These General Terms and Conditions of Sale (“T&C”) are the only agreement between the Users (as defined below) and Cipriani Industria S.p.A. which governs the use of the website www.cipriani.com (hereinafter, the “Website”), the offer, issue, acceptance of online orders, delivery of the Products and Services purchased on the Website and sold by Cipriani Industria S.p.A., with registered office in Losson della Battaglia – 30020 Meolo (VE) via capo d’argine 45, fiscal code and VAT number IVA 01836320273 (the “Company” or “Cipriani”).
Any further information can be directly requested to Cipriani, by email to the following email address: email@example.com
Cipriani, in line with its guidelines of fairness and transparency, invites each user of its Website (hereinafter the “User”), before browsing the Website, to carefully read these T&C which govern the services offered on the Website. If the User does not intend to accept these T&C and/or any other note, legal notice, information or limitation of liability published on the website, the User shall not use the relevant Services (as defined below).
In these T&C, in addition to the terms already defined in these T&C, the terms listed below shall have the following meaning:
Carrier: means the transport company or person in charge of the delivery of the products to the User.
Company: means Cipriani Industria s.p.a., as identified above.
Guest User: means the user who browses the Website and/or uses the functions and/or the Services without registering on the Website or without subscribing to any Services.
Products: means the products sold on the Website.
Registered User: means any user who registers him/herself by giving personal information to access the Service which can be used only prior Registration (as defined below) to the Website.
Service: means individually or collectively any function offered by the Website, either for free or not, and offered directly by the Company or by third parties with our support.
User: means collectively the Guest User or the Registered User and in any case any person who uses or is about to use the Services and/or the Website.
Website: means the website at the address www.cipriani.com, but also all internet addresses (e.g. URLs, domain and pages) which Cipriani controls or manages or which are used to offer or supply the Services as well as all mirrors, substitutions and backups and all web pages included by the websites, including all current or future versions of the Website www.cipriani.com, as well as any applications which give access to the website or the Services.
2. TERMS AND CONDITIONS
The use of the Website by each User, regardless of him/her being a Guest User or a Registered User (as defined below), is subject to the terms and conditions set out in these T&C, even if the User does not use any of the Services or functions available on the Website.
Any amendment to the T&C and/or the relevant Services shall be effective from the time when these are published on the Website and shall be applicable only to the sales executed thereafter.
The Company shall inform the Users of such amendments to these T&C or to the functions/limitations of the Services and/or to their costs by publishing them on the Website, and for the Registered Users by specific communication sent by email to the email address indicated at the time of the registration on the Website and/or later.
The amendments and updates shall be deemed accepted by the Users by using the Website after such amendments to the T&C have been published on the Website.
If the User does not agree with such amendments, he/she is invited not to use the Website and, if he/she is a Registered User, he/she is entitled to cancel his/her account, by clicking on “My Account”.
3. AGE AND RESIDENCE
The Website and the Services are only for Users who are 18 years old. By accepting these T&C, the User represents and warrants to be older than 18 (eighteen) years.
4. BROWSING AND REGISTRATION TO THE WEBSITE
Browsing of some sections of the Website and the use of the Service offered on the Website may be available only to Registered Users. The Company has the right to grant free access also to Guest Users to the areas of the Website usually reserved to Registered Users. To fully use the Services offered on the Website it is necessary to register on the Website.
4.1. How to register on the Website
To fully use the Services, the User shall register by giving some personal information (hereinafter, the “Registration”), including a valid email address and by creating a personal account (hereinafter, the “Profile”), by following the relevant registration procedure as explained step by step when registering, to allow the Company to have a profile sufficient to supply the Services. It is not allowed to create and/or use more than one Profile.
The User who intends to register or subscribe to the Service by applying for a Registration and by selecting the Services represents and warrants that the personal data are true, correct, updated and they refer to the person who inserts them and he/she shall be held liable if such information is incorrect or untrue. If the data of the User change, the User shall inform the Company as soon as possible.
The Registered User is entitled to access his/her Profile at any time to update or modify his/her data, including the information about his/her preferences. It is understood that the Registered User shall be exclusively responsible for the truthfulness of such information and to update it.
Through the Website, Cipriani offers the following Services:
making bookings to the Cipriani restaurants and bars;
browsing the Products sold online;
ordering and buying the Products offered on the Website.
6. SALE OF THE PRODUCTS
6.1. Products sold online and Prices
Any picture of the Products is merely representative and has the only purpose to present the Products. The Company waives any responsibility and does not give any warranty on the correspondence of the graphic design of the Products published on the Website to the graphic design of the Products delivered.
All prices are inclusive of VAT. The delivery fee and management service fee are not included in the price unless expressly indicated.
6.2. Products purchased by a Guest User
If a Guest User intends to purchase the Products from the Website, he/she shall select the reference status, look at the Products available to be purchased and select the ones that he/she intends to purchase by adding them to the trolley.
