WHEREAS
This website www.langhenmyfood.com (hereinafter the "Website") is owned by LangheMyFood S.r.l., with registered office in Via Vivaro, 29/A - 12051 Alba (CN) tax code and VAT number 03715690040, registered in the CUNEO companies register with REA CN-311599 (hereinafter the "Company"), and is dedicated to the retail of food and beverage products via internet (hereinafter the "Products"). The Website is designed, created and managed directly by LangheMyFood S.r.l. and allows Users to:
- view the Products that can be purchased through the Website
- use a home delivery service of the Products
- pay the amount due to the Company for the purchase of the selected Products.
The Company, as part of its policy of fairness and transparency, invites each user of the website (hereinafter the "user"), before carrying out any operation through the website itself, to carefully read these general conditions governing the services offered through the website (hereinafter the "general conditions"), the "assistance" section any additional conditions listed in the various sections of the website, the particular conditions governing the use of individual services, including any document referred to by these or any other note, legal notice, information or disclaimer published on the website which are considered an integral and substantial part of these general conditions. If the user does not intend to accept these general conditions and/or any other note, legal notice, information or disclaimer published on the website or referred to therein, he/she is advised not to use the website or its services.
Website Terms and Conditions of Use
This document defines and regulates the general terms and conditions of use of the Website and the Services provided through it to the User by LangheMyFood S.r.l., as identified above. Any User making a purchase on the Website is required to print or save an electronic copy of these General Conditions. The use of the Website by each User is subject to the terms of these General Conditions, even if the User does not use any of the Services or functions available therein.
In these General Conditions, in addition to the terms defined elsewhere, the terms listed below shall have the meaning given next to each of them. In particular:
- Website- means the website accessible at www.langhenmyfood.com, but also all internet addresses (e.g. URLs, domain names and pages) and/or related application software for use of the Services that the Company controls or manages and that are used to offer or provide the Services as well as all mirrors, replacements and backups and all web pages that the sites include.
- Company - means LangheMyFood S.r.l. as identified above.
- Service(s) - means individually or collectively any service and all associated functions offered on the Website either free of charge or for a fee and offered directly by the Company or by third parties with the Company's contribution. The term Services includes, in the absence of specification, all services, including paid services, and functions made available to Users through the Website.
- User - means the Visiting or Registered or Occasional User or Subscriber and in general anyone who uses or is going to use or enjoy the Services or the Website.
- Visitor User - means the User who navigates on the Website and/or uses the functionalities and/or Services made available to the generality of Users without registering on the Website or subscribing to any Service.
- Registered User - means the User who registers on the Website providing his/her personal data in order to obtain access to the use of the Service for the supply of Products.
- Occasional User - means the Registered User who activates the Occasional Service under the conditions indicated below.
- Subscriber User - means the Registered User who activates the Subscription Service under the conditions indicated below.
- Products - the Products sold by the Company through the Website to Users.
- Carrier - transport company or freelancer in charge of transporting the Products from the Producer to the User.
Pre-contractual information
In accordance with Legislative Decree no. 70 of 9 April 2003 containing provisions on electronic commerce, LangheMyFood S.r.l. hereby informs you that
- in order to conclude the purchase contract of one or more Services on the Website, the User will be asked to fill in an electronic order form and send it to LangheMyFood S.r.l. electronically, following the instructions which will appear on the Website and which will be present during the different phases of purchase
- the contract will be considered concluded when LangheMyFood S.r.l. registers the order form filled in by the User, after checking the correctness of the data concerning the order and when the User has received confirmation to the email address provided at the time of Registration
- Users will have the opportunity to identify and correct any errors in data entry before proceeding with the transmission of the order form by following the instructions shown on the Site from time to time and which will be present during the various stages of purchase. Following registration of the order, LangheMyFood S.r.l. shall send the User a confirmation notification to the email address provided by the User which shall contain a summary of the Service purchased, a precise indication of the price, the payment method chosen, the shipping costs and any additional costs and the procedures for exercising the right of withdrawal.
- the order form will be catalogued in Langhemyfood's database in accordance with the law for the time necessary to process the Order.
