Terms and Conditions
[www.dafabio086.com. ,FNV-Food Aps, P.iva 44700166, Godthåbsvej 201 02720 København , +45 53 87 89 95, dafabio086italianfood@hotmail.com]
Scope of Application
1.1 The sale of products through the website constitutes a distance contract governed by Chapter I, Title III (articles 45 et seq.) of Legislative Decree no. 206/2005 and by Legislative Decree no. 70/2003, which includes regulations on e-commerce.
1.2 The General Conditions of Sale may be modified at any time. Any changes and/or new conditions will be effective from the time of their publication on the Site. Users are therefore invited to regularly access the General Conditions of Sale and to consult the most updated version of the General Conditions of Sale before making any purchase. The applicable General Conditions of Sale are those in effect on the date of the purchase order submission.
1.3 The Restaurant offers a table reservation system and product sales on the website, conducting its e-commerce activity towards end-user consumers, i.e., any natural person acting on the Site with purposes not related to their commercial, business, or professional activities, if any. 1.4 The General Conditions of Sale exclusively govern the offer, transmission of reservations, and acceptance of purchase orders for products within the website, between the users of the website and the Restaurant-Seller, who conclude the distance contract.
Access to the Site and Subjective Order Limitations
2.1 By placing an order, the user/customer commits to directly contacting the Restaurant to ensure that the selected items for takeout or home delivery meet their personal specific needs, particularly regarding any allergies and/or food intolerances.
2.2 By placing an order, the user/customer accepts and declares that they are able to purchase alcoholic beverages, whose sale is prohibited in Italy to individuals under 16 years of age. The Restaurant reserves the right not to complete or to reduce the order containing alcoholic beverages, should it reasonably believe that the purchase was made by a person under 16 years of age.
Order Processing and Product Availability
3.1 After selecting products from the menu published by the Restaurant and providing all the information required for the order (takeout, delivery, delivery address, time selection, etc.), the Customer is able to send the order by proceeding to payment after carefully verifying the entered data.
3.2 Once the sale contract is regularly concluded, it will not be possible to modify it, as it involves food products prepared upon specific request and not suitable for storage, due to rapid expiration.
3.3 The products offered on the site are in limited number and, therefore, it may happen that a product becomes no longer available after the purchase order is submitted. In case of unavailability of the already ordered product, the user will be promptly informed by email or phone. The user will then be entitled to terminate the contract, in accordance with the provisions of art. 61, paragraphs IV and V, of the Consumer Code. If the payment of the amount due has already been made, the Restaurant will refund such amount without delay. This amount will normally be credited using the same means of payment used by the user for the purchase or a different method agreed upon between the user and the Restaurant. Any delays in crediting may depend on the banking institution, the type of credit card, or the payment solution used.
3.4 In the case of orders involving multiple products, if the unavailability concerns only some of the products, without prejudice to the rights granted to the user by law, particularly by Chapter XIV of Title II of Book IV of the Civil Code, and without prejudice to the application of art. 3.3, the Restaurant will notify the user via email or phone. The user will then be entitled to terminate the contract, limited to the product(s) that became unavailable, in accordance with the provisions of art. 61, paragraphs IV and V, of the Consumer Code. In the event that the user avails of the right to terminate according to art. 61, paragraphs IV and V, of the Consumer Code, in relation to the product(s) that became unavailable, or in any case where the payment of the amount due has already occurred, the Restaurant will refund the amount due in relation to such product(s) without undue delay. The refund amount will be communicated to the user via email or phone. This amount will be credited using the same means of payment used by the user for the purchase or through a different method agreed upon between the parties. Any delays in crediting may depend on the banking institution, the type of credit card, or the payment solution used. The resolution of the entire Order will be possible only in the case of evident and proven accessory of the Products subject to the overall Order that became unavailable compared to the other available Products.
3.5. The Restaurant reserves the right to cancel the order in case of excessive workload, adverse events, or any other cause, resulting in the refund of all payments already made, as regulated by the following article 4.2.
