The person responsible for this website is:

Digical Food srl
Via C. Matteucci
Croton 88900
P.Vat 03755370792

Owner contact email: digicalfoodsrl@gmail.com

To know at a glance

• Please note that certain provisions of these Terms may only be applicable to certain categories of Users. In particular, some provisions may apply only to Consumers or only to Users who do not act as Consumers. Such limitations are always explicitly mentioned in each affected clause. If not mentioned, the clauses apply to all Users.

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CONDITIONS OF USE

Unless otherwise specified, the conditions of use of this Website set out in this section have general validity.

Additional conditions of use or access applicable in particular situations are expressly indicated in this document.

By using this Website, the User declares to meet the following requirements:

• There are no restrictions referring to Users with respect to whether they are Consumers or Professional Users;

Registration

To use the Service, the User can open an account by indicating all the data and information requested in a complete and truthful manner.
You can use the Service even without registering or creating an account. In this case, however, certain functions may not be available.

It is the responsibility of the Users to keep their access credentials in a secure way and to preserve their confidentiality. To this end, Users must choose a password that corresponds to the highest level of security available on this Website.

By creating an account, the User agrees to be fully responsible for any activity carried out with his access credentials.
Users are required to inform the Owner immediately and unequivocally using the contact details indicated in this document if they believe that their personal information, such as for example the User account, access credentials or personal data, have been violated, unlawfully disclosed or subtracted.

Account closure

The User is free to close his account and cease using the Service at any time, following this procedure:

• By contacting the Data Controller at the addresses in this document.

Account suspension and cancellation

The Owner reserves the right to suspend or cancel a User's account at any time at its discretion and without notice, if it deems it inappropriate, offensive or contrary to these Terms.

The suspension or cancellation of the account does not give the User any right to compensation, reimbursement or indemnity.

The suspension or cancellation of an account for reasons attributable to the User does not exempt the User from paying any fees or prices that may be applicable.

Content on this Website

Unless otherwise specified or clearly recognizable, all content available on this Website is owned or provided by the Owner or its licensors.

The Owner takes the utmost care so that the content available on this Website does not violate applicable legislation or the rights of third parties. However, this is not always possible.
In such cases, without any prejudice to the rights and legally exercisable claims, Users are requested to address the related complaints to the addresses specified in this document.

Rights on the contents of this Website

The Owner holds and expressly reserves all intellectual property rights on the aforementioned contents.

Users are not authorized to use the contents in any way that is not necessary or implicit in the correct use of the Service.

In particular, but without exclusion, it is forbidden for Users to copy, download, share beyond the limits specified below, modify, translate, process, publish, transmit, sell, grant sub-licenses, transform, transfer / alienate to third parties or create works derived from the content available on this Website, to allow third parties to undertake such activities through their User account or device, even without their knowledge.

Where expressly indicated on this Website, the User is authorized to download, copy and/or share certain contents available on this Website exclusively for personal and non-commercial purposes and on condition that the attribution of the authorship of the work is observed as well as the indication of any other relevant circumstance requested by the Data Controller.

The limitations and exclusions provided for by the copyright law remain unaffected.

Access to external resources

Through this Website, Users may have access to resources provided by third parties. Users acknowledge and accept that the Owner has no control over these resources and therefore is not responsible for their content and availability.

The conditions applicable to the resources provided by third parties, including those applicable to any concessions of rights to content, are determined by the third parties themselves and regulated in the relative terms and conditions or, in their absence, by law.

Permitted use

This Website and the Service may only be used for the purposes for which they are offered, according to these Terms and in accordance with applicable law.

It is the sole responsibility of the User to ensure that the use of this Website and/or the Service does not violate the law, regulations or the rights of third parties.

Therefore, the Owner reserves the right to adopt any suitable measure to protect its legitimate interests, and in particular to deny the User access to this Website or to the Service, terminate contracts, denounce any reprehensible activity carried out through this Website Web or the Service to the competent authorities – p. eg. the judicial or administrative authority – whenever the User puts in place or there is a suspicion that he puts in place:

• violations of the law, regulations and / or the Terms;
• injury to the rights of third parties;
• acts that may considerably prejudice the legitimate interests of the Data Controller;
• offenses against the Owner or a third party.