Changes to the general conditions of sale and use of the website
The Company reserves the right to update, integrate and modify all or part of the terms of these General Conditions and each of the documents referred to herein, the Privacy Policy, the Services and their contents, including, by way of example only, the fees for the use of the Services. The User undertakes to periodically review these General Conditions, it being understood that the Company will do everything reasonably necessary and appropriate to inform the User, in the manner deemed most effective, of any changes to these General Conditions, and/or the Services, as indicated below. The changes to these General Conditions shall be effective from the time of publication on the Web Site and shall apply only to sales concluded subsequently. The Company shall inform Registered Users of changes to these General Conditions, or to the functions/limitations of the Services and/or to the costs of the same, by means of a specific communication sent to the email address of the User indicated at the time of registration on the Website and/or subsequently. Changes and updates shall be deemed accepted by Users by connecting to the Website or by using the Website after the change has been published on the Website. If you do not agree with the changes, please do not use the Website and, if you are a Registered User, you may terminate the contract and delete your account in the "My Profile" section of the Website by clicking on "Delete Profile".
Age and residence
The Website and the Services offered through it are intended for Users residing in the European Territory, excluding Livigno, San Marino and the Vatican State, who are at least 18 years old. The Service is provided automatically by computerized systems. The User who intends to register or subscribe to the Services by proceeding to the Registration and subsequently to the selection of the Services guarantees to be of age and that the personal data provided are true, correct, updated, referring to the person who inserts them or inserted with the informed consent of the interested party, assuming all responsibility for the correctness and truthfulness of the information provided. Should there be any changes in the data provided by the Users, it will be their responsibility to inform the Company of the updates as soon as possible.
Website registration. activation of services
The navigation of some sections of the Website and the use of some Services (such as, by way of example only: the receipt of newsletters and the consultation of the periodic sales offer of Products) offered through the Website are also accessible free of charge to Visiting Users. In order to fully and completely use the Services offered by the Website, registration on the Website itself is required.
How to register on the website
In order to make use of the Service of purchase of the Products, the User is required to register by providing certain information of a personal nature (hereinafter the "Registration"), indicating a valid personal e-mail address and creating a personal account (hereinafter the "Profile"), following the relative procedure illustrated from time to time at the time of Registration, in order to allow the Company to have a purchase profile sufficient to provide the aforementioned Services. Access to the purchase service of the Products is permitted only by using the username and password chosen during Registration. The Registered User can access his/her Profile at any time to update or modify the data entered, including the information related to his/her preferences. It is understood that the Registered User will be the only responsible of the truthfulness and updating of such information. In the event that the Registered User does not complete the payment procedure after having provided the e-mail address and/or other data required for the Registration, the User may receive a limited number of communications inviting him/her to conclude the registration process and describing the service for which the registration procedure was started, without prejudice to the User's right to withdraw from the contract and to cancel his/her registration from the Website by writing to info@langhemyfood.comcom with the subject "Cancellation request".
The Registered User agrees to provide a personal email address, which he/she guarantees to have at his/her disposal and which he/she accesses regularly. Registered Users also undertake to promptly update their e-mail address registered on the Account in the event of any variation. LangheMyFood S.r.l. spa also reserves the right to cancel accounts where it has reason to believe that the e-mail addresses provided are not valid or are potentially fraudulent.
Profile Deletion
Users may delete their Profile at any time by accessing the "Profile" section of the Website, clicking on "Account" and then on "Delete Account".
Procedure for purchasing products
In order to proceed with the purchase of the Products, the User must select the dishes he is interested in from those present on the Website, place them in the Shopping Cart choosing the chosen delivery date and transmit the order to the Company. Only Registered Users can proceed with the purchase.
After completing the procedure for selecting products and placing them in the Shopping Cart, the Visitor User is invited, in order to make the purchase, either (i) if not yet registered, to register on the Site, providing the requested data, including a valid e-mail address, or (ii) if already registered on the Site, to login by entering the login credentials. Once registered, the User may proceed to place an order by entering the requested data, after carefully reading and accepting these General Conditions and the Privacy Policy.
Occasional Service: the Registered User can make single purchases by selecting the Products he wants to receive each time. To complete the order, the occasional user must confirm, in the "Addresses" section, their shipping and billing information, choose the delivery date and proceed to payment using one of the available methods.
With the activation of the Occasional Service, the User
- a) guarantees the availability of the sum necessary for the payment of the Products ordered through the Occasional Service
- b) expressly authorizes the Company or third parties authorized by the Company to store the credit card identification on their systems in order to allow the Occasional User to repurchase the Services in an easy way
- c) expressly authorizes the Company to make available the receipt or invoice (in case of purchase made by a VAT holder) of the Occasional Service on the personal profile (section "Invoice History") where the electronic document will be available for download.
