Terms and Conditions (T&C)

INTRODUCTION

WITHIN ITS POLITICS OF CORRECTNESS AND TRANSPARENCY, fooz! KINDLY INVITES EACH USER OF THE WEB PLATFORM (BELOW, THE "USER"), TO READ CAREFULLY THESE TERMS AND CONDITIONS ("T & C") REGULATING THE SERVICES OFFERED THROUGH THE WEB PLATFORM, BEFORE STARTING THE NAVIGATION OF THE WEB PLATFORM.IF YOU DO NOT INTEND TO ACCEPT THESE T & C AND / OR ANY OTHER NOTE, LEGAL NOTICE, DISCLAIMER OR DECLARATION OF LIABILITY PUBLISHED IN THE WEB PLATFORM, WE INVITE YOU NOT TO USE IT, NOR ITS SERVICES. 

 


Definitions

To allow a complete understanding and acceptance of these terms and conditions, the following terms, in the singular and in the plural will have the meaning indicated below

Owner:individual company Sergio Vincenzo Tunno,

Platform: the fooz! website (foozmarket.com), managed by the Owner, which offers ecommerce platform for the purchase of extra virgin olive oil.

Products: products offered through the platform

User: the subject accessing the platform, without distinction of legal nature and purpose, interested in the products offered through the platform

Consumer: a natural person acting for purposes unrelated to business, commercial, craft, or professional activity carried out

Conditions: this contract governing the relationship between the title and the users and the sale or supply of products offered through the platform

Producers: are the Companies, the Artisans, the Agricultural Producers or the Consortia whose Products (as defined hereafter) are sold through the Platform to the Users

Conveyor: transport company or self-employed person delegated to transport the products from the agricultural producer to the user.

 

1. General provisions

The user navigating in this area accesses fooz! (www.foozmarket.com). The navigation and the transmission of a purchase order on the Platform imply the acceptance of the Data Protection Policies and Policies adopted by the PIattaforma indicated therein.

These General Terms and Conditions of Sale apply to the sale of products with exclusive reference to purchases made on the fooz platform! in compliance with the provisions of Part III, Title III, Chapter I, Consumer Code (Legislative Decree 206/05 amended by Legislative Decree No. 21/14 and Legislative Decree 70/03) by:

Individual Company Sergio Vincenzo Tunno

Headquarter: Via Niccolò Piccinni n.65 70122 BARI (BA)

registered with the REA, number:BA605374

Before accessing the products supplied by the platform, the user is required to read these General Terms and Conditions which are generally understood and unequivocally accepted at the time of purchase.

The Owner reserves the right to modify the General Terms and Conditions unilaterally and without prior notice.

It is possible to use the platform and then access products supplied by the same and to purchase these in the following languages:

i) Italian

ii) English

 

2. Object

 

These General Terms and Conditions of Sale govern the offer, forwarding and acceptance of purchase orders for Products on fooz! and do not regulate, however, the provision of services or the sale of products by parties other than fooz! that are present on the same platform through links, banners or other hypertext links.

Before sending orders and purchasing products and services from different subjects, we suggest checking their terms of sale.

 

3. Conclusion of the contract

 

The contract for the purchase of products ends with the exact completion and submission of the order form.

This form includes the reference to the General Terms and Conditions of Sale, the details of the ordering and order, the images of each product and the relative price, the methods and methods of payment that can be used, the methods of delivery of the products purchased and the relative and possible costs of shipping and delivery, a reference to the conditions for the exercise of the right of withdrawal; methods and times for returning the purchased products.

Before concluding the contract, you will be asked to confirm that you have read the General Terms and Conditions of Sale including the information on the return policy and the processing of personal data.

The contract is concluded when the Platform receives an order, subject to verification of the correctness of the data contained therein.

The buyer will be obliged to pay the price from the moment the online order submission procedure is completed. This will happen by clicking on the button: conclude and submit the Order at the end of the wizard.

Completed the contract, fooz! takes charge of the order for its evasion.

 

 

4. Registered users

When completing the registration procedures, the user undertakes to follow the instructions on the platform and to provide his personal data in a correct and truthful manner.

The confirmation must be communicated no later than 7 days, after which, in the absence of confirmation, fooz! will be freed from any commitment to the user.

The confirmation will exonerate in any case fooz! from any responsibility about the data provided by the user. The user undertakes to promptly inform fooz! of any variation of their data at any time communicated.

If the user then reports inaccurate or incomplete data or even if there is a dispute by the interested parties about the payments made, fooz! will have the right not to activate or suspend the service until the related deficiencies have been rectified.

