premise that
This website www.giacomazzi1968.it is owned by
Giacomazzi Srl, with registered office in Parma, via Bruno Buozzi n. 12/A,
fiscal code and p. 00698570348, registered in the Parma companies register with
REA PR - 158331, and is dedicated to the retail sale of bread, derivatives,
sweets and various foodstuffs. The Website is designed, built and managed
by Giacomazzi Srl and allows Users (as defined below) to:
view the Products (as defined below) that can be
purchased through the Website;
select the products they intend to purchase,
available for purchase;
use="" the="" products'="" home="" transport="" service;<="" span="">
pay the amount due to Giacomazzi Srl for the
purchase of the selected Products, according to the Service (as defined below)
chosen.
THE COMPANY, AS PART OF ITS POLICY OF FAIRNESS AND
TRANSPARENCY, INVITES EACH USER OF THE WEBSITE (HEREINAFTER "THE
USER"), BEFORE COMMENCING BROWSING THE WEBSITE, TO READ THESE TERMS AND
CONDITIONS CAREFULLY ("T&C") WHICH REGULATE THE SERVICES OFFERED
THROUGH THE WEBSITE.
IF YOU DO NOT INTEND TO ACCEPT THESE T&C AND/OR
ANY OTHER NOTICE, LEGAL NOTICE, POLICY OR DISCLAIMER PUBLISHED ON THE
WEBSITE/APP, PLEASE DO NOT USE THE WEBSITE OR ITS SERVICES.
terms="" and="" conditions="" of="" use<="" span="">
The use by the Website by each User, regardless of
whether he-she<="" span="">
is a Visitor User, a Registered User or a Customer (as defined below), is
subject to the terms and conditions set forth in these T&C, even if the
User does not use any of the Services or features available on the Website.
For the purposes of this agreement, the term
"T&C" refers to the set of general rules governing the use of the
Website and the Services, as well as to the special conditions governing the
use of the individual Services, including any documents invoked by the latter
or any other notes, legal notice, notice or disclaimer published on the
Website. The privacy policy (the "Privacy Policy"), the
"Help" section and any additional conditions listed in the various
sections of the Website are to be considered an integral and substantial part
of these T&C.
In the present T&C, in addition to the terms
defined elsewhere, the following terms will have the meanings attributed next
to each of them. In particular, it shall:
Products: products sold through
the website to customers;
Service: it is understood individually or
collectively any service and all the functions associated with it offered on
the website both free of charge and for a fee and offered directly by the
Company or by third parties with our contribution. The term
"service" includes, in the absence of specifications, the website and
all the services even paid, functions, and features that are offered within the
website and that are still made available by users;
Website: this is the website accessible at
giacomazzi1968.it. For clarity, it is specified that any reference to the
"website" contained in these T&C includes all current or future
versions of the website www.giacomazzi1968.it;
company:="" means="" giacomazzi="" srl;<="" span="">
Transporter: means the transport company or
freelancer delegated/or to the transport of the products to the user;
User: the visitor or registered user is understood
collectively and in any case anyone who uses or is about to use or use the
services and/or the website;
Visitor User: means the user who browse the website
and/or who uses the features and/or services made available to the general
public without registering to the website;
Registered user: means the user who subscribes by
providing personal information to obtain access to the use of the service
accessible only after registration to the website.
change="" in="" t&c<="" span="">
The Company reserves the right at any time, as
indicated below, to update, supplement and modify in whole or in part the terms
of these T&C and each of the documents invoked by them, including the
Privacy Policy, the Services and their characteristics, as well as, but not
limited to, the fees for the use of the Services published therein.
The User undertakes to
periodically view T&C, it is="" <="" span="">being understood that the Company will do what is
reasonably necessary and appropriate to bring to the Userโs knowledge, through
the Website itself, any change in T&C and/or Services.
Changes to the T&C and/or the related Services
will be effective from the time of publication on the Website and will be="" <="" span="">appl<="" span="">ied="" <="" span="">only
to sales concluded later.