TERMS AND CONDITIONS OF SALE

Paid products

Some of the Products offered on this Website as part of the service are subject to a fee.

The rates, duration and conditions applicable to the sale of such Products are described below and in the respective sections of this Website.

Product description

Prices, descriptions and availability of the Products are specified in the respective sections of this Website and are subject to change without notice.

Although the Products on this Website are presented with the utmost accuracy technically possible, the representation on this Website by any means (including, as the case may be, graphic materials, images, colors, sounds) is intended for reference only and not implies no guarantee regarding the characteristics of the purchased Product.

The characteristics of the selected Product will be specified during the purchase procedure.

Purchase procedure

Each phase, from the choice of the product to the placing of the order, is part of the purchase procedure.
The purchase procedure includes the following steps:

• Users are requested to choose the desired Product to make it appear in the purchase selection, indicating, where possible, quantities and specific characteristics.
• Users can review their choice, modify, add or remove items and, where required, provide specific instructions (for example "send it with a courtesy receipt").
• To access the checkout area, Users must click the relevant button.
• Within the checkout area, Users will be asked in subsequent steps to specify their contact details, billing and shipping address and a shipping and payment method of their choice.
• During the purchase procedure, Users may, at any time, modify, correct or replace the information provided and add a gift card, an affiliation code or a discount code (Coupon) or abandon the purchase procedure altogether without no consequence.
• After providing all the requested information, Users are requested to carefully check the order and, subsequently, confirm and forward it using the relevant button or mechanism on this Website, thus accepting the Terms and committing to pay the agreed price.

Sending the order

Sending the order involves the following:

• The sending of the order by the user determines the conclusion of the contract and gives rise to the User the obligation to pay the price, taxes and any additional charges and expenses, as specified on the order page.
• In the event that the purchased Product requires an active contribution from the User, such as the provision of information or personal data, specifications or special requests, the placing of the order also constitutes the User's obligation to collaborate with consequence.
• Once the order has been sent, a confirmation of receipt of the order will be sent to the Users.

All notifications relating to the purchase procedure described above will be sent to the e-mail address provided by the User for this purpose.

Prices

During the purchase process and before placing the order, Users are duly informed of all commissions, taxes and costs (including any shipping costs) that will be charged to them.

Prices on this Website:

• depending on the section that the User is consulting, they include all applicable commissions, taxes and costs or are indicated net of applicable commissions, taxes and costs.

Promotions and discounts

The Owner may offer discounts or special promotions for the purchase of the Products. Such promotions or discounts are always subject to the requirements and terms and conditions set out in the relevant section of this Website.

Promotions and offers are always granted at the sole discretion of the Owner.

Repeated or periodic promotions or discounts do not constitute any claim or right that can be enforced by Users in the future.

Depending on the case, discounts and promotions are valid for a certain period of time or while stocks last. Unless otherwise specified, the time limitations of promotions and discounts refer to the time zone of the Owner's office, as indicated in the contact details in this document.

Means of payment

The details of the accepted means of payment are highlighted during the purchase procedure.

Some payment methods are linked to additional conditions or involve additional costs. Detailed information can be found in the relevant section of this website.

All payments are managed independently by third party services. Therefore, this Website does not collect payment data - such as credit card numbers - but receives a notification once the payment is successful.

In the event that the payment made by one of the available means fails or is refused by the payment service provider, the Holder is not obliged to execute the order. Any costs or commissions deriving from the failed or refused payment are charged to the User.

Authorization for future payments via PayPal

In the event that the User authorizes the PayPal function that allows future purchases, this Website will store an identification code linked to the User's PayPal account. In this way this Website will be able to automatically process payments for future purchases or for the payment of periodic installments of a previous purchase.

The authorization can be revoked at any time by contacting the Owner or by changing the PayPal personal settings.

