These general conditions (the “General Conditions“) define the general terms and conditions of use of the business-to-consumer and business-to-business services offered by Toscana Food Lover, VAT no. 07191690481, Via di Strognano 24 , Cerreto Guidi 50050 Florence, Italy, and its extensions usable through mobile applications (the “website“).
Before starting to browse the website and in any case before using and registering in the section of the website offering business-to-consumer services (the “B2C Platform“) or in the section of the website offering business-to-business services (the “B2B Platform“), we invite users to carefully read these General Terms and Conditions. It is understood that the General Terms and Conditions include any notes, legal or informational notices or disclaimers published on the website regarding the services offered by the Company as well as the terms referred to through links on this page.
Accessing, browsing and using the website and the freely accessible uses thereof constitutes express acceptance of the terms set out in these General Terms and Conditions requiring registration with the website or its Platforms and therefore entails the obligation to comply with them.
The user must register on the platform In order to use all services offered by the
company via the platform, and also full acceptance of the General Terms and Conditions.
In the event that you do not intend to accept all or part of these General Terms and Conditions, or any other notice, legal notice, information or disclaimer published on the website, please do not use the website, its Platforms and services.
In addition to the terms defined elsewhere in these General Terms and Conditions, the terms listed below shall have the meaning ascribed to each of them:
- “Buyer” means any natural or legal person, registered to any of the Platforms, who purchases the products made available by Sellers, including B2C Buyers and B2B Buyers, via the Platforms;
- “B2C Buyer” means Buyers registered to the B2C Platform, as defined in the B2C General Terms and Conditions;
- “B2B Buyer” means Buyers registered to the B2B Platform, as defined in the B2B General Terms and Conditions;
- ‘Platforms‘ means the B2C Platform and the B2B Platform;
- “Toscana Food Lover Services ” are the B2C Services and B2B Services offered through the Platforms;
- “Users” means users accessing the website, including Buyers and Sellers;
- “Registered Users” means Users who have completed Registration on any of the Platforms;
- “Seller“: means any natural or legal person, registered to any of the Platforms, who is professionally engaged in the production of agri-food products and who, through the Platforms, makes their own or third-party products available for purchase.
2.VARIATIONS AND ADDITIONS TO THE GENERAL CONDITIONS
The company reserves the right, at any time, to change, add to and/or cancel, in whole or in part, the Toscana Food Lover Services, the policies, these General Terms and Conditions, and any document ancillary thereto in order to offer new products or services or to adapt to market requirements or legal and regulatory provisions. In this case, we undertake to notify users of the contractual changes by publishing a notice on the website homepage or, as the case may be, the B2C Platform or the B2B Platform and to update the General Terms and Conditions.
The user is obliged to regularly check the General Terms and Conditions and expressly agrees that their use of the platforms, subsequent to the notice of change, constitutes an unequivocal manifestation of their acceptance thereof.
Should a user not wish to accept the changes made by the company, he/she shall have the right at any time to request the deletion of his/her account by following the procedure available in his/her personal area of the website or by writing an e-mail to firstname.lastname@example.org with the subject line “Account Deletion”.
In order to use the Toscana Food Lover Services, it is necessary to register on the B2C Platform or the B2B Platform respectively and then create your own personal account (the “Account“) by providing some personal information, indicating a valid e-mail address and, in general, by following the registration procedure illustrated from time to time.
The account is considered personal for the purposes of the sale and purchase of products via the platforms and cannot therefore be used on behalf of other natural or legal persons, nor can several accounts be created for the same User.
Registered users undertake to promptly update the data provided during registration in the event of subsequent changes and variations. Registered users shall be solely responsible for the truthfulness, completeness, accuracy and updating of such information.
The company also reserves the right to validate, either directly or through third parties, the Accounts of Registered Users on the Platforms, as well as the veracity of the information provided, where they do not meet the requirements set out in paragraph 3.2 below, or where there is reason to believe that the information provided is false. Notwithstanding the above, the company in no way guarantees the identity of registered users using the Platforms.
For the purposes of registration, a seller registering as a legal entity must have been incorporated and authorised to operate in one of the countries indicated on the respective platform it intends to use.
In the interest of buyers and in the interest of the company to offer high quality services, the company carefully selects sellers who can register on the platforms and offer their products. For this reason, the Company reserves the right, at its sole discretion, not to accept registration requests from sellers who do not meet certain criteria of product quality and commercial honesty and transparency.
3.3. THE CREDENTIALS OF REGISTERED USERS
The user is obliged to maintain the secrecy and security of his/her e-mail address and password (‘Credentials‘) chosen when registering for any of the credentials platforms.
Registered users may not disclose their credentials to third parties (who are not authorised to use the account).