The replacement of the present T&C with a new
version implies the automatic inapplicability, ineffective and irrelevant
against Giacomazzi Srl of the same in relation to purchases made after their
elimination from the Website and this also in the event that said T&C are
still accessible to the public and/ or through other sites internet, different
from the one above.
Changes and updates shall be deemed to be accepted
by Users by connecting to the Website or using the Website after the change has
been published on the Website.
If the User does not agree with the changes made,
the same is invited not to use the Website and, if it is a Registered User, you
can proceed to the cancellation of your account, by accessing the
"Profile" section of the Website, clicking on "Account" and
then "Delete Account".
age="" and="" residence<="" span="">
The Website and the Services offered are intended
exclusively for Users resident in Italy and abroad who have reached the age of
18 years (eighteenth). The Service is provided automatically by
computerized systems.
The User who intends to register or subscribe to
the Service by registering and after selecting the Services guarantees to be of
legal age, and that the personal data provided are truthful, correct, updated, referring
to the person who inserts or inserted them with the consent of the third party,
assuming all responsibility for the correctness and veracity of the information
provided. Should there be any changes in the data provided by Users, it
will be their responsibility to inform the Company of updates as soon as
possible.
registration="" on="" the="" website<="" span="">
The Company reserves the right to allow, even
temporarily, Visitor Users the use of the Service and access to certain areas
normally reserved for Registered Users.
4.1. How to register on the
Website
The User can choose to register by providing some
personal information (hereinafter, the "Registration"), indicating a
valid personal email address and creating their own personal account (hereinafter,
the "Profile"), following the relevant registration procedure
explained from time to time at the time of registration, to allow the Company
to have a sufficient purchase profile to provide the Services. The
creation and/or use of additional Profiles related to the family of already
registered Users is not allowed.
Registered Users may access their Profile at any
time to update or modify the data entered, including information relating to
their preferences. It is understood that the Registered User will be
solely responsible for the veracity and updating of this information.
4.2.="" e-mail<="" span="">
The Registered User undertakes to provide a
personal e-mail address, which he guarantees to have legitimately and to which
he accesses regularly. The Registered User also undertakes to promptly
update their registered email address on the Profile in case of
change. Profiles registered with the e-mail address belonging to persons
other than the Registered User or with temporary e-mail addresses may be deleted
by Giacomazzi Srl without notice. Giacomazzi Srl also reserves the right
to validate individual accounts where Giacomazzi Srl has reason to believe that
the e-mail addresses provided are not valid.
4.3.="" deletion="" of="" the="" profile<="" span="">
At any time, Registered Users can delete their
Profile by accessing the "Profile" section of the Website, clicking
on "Account" and then on "Delete Account".
products<="" span="">
5.1.="" offer="" to="" the="" public<="" span="">
All Products and prices indicated in the Services
constitute an offer to the public with the limitations and methods contained in
the Website itself and in these T&C.
5.2.="" layout="" and="" layout<="" span="">
The illustrative photographs of the Products are
purely representative and have the sole purpose of presenting the
Products. The Company consequently declines all liability and does not
give any guarantee with reference to the correspondence of the graphic layout
of the Products published on the Website and that of the Products delivered.
5.3.="" prices<="" span="">
All sales prices of the products displayed and
indicated within the website www.giacomazzi1968.it and related property domains
include VAT and any other taxes related to the product purchased.
The total cost of the shipment to the customerโs
home is charged to the customer, unless otherwise agreed. Such eventual
cost will in any case be announced to the customer before the confirmation of
the purchase.
purchase="" of="" products<="" span="">
The Registered User, by connecting to the Website,
can select the city of reference and the date chosen for the delivery of the
shopping as well as view all the Products available for purchase, selecting
those of your interest and adding them to the cart.