For the first request to activate a profile by the user, fooz! will attribute to the same username and password. The latter recognizes that these identifiers constitute the system for validating user access to the Services and the only system suitable for identifying the user that the acts performed through such access will be attributed to him and will have binding force towards him.

The user undertakes to maintain the confidentiality of his access data and to keep them with due care and diligence and not to temporarily transfer them to third parties.

 

5. Availability of products

The availability of the products refers to the actual availability at the moment the buyer places the order. This availability must however be considered purely indicative because, due to the simultaneous presence on the platform of multiple users, the products could be sold to other customers before order confirmation.

Even after sending the order confirmation e-mail, there may be cases of partial or total unavailability of the goods by the manufacturer. In this case, the order will be corrected automatically with the elimination of the unavailable product and the buyer will be immediately informed via e-mail.

If the buyer requests the cancellation of the order, resolving the contract, fooz! will refund the amount paid within 14 days starting from the time you fooz! he was aware of the purchaser's decision to terminate the contract.

6. Products offered

The fooz! Platform markets:

i) Extra virgin olive oil

The offer is detailed on the pagehttps://foozmarket.com/collections/all

Fooz! does not handle the products covered by the offer to sell. The products are shipped, without intermediation, by the Producer who will be responsible to the customer for conformity, accuracy, safety and in general the content and quality of the products. fooz !, in fact, has the function of facilitating, through the use of technological tools, relations between producers and potential customers. All product information is provided by the respective manufacturers through a detailed informational detail made available on the website.

Therefore fooz! will not be in any way directly responsible for any damage to property or persons due to defects in production, construction, assembly, storage and packaging of the products or in any case to the use of the same by customers or final consumers. For this purpose, the customer undertakes not to consider fooz! responsible for claims for damages or legal proceedings. The customer is however free to undertake all necessary legal actions in case the manufacturer fails to fulfill his obligations or does not fulfill exactly as described in the purchase phase of the product through the technological facilitator fooz !.

The illustrative photographs or videos of the Products are merely representative and have the sole purpose of presenting the Products. The Holder declines all responsibility and does not give any guarantee with reference to the correspondence of the graphics of the Products published on the Platform and that of the Products delivered.

 

 

7. Purchase mode

 

By connecting to the Platform, the User will be able to view all the Products available for purchase, selecting those of interest and adding them to the cart.Once the single expense has been completed, by clicking on "Cart", the User can:

(i) Check the Products added to the cart, the relative purchase price and the total cost of the individual order.

(ii) Add or delete the selected Products by clicking on the relevant symbols

(iii) Proceed with the purchase of the Products by clicking on "Go to Checkout"

The single amount will be debited only following the acceptance of the purchase order by fooz!.

 

7.1. Purchase order

The purchase order completed by the User following the procedure indicated in the previous paragraph will be binding for the Owner only if the entire order procedure has been completed correctly without any error messages from of the Platform. 

 

7.2. Purchase Order Acceptance

fooz! will check the purchase order and availability of the Products.Acceptance of the purchase order by fooz! involves the immediate charging of the amount of the individual expenditure according to the payment method selected by the User.

 

7.3 Confirmation of the purchase order

A seguito dell’accettazione dell’ordine, l’Utente Occasionale riceverà conferma via e-mail dell’avvenuto acquisto con espressa indicazione del riepilogo dei Prodotti ordinati e dei relativi prezzi, delle modalità  e dei dettagli di consegna e delle condizioni generali e particolari applicabili all’ordine stesso

 

 

8. Payment methods and pricing

The price of the products will be the one indicated from time to time on the platform, except where there is an obvious error.

In case of a price error fooz! will notify the buyer as soon as possible by allowing the order confirmation to the right amount or cancellation. However, it will not be there for fooz! the obligation to supply what was sold at the lower price incorrectly indicated.

The prices shown on the platform include VAT, include shipping costs, unless explicitly mentioned. Prices may change at any time. The changes do not concern orders for which order confirmation has already been sent.

Once the products have been selected, they will be added to the cart. it will be sufficient to follow the instructions for the purchase, inserting or verifying the information requested in each step of the process. The order details can be changed before payment.

Payment can be made by: Paypal or Credit Card. The accepted credit cards will be the following:

  • VISA
  • MASTERCARD
  • AMERICAN EXPRESS
  • DINERS CLUB
  • DISCOVER

To guarantee maximum security, the User will make the payment transaction directly on the secure server of the payment system provider.