In the event of credentials being compromised, the registered user must notify us promptly by writing to email@example.com so that we can suspend the account and prevent unauthorised transactions. Suspension of the account by the company requires a minimum
period of 1 business day from the date of receipt of the notice.
Under no circumstances can the company be held liable for any costs, expenses or damages incurred by the registered user as a result of the loss of his/her credentials not communicated in a timely manner or incurred during the minimum period of account suspension by the company referred to in the previous paragraph.
3.4. ACCOUNT LIMITS
The use of the platforms, and in general of the website, may be subject to restrictions, such as limits on the volume of transactions or limits on the purchase of certain products. These limits are set based on performance and risk factors, including but not limited to our assessment of the risks associated with the registered user’s account and location.
In the event of violation of applicable legal provisions, these General Terms and Conditions, or the guidelines, notes, disclaimers or other notices published by the company on the website by a registered user, the company reserves the right, at its sole discretion, to (i) remove or modify the content published by the registered user on the platforms and/or (ii) prevent access to the platforms, suspend or, in the cases listed in Article 11 below, delete the registered user’s account.
4.REVIEWS, COMMENTS AND OTHER USER-PROVIDED CONTENT
4.1. REVIEWS AND COMMENTS
Upon completion of each purchase, buyers shall be entitled to leave a comment and rating on the seller, a comment on the relevant products purchased and, in general, on the buying experience. To this end, each buyer undertakes not to publish comments with content that is unlawful, obscene, abusive, intimidating, defamatory, or in breach of privacy, intellectual property rights, or otherwise offensive to the company and/or third parties, or political propaganda, commercial solicitation, viruses, chain letters, mass e-mails or any other form of spamming. In addition, the Buyer undertakes to comply
with the rules for making and publishing comments on the platforms available in the “Desk” section – sub-section “My comments” (accessed by logging in, using his/her Credentials) as well as in the section “Review Regulations” section .
The company reserves the right to remove or edit content that is published in breach of these General Terms and Conditions or the applicable legislation.
4.2. USER-PROVIDED CONTENT
Under no circumstances can the user use a false e-mail address, pretend to be another person or subject, or otherwise lie about the origin of content uploaded by him/her.
The user shall be solely and exclusively responsible for the content uploaded to the platforms and, by accepting these General Terms and Conditions, declares and guarantees
(1) to have ownership or in any case full availability of all rights to the published content, including full authority to publish it;
(2) that, on the date on which the content or material is published:
(i) the content and material are accurate and relevant;
(ii) the use of the content and material provided does not violate any of the company’s policies and guidelines; and
(iii) the content to be published does not infringe the rights of third parties.
If the user believes that any content of any kind published on any of the Platforms or used within the scope of the Toscana Food Lover Services contains a defamatory statement or that any of their intellectual property rights have been infringed as a result of the publication of certain information on any of the platforms, we invite the user to send us an email to firstname.lastname@example.org with all the necessary information to assess the case and to promptly remove any possible content in the event that the infringement by any User or third party is ascertained.
Without prejudice to cases in which any liability is attributable to the failure to remove illicit content following receipt of an
appropriate notice at email@example.com, the user agrees to indemnify and hold the company harmless from all legal actions taken by third parties against the company arising from or in any way connected with the content and material provided by the User and published on any of the platforms.
5.CONDITIONS OF USE OF THE WEBSITE AND PLATFORMS
5.1. PERMITTED USE
Under no circumstances can the user act as a payment service provider, intermediary, service agency, or otherwise resell the services offered by the company on behalf of third parties, for example, by handling, processing and transmitting funds on behalf of third parties.
In using the platforms, users are obliged to comply with the provisions of applicable law, regulations and rules of ethics and good use of network services. In particular, they undertake not to
– violate applicable laws or simulate purchase negotiations and/or engage in unfair commercial conduct;
– spread computer viruses or other technologies capable of harming the website or any of the platforms or its users;
– take actions that may cause an unreasonable overload to our technological infrastructure and that may interfere with the proper use of the platforms by other users;
– send chain letters or pyramid schemes; copy, reproduce, alter, modify or disseminate content published by other ‘producers’ without their express consent;
– circumvent the measures adopted to prevent or limit access to and use of the website and/or the platforms;
– duplicate and/or create accounts other than one’s own, under fictitious names or in part with data common to other already registered users;
– in general, not to disrupt, directly or through third parties, in any way the Toscana Food Lover Services or the use of the same by other Users.
Without prejudice to the provisions of this paragraph, under penalty of immediate cancellation of the account and consequent interruption of the Toscana Food Lover services :
– the user registered as a seller undertakes not to contact, directly and/or indirectly, by any means other than the platforms the buyers registered with them;
– the user registered as a buyer undertakes not to contact, directly and/or indirectly, by any means other than the platforms, the sellers registered with them.