3.6. The Restaurant provides an estimated time for deliveries and pick-ups, which may change in cases of excessive workload, weather conditions, traffic, or any other circumstances beyond the control of the Restaurant, without guarantee of delivery.
3.7. In case of payment denial due to lack of authorization, the website will not process and send the order to the Restaurant.
Pricing and Payments
4.1. If the prices indicated in the online menu are higher due to incorrect indication, the Restaurant will notify the customer before preparing the order, allowing the customer to withdraw if the difference with the actual price is excessively high.
4.2. Payments can be made in cash, by electronic payment upon delivery, or by credit or debit card. In cases of non-execution or cancellation of the order, after the payment has been authorized by the bank or the card-issuing company, the payment will not be executed and the amount will be refunded to the Customer. The timing of the refund depends solely on the bank/company that issued the payment card, with no responsibility on the Restaurant for delays.
Delivery of Purchased Products
5.1. The obligation of delivery is fulfilled by the transfer of the material availability of the products to the user.
5.2. It is the user’s responsibility to check the conditions of the product that has been delivered or that they have picked up. Although the risk of loss or damage to the products, due to causes not attributable to the Restaurant, is transferred to the user when the user, or a third party designated by them and different from the carrier, physically takes possession of the product, it is advised that the user checks the number of products received and that the packaging is intact, not damaged, wet, or otherwise altered, including the sealing materials. It is in the user’s interest to immediately contact the Restaurant to report any anomalies (e.g., damaged packaging, wet package, opened products). Receiving the products without reservation indeed prevents the user from taking legal action against the courier and/or the Restaurant, in case of loss or damage of the products, except where the loss or damage is due to intentional misconduct or gross negligence by the courier and except for partial loss or damage not recognizable at the time of delivery, provided that, in this last case, the damage is reported as soon as known. If the packaging shows clear signs of tampering or alteration, it is also recommended that the user promptly notifies the Restaurant. If the products received are different from those ordered, without prior notice and authorized replacement by the Restaurant, it is recommended that the user promptly notifies the Restaurant.
Website Usage
6.1. The use of the site is allowed for exclusively personal, non-commercial purposes, in compliance with the regulations protecting copyright and intellectual property, related to the material published on the Site and the Site itself.
6.2. The Restaurant assumes no responsibility for temporary suspensions of the Site’s operation, even without any notice, whether for maintenance or causes beyond the control of the Restaurant.
Withdrawal
7.1. Withdrawal is expressly excluded by Article 59 of the Consumer Code (Legislative Decree no. 206/2005), as it concerns orders for products prepared upon request and subject to rapid deterioration.
7.2. The user may, however, attempt to contact the Restaurant to try, without any contractual obligation, to make the desired changes and, possibly, agree on the user’s withdrawal before the preparation of the dishes, with subsequent application of article 4.2.
Liability
8.1. The information contained in the menus is updated and detailed by the Restaurant, which assumes no responsibility for any failure by the Customer to report allergies or food intolerances when ordering. If the Customer, for themselves or for subjects on whose behalf they are ordering, needs to verify the allergens contained in the dishes offered on the menu, they are invited to directly contact the Restaurant before forwarding the order, thus ensuring the absence of substances capable of causing adverse reactions.
Privacy
9.1 The personal data of users-customers are processed in accordance with the General Data Protection Regulation no. 2016/679 (GDPR) and Italian legislation on the matter. 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.
Applicable Law and Competent Court
10.1 Contracts concluded between the users of the Site and the Restaurant are governed by Italian law and, for Consumers residing in Italy, by Legislative Decree 6 September 2005 no. 206 (Consumer Code), specifically referring to the regulation of distance contracts, and by Legislative Decree 9 April 2003 no. 70 on certain aspects concerning e-commerce.
10.2 Consumer users may take legal action in the court of the place where they reside or are domiciled in Italy. If the dispute concerns users who are not covered by the Consumer Code, exclusive jurisdiction is conferred to the Court where the Restaurant has its legal headquarters.