Introduction
A. These General Terms and Conditions of Contract, together with any documents set forth herein (e.g., Order Form, Order Confirmation, etc.), govern the relationship between
1) Supplier; 2) Seller, hereinafter also referred to as "Seller"; 3) Buyer, hereinafter also referred to as "Buyer", purchasing Products from Seller via computer. The parties referred to in paragraphs 2) and 3) below are also referred to as "Customer" when necessary.
B. The Contractor allows the Seller and the Buyer to carry out commercial transactions on their own, but is not a party to the transactions themselves, and the negotiating relationship between the Customer and the Seller is legally independent of this Agreement, as it exists only between them. Therefore, the Contractor does not assume any liability in connection with the aforementioned legal relationship and its legal relations.
C. By checking (or flagging) the appropriate consent box or by completing and signing the Order Form, the Customer declares that (i) it has received these General Terms and Conditions; (ii) it has read and understood them; and (iii) it accepts them in all their parts.
D. The Customer declares, at its sole risk, that it is of legal age and has all the necessary legal capacity to enter into this Agreement.
1. purpose of the agreement
1.1. In relation to the Seller, the object of the Agreement is the free and/or rental and/or use and/or purchase and/or service of the Products. For example, digitization of menus, provision of QR codes, menu management services, menu translation, allergen reporting, connection to online platforms, etc. Products and Services are of the type and have the technical and economic characteristics described in the Order. The description of the Products and Services is described on the Website and may change periodically.
1.2. In relation to the Buyer, the subject matter of the Agreement includes the free use of the Contractor's computer platform. The Buyer may consult the menu or purchase goods or services, which may include the purchase of gift cards. Sub-sales are prohibited.
2. conclusion of the contract
2.1. the Contract shall be deemed to have been concluded at the time of receipt of the Order by the Supplier from the Customer and payment of the Price, if it concerns the Products and Services offered and described on the Website.
2.2. if the Contract relates to products and services other than those described on the Site, it shall be deemed to have been concluded at the time the Supplier sends the Customer an Order Confirmation.
2.3. The Order Form shall be deemed automatically forfeited and canceled if the Customer has not made payment within 15 days from the date of sending.
3. customer registration
3.1. In order to use the Products and Services, the User must open an account and provide all required data completely and truthfully.
3.2. It is the Customer's responsibility to keep the Customer's credentials safe and confidential.
3.3. By creating an account, the Customer is solely responsible for all activities carried out under his account.
4. obligations of the contractor
4.1. In case of failure to deliver/activate the ordered Products, the Supplier is obliged to return only the amount already paid.
5. acceptance of orders and delivery of products
5.1. Products and Services are delivered in the chronological order of the request received. Delivery will be confirmed by email to the Customer.
6. fees, payment methods and terms, warranty
6.1. Payment for Products and Services must be made in advance as specified in the Order Form.
6.2. Each payment must have a unique number, and the relevant tax documentation will be issued.
6.3. Payment of prices must be made by the methods published on the Website.
7. Contractor's obligations and limitation of liability
7.1. The Supplier does not guarantee that the Products are perfectly suitable for a particular purpose.
8. additional obligations and rights of the customer
8.1. The Customer warrants that the data provided by it for the conclusion of the Agreement is true and accurate.
9. support
9.1. Support will be provided at the times and in the manner set forth on the Website.
10. Services during the Trial Period (Trial)
10.1. The Contractor may provide the Merchant with a free trial account of the Services.
11. withdrawal
11.1. The Seller may exercise its right of withdrawal through an official withdrawal communication.
12. termination of relationship and express termination provisions
12.1. The Agreement may be terminated ex officio if the Customer has breached any of the provisions of this Agreement.
13. account suspension and deletion
13.1. The Provider may suspend or delete the Customer's Account.
14. Changes to Products and Services, the Agreement and the Website
14.1. The Provider reserves the right to modify the technical and economic characteristics of the Products and Services at any time.
15. copyright and licenses
15.1. The Customer shall comply with the intellectual property rights of the Supplier.
16. trademarks, licenses and distinctive signs
16.1. The Seller may use the Provider's trademarks, logos and other distinctive marks.
17. information security
17.1. The Customer shall use its best endeavors to protect the Confidential Information.
18. No Assignment of the Agreement
18.1. The Seller may not assign this Agreement to any third party.
19. Miscellaneous
19.1. This Agreement cancels and replaces all prior agreements between the Contractor and the Supplier.
20. Maintenance and continuity of the Agreement
20.1. The provisions of this Agreement shall survive any termination or cancellation of the Agreement.
21. processing of personal data
21.1. The processing of the Customer's personal data will be in accordance with current legislation.
22. governing law and jurisdiction
22.1. Any disputes related to this Agreement will be resolved exclusively by the competent courts of Modena.
The Customer declares to be of full age, to have sufficient legal capacity to enter into this Agreement, to have read it carefully and to accept all the provisions of this Agreement.