5.2. SELLER’S OBLIGATIONS
The seller undertakes to provide the company with the information necessary for the use of the Toscana Food Lover Services, also undertaking to keep it updated and guaranteeing its truthfulness, completeness and accuracy. In particular, the seller assumes all responsibility for the products sold through the platforms and the commercial information it provides to the company for the respective communications and publications on the platforms. Consequently, the company shall in no way be held liable for the unlawful, illegitimate, mendacious, inaccurate content of the information provided by the seller, and the seller undertakes to indemnify and hold the company harmless from any claim in this regard.
With regard to the content of its offers, the seller undertakes to comply with all provisions of the law in force, with particular reference to the principle of contractual good faith and free competition.
The seller undertakes to ship products that conform to the ones published on the platforms on which it is registered.
In order to make the company’s marketing activities more effective and to increase its sales volumes on the platforms, the seller undertakes to align, for the entire duration of the relationship with the company, the sales price of its products applied in all sales concluded outside of the Toscana Food Lover Platform to the respective sales price published on the latter  .
The seller acknowledges that the breach of the obligation referred to in this paragraph entitles the company to cancel the seller’s account in accordance with the provisions of paragraph 11.3 below (Suspension or cancellation of the account by the company ).
5.3 SELLER’S DECLARATIONS AND GUARANTEES
the seller declares that (i) it has all the powers to register with the platform, use the services offered by the platform and validly conclude contracts for the purchase and sale of products and execute the same (ii) have the authorisation to use, publish, expend the relevant content, trademarks, logos for the purpose of using the services, (iii) have the necessary licences and permits for the distribution, production and trade of the products sold as established by the applicable laws and (iv) possess any certifications required for exportation to EU or non-EU countries indicated in the Membership Form or indicated subsequently in writing. Any detrimental consequence, of whatever nature, resulting from the breach of the guarantee obligation hereunder shall be borne by the seller, with the express obligation on the part of the latter to indemnify the company against any and all damages, claims, and demands, from whomever arising.
6.1. COPYRIGHT, DATABASE AND CONTENT RIGHTS
All contents present on or made available through the website and the platforms 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 company or its content providers and are protected by Italian and international laws on copyright, industrial law and database rights.
It is not permitted to systematically extract and/or reuse data or parts of the content published on the website without the express written consent of the company. In particular, you may not use data mining, robots or similar acquisition or extraction devices to extract
(one or more times) any substantial part of the website for re-use without our express written consent. Under no circumstances shall the user be entitled to create and/or publish its own database reproducing substantial parts (e.g. prices and product lists) of the website without the express written consent of the company.
It is not permitted to download and reuse texts and photographic material produced by the company without the express written consent of the company and the contents that may be authorised and used by users must clearly indicate the owner of the intellectual property, i.e. the wording “Toscana Food Lover”, and redirect to one of the pages of the website.
The graphics, logos, page headers, icon buttons, fonts and service marks included in or made available through the platforms are trademarks or distinctive signs of the company.
The company’s trademarks and distinctive signs may not be used in relation to products or services that are not those of the company, in such a way as to generate confusion among customers or in any way that may denigrate or discredit the company.
All other trademarks not owned by the company that appear on the platforms are the property of their respective owners, who may or may not be connected to, related to and/or sponsored by the company.
The property rights of the content, including texts, photographs and anything else posted on the platforms by the user, (the ” Content“) are owned by the registered user who has uploaded it via their account.
Upon publication of the contents on the platforms, the registered user grants the company a perpetual, free, non-exclusive and unrestricted territorial licence to use, reproduce, distribute, transfer to third parties, sub-licence and view the contents also in relation to the provision of the Toscana Food Lover services as well as within the scope of
the further services and commercial and/or advertising activities carried out by the company, including, by way of example only, the promotion and redistribution of all or part of the website or of any of its platforms in any format and through any distribution channel.
Without prejudice to the above and unless otherwise agreed in writing with the company, all photos, videos and/or other material directly created by the company for the creation of the so-called “online shop window” of registered users and in any case for the use by the same for the Toscana Food Lover Services is the exclusive property of the company.
7.TEMPORARY INTERRUPTION OF Toscana Food Lover SERVICES
The company undertakes to make every effort to ensure that access to the website, the platforms and the Salumeria Toscana services is provided without interruption and that transmissions are error-free. However, due to the nature of the Internet, uninterrupted access and error-free transmission cannot be guaranteed. In addition, access to the website or individual platforms may also be occasionally suspended or restricted to allow for repair or maintenance work, or the introduction of new activities or services. Notice of such interruptions will be announced, if possible, on the individual platform.
At any time, the company may make improvements and/or changes to the Toscana Food Lover Platforms and Services if this becomes necessary for technical reasons or in order to comply with the regulations in force.
