Terms & Conditions

Users who use the Services offered by Orodiamalfi declare that they know and accept these general terms and conditions.

Owner of ORODIAMALFI and related Services

Orodiamalfi srl

Via San Leonardo 120 – 84131 Salerno

Chamber of Commerce of Salerno

Share capital: 10,000.00 (i.v.)

P.IVA number: IT05287400658

Owner's email address: info@orodiamalfi.com

Information about Orodiamalfi

Orodiamalfi is an online sales service for liqueurs and food products.

Introduction

This document

This document constitutes a legal agreement between you, as a User, and the company that manages Orodiamalfi and regulates your use of the website and, in any case, the use of the services provided. “Legal Agreement” means that the terms of such agreement, once accepted by the User, are binding on the latter.

For simplicity, "User", "you", "your" and similar terms, both singular and plural, refer to you, the User. “We”, “our” and similar terms refer to the company that owns and manages Orodiamalfi. “ORODIAMALFI” refers to this site and/or application. “Agreement” refers to this document, as amended from time to time. The Contract is concluded in the Italian language. Other definitions may be found in the "Definitions" section at the end of this Agreement.

Acceptance of Agreement

In order to use ORODIAMALFI, you must carefully read and accept the Contract by clicking on the specific acceptance button. If you do not accept the Agreement, you will not be able to use the Service.

Registration, content of Orodiamalfi and prohibited use

Registration

In order to use the Service or part of it, Users must register by truthfully and completely providing all the data requested in the relevant registration form and fully accept the privacy policy and these general conditions. The User has the duty to guard and keep his access credentials confidential.

It is understood that in no event can the Owner or its licensee be held responsible in the event of loss, disclosure, theft or unauthorized use by third parties, for any reason whatsoever, of the Users' access credentials.

Account cancellation and closure of User accounts

Registered users can deactivate their accounts, request their cancellation or stop using the Service at any time, through the ORODIAMALFI interface or by contacting the site licensee directly.

The Licensee, in case of violation of these Terms, reserves the right to suspend or terminate the User's account at any time and without notice.

Licensee reserves the right to suspend or cancel your account at any time and without notice if it believes that:

  • You have violated the Agreement; and/or
  • access to or use of the Service could cause harm to Licensee, other Users, or third parties; and/or
  • the use of Orodiamalfi by the User may result in a violation of the applicable law or regulation; and/or
  • in the event of investigations conducted as a result of legal actions or due to the involvement of public authorities; and/or
  • the account is deemed by Licensee, in its sole discretion and for any reason whatsoever, to be inappropriate or offensive or in breach of the Agreement or not in line with Licensee's standards

Contents available on Orodiamalfi

The contents available on Orodiamalfi are protected by copyright law and other international laws and treaties aimed at protecting intellectual property rights and, unless otherwise specified, their use is permitted to Users only within the limits specified in this clause.

The Licensee grants the User, for the entire duration of the Agreement, a personal, non-transferable and non-exclusive license for exclusive personal purposes and never commercial and limited to the device used by the User for the use of such contents. Therefore, it is expressly forbidden for the User to copy and/or download and/or share (except within the limits set out below), modify, publish, transmit, sell, sublicense, process, transfer/assign to third parties or create derivative works in any way from the contents, even of third parties, available on Orodiamalfi, nor allow third parties to do so through the User or his device, even without his knowledge.

Where expressly indicated on Orodiamalfi, the User, for mere personal use, may be authorized to download and/or copy and/or share some content made available on Orodiamalfi, provided that he faithfully reports all copyright indications and other information provided by the Licensee.

Contents provided by third parties

The Licensee does not carry out any preventive moderation on the contents or links provided by third parties displayed on Orodiamalfi. The Licensee is not responsible for such contents and their accessibility.

Contents provided by the User

Users are responsible for their own contents and those of third parties that they share on Orodiamalfi, through the uploading them, inserting content or in any other way. Users indemnify the Licensee from any liability in relation to the illicit dissemination of third party contents or the use of Orodiamalfi, in ways contrary to the law.

The Licensee does not carry out any type of moderation of the contents published by the User or third parties, but undertakes to intervene in the event of reports from Users or orders given by public authorities in relation to contents deemed offensive or illegal.

