code, for all material Products sold through the Application, except for the exclusionary assumptions provided for in Art.128 of the Consumer Code.
The Holder shall be liable to the Consumer User for any defects of conformity that occur within two years of delivery. During the first year, the Consumer User is not required to prove that the defect existed at the time of delivery as it is assumed that it already existed on such date, unless such assumption is incompatible with the nature of the Material Product or with the nature of the compliance defect.
If the Consumer User intends to avail of the remedies provided for in the compliance guarantee, he/she must send a written notification to the e-mail address _______________.
The Holder will give timely feedback and indicate to the Consumer User the procedure to be followed.
As far as not provided for in this clause, Articles 128 to 135-septies of the Consumer Code and Articles of the Civil Code shall apply to the formation, validity and effectiveness of contracts, including the consequences of the termination of the contract and the right to compensation for damage.
Industrial and Intellectual Property Rights
All contents of the Application, including texts, documents, trademarks, logos, images, graphics, their layout and adaptations, are protected by copyright and trademark protection regulations. The Application may also contain images, documents, logos and trademarks of third parties that have been expressly authorized by the Holder to be published in the Application. Except for strictly personal uses, you may not copy, alter, distribute, publish or use the Content without the specific permission of the Holder.
Disclaimer of Warranty
The Application is provided ”as is” and ”as available” and the Holder does not provide any express or implied warranty in relation to the Application, nor does it provide any warranty that the Application will meet the needs of Users or will not have never outages or will be error free or that will be virus or bug free.
The Holder shall endeavour to ensure that the Application is available uninterruptedly 24 hours a day, but shall not in any way be held liable if, for any reason, the Application was not accessible and/or operational at any time or for any period. Access to the Application may be suspended temporarily and without notice in the event of system failure, maintenance, repairs or for reasons entirely foreign to the Holder’s will or force majeure events.
Limitation of Liability
The Holder shall not be liable to the User, except in the case of serious injury or fault, for any disservice or malfunction connected with the use of the Internet network beyond its or its suppliers’ control.
The Holder shall also not be liable for damages, losses and costs suffered by the User as a result of the failure to perform the contract for reasons not attributable to him, being entitled only to any full refund of the price and any accessory fees sustained.
The Holder assumes no responsibility for any fraudulent and illegal use that may be made by third parties of credit cards and other means of payment, at the time of payment, if you demonstrate that you have taken all possible precautions in accordance with science and experience of the moment and according to ordinary diligence.
The Holder will not be liable for:
• any loss of business opportunity and any other loss, including indirect, suffered by the User that is not a direct consequence of the breach of contract by the Holder
• erroneous or unauthorized use of the Application by Users or third parties
• the issuance of incorrect tax documents or data due to errors relating to the data provided by the User, the latter being solely responsible for correct entry
In no event shall the Holder be held liable for a sum greater than twice the cost paid by the User.
Force majeure
The Holder shall not be held liable for non-performance or delay in performance of its obligations, for circumstances beyond the reasonable control of the Holder due to events of force majeure or, however, unforeseen and unpredictable events and, however, independent of its.
The performance of the obligations by the Holder shall be deemed suspended for the period during which events of force majeure occur.
The Holder shall perform any act within its power in order to identify solutions that allow the proper fulfilment of its obligations despite the persistence of force majeure events.
Linking to Third Party Sites
The Application might contain links to third party sites/apps. The Holder does not exercise any control over them and, therefore, is not responsible in any way for the contents of these sites/applications.
Some of these links might refer to third-party sites/applications that provide services through the Application. In these cases, the general conditions for the use of the site/application and the use of the service provided by the third parties will apply to the individual services, for which the Holder assumes no responsibility.
Privacy
The protection and processing of personal data will take place in accordance with the Privacy Policy which can be found at ________________________.
Applicable Law and Competent Court
The Terms are subject to Italian law.
For Consumer Users any dispute relating to the application, execution and interpretation of these Conditions shall be referred to the court of the place where the Consumer User resides or has chosen domicile, if located in the territory of the Italian State, saves the power for the User Consumer to go to a judge other than that of the "consumer forum" ex art. 66 bis of the Italian Consumer Code, competent for territory according to one of the criteria mentioned in art. 18, 19 and 20 of the Italian Code of Civil Procedure.
It applies to Consumer Users who do not have their habitual residence in Italy the possibly more favourable and irrevocable provisions provided for by the law of the country in which they have their habitual residence, in particular in relation to the deadline for the exercise of the right of withdrawal, the deadline for the return of the Products, in case of exercise of such right, the manner and formality of communication of the same and the legal guarantee of compliance.
Online Dispute Resolution for Consumer Users
Consumer Users residing in Europe should be aware of the fact that the European Commission has established an online platform that provides an alternative dispute resolution tool. Such tool may be used by the Consumer User to resolve non-judicially any dispute relating to and/or arising from contracts for the sale of goods and provision of services entered into on the network. Therefore, the Consumer User may use such platform for the settlement of any dispute arising from the agreement entered into online. The platform is available at the following address: ec.europa.eu/consumers/odr/
Date: April 19, 2024