(Last updated 28-06-2019)
These general conditions (the "General conditions") define the general terms and conditions of use of the services business to consumer and services business to business offered by Salumeria Toscana in the name of the Taverna del Castello di Fontanelli Alessandro, VAT number 06694310480, via castelfalfi castello 57, Montaione 50050 Florence, and its extensions accessible through mobile applications (the " Site").
Before starting to browse the Site and in any case before using and registering with the section of the Site that offers the services business to consumer (the "B2C platform") or to the section of the Site that offers the services business to business (the "B2B platform") we invite users to carefully read these General Conditions. It is understood that the General Conditions include any notes, legal notices, information or disclaimerpublished on the Site in relation to the services offered by the Company as well as the terms referred to through links to this page.
Access, navigation and use of the Site and its freely accessible uses constitutes express acceptance of the terms set out in these General Conditions which require registration on the Site or its Platforms and therefore involves the obligation to respect them.
To use all the services offered by the Company through the Platform, registration on the Platform is required as well as full acceptance of the General Conditions.
In the event that you do not intend to accept in whole or in part these General Conditions, or any other note, legal notice, information or disclaimer published on the Site, we invite you not to use the Site, its Platforms and services.
In addition to the terms defined elsewhere in these General Conditions, the terms listed below will have the meaning attributed to each of them:
- "Buyer": means any natural or legal person, registered on any of the Platforms, who purchases the products made available by the Sellers, including B2C Buyers and B2B Buyers, through the Platforms;
- "B2C buyer": means the Buyers registered on the B2C Platform, as defined in the B2C General Conditions;
- "B2B buyer": means the Buyers registered on the B2B Platform, as defined in the B2B General Conditions;
- "Platforms": means the B2C Platform and the B2B Platform;
- "Tuscan delicatessen services ": means B2C Services and B2B Services offered through the Platforms;
- "Users": means users who access the Site, including Buyers and Sellers;
- "Registered users"means the Users who have completed the Registration on any of the Platforms;
- "Seller": means any natural or legal person, registered on any of the Platforms, who professionally carries out the production of agri-food products and who, through the Platforms, make products of their own production or third parties available for purchase.
The Company reserves the right, at any time, to modify, supplement and / or cancel, in whole or in part, the Salumeria Toscana Services, the policies, these General Conditions, and any accessory document to offer new products or services or to adapt to market needs or legal and regulatory provisions. In this case, we undertake to notify Users of the contractual changes by publishing a notice on the Homepage of the Site or, as the case may be, of the B2C Platform or the B2B Platform and to update the General Conditions.
The User undertakes to regularly check the General Conditions and expressly agrees that his use of the Platforms, following the communication of the change, constitutes an unequivocal manifestation of their acceptance.
Where a User does not intend to accept the changes made by the Company, he will have the right at any time to request the cancellation of his Account by following the procedure available on his personal area of the Site or by writing an email to firstname.lastname@example.org with the subject "Account Cancellation" .
To use the Salumeria Toscana Services, it is necessary to register with the B2C Platform or the B2B Platform respectively and then create your own personal account (the "Account") providing some personal information, indicating a valid e-mail address and, in general, following the registration procedure illustrated from time to time.
The Account is considered personal for the purpose of selling and purchasing products through the Platforms and therefore cannot be used on behalf of other natural or legal persons, nor can multiple Accounts be created for the same User.
Registered Users undertake to promptly update the data provided during registration in the event of subsequent changes and changes. Registered Users will be solely responsible for the truthfulness, completeness, accuracy and updating of such information.
The Company also reserves the right to validate, directly or through third parties, the Accounts of Registered Users on the Platforms, as well as the truthfulness of the information provided, where they do not comply with the requirements set out in paragraph 3.2 below or there is reason to believe that the information communicated is false. Notwithstanding the foregoing, the Company does not guarantee in any way the identity of the Registered Users who use the Platforms.
For registration purposes, the Seller who registers as a legal person must have been established and authorized to operate in one of the countries indicated on the respective Platform that he intends to use.
