Terms and Conditions
[www.lanticatrattoria1930cantina.it, L’Antica Trattoria srl, VAT No. 05252000632, Via Padre Reginaldo Giuliani, 33 80067 Sorrento (NA), 3334205404, info@lanticatrattoria.com]
The following General Terms and Conditions of sale govern the offer and sale of products on our website.
1. Scope
1.1 The sale of products through the site constitutes a distance contract governed by Chapter I, Title III (arts. 45 et seq.) of Legislative Decree no. 206/2005 and Legislative Decree no. 70/2003, containing the discipline of electronic commerce.
1.2 The General Terms and Conditions of sale may be changed at any time. Any changes and/or new conditions will be in force from the moment of their publication on the site. Therefore, users are invited to regularly access the General Terms and Conditions of sale and to consult the most updated version before making any purchase. The applicable General Terms and Conditions of sale are those in effect at the date of sending the purchase order.
1.3 The Restaurant offers, on this site, a table reservation system and sale of products, conducting its electronic commerce activity towards end-user consumers, that is, any natural person who acts on the site for purposes not related to their business, commercial, entrepreneurial, or professional activity, if carried out.
1.4 The General Terms and Conditions of Sale exclusively govern the offer, submission of reservations, and acceptance of purchase orders for products within this site, between the users of the same and the Restaurant-Seller, who conclude the distance contract.
2. Access to the Site and Subjective Limitations on Orders
2.1 By placing an order, the user/customer undertakes to contact the Restaurant directly to ensure that the selected foods for takeaway or home delivery meet specific personal needs and, in particular, any food allergies and/or intolerances.
2.2 By placing an order, the user/customer accepts and declares that they can proceed with the purchase of alcoholic beverages, whose sale is prohibited in Italy to individuals under 16 years of age. The Restaurant reserves the right not to conclude or to reduce the order containing alcoholic beverages, if it reasonably believes that the beverage has been purchased by an individual under 16 years of age.
3. Order Processing Methods and Product Availability
3.1 Once the products have been selected from the menu published by the Restaurant and all the required information for ordering (takeaway, delivery, possible delivery address, time selection, etc.) has been provided, the Customer has the option to submit the order, proceeding to payment, after carefully verifying the entered data.
3.2 Once the sales contract has been regularly concluded, it will not be possible to modify it, as it involves food products prepared on specific request and not subject to preservation, due to their rapid expiration.
3.3 The products offered on the site are in limited quantity, and therefore, the product may become unavailable upon the transmission of the purchase order. In case of unavailability of the already ordered product, the user will be promptly informed by email or by phone. Thus, the user will be entitled to terminate the contract, pursuant to and by effect of art. 61, IV and V comma, of the Consumer Code. If the payment of the due Amount has already occurred, the Restaurant will refund such amount without delay. This amount will normally be credited to the same payment method used by the user for the purchase or the different method agreed between the user and the Restaurant. Any delays in crediting may depend on the bank, the type of credit card, or the payment solution used.
3.4 In the case of orders for several products, if the subsequent unavailability concerns only some products, without prejudice to the rights attributed to the user by law, and, in particular, by Chapter XIV of Title II of Book IV of the civil code, and without prejudice to the application of art. 3.3, the Restaurant will notify the user by email or phone. The user will, therefore, be entitled to terminate the contract, limited to the Product(s) that have become unavailable, pursuant to and by effect of art. 61, IV and V comma, of the Consumer Code. If the user exercises the right of termination under art. 61, IV and V comma, Consumer Code, in relation to the Product(s) that have become unavailable, or in any case, if the payment of the due amount has already occurred, the Restaurant will refund the amount due in relation to such Product(s), without undue delay. The amount of the refund will be communicated to the user by email or phone. This amount will be credited to the same payment method used by the user for the purchase or through the method possibly agreed upon between the parties. Any delays in crediting may depend on the bank, the type of credit card, or the payment solution used. The resolution of the entire Order will only be possible in the case of evident and proven accessoriness of the Products subject to the overall Order that has become unavailable compared to the other available Products.
3.5 The Restaurant reserves the right to cancel the order in case of excessive load, adverse events, or any other cause, with the subsequent return of any payment already made, as regulated by the following art. 4.2.
3.6 The Restaurant indicates an estimated time for deliveries and pick-ups, which may undergo modifications in cases of excessive load, weather, and traffic conditions, any cause not dependent on the activity of the same, without delivery guarantee.
3.7 In the case of payment denial due to non-authorization, the Site will not proceed with the processing and sending of the order to the Restaurant.