Order acceptance and confirmation
The order sent by the User will only be binding on the Company if the entire order process has been completed regularly and correctly without any error messages being displayed by the Website.
Following the acceptance of the order, the Registered User will receive confirmation by email and will display in his/her "Profile" the order placed and confirmed with a summary of the Products ordered, the relative prices and the delivery date. The User acknowledges and accepts that from time to time all the Products indicated in the order sent and accepted by the Company may not be delivered. In this case, the Company will promptly refund the amounts relating to products ordered and not delivered. This is without prejudice, in any case, to the right of withdrawal by the Customer to be exercised in the forms and terms referred to in Article 12 below. If requested by the User, for each order placed LangheMyFood S.r.l. shall issue a specific invoice in electronic format relating to the Products purchased, which shall be sent to the Registered User by e-mail (pursuant to and for the purposes of art. 14 d.P.R. 445/00 and Legislative Decree 52/2004).
User obligations
The User agrees not to use the Website or the Related Services for illegal purposes or purposes not covered by these General Terms and Conditions. The User may not use the Website or related Services in such a way as to damage or otherwise impair the Website or interfere with the use and enjoyment of the Website and related Services by other Users.
The Registered User must keep the access credentials to his/her Account confidential and is responsible for any use of the Website made by anyone accessing it using his/her credentials. The Registered User agrees in any case to
(i) not use machines, algorithms, software or other automatic functions to generate the recall of pages or materials,
(ii) not to generate page referrals, whether through "chain letters", e-mails or other means by which a person or group of persons is requested to consult a page
(iii) notify the Company immediately in the event of a suspected breach of your Account security.
Deactivation and cancellation of the service
In the event that the Registered User wishes to cancel his/her profile, he/she must access his/her Account (section "My Profile" of the Website) and select the appropriate option "Cancel subscription to the service", following the relative illustrated procedure.
Termination or cessation of services
The Company reserves the right to inform the User that access to and use of the Website and the Services, or part thereof, is prohibited at any time and with immediate effect, in the event of violation by the User of his or her obligations under Articles 8 (Procedure for purchasing products) and 14 (Obligations of the User) above. Access to the Website may also be temporarily interrupted in the event of technical problems or for maintenance purposes. If possible, notice of such interruptions will be given on the Website. The Company may make improvements and/or changes to the Website and the Services at any time 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 in order to allow Registered Users to use the orders sent. In such cases, the Company will promptly notify Registered Users by e-mail and, in general, by notice on the Website.
Intellectual Property
All trademarks, names, as well as any distinctive sign, denomination, image, photograph, written or graphic text used on the Website or related to the Products may not be reproduced, either in whole or in part, transferred by electronic or conventional means, modified, or used for any purpose without the prior written consent of the Owner.
Limitations of liability
The Company undertakes to implement the quality standards relating to the Products exclusively up to the time of delivery at the place indicated by the User; any liability relating to the poor condition of the Products due to improper storage after the time of delivery or at other delivery points authorised by the User is excluded.
The Company declines all responsibility for information, data and any technical or other inaccuracies that may be contained in the Website.
Any disputes relating to the performance of the Service may be raised, under penalty of forfeiture, within 48 (forty-eight) hours after delivery by writing to the mailbox info@langhemyfood.com or through the "Contact Us" section documenting the dispute with photographic material.
The Company shall not be liable for any damages resulting from the inaccessibility to the Services due to problems related to the network, providers or telephone and/or telematic connections over which it has no control, to the failure and/or defective functioning of the User's electronic equipment.
The Company assumes no responsibility for content created or published on third party sites with which the Website has a hypertext link ("link"). The User who decides to visit a website linked to the Website does so at his or her own risk, assuming the burden of taking all necessary measures against viruses or other malware.
Disputes - place of jurisdiction
These general conditions and any purchase made by the Customer on the Site are governed by Italian law, with the express exclusion of the 1980 Vienna Convention on Contracts for the International Sale of Goods (CISG). For any dispute relating to the application, execution, interpretation and breach of these general conditions the competent court is Asti (AT - Italy).
The Customer has, however, the right to refer to a body for the settlement or mediation of disputes that may arise in relation to these General Conditions and any purchase or transaction made on the Site in order to seek an alternative resolution of such disputes. For further information on this tool, the Customer may contact the Company on the "contacts" page.