In the interest of the Buyers and in the interest of the Company to offer high quality services, the Company carefully selects the Sellers who can register on the Platforms and offer their products. For this reason, the Company reserves the right, at its sole discretion, not to accept the registration request from Sellers who do not comply with certain product quality and honesty and commercial transparency criteria.
The User is required to maintain the secrecy and security of his e-mail address and password (the "Credentials") chosen when registering on any of the Credential Platforms.
The Registered User cannot communicate their Credentials to third parties (who are not authorized to use the Account).
In case of compromise of the Credentials, the Registered User is required to promptly notify us by writing to email@example.com, in order to be able to suspend the Account and avoid unauthorized transactions. The suspension of the Account by the Company requires a minimum period of 1 business day from the date of receipt of the communication.
In no case can the Company be held liable for costs, expenses or damages incurred by the Registered User for the loss of their Credentials not promptly communicated or incurred during the minimum term of suspension of the Account by the Company referred to in the previous paragraph.
The use of the Platforms, and the Site in general, may be subject to restrictions, such as limits on the volume of transactions or limits on the purchase of certain products. These limits are established based on performance and risk factors, including but not limited to our assessment of the risks associated with the Registered User's Account and its location.
In case of violation of the applicable legal provisions, of these General Conditions, or of the guidelines, notes, disclaimers or further notices published by the Company on the Site by a Registered User, the Company reserves the right, at its sole exclusive discretion, to (i) remove or modify the contents published by the Registered User on the Platforms and / or (ii) prevent access to the Platforms, to suspend or, in the cases listed in Article 11 below, delete the Registered User's Account .
4.1. REVIEWS AND COMMENTS
Upon completion of each sale, Buyers will have the right to issue, as appropriate, a comment and a rating on the Seller, a comment on the related products purchased and, in general, on the shopping experience. To this end, each Buyer undertakes not to publish comments having illicit, obscene, abusive, intimidating, defamatory content, or in violation of privacy, intellectual property rights or otherwise offensive to the Company and / or third parties or to political propaganda, commercial solicitation, viruses, chain letters, mass e-mails or any other form of spamming. In addition, the Buyer undertakes to comply with the regulations for issuing and publishing comments on the Platforms available in the "Desk" section - "My comments" sub-section (which can be accessed by logging in, using your own Credentials) as well in the section "Review Rules" .
The Company reserves the right to remove or modify the content published in violation of these General Conditions or the applicable legislation.
4.2. USER PROVIDED CONTENT
In no case may the User use a false e-mail address, pretend to be another person or subject or in any other way lie about the origin of the content uploaded by the same.
The User will be the one and only responsible for the content uploaded to the Platforms, as well as, by accepting these General Conditions, declares and guarantees
(1) to have the ownership or in any case the full availability of all the rights relating to the published contents, including the full right to publish them;
(2) that, on the date the content or material is published:
(the) the content and material are accurate and relevant;
(ii) the use of the content and material provided does not violate any of the Company's policies and guidelines; is
(iii) the published content does not violate the rights of third parties.
If the User believes that content, of any kind, published on any of the Platforms or used within the Salumeria Toscana Services, contains a defamatory statement or that its own intellectual property right has been violated due to the publication of certain information on any of the Platforms, we invite the User to send us an email to firstname.lastname@example.org with all the information necessary to evaluate the case and promptly eliminate any possible content where the violation incurred by any of the Users or third parties.
Except in cases where any liability is attributable to the failure to remove illegal content following the receipt of a suitable report to email@example.com, the User undertakes to indemnify and hold harmless the Company from all legal actions taken by third parties against the Company deriving from or otherwise connected with the contents and materials provided by the User and published on any of the Platforms.
5.1. USE PERMITTED
In no case may the User act as a payment service provider, intermediary, service agency, or otherwise resell the services offered by the Company on behalf of third parties, for example, by handling, processing and transmitting funds on behalf of third parties.