Data for payment by credit cards are processed directly by the payment system provider as specified in the Privacy Policy.

PayPal

Once the order is confirmed, the User will be redirected to the PayPal site where he can make the payment with his account or using a card, even prepaid, or in any case according to the methods accepted by Paypal and in compliance with the relative conditions.

 

9. Billing

If the purchase is made by a professional, it will be possible to request an invoice by selecting the appropriate box during the order process and entering the billing information including the tax code an/or VAT number. The professional is responsible for the correct insertion of the billing information by issuing to the Owner any more indemnity in this regard and is expressly informed that, in the event of failure to request an invoice when ordering, it will not be possible to request it later.

 

10. Delivery

fooz! ships to the following geographical areas: Italy and Europe. Fooz! does not ship to companies that provide domiciliation services.

The delivery takes place as from an order by the date indicated in the same, if no delivery date is specified, within the maximum term of 7 working days from the date of confirmation.

If it is not possible to make the delivery, the order will be sent to the deposit. In this case, a notice will specify where the order is located and how to arrange a new delivery.

If you are not able to be present at the place of delivery at the agreed time, we ask you to contact us again to arrange a new delivery date.

If the delivery can not take place due to causes not attributable to us after 7 days from the date on which the order is available for delivery, we will assume that we intend to terminate the contract.

As a consequence of the termination the amounts will be returned, excluding delivery costs, if the delivery has been carried out outside Italy, and, in any case, within 15 days from the date of termination of the contract. The transport resulting from the termination of the contract could have additional costs that will be borne by the buyer.

Shipping costs are included in the price on the Italian territory and paid by the buyer abroad. They are explicitly highlighted at the time the order is placed.

 

 

11. Passage of risk

The risks related to the products will pass to the buyer from the moment of delivery. The ownership of the products is considered acquired as soon as the full payment of all the amounts due in relation to them has been received, including shipping costs, or at the time of delivery, if this happens at a later time. 

 

12. Complaints

The Buyer within 8 (eight) days of receiving the products has the right to report any faults and initiate a complaint or refund procedure in the manner indicated in the "Complaints and Returns" section of the Platform, it being understood that, otherwise, the complaints and refund requests can not be properly managed by the team in charge of fooz!. 

 

13. Right of withdrawal

A) Cases of exclusion of the right of withdrawal

Pursuant to art. 59, paragraph 1, lett. d) and e) of Legislative Decree 6 September 2005, n. 206 (the "Consumer Code"), the right of withdrawal is excluded in relation to:

i) goods purchased by a “non-consumer” Buyer, as provided for in Article 3, paragraph 1, letter (a) of the Consumer Code and / or invoice request;

ii) goods that risk deteriorating or expiring rapidly; and

iii) sealed goods that can not be returned for hygienic reasons or related to health protection and that have been opened after delivery.

Without prejudice to the provisions of the previous paragraph, with reference to cases of exclusion of the right of withdrawal listed above, the Buyer, in particular, is informed and accepts that all products that "risk deteriorating or expiring rapidly" include all food products, including extra virgin olive oil as the characteristics and qualities of these types of products are subject to alteration also as a result of improper storage. Therefore, for reasons of hygiene and protection of Users, the right of withdrawal is applicable only for products purchased through the Platform that can be returned to fooz!, Intact in the respective seal, and returned to the market without danger to consumer health.

b) Exercise of the right of withdrawal

The Buyer will have the right to exercise the right of withdrawal, pursuant to art. 52 and ss. of Legislative Decree 206/2005, in relation to specific Products, other than those listed in the previous paragraph (a), provided that these, after delivery, have not been opened or their seals altered.

In cases where it is allowed to exercise the right of withdrawal, the Buyer has the right to withdraw from the purchase contract for any reason, without the need to provide explanations and without any penalty.

To exercise the right of withdrawal, the Buyer must send to the Owner, within 14 days from the date of delivery of the products covered by the purchase order, a written communication by email to the following email address contact@foozmarket.com with object "Exercise of the right of withdrawal" and:

a) filling out and attaching the form you can find here; and

b) expressing her/his intention to withdraw and providing the following additional information:

  1. purchase order number and date;
  2. delivery date of the purchase order;
  3. the name and address of the Buyer;
  4. the indication of an email address and telephone number of the Buyer;
  5. code of the article or the articles for which the right of withdrawal is intended

The right of withdrawal applies to the product purchased in its entirety; therefore, if the product is composed of several components or parts, the right of withdrawal can not be exercised only on part of the product purchased