At the end of each purchase, by clicking on “trolley”, the Guest User can (i) check the Products added in the trolley, the relevant price and the overall cost of each purchase, in addition to the delivery fee (ii) add or cancel the selected Products by clicking on the relevant signs and (iii) finalise the purchase by clicking on “Proceed to Checkout”.
In the section “Checkout”, the Guest User shall confirm his/her delivery address and invoice details and finalise the purchase order by paying through one of the methods of payment available in the section “payment”.
A delivery fee (if applicable) to be paid by the User will be indicated together with the price of the products.
The amount to be paid for the purchase together with the delivery fee (if applicable) will be debited only after the acceptance of the order by Cipriani.
6.3. Products purchased by a Registered User
Further to the Registration to the Website by the Registered User, the Registered User shall be entitled to purchase the Products by single purchase order by selecting each time the Products that he/she intends to receive, pursuant to the procedure set out in paragraph 6.2 above, save for the non-applicability of certain steps given that certain data have already been given at the time of the registration.
6.4. Purchase order
The purchase agreement is deemed executed when Cipriani, once the order made by the User has been received, checks the correctness of the data and sends to the User an order confirmation by email. Once the agreement is executed, Cipriani shall process the order of the User. The acceptance of the purchase order by Cipriani entails the immediate debit of the amount of the order according to the payment method selected by the Guest Users.
Cipriani is entitled to refuse or not to proceed with purchase orders of Products sold online: (i) which are incomplete or incorrect or (ii) if the Products are not available or (iii) for purchase orders whose payment was not successful or (iv) upon discretion of the Company, or (v) if the address indicated by the User at the time of the order is not correct; in this event the User will be informed by email that the order was not successful specifying the reason and suggesting a solution.
6.5. Purchase price and payment methods
To purchase Products, the User shall select one of the payment methods available on the Website.
6.5.1. Payment methods
The payment may be made by credit card, through Mastercard, Visa, American Express and linked circuits, Apple pay.
7. DELIVERY OF THE PRODUCTS
The Company shall organise the delivery of the Products to the domicile indicated by the User by professional Carriers.
The Company shall deliver the Products only in Italy. Unless expressly agreed in writing, for the delivery it is necessary for the User or his/her delegate to be at the address at the time indicated on the order.
7.2. Claims for defective Products
At the time of the delivery the User or the person in charge of receiving the delivery shall verify that the parcel is not damaged or altered. Any damages to the parcel and/or the Products shall be immediately notified by the User, by specifying the damage on the delivery note of the Carrier (by way of example “Holes in the parcel”, “Open parcel”).
For any damage to the Products, other than damages due to the deterioration of the food or due to the mere imperfection of the parcel, the User shall contact the Company to the following email address firstname.lastname@example.org by specifying the damages and sending evidence of the damages such as pictures.
The warranty for defective Products is valid for two years from the delivery date. Any defect shall be communicated to Cipriani by 2 months following the date on which the defect is discovered.
Once the Company has ascertained the presence of defects on the Products, the remedies provided by the legal warranty are (i) repairing and replacement of the item, as an alternative to be chosen by the User or (ii) price reduction or termination of the agreement, as an alternative to be chosen by the User if (a) the repair or replacement are not possible or too expensive; (b) the repair or replacement are too late compared to the reasonable time provided; and (c) the repair and replacement caused material inconvenience to the User.
7.3. No delivery
The User acknowledges and accepts that if the Products are not delivered because he/she (or the person in charge of receiving the delivery) is not present at the time of the delivery, the Products shall not be reimbursed and the relevant amount shall not be credited to the User.
If Cipriani cannot deliver the Products, Cipriani shall reimburse the relevant amount to the User.
The Company shall not be liable for any delays during the delivery. Equally the Company shall not be liable for any loss, damage, incorrect delivery or no delivery due to force majeure, such as by way of example but not limited to: natural events, adverse atmospheric conditions (like for example heavy snow), strikes (of its or third parties employees), transport accidents, explosions or any other cause, similar or different, which is outside the Company’s control and not imputable to the Company, even if pre-existing, which makes impossible or more onerous the full or partial execution of the agreement.
8. NO RIGHT OF TERMINATION
As to the right of termination, the User declares to be informed and to accept the Products which are products which “risk to deteriorate and expire rapidly” and “sealed goods which cannot be returned for their nature for hygiene reasons or reasons linked to health reasons and which have been opened after the delivery”, subject to alteration also in consequence of an incorrect storage, also pursuant to article 59, paragraph 1, letter d) and e) of Legislative Decree dated 6 September 2005, no. 206 (Code of Consumers). Therefore, the User declares to be informed and to accept that the termination right is not applicable to the Products purchased on the Website.
9. OBLIGATIONS OF THE USER
The User undertakes not to use the Website and/or any related Service for illegal use or uses not provided by these T&C. The User shall not use the Website or any related Service to damage or prejudice the Website or interfere with the use and enjoyment of the Website or any related Service by other Users.