In using the Platforms, Users undertake to comply with the provisions of applicable law, regulations and rules of ethics and good use of network services. In particular, they undertake not to:
- violate the laws in force or simulate purchase negotiations and / or hold unfair commercial conduct;
- spread computer viruses or other technologies capable of damaging the Site or any of the Platforms or its Users;
- carry out actions that could cause an unreasonable overload to our technological infrastructures and that could interfere with the correct use of the Platforms by other Users;
- send chain letters or proposals for pyramid schemes; copy, reproduce, alter, modify or disseminate the contents published by the other "producers" without their express consent;
- circumvent the measures adopted in order to prevent or limit access to the Site and / or the Platforms and their use;
- duplicate and / or create Accounts other than your own, making them payable to fictitious names or in part with data common to other users already registered;
- in general, do not disturb, directly or through third parties, in any way the Salumeria Toscana Services or the use of the same by other Users.
Without prejudice to the provisions of this paragraph, under penalty of immediate cancellation of the Account and consequent interruption of Salumeria Toscana Services:
- the Registered User as a Seller undertakes not to contact, directly and / or indirectly, by any means other than the Platforms, the Buyers registered on them;
- the Registered User as a Buyer undertakes not to contact, directly and / or indirectly, by any means other than the Platforms, the Vendors registered on them.
5.2. OBLIGATIONS OF THE SELLER
The Seller undertakes to provide the Company with the information necessary for the use of the Salumeria Toscana Services, also undertaking to keep it updated and guaranteeing its truthfulness, completeness and accuracy. In particular, the Seller assumes all responsibility for the products sold through the Platforms and for the commercial information that it provides to the Company for the respective communications and publications on the Platforms. Consequently, the Company cannot in any way be held responsible for the illicit, illegitimate, false or inaccurate content of the information provided by the Seller, undertaking the Seller to indemnify and hold harmless the Company from any request in this regard.
The Seller undertakes with regard to the content of its offers to comply with all the provisions of the laws in force, with particular reference to the principle of contractual good faith and free competition.
The Seller undertakes to ship products compliant with those published on the Platforms on which it is registered.
In order to make the Company's marketing action more effective and to increase its sales volumes on the Platforms, the Seller undertakes to align, for the entire duration of the relationship with the Company, the sale price of its products practiced in all trades concluded outside the Tuscan Salumeria Platform at the respective sale price published on the latter  .
The Seller acknowledges that the non-fulfillment of the obligation referred to in this paragraph gives the Company the right to cancel the Seller's Account in accordance with the provisions of paragraph 11.3 below. (Suspension or cancellation of the Account by the Company ).
5.3 SELLER'S REPRESENTATIONS AND WARRANTIES
the Seller declares to (i) have all the powers to register on the Platform, use the services from the same offer and validly conclude contracts for the purchase and sale of products and execute them; (ii) have the authorization to use, publish, spend the related contents, brands, logos for the purpose of using the Services, (iii) have the licenses and permits necessary for the distribution, production and trade of the products sold as established by applicable laws and (iv) be in possession of any certificates necessary for export to European Union or non-EU countries indicated in the Membership Form or subsequently reported in writing. Any prejudicial consequence, of any nature, should result from the violation of the warranty obligation contracted with this point will remain the responsibility of the Seller, with the express obligation, on the part of the latter, to hold the Company harmless from any damage, claim, from whoever comes.
6.1. COPYRIGHT, DATABASE AND CONTENT RIGHTS
All content present or made available through the Site and the Platforms in the form of texts, graphics, logos, icon buttons, images, audio files, digital downloads, data and software collections, lists or other databases, are the property of Company or its content suppliers and are protected by Italian and international laws on copyright, industrial law and database rights.
It is not allowed to systematically extract and / or reuse data or parts of the content published on the Site without the express written consent of the Company. In particular, it is not permitted to use data mining, robots or similar acquisition or extraction devices to mine (one or more times), to reuse any substantial part of the Site, without our express written consent. In no case will the User have the right to create and / or publish his own database that reproduces substantial parts (eg prices and product lists) of the Site without the express written consent of the Company.