In particular, the Licensee may suspend or stop viewing of the contents in the event that:

  • complaints are received from other Users;
  • receives a report of violation of intellectual property rights;
  • deems it necessary to do so in anticipation of, or as a result of, legal action;
  • such action is required by public authority; or
  • believes that such content, remaining accessible through Orodiamalfi, could jeopardize Users, third parties, the availability of the Service and/or the Licensee himself

Rights content provided by Users

The only rights granted to the Licensee in relation to the content provided by Users are those necessary for Orodiamalfi to operate and maintain it.

Unless otherwise established, with the By sending, publishing or displaying content on or through Orodiamalfi, the User grants the Licensee and the other Users a license without territorial limits, non-exclusive, free of charge and with the right to sublicense, for use, copying, reproduction, processing, adaptation , modification, publication, transmission, display and distribution of such content in any medium or distribution method currently available or subsequently developed.

Services provided by third parties

Users can use services or contents included in Orodiamalfi provided by third parties, but must first have read the terms and conditions of such third parties and have accepted them. Under no circumstances shall Licensee be liable for the proper functioning or availability, or both, of services provided by third parties.

Prohibited Use

The Service shall be used as set forth in the Terms.

Users may not:

  • reverse engineer, decompile, disassemble, modify or create derivative works based on Orodiamalfi or any portion of it ;
  • bypass the computer systems used by Orodiamalfi or its licensors to protect the content accessible through it;
  • copy, store, modify, change, prepare derivative works or alter in any any way of the contents provided by Orodiamalfi;
  • use any robot, spider, site search and/or retrieval application, or any other device, process or automatic means to access, retrieve, scrape or index and any portion of OrodiAmalfi or its contents;
  • rent, license or sublicense Orodiamalfi;
  • defame, offend, harass, threaten, threaten or otherwise violate the rights of others;
  • disseminate or publish illegal, obscene, illegitimate, defamatory or inappropriate content;
  • unlawfully take possession of the account in use by another User;
  • register or use the Service in order to approach Users to promote, sell or advertise in any way products or services of any kind through Orodiamalfi;
  • use Orodiamalfi in any other improper way that violates the Terms.

Sales conditions

Each order sent constitutes an offer to purchase the products. Orders are subject to availability and to the discretionary acceptance of the Licensee.

The User must select the products and complete the check-out, after carefully checking the information contained in the order summary. The order is placed by confirming it and is subject to payment of the price, taxes and shipping costs indicated in the Order Summary form.

The Order Processing Receipt does not constitute order acceptance. The contract is concluded when the Licensee sends the Order Confirmation to the email address provided by the User. The Licensee reserves the right not to confirm an order, communicating to the User within 5 working days of placing the order, to the email address associated with his purchase, the possible unavailability of one or more of the products purchased. In this case, the Licensee will refund the price and shipping costs incurred by the User.

Methods of payment

Orodiamalfi uses third-party tools to process payments and does not enter in any way in contact with payment data - such as those relating to the credit card - provided.

Any costs for managing payments not accepted by the User will be charged to the User.

Retention of title Until full payment of the price of the products ordered, the products remain the property of the Licensee.

Product availability

The prices, descriptions or availability of the products displayed are subject to change without notice. The photos inserted are indicative and may not constitute an exact representation of the products.

The Licensee will do his best to present the characteristics of the products with the greatest possible degree of detail on Orodiamalfi within each sheet corresponding to the product viewed by the User. However, the images and colors of the products offered for sale on Orodiamalfi may differ from the real ones due to multiple factors including, by way of example but not limited to, the monitor of the User's terminal, photographic filters, etc. Therefore, the User acknowledges and accepts that any such minor differences do not constitute a lack of conformity of the products.

Execution of the Order

The Order is executed within the terms specified on the page summary and in the Order Confirmation email, subject to the availability of the product ordered. The Licensee cannot be held responsible for damages suffered by the User due to delays in delivery that are not dependent on foreseeable circumstances by the parties at the time of sending of the Order Confirmation.

Delivery

Deliveries are made during normal working hours to the address indicated by the User and in the manner specified in the order summary.

Upon delivery, the User must check the contents by specifying any anomalies on the delivery form.