Retention of title

Until the payment of the full purchase price is received by the Owner, the User does not acquire ownership of the Products ordered.

Delivery

Deliveries are made to the address indicated by the User and in the manner indicated in the order summary.

At the time of delivery, Users must check the contents of the package and promptly report any anomalies to the contact details indicated in this document or as described in the delivery note. Users may refuse to accept the package if it is visibly damaged.

Delivery can take place in the countries or territories specified in the relevant section of this Website.

Delivery times are indicated on this Website or during the purchase procedure.

Delivery failure

The Owner is not responsible in any way for any delivery errors deriving from inaccuracies or omissions committed by the User in completing the purchase order, nor for any damage or delays occurring after delivery to the courier if the latter has been instructed by the 'User.

In the event that the goods are not delivered or collected at the time or within the established deadline, they will be returned to the Owner, who will contact the User to schedule a second delivery attempt or agree on further measures.

Unless otherwise specified, any delivery attempt starting from the second will be charged to the User.

Legal guarantee of conformity of the Product

According to European legislation, the seller guarantees the conformity of the goods sold for a minimum period of 2 years from delivery. Therefore, the seller is obliged to ensure that the purchased goods have the promised or reasonably foreseeable quality, functionality or characteristics for at least two years from the moment of delivery to the buyer.

If the Users act as European Consumers, the legal guarantee of conformity of the goods applies to the items available on this Website in accordance with the laws of the country in which they usually reside.

The national laws of that country may grant these Users broader rights.

Consumers who do not act as European Consumers may enjoy compliance guarantee rights under the legislation of the country in which they usually reside.

Limitation of Liability and Indemnity

European Users

Indemnify

The User undertakes to indemnify and hold harmless the Owner and its subordinates, affiliates, officers, agents, co-owners of the brand, partners and employees from any claim or demand - including, without limitation, legal fees and expenses - made by third parties to due to or in connection with any wrongful conduct such as your use of or connection to the Service, your violation of these Terms, your violation of third party rights or laws by you, your affiliates, officers, agents, co-owners, brand, partners and employees, to the extent of the law.

Limitation of Liability for User Activities on this Website

Unless otherwise specified and without prejudice to the applicable legal provisions on liability for product damage, any claim for damages against the Data Controller (or any natural or legal person acting on its behalf) is excluded.

The foregoing does not limit the Owner's liability for death, damage to the person or to physical or mental integrity, damage deriving from the violation of essential contractual obligations, such as the obligations strictly necessary to achieve the cause of the contract, and/or damage caused with willful misconduct or gross negligence, provided that the use of this Website by the User has been appropriate and correct.

Unless the damages were caused with willful misconduct or gross negligence or affect life and/or personal, physical or mental integrity, the Owner is liable only to the extent of the damage typical for the type of contract and foreseeable at the time of conclusion.

Common provisions

No implied disclaimer

Failure by the Owner to exercise legal rights or claims deriving from these Terms does not constitute a waiver of the same. No waiver can be considered final in relation to a specific right or any other right.

Interruption of the Service

To ensure the best possible level of service, the Owner reserves the right to interrupt the Service for maintenance purposes, system updates or any other changes, giving appropriate notice to Users.

Within the limits of the law, the Owner reserves the right to suspend or completely terminate the Service. In the event of termination of the Service, the Owner will ensure that Users can extract their Personal Data and information according to the provisions of the law.

Furthermore, the Service may not be available for reasons beyond the reasonable control of the Owner, such as force majeure (p. it is. strikes, infrastructural malfunctions, blackouts, etc.).

Resale of the Service

Users are not authorized to reproduce, duplicate, copy, sell, resell or exploit this Website or the Service in whole or in part without the prior written consent of the Owner, expressed directly or through a legitimate resale program.

Privacy policy

Information on the processing of Personal Data is contained in the privacy policy of this Website.

Intellectual property

Without prejudice to any more specific provision contained in the Terms, the intellectual and industrial property rights, such as copyrights, trademarks, patents and models relating to this Website are held exclusively by the Owner or its licensors and are protected under international legislation and treaties applicable to intellectual property.