It is not allowed to download and reuse texts and photographic material produced by the Company without the express written consent of the Company and any contents authorized and used by users must clearly indicate the owner of the intellectual property, namely the wording "Salumeria Toscana", and redirect to one of the pages of the Site.
6.2. BRAND NAMES
The graphic material, logos, page headers, icon buttons, fonts and service marks included or made available through the Platforms are trademarks or distinctive signs of the Company.
The trademarks and distinctive signs of the Company may not be used in relation to products or services that are not of the Company, in such a way as to generate confusion among customers or in any way that could denigrate or discredit the Company.
All other trademarks not owned by the Company that appear on the Platforms are the property of their respective owners, who may or may not be connected, connected to the Company and / or sponsored by the same.
The ownership rights of the contents, including texts, photographs and anything else published on the Platforms by the user, (the " Contents") are owned by the Registered User who uploaded them through their Account.
Upon publication of the Contents on the Platforms, the Registered User grants the Company a perpetual, free, non-exclusive and unrestricted territorial license to use, reproduce, distribute, transfer to third parties, sub-license, view the Contents also in relation to to the supply of Salumeria Toscana Services as well as in the context of further services and commercial and / or advertising activities carried out by the Company, including, but not limited to, the promotion and redistribution of all or part of the Site or of any of its Platforms in any formed and through any distribution channel.
Notwithstanding the foregoing and unless otherwise agreed in writing with the Company, all photos, videos and / or other material directly created by the Company for the creation of the cd. "online showcase" of Registered Users and in any case for their use for the Salumeria Toscana Services is the exclusive property of the Company.
The Company undertakes to do everything possible to ensure that access to the Site, Platforms and Salumeria Toscana Services is provided without interruptions and that transmissions take place without errors. However, due to the nature of the internet, uninterrupted access and the absence of transmission errors cannot be guaranteed. Furthermore, access to the Site or to the individual Platforms may also be occasionally suspended or limited to allow for repairs, maintenance, or the introduction of new activities or services. Such interruptions will, if possible, be communicated on the single Platform.
At any time, the Company may make improvements and / or changes to the Salumeria Toscana Platforms and Services if this is necessary for technical reasons or in order to comply with current legislation.
The Company assumes no responsibility for content created or published on third party sites with which the individual Platforms have a hypertext link ("link"). The Company does not control these links and is not responsible for their contents or their use. The presence of links on the Platforms does not imply any acceptance by the Company of the material published on such websites or any other relationship between the Company and the managers of the same. The User who decides to visit a website connected to the individual Platforms or in any case to the Site does so at his own risk, assuming the burden of taking all necessary measures against viruses or other malware.
Users assume all responsibility for any damage that may derive to their computer system from the use of the Site and the Platforms.
Users who use the Platforms acknowledge and accept that the Company does not provide guarantees of any nature with regard to (i) the identity, legal capacity, seriousness of purpose or other characteristics of the Registered Users, (ii) the quality, lawfulness and safety of the products published on the Platforms, as well as (iii) the truthfulness and accuracy of the descriptions provided by Registered Users in relation to themselves and to any products they may promote through the Platforms.
The Company cannot be held responsible for (the) losses that are not a consequence of the violation of these General Conditions for any loss of business opportunity (including lost profits, revenues, contracts, presumed savings, data, goodwill or unnecessarily incurred expenses), (iii)any other indirect or consequential loss, foreseeable or not by the User at the moment in which he began to use the Salumeria Toscana Services. The Company will also not be responsible for any delay or failure to comply with the obligations set out in these General Conditions if the delay or failure derives from unforeseeable circumstances or due to force majeure.
The Company cannot be held responsible for any disservices caused by the Shipping Partners.
No request for compensation relating to the products delivered, to the non-delivery of the same or for other reasons will be able to exceed the amount of the purchase price of the products that generated the request for damages.