4. Price Indication and Payments
4.1 If the prices indicated in the online menu are higher due to inaccurate indication, the Restaurant will report the circumstance to the Customer before preparing the order, allowing them to withdraw, if the relation with the actual price is excessively high.
4.2 Payments can be made in cash, by electronic payment upon delivery, by credit or debit card. In case of non-execution or cancellation of the order, subsequent to the authorization of payment by the bank or the credit/debit card issuing company, the payment is not executed with a refund to the Customer of the relative amount. The timing of the refund depends exclusively on the bank/company that issued the payment card, without any responsibility of the Restaurant in case of delay.
5. Delivery of purchased products
5.1. The obligation of delivery is fulfilled by transferring the physical availability of the products to the user.
5.2. It is the user’s responsibility to check the condition of the product that has been delivered or that he has collected. It is emphasized that the risk of loss or damage to the products, for reasons not attributable to the Restaurant, is transferred to the user when the user, or a third party designated by him and different from the carrier, physically takes possession of the product. It is recommended for the user to verify the number of products received and that the packaging is intact, not damaged, wet or otherwise altered, including in the sealing materials, and it is advised to immediately contact the Restaurant to report any anomalies (e.g. damaged package, wet parcel, opened products). In fact, receiving the products without reservations does not allow the user to take legal action against the courier and/or the Restaurant, in case of loss or damage to the products, except in the case where the loss or damage is due to intentional misconduct or gross negligence of the courier itself and with the exception of partial loss or damage not recognizable at the time of delivery, provided that in the latter case, the damage is reported as soon as it is known. If the package shows clear signs of tampering or alteration, the user is also advised to promptly inform the Restaurant. If the received products differ from those ordered, without prior communication and authorized replacement by the Restaurant, the user is advised to promptly communicate it to the Restaurant itself.
5.3. The provisions of article 61 of the Consumer Code apply in case the purchased product is not delivered or is delivered within the delivery terms indicated during the purchase process and in the order confirmation (contract resolution).
6. Table reservation and confirmation with partially advanced payment
6.1. To confirm the table reservation, credit card details may be required as a guarantee. The amount (deposit) that will be withheld will be indicated at the time of booking and will subsequently be offset against the total price of the service that will be used.
6.2. Since at the time of booking the menu object of the reservation is expressly agreed with the Customer, and a discounted amount is applied compared to the prices applied by the Restaurant, in case of cancellation of the reservation or in case of no show, the amount requested as a deposit will be fully charged to the customer, as a penalty.
6.3. The Customer expressly waives the reduction of the penalty as per art. 1384 c.c..
7. Mode of use of the site
7.1. It is allowed to use the site for exclusively personal purposes, not for commercial purposes, respecting the legislation protecting copyright and intellectual property, regarding the material published on the Site and the Site itself.
7.2. The Restaurant assumes no responsibility for temporary suspensions of the Site’s operability, even without any notice, also in the case of maintenance or for reasons beyond the Restaurant itself.
8. Withdrawal
8.1. The right of withdrawal is expressly excluded by art. 59 of the Consumer Code (Legislative Decree no. 206/2005), as it deals with orders related to products prepared upon request and subject to rapid deterioration.
8.2. The user can, in any case, try to contact the Restaurant to attempt, without any contractual obligation on the matter, to make the desired changes and, possibly, agree on the user’s withdrawal before the preparation of the dishes, with the subsequent application of art 4.2.
9. Liability
9.1. The information contained in the menus is updated and detailed by the Restaurant, which assumes no responsibility for any failure on the part of the Customer to report, at the time of ordering, allergies and food intolerances. If the Customer, for themselves or for subjects on whose behalf they are ordering, needs to verify the allergens contained in the dishes listed on the menu, they are invited to contact the Restaurant directly before submitting the order, thereby ensuring the absence of substances capable of causing adverse reactions.
10. Privacy
User-Customer personal data are processed in compliance with the General Data Protection Regulation No. 2016/679 (GDPR) and Italian law on the matter. You can obtain information on how we process your personal data by accessing the Privacy Policy published on the Site, which forms an integral part of these Conditions.
11. Applicable Law and Competent Forum
11.1. The contracts concluded between the users of the Site and the Restaurant are regulated by Italian law and, for Consumers residing in Italy, by the legislative decree of September 6, 2005, no. 206 (Consumer Code), with specific reference to the legislation on distance contracts, and by the legislative decree of April 9, 2003, no. 70 on certain aspects relating to electronic commerce.
11.2. Consumer users may go to the Court of the place where they have residence/domicile in Italy. If the dispute concerns users outside the Consumer Code, exclusive jurisdiction is referred to the Court where the Restaurant has its legal headquarters.
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