After the single expense the
Registered User can:
check the Products added to the cart, the relative
purchase price and the total cost of the single expense;
confirm="" your="" shipping="" and="" billing="" data;<="" span="">
choose="" the="" payment="" method="" among="" those="" available;<="" span="">
proceed with the purchase order by clicking on
"Pay by Credit Card" or "Pay by Paypal", depending on the
payment method chosen. In case of subsequent failure in the payment
process, the purchase order will not be valid and will be immediately
cancelled.
To send any communication we invite all users to
visit the Contacts page of the portal and to send emails to the dedicated
department according to their needs.
Giacomazzi srl is not responsible for any
fraudulent and illicit use that may be made by third parties, credit cards,
checks and other means of payment, at the time of payment of the products
purchased. Giacomazzi Srl, in fact, at no time during the purchase
procedure, is able to know the credit card number of the buyer who, through a
secure connection and through the best channels of payonline, is transmitted
directly to the manager of the banking service.
6.2 Acceptance of the purchase
order
The acceptance by the Company of the purchase order
entails the immediate charge of the amount of the expense according to the
selected payment method.
Following the acceptance of the order, the customer
will receive e-mail confirmation of the purchase with express indication of the
summary of the products ordered and their prices and the general and special
conditions applicable to the order.
For the shipment of products, Giacomazzi Srl will
rely on specialized couriers and proven seriousness for the delivery of orders
in Italy and abroad.
7.="" obligations="" of="" the="" user<="" span="">
The User undertakes not to use the Website and/or
the related Services for any purpose that is illegal or not covered by these
T&C. You may not use the Website or related Services in such a way as to
harm or otherwise harm the Website or interfere with the use and enjoyment of
the Website by other Users of the Related Services.
The Registered User is required to retain access
credentials to their Confidential Profile and is responsible for any use of the
Website that is made by anyone accessing using their credentials. The
Registered User undertakes in any case not to (i) use machines, algorithms,
software or other automatic functions to generate page or material recall, (ii)
not to generate page recall, by means of "chains of St. Anthony",
e-mail or other means, through which a person or group of persons is required
to consult a page and (iii) to notify the Company immediately in the event of a
suspected security breach of its Profile.
8.="" limitations="" of="" liability<="" span="">
Any disputes relating to the execution of the
Service may be raised, under penalty of forfeiture, within 48 (forty-eight)
hours after delivery by writing to customercare@giacomazzi1968.it documenting
the dispute with photographic material.
The Company shall not be liable for any damages
arising from the inaccessibility of the Services arising from problems
connected to the network, to providers or telephone and/or telematic
connections that the same does not have control, failure and/or malfunction of
the electronic equipment of the User or of the Companyโs suppliers.
The Company assumes no liability for content
created or published on third-party sites with which the Website has a
hyperlink ("link"). The User who decides to visit a website
linked to the Website does so at his own risk, assuming the burden of taking
all necessary measures against viruses or other malware.
The Registered User acknowledges and accepts that
sporadically may not be delivered all the Products indicated in the order sent
and accepted by the Company. In this case, the Company shall promptly
refund the amounts relating to the Products ordered and not delivered and shall
not be held liable for any further loss and/or damage suffered due to
non-delivery.
For each order placed Giacomazzi
Srl will issue a receipt or, electronic invoice in case of explicit request as
indicated in Paragraph 7.3. The data provided by the Registered User at the
time of the order will be inserted in the relevant receipt/invoice, it being
understood that no change will be possible following the issue of the
receipt/invoice itself.
9.="" termination.="" termination="" of="" services<="" span="">
The Company reserves the right to delete the
Profile and/or not to allow the User to access and use the Website and the
Services or any part thereof, at any time and with immediate effect, in the
event of a breach by the User of the obligations imposed on it pursuant to
Articles 4.1 (Method of registration on the Website), 7 (Method of payment) and
10 (Obligations of the User). As for these Users, Giacomazzi Srl is
authorized without prior notice to the cancellation of orders made and not yet
delivered.
Access to the Website may also be temporarily
interrupted in case of technical problems or to ensure its
maintenance. Notice of such interruptions will be given if possible on the
Website.