In the event of (i) violation of the User's obligations under these General Conditions (ii) violation of the declarations and guarantees given by the User and provided for in the General Conditions or in a separate agreement signed with the Company, the User will be required to indemnify and hold harmless the Company from and against any cost, loss, damage, liability or expense (including, by way of example, legal fees) arising from disputes, legal actions, assessments, investigations, inquiries or other proceedings promoted by any subject against the Company in relation to any of the aforementioned violations.
Until the date of cancellation of the Seller's account from the Platform and for the following 12 (twelve) months, the Seller undertakes to keep strictly confidential any confidential information (which is not in the public domain) relating to the operation of the Platform and related services. offered. It is also understood that in the event of a breach of the confidentiality obligations provided for in this Article, the Company will have the right to terminate the Agreement.
With regard to Registered Users, the General Conditions remain valid and effective until the date of cancellation of the Account.
11.1. CANCELLATION OF ACCOUNT
Buyers may request the cancellation of their Account at any time by means of a written communication via email, to the address firstname.lastname@example.org, with the subject "Account Cancellation".
Sellers may request, with a 1 month notice, the cancellation of their Account by means of a written communication via email, to the address email@example.com, with the subject "Account Cancellation".
The Company will also have the right to suspend and / or interrupt the Salumeria Toscana Services for the Registered User and prevent access to the Account (including, by way of example, the sums in the Account) in the following cases:
(the). the Registered User has provided false, incomplete, incorrect or misleading information (including, without limitation, any registration data) or has engaged in fraudulent or illegal conduct;
(ii). unauthorized or fraudulent uses of the Account associated with the Registered User or of the respective payment data are found or reported;
(iii). the Registered User has a high risk profile;
In the event of any of the cases provided for in this Article, the Company will inform the Registered User of the suspension of the relevant Account and of the reasons for such suspension, where possible, before it occurs or at the latest just after it, with the exception of cases in which such communication could compromise security measures or is prohibited by applicable law.
The Company will reactivate the User's Account only if the Registered User has remedied the alleged violations within 15 (fifteen) days from the date of receipt of the notification of the suspension. Otherwise, the Company will proceed with the cancellation of the Registered User's Account and give written notice to the user and the provisions of paragraph 11.4 below will apply.
Any request for Account reactivation must be made by email to firstname.lastname@example.org with the subject "Account Reactivation".
Notwithstanding the foregoing, if a Registered User does not use the Salumeria Toscana Services for a period of at least 24 (twenty-four) consecutive months, the Company will, after sending a notice by email, cancel the Account associated with that Registered User.
In any case, the Company reserves the right to take appropriate judicial initiatives, both civil and criminal, to protect its own rights and interests and the rights of third parties.
Within 8 (eight) days of receipt of the products, the B2C Buyer has the right to use the complaints service offered by the Company, reporting any defects in the products received and starting the related complaint or refund procedure. To this end, the B2C Buyer must follow the procedures indicated in the " Support "of the B2C Platform, it being understood that, otherwise, complaints and refund requests cannot be correctly handled by the team in charge of the Company.
13. RIGHT OF WITHDRAWAL
a) Cases of exclusion of the right of withdrawal
Pursuant to art. 59, paragraph 1, lett. d) and e) of Legislative Decree 6 September 2005, n. 206 (Consumer Code) (the "Consumer Code"), the right of withdrawal is excluded in relation to:
a) goods purchased by a B2C Buyer who is not a "consumer" pursuant to Article 3, paragraph 1, letter (a) of the Consumer Code and / or who requests an invoice;
b) assets that are likely to deteriorate or expire rapidly;
c) sealed goods which cannot be returned for hygienic reasons or related to health protection and which have been opened after delivery.
Without prejudice to the provisions of the previous paragraph (Complaints), with reference to the cases of exclusion of the right of withdrawal listed above, the B2C Buyer, in particular, is informed and accepts that the products that "risk deteriorating or expire rapidly" include all the food products, 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 through the B2C Platform that can be returned to the Seller, intact in the respective seal, and put back on the market without endangering the health of consumers.