In the event of failure to collect them within the deadline established by the carrier, the products will be returned to the Licensee, which will refund the price of the products, but not the shipping cost. The Licensee cannot be held responsible for errors in delivery due to inaccuracies or incompleteness in completing the purchase order by the User, for any damage that may occur to the Products after delivery to the carrier, where the latter has been chosen and appointed by the User or for delays in delivery attributable to the latter.

Right of withdrawal and guarantee

Right of withdrawal

In case of purchase of products or services on Orodiamalfi, the User has the right to withdraw from the contract within 14 days without giving any reason. The withdrawal period expires after 14 days from the day on which the User or a third party – other than the carrier and designated by the User – acquires physical possession of the goods. To exercise the right of withdrawal, the User is required to inform the Licensee of the decision to withdraw through an explicit declaration sent to the contacts indicated.

To this end, he can use the model for exercising the right withdrawal indicated in the "definitions" section of this document. The User is also free to express his choice to withdraw from the contract in any other equivalent form.

Effects of withdrawal

If the User withdraws from this contract, he will be reimbursed all payments it has made to the Licensee, including delivery costs (with the exception of the additional costs deriving from the possible choice of a type of delivery other than the least expensive type of standard delivery offered) without undue delay and in any case no later than 14 days from the day on which the Licensee is informed of the User's decision to withdraw from this contract. These refunds will be made using the same means of payment used by the User for the initial transaction, unless the User has expressly agreed otherwise; in any case, the User will not have to incur any costs as a result of this reimbursement. The refund may be suspended until receipt of the goods or until the User demonstrates that he has returned the goods, whichever comes first.

The User is requested to return the goods and deliver them to the Licensee without undue delay and in any case within 14 days from the day on which he communicated the withdrawal from this contract. The deadline is met if the User sends back the goods before the 14-day period has expired. The costs of returning the goods will be advanced by the User, but will be reimbursed by the Licensee in the manner and within the limits indicated above to be paid by the User. The User is only responsible for the decrease in the value of the goods resulting from the handling of the goods other than that necessary to establish the nature, characteristics and functioning of the goods.

Limitations on the right of withdrawal

Returned products that are damaged or used in a different and further way than what is strictly necessary to establish their nature, characteristics and functioning will be reimbursed after deduction of the decrease in value resulting from the damage or use. Reimbursement is excluded when the decrease in value is total. The User is requested to insert a copy of the delivery document received inside the package.

The right of withdrawal is in any case excluded in relation to:

  • goods made to measure or clearly personalized;
  • the supply of goods which are liable to deteriorate or expire rapidly;
  • the supply of sealed goods which are not suitable for return for hygienic reasons or related to health protection and have been opened after delivery.
  • If one of the aforementioned exceptions were applicable to the goods purchased by the User, the latter will not be able to exercise the right of withdrawal.

Applicability of the clauses on withdrawal

The clauses concerning the exercise of the right of withdrawal, as well as the relative consequences and exceptions, apply exclusively to the User who qualifies as consumer, i.e. the User who acts for purposes unrelated to his business and profession nal.

Legislative references

Q. Legislative Decree 21/2014 - in implementation of directive 2011/83/EU on consumer rights.

Warranty

The User who purchases as a consumer has the right to guarantee the conformity of products and services purchased within 24 months of purchase, provided that notice is given within 2 months of their discovery.

To exercise the guarantee right, the User must contact the Licensee to the contact information contained in this document, giving an accurate description of the defect found.

If the lack of conformity of the product is ascertained, the User has the right to obtain, at his choice, the repair or replacement of the product.

The User also has the right to ask the Licensee for a reasonable price reduction or termination of the contract in the following cases:

  • if the repair is the replacement proves impossible or excessively expensive;
  • if the licensee rio has not repaired or replaced the goods within a reasonable period, in any case not less than 15 days;
  • if the replacement or repair previously carried out has caused significant inconvenience to the User.

The User is still required to return the defective products.

Indemnification and Limitation of Liability

Indemnification

You agree to indemnify Licensee (as well as any companies controlled or affiliated by Licensee, its representatives, directors, agents, licensees, partners and employees), from any obligation or liability, including any legal fees incurred to defend themselves in court, which may arise in the event of damages caused to other Users or third parties, in relation to the contents uploaded online, the violation of law or the terms of these conditions of service.