At any time, the Company may make improvements
and/or changes to the Website and the Services if this is necessary for
technical reasons or in order to comply with current legislation.
The Company also reserves the right to cease, in
whole or in part, the provision of the Services at any time and with reasonable
notice allowing delivery of confirmed orders. In such cases, the Company
will promptly communicate to Registered Users and Customers and/or in general
to Users, by e-mail and/or by notice on the Website.
10. ADDITIONAL
INFORMATION. suspension="" of="" services<="" span="">
The Company reserves the right to request
additional information from the Customer or to send copies of documents
demonstrating the ownership of the payment instruments used.
The Company reserves the right not to accept the
purchase order and/or to terminate with immediate effect the obligations
arising from these T&C as provided for in Article 12 (Termination. Termination
of Services) in the event that the Customer does not provide the information
and/or copies of documents demonstrating the ownership of the payment
instruments used.
Under no circumstances may the Company be held
liable for any fraudulent use of credit cards by third parties when paying for
Products purchased on the Website/APP.
11.="" privacy="" policy<="" span="">
The Company will process the personal data of Users
in compliance with the privacy legislation as defined in detail in the information
on the processing of personal data, Privacy Policy, available in the respective
section of the Website.
12.="" copyright<="" span="">
All the contents present within the portal of
Giacomazzi Srl and relative domains of property are of exclusive
property. images<="" span="">,
documents, fonts, design elements, music, software, codes and format scripts="" are="" included<="" span="">. All
the material published within the portal is protected by copyright.
It is forbidden any reproduction, distribution,
publication, reproduction and alteration of the contents to present in the
portal for commercial purposes, if not in the presence of express written
consent by Giacomazzi Srl.
The use of any content contained within the portal,
including trademarks, is prohibited for any other purpose other than the direct
sale of advertising products within the site to end users.
13.="" applicable="" law.="" disputes<="" span="">
13.1.="" applicable="" law<="" span="">
These T&C, including the documents referred to
therein, published on the Website and in general the relations between the Company
and Users of the Website are governed by Italian law and must be interpreted in
accordance with it.
13.2.="" extra-judicial="" conciliation<="" span="">
Pursuant to Article 49 paragraph 1 letter V of D.
Lgs. 6 September 2005 n. 206 (Consumer Code), the Registered User can make use
of the joint conciliation procedure (the "Joint Conciliation").
The procedure can be started if the Registered
User, after having submitted a complaint to Giacomazzi Srl, within the 30-day
deadline has not received a reply, or has received an answer not considered
satisfactory by him-her<="" span="">.<="" span="">
The Registered User who decides to use the Joint
Conciliation procedure is obliged to send the request to the address:
centralino.cciaaparma@pr.camcom.it - Camera di Commercio di Parma, Via Giuseppe
Verdi, 2, 43121 Parma PR.
13.3.="" further="" disputes<="" span="">
Any disputes related to and related to the use of
the Website and the Services covered therein, which are not susceptible to a
settlement through the Joint Conciliation procedure referred to in paragraph
16.2, are reserved to the Italian jurisdiction and the exclusive jurisdiction
of the Court of Parma.
Specific approval of the T&C
pursuant to and for the effects of art. 1341 and 1342 cod. civ.
For the purposes of and for the effects referred to
in art. 1341-1342 cod. civ. , the parties declare to have read and understood,
and therefore to expressly approve the Articles: 2 (Variation of T&C), 4
(Registration to the Website/APP), 5 (Products), 6 (Purchase of products), 7
(Payment methods), 8 (Delivery of products), 9 (Right of withdrawal), 10 (User
Obligations), 11 (Limitations of Liability), 12 (Termination. Termination
of Services), 13 (Additional Information. Suspension of Services), 14
(Privacy Policy), 15 (Copyright), 16 (Applicable Law. Disputes).
With the issue of its authorization following the
registration, therefore, the User fully and explicitly approves, without
reservation, the aforementioned clauses and identified in part to the previous
paragraph.