Upon receipt of the notice of exercise of the right of withdrawal, fooz! will proceed to open a practice for the management of the return and to communicate to the Buyer the instructions on how to return the products, which will be made by courier indicated by fooz! no later than 14 days from the date of communication of the exercise of the right of withdrawal and with return costs borne by the Buyer. The goods must be returned to:

fooz! by Sergio Vincenzo Tunno,

Via Niccolò Piccinni, 65, BARI, ZIP Code: 70122

In case of exercise of the right of withdrawal, the Buyer will be reimbursed the full amount of the Products returned within the 14-day period from the day on which they are placed. has been informed of the Buyer's decision to exercise the right of withdrawal, without prejudice to the right of the Owner to suspend payment of the reimbursement until the actual receipt of the products.

The refund will be made using the same payment method used by the Buyer.

 14 Data processing

The buyer's data are processed in compliance with the provisions on personal data protection, as specified in the section https://foozmarket.com/pages/privacy containing the information pursuant to art. 13 D.lgs. June 30, 2003 (Privacy Policy).

 

15. Safeguard clause

In the event that one of the clauses of these General Terms and Conditions of Sale is null and void for any reason, this will in no case compromise the validity and compliance with the other provisions contained in these General Terms and Conditions of Sale.

 

16. Indemnity

In case of violation of the obligations of the user in accordance with these General Terms and Conditions of Sale, or the declarations and warranties provided therein, the user will be required to indemnify and hold the Owner harmless from and against any dispute, cost, legal action, litigation or claim and any loss, damage, liability, provision, penalty, interest and expense (including but not limited to legal fees) arising from disputes, legal actions, investigations, investigations, inquiries or other proceedings initiated by any subject in relation to:

(a) an ascertained or possible non-fulfillment of the declarations, guarantees or obligations foreseen by the present General Conditions of Sale;

(b) ascertained or possible injuries or violations of the rights of third parties or applicable laws arising from the use of trademarks and/or distinctive signs of the user and/or third parties in connection with the Service or Platform fooz!;

(c) the use by the user of the Service provided by fooz! or the execution of the sale of products concluded through the Platform.

17. Intellectual property

 

17.1.  Copyright, rights on databases and contents

All content available or made available through the Services and the fooz! platform, in the form of texts, graphics, logos, icon buttons, images, audio files, digital downloads, data and software collections, lists or other databases, are the property of the Owner or its content providers and are protected by Italian law and international laws on copyright, industrial law and database rights

It is not permitted to extract and / or systematically reuse data or parts of the Fooz Services! without the express written consent of the Owner. In particular, it is not allowed to use data mining, robots or similar acquisition or extraction devices to extract (one or more times), to reuse any substantial part of any fooz! Service, without the express written consent of the Owner. In no case will the User have the right to create and / or publish his own database that reproduces substantial parts (eg prices and product lists) of fooz! without the express written consent of the Owner.

It is not allowed to download and re-use texts and photographic material produced by fooz! without the express written consent of the Owner and any contents authorized and used by users must clearly state the owner of the intellectual property, ie the word "fooz!", and redirect to one of the pages of the Platform. 

17.2  Brand names

Graphic material, logos, page headers, icon buttons, fonts and service marks included or made available through any of the fooz! are trademarks or distinguishing marks of the Owner. The trademarks and distinctive signs of the Owner may not be used in connection with products or services that are not of the Owner, in such a way as to generate confusion among customers or in any way that may denigrate or discredit fooz!. All other trademarks not owned by the Owner appearing on any of the fooz! Services, they are the property of their respective owners, who may or may not be connected, to fooz! and/or sponsored by the same.

18. Contacts

Any request for information can be sent by e-mail to the following address contact@foozmarket.com or by telephone at the following address +39 3922874058 or by post at the following address:Via Niccolò Piccinni, 65, Bari, ZIP Code: 70122 

 

 

19. Applicable low and competent court

These General Terms and Conditions of Sale are governed by Italian law and interpreted on the basis thereof, without prejudice to any other prevailing mandatory rule of the country of habitual residence of the purchaser. Consequently, the interpretation, execution and termination of the General Terms and Conditions of Sale are subject exclusively to Italian law and any disputes concerning and/or consequent to them must be resolved exclusively by the Italian jurisdiction.

In particular, if the purchaser holds the status of Consumer, any disputes must be resolved by the court of the place of residence or residence of the same according to the applicable law.

These conditions were drafted on 15/05/2018