The Registered User shall keep the credentials to access his/her Profile and he/she is responsible for any use of the Website from any person who may access his/her Profile using the relevant credentials. The Registered User undertakes in any event not to (i) use machines, algorithms, software or any other automatic functions to generate the upload of pages or materials, (ii) generate the upload of pages, through chains, emails or any other means by which it is requested to a person or a group of persons to consult a page and (iii) immediately notify the Company in the event of a breach of security of the Profile.
10. LIMITATIONS OF LIABILITY
The Company undertakes to adopt any measure necessary to store the Products exclusively until the delivery at the address indicated by the User; the Company shall not be liable for deterioration of the Products after the delivery or at other authorised addresses as indicated by the User.
Any claims on the quality of the Services shall be notified, under forfeiture, within 48 (fortyeight) hours after the delivery by sending an email to email@example.com by attaching also any relevant pictures.
The Company shall not be liable for any damages caused by the non-accessibility of the Services due to connection issues, providers issues or telephone and/or telematics connections which are not under the Company’s control, or due to the lack and/or non-functioning of the User’s devices.
The Company shall not be liable for any contents created or published on third parties’ websites, to which the Website contains a link (“link”). The User who decides to browse a website linked to the Website shall do so at his/her own risk and shall adopt any measure necessary to prevent virus or other malware.
11.TERMINATION. END OF THE SERVICES
The Company is entitled to delete the Profile and/or not to grant access to the User and not to browse the Website and not to use the Services or part of them, at any time with immediate effect, in the event of breach by the User of his/her obligations as set out under Articles 4.1 (Registration to the Website), 6.5 (Purchase price and payment methods), and 9 (Obligations of the User). In relation to these Users, Cipriani is authorised without any prior communication to cancel the orders already made and not yet delivered.
The access to the Website shall also be temporarily suspended in the event of technical problems or for maintenance reasons. Any of these interruptions will be communicated on the Website if possible.
At any time, the Company can improve and/or change the Website and the Services if this is necessary for technical reasons or to comply with applicable laws.
The Company shall cease, in whole or in part, to supply Services at any time by giving a reasonable notice to allow the Users to receive the orders already made. In this event, the Company shall immediately inform the Registered Users by email and to all Users by notice on the Website.
12.ADDITIONAL INFORMATION. SUSPENSION OF THE SERVICES
The Company is entitled to request additional information to the User or copies of documents which evidence the ownership of the card used.
The Company is entitled to reject the purchase order and/or terminate with immediate effect the obligations arising from these T&C pursuant to Article 11 (Termination. End of the Services) above, if the User does not provide information and/or copies of documents which prove the ownership of the card used for the payment of the Products ordered.
Without prejudice to the right of termination of these T&C by the Company with immediate effect pursuant to Article 11 (Termination. End of the Services) above, the Company shall also be entitled to suspend in whole or in part the Services in the event of insufficient funds to purchase the Products ordered.
In no event the Company shall be held liable for fraudulent use of the credit card by third parties at the time of payment of the Products purchased on the Website.
14. APPLICABLE LAW. DISPUTES
14.1. Applicable law
These T&C, including the documents mentioned herein and the legal notes published on the Website and in general any relationship between the Company and the Users are governed by Italian law and shall be construed accordingly.
14.2. Extra-judicial conciliation
According to article 49 paragraph 1 letter V of Legislative Decree dated 6 September 2005 no. 206 (Code of Consumers), the Registered User is entitled to use the joint conciliation (the “Joint Conciliation”).
This procedure can be started if the Registered User, after having submitted a claim to Cipriani, has not received an answer by 30 days or he/she has received an answer which is not deemed to be satisfactory.
The Registered User who intends to use the Joint Conciliation shall send a request to the following address: firstname.lastname@example.org
According to article 14 of Regulation EU no. 524/2013, the Registered User can also use the “ODR Platform” (Online Dispute Regulation), by clicking the following link: http://ec.europa.eu/odr
14.3. Other disputes
Any disputes in relation to the Website and the use of the relevant Services, which cannot be solved through the Joint Conciliation set out under Article 14.2 above, shall be subject to Italian courts and in particular to the competent court based on the residence or domicile of the User, if the User does not have residence or domicile in Italy, any disputes shall be subject to the court where the Products have been delivered.
Acceptance of these T&C pursuant to articles 1341 e 1342 of the Italian Civil Code.
Pursuant to articles 1341 e 1342 of the Italian Civil Code, the parties declare to have read and understood and to expressly approve the following Articles: 2 (T&C), 4 (Browsing and Registration to the Website), 6 (Purchase of the Products), 7 (Delivery of the Products), 8 (No Termination right), 9 (Obligations of the User), 10 (Limitation of liability) 11 (Termination. End of the Services), 12 (Additional Information. Suspension of the Services) and 14 (Applicable Law. Disputes).