Any right of withdrawal in favor of the Buyer for purchases of Fresh Meat must be considered excluded and this is because this contract relates to the sale of goods made to measure or clearly personalized. Likewise, the nature of the products (fresh meat) determines that they cannot be returned as this would cause their irreversible deterioration.
The Seller assumes no responsibility for the delay or failure to deliver the products due to force majeure or unforeseeable circumstances that may occur at any stage of production, processing and shipping.
The Seller will not be liable to any party or third party for damages, losses and costs incurred as a result of the failure to execute the contract for the reasons mentioned above, since the buyer is only entitled to a refund of the price paid.
The Buyer indemnifies the Seller for any liability arising from the issue of incorrect tax documents due to errors in the data provided by the Buyer, the latter being solely responsible for the correct insertion.
The Seller assumes no responsibility for the conservation of the product if it is not withdrawn from storage within the prescribed time.
b. Exercise of the right of withdrawal
The B2C Buyer will have the right to exercise the right of withdrawal, pursuant to art. 52 and ss. of the Consumer Code in relation to specific products, other than those listed in the previous paragraph (a), provided that these, after delivery, have not been opened or their seals altered.
In cases where the exercise of the right of withdrawal is permitted, the B2C Buyer has the right to withdraw from the purchase contract with the Seller for any reason, without the need to provide explanations and without any penalty.
To exercise the right of withdrawal, the B2C Buyer must send the Company, within 14 days from the date of delivery of the products covered by the purchase order, a written communication by e-mail to the following email address email@example.com with the subject "Exercise of the right of withdrawal", expressly declaring their will to withdraw and providing the following additional information:
the. purchase order number and date;
ii. delivery date of the purchase order;
iii. the name and address of the B2C Buyer;
iv. the indication of an email and telephone number of the B2C Buyer;
v. code of the article or of the articles for which the right of withdrawal is to be exercised.
The right of withdrawal applies to the product purchased in its entirety; therefore, if the product is composed of several components or parts, the right of withdrawal cannot be exercised only on part of the product purchased.
Upon receipt of the communication to exercise the right of withdrawal, the Company will open a file for the management of the return and notify the Seller of the exercise of this right, which must promptly arrange for the collection of the products that are subject to its own expense, by appointing a specific courier or, where agreed with the Company, any of the Shipping Partners. The Company will then communicate to the B2C Buyer the instructions on how to return the products provided by the Seller who must intervene no later than 14 days from the date of communication of the exercise of the right of withdrawal to the Company.
In case of exercise of the right of withdrawal, the full amount of the returned products will be refunded to the B2C Buyer within 14 days from the day on which the Company was informed of the decision of the B2C Buyer to exercise the right of withdrawal, without prejudice to the right of the Company to suspend the payment of the refund until the actual receipt of the products.
The refund will be made using the same payment method used by the B2C Buyer
14. FINAL PROVISIONS
In no case does the Company's failure to exercise its right to act against Users who fail to comply with these General Conditions does not constitute any form of waiver of the Company's rights, including those to act.
If any provision of these conditions is deemed invalid, null or for any reason unenforceable, this condition will in any case not affect the validity and effectiveness of the other provisions.
All communications envisaged and / or permitted pursuant to these General Conditions will be made electronically, by e-mail or by publishing notices and communications on the Site and / or on the Platform on which the Registered User is registered.
Users expressly acknowledge and accept that the notifications, information and other communications that we provide in electronic form meet the requirement of the written form, as required by law.
16. OUR CONTACTS
Registered office: Via Castelfalfi Castello 57, Montaione 50050 Florence (Italy)
VAT number 06694310480
These General Conditions are regulated and must be interpreted according to Italian law.
Without prejudice to the case in which the legislation provided for by Legislative Decree 206/2005 is applicable, in the event of disputes concerning the interpretation and application or the violation of these General Conditions, the related disputes will be referred to the Court of Florence where the Company has its registered office.
 For the sake of clarity, it is specified that the "sale price published on the Salumeria Toscana platform" means the final sale price, including the applicable transaction costs, including the management fee due to the Company.