All trademarks - word or figurative - and any other distinctive sign, company, service mark, illustration, image or logo that appear in connection with this Website are and remain the exclusive property of the Owner or its licensors and are protected pursuant to of the legislation and international treaties applicable to intellectual property.

Changes to the Terms

The Owner reserves the right to change the Terms at any time. In this case, the Owner will give appropriate notice of the changes to the Users.

The changes will affect the relationship with the User only for the future.

Your continued use of the Service constitutes your acceptance of the updated Terms. If the User does not wish to accept the changes, he must cease using the Service. Failure to accept the updated Terms may result in either party being entitled to withdraw from the Agreement.

The previous applicable version continues to govern the relationship until accepted by the User. This version can be requested from the Data Controller.

If required by applicable law, the Data Controller will specify the date by which the changes to the Terms will come into force.

Transfer of the contract

The Owner reserves the right to transfer, assign, dispose of, novate or contract out individual or all rights and obligations under these Terms, having regard for the legitimate interests of Users.

The provisions relating to the modification of these Terms apply.

The User is not authorized to assign or transfer their rights and obligations under the Terms without the written consent of the Owner.

Contacts

All communications relating to the use of this Website must be sent to the addresses indicated in this document.

Safeguard clause

If any of the provisions of these Terms should be or become null or ineffective under the applicable law, the nullity or ineffectiveness of this provision does not cause the remaining provisions to be ineffective, which therefore remain valid and effective.

USA users

Any invalid or ineffective provision will be interpreted and adapted to the extent necessary to make it valid, effective and compliant with the original purpose.
These Terms constitute the entire agreement between the User and the Owner with reference to the regulated object and prevail over any other communication, including any previous agreements, between the parties regarding the regulated object.
These Terms will be implemented to the fullest extent permitted by law.

European users

If a provision of these Terms should be or become null, invalid or ineffective, the parties will endeavor to identify amicably a valid and effective provision replacing the null, invalid or ineffective one.
In the event of failure to agree within the aforementioned terms, if permitted or provided for by applicable law, the null, invalid or ineffective provision will be replaced by the applicable legal discipline.

Notwithstanding the foregoing, the nullity, invalidity or ineffectiveness of a specific provision of these Terms does not result in nullity of the entire Agreement, unless the null, invalid or ineffective provisions under the Agreement are essential or of such importance, that the the parties would not have concluded the contract if they had known that the provision would be invalid, or in cases where the residual provisions would entail an excessive and unacceptable burden for one of the parties.

Applicable law

The Terms are governed by the law of the place where the Data Controller is established, as indicated in the relevant section of this document regardless of the conflict rules.

Exception for European Consumers

However, regardless of the foregoing, if the User acts as a European Consumer and has habitual residence in a country whose law provides for a higher level of consumer protection, this higher level of protection prevails.

competent forum

The exclusive competence to know any dispute deriving from or in connection with the Terms rests with the judge of the place where the Owner is established, as indicated in the relevant section of this document.

Exception for European Consumers

The foregoing does not apply to Users acting as European Consumers or Consumers located in Switzerland, Norway or Iceland.

Dispute Resolution

Amicable settlement of disputes

Users can report any disputes to the Owner, who will try to resolve them amicably.

While Users' right to take legal action remains unaffected, in the event of disputes relating to the use of this Website or the Service, Users are kindly requested to contact the Owner at the contact details indicated in this document.

The User can address a complaint to the e-mail address of the Owner indicated in this document, including a brief description and, if applicable, the details of the order, purchase or account concerned.

The Data Controller will process the request without undue delay and within 21 days of its receipt.

Consumer dispute resolution platform

The European Commission has introduced an online platform for alternative dispute resolution that favors the out-of-court settlement of disputes relating to and arising from online sales and service contracts.

Therefore, every European Consumer can use this platform to resolve any dispute arising from contracts concluded online. The platform is available here.