Limitations of liability

Orodiamalfi and all the functions accessible through Orodiamalfi are made available to Users, under the terms and conditions set out in Agreement, without any warranty, express or implied, that is not required by law. In particular, no guarantee of suitability of the services offered for the particular purposes intended by the User is provided.

The use of Orodiamalfi and of the functions accessible through orodiamalfi is carried out by the Users at their own risk and under his own responsibility.

In particular, the Owner, within the limits of the applicable law, is liable for damages of a contractual and non-contractual nature towards Users and third parties exclusively by way of willful misconduct or gross negligence when these constitute immediate and direct consequence of the activity of OrodiAmalfi. Therefore, the Owner will not be liable for:

  • any losses that are not a direct consequence of the Owner's breach of the Agreement;
  • any loss of commercial opportunity and any other loss, even indirect, that you may suffer (such as, but not limited to, business losses, loss of revenues, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill etc.);
  • damages or losses deriving from interruptions or malfunctions of OrodiAmalfi due to events of force majeure or, in any case, to unforeseen and unforeseeable events and, in any case, independent of the will and unrelated to the sphere of control of the Owner such as, by way of example and not limited to, failures or interruptions to telephone or electricity lines, to the Internet and/or in any case to other transmission tools, unavailability of websites, strikes, natural events, viruses and computer attacks, interruptions in the supply of third-party products, services or applications; and
  • wrong or unsuitable use of OrodiAmalfi by Users or third parties.

Common provisions

Interruption of the Service

To guarantee Users the best possible use of the Service, the Owner reserves the right to interrupt the Service due to the need for maintenance or system updating, informing Users through constant updates in credit to Orodiamalfi.

Resale of the Service

Users are not authorized to reproduce, duplicate, copy, sell, resell or exploit any portion of Orodiamalfi and its Services without prior permission written by the Owner, guaranteed directly or through a specific resale program.

The Owner may tolerate forms of resale carried out on a personal (one to one) and limited basis; any form of mass resale is expressly excluded.

Privacy policy

For information on the use of personal data, Users must refer to the Orodiamalfi privacy policy

Intellectual Property Rights

All Application trademarks, figurative or nominative, and all other signs, trade names, service marks, word marks, trade names, illustrations, images, logos appearing concerning Orodiamalfi are and remain the exclusive property of the Owner or its licensors and are protected by the laws in force on trademarks and by the related international treaties.

All trademarks and all other signs, trade names, service marks , word marks, commercial names, illustrations, images, logos relating to third parties and the contents published by such third parties on OrodiAmalfi are and remain the exclusive property or availability of said third parties and their licensed re and are protected by applicable trademark laws and related international treaties. The Holder does not possess the ownership of these intellectual property rights and can only use them within the limits and in compliance with the contracts concluded with such third parties and for the purposes outlined therein.

Age requirements

Users declare that they are of age according to the legislation applicable to them. Under no circumstances may children under the age of 13 use Orodiamalfi

Conditions for receiving deliveries

The User who makes the purchase through Orodiamalfi also declares and guarantees that whoever receives the shipment of the purchased products is of age according to the legislation applicable to the latter.

Changes to these Terms

The Licensee reserves the right to make changes to the Terms at any time, giving notice to the User by publishing it on Orodiamalfi

The User who continues to use Orodiamalfi after the publication changes, accepts the new Terms without reservation.

Assignment of Agreement

Licensee reserves the right to transfer, assign, dispose by novation or subcontract all or any of the rights or obligations arising from the Terms, provided that the User's rights set forth herein are not affected.

The User may not assign or transfer their rights or obligations under the Terms in any way without the written authorization of the Owner .

Communications

All communications relating to Orodiamalfi must be sent using the contact information indicated in the Contract.

Ineffectiveness and partial nullity

Should any provision of the Terms r result null, invalid or ineffective, the aforementioned clause will be eliminated while the remaining clauses will not be affected by this and will remain fully effective.

Applicable law and competent court

These Terms and all disputes regarding the execution, interpretation and validity of this contract are subject to the law, to the jurisdiction of the State and to the exclusive jurisdiction of the court of the place where the Owner has its registered office. The exclusive forum of the consumer is an exception, if the law so provides.

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