8.LIMITATIONS OF LIABILITY
The company assumes no liability for content created or published on third-party websites that the individual platforms have a hyperlink with. The company does not control these links and is not responsible for their contents or their use. The presence of links on the platforms does not imply any acceptance by the company of the material published on such websites or any other relationship between the company and the operators of such websites. The user who decides to visit a website linked to the individual platforms or in any case to the website does so at his or her own risk, assuming the burden of taking all necessary measures against viruses or other malware.
Users assume all liability for any damage that may be caused to their computer system by the use of the website and the platforms.
Users of the platforms acknowledge and accept that the company does not provide guarantees of any kind regarding (i) the identity, legal capacity, seriousness of intent or other characteristics of registered users, (ii) the quality, lawfulness and safety of the products published on the platforms, as well as (iii) the truthfulness and accuracy of the descriptions provided by registered users in relation to themselves and the products they may promote via the platforms.
The company shall not be held liable for (i) any loss that is not a consequence of the breach of these General Terms and Conditions for any loss of business opportunity (including lost profits, revenues, contracts, assumed savings, data, goodwill or unnecessarily incurred expenses), (iii) any other indirect or consequential loss, whether or not foreseeable by the user at the time he/she started to use Toscana Food Lover Services. The company shall also not be liable for any delay or non-performance of its obligations under these General Terms and Conditions if the delay or non-performance results from unforeseeable circumstances or force majeure.
The company cannot be held liable for any inefficiency caused by Shipping Partners.
No claim related to the delivered products, non-delivery of the products or for other reasons shall exceed the amount of the purchase price of the products that gave rise to the claim
In the event of (i) breach of the user’s obligations under these General Terms and Conditions (ii) breach of the User’s representations and warranties set out in the General Terms and Conditions or in a separate
agreement entered into with the company, the user shall indemnify and hold the company harmless from and against any and all costs, losses, damages, liabilities or expenses (including, without limitation, legal fees) arising out of any claims, suits, investigations, enquiries or other proceedings brought by any person against the company in relation to any such breach.
Until the date on which the seller’s account is deleted from the platform and for 12 (twelve) months thereafter, the seller agrees to maintain any confidential information (that is not in the public domain) relating to the operation of the platform and the related services offered. It is also understood that in the event of a breach of the confidentiality obligations provided for in this article, the company shall be entitled to terminate the contract.
11.DURATION AND RESOLUTION
In respect of registered users, the General Terms and Conditions remain valid and effective until the date on which the account is deleted.
11.1. ACCOUNT DELETION
Buyers may request the deletion of their account at any time by written communication by email to firstname.lastname@example.org with the subject “Account Deletion”.
Sellers may request, with 1 month’s notice, the cancellation of their account in writing sent by email to email@example.com with the subject ‘Account Deletion’.
11.2. SUSPENSION OR DELETION OF THE ACCOUNT BY THE COMPANY
The company shall also have the right to suspend and/or interrupt the Toscana Food Lover Services for the registered user and to prevent access to their account (including, by way of example, to the amounts held in the account) in the following cases
(i). the registered user has provided false, incomplete, incorrect or misleading information (including, without limitation, any registration data) or has engaged in fraudulent or unlawful conduct;
(ii). unauthorised or fraudulent use of the registered user’s associated account or respective payment details is detected or reported;
(iii). the registered user has a high risk profile;
(iv). in the event of a breach of the obligations respectively provided for by Articles 4 (Reviews, comments, and other content provided by the User), 5 (Conditions of use of the website and the Platforms), 6 (Intellectual Property).
In the event of any of the cases provided for in this Article, the company will inform the registered user that their account has been suspended and also the reasons for said suspension, where possible, before the suspension commences or at the latest as soon as it commences, except in cases where such communication would compromise security measures or is prohibited by applicable law.
The company will only reactivate the user’s account if the registered user has remedied said alleged violations within 15 (fifteen) days from the date of receipt of the notice of suspension. Otherwise, the company shall proceed to delete the registered user’s account and notify the user in writing and the provisions of paragraph 11.4 below shall apply.
Any request for account reactivation must be made by e-mail to firstname.lastname@example.org with the subject line “Account reactivation”.
Notwithstanding the above, should a registered user not use the Toscana Food Lover Services for a period of at least 24 (twenty-four) consecutive months, the Company shall, after sending a notice by e-mail, delete the account associated with said registered user.
In any event, the company reserves the right to take appropriate legal action, both in civil and criminal proceedings, to protect its rights and interests and the rights of third parties.
Within 8 (eight) days of receiving the products, the B2C Buyer is entitled to make use of the complaint service offered by the company,
reporting any defects in the products received and initiating the relevant complaint or refund procedure. To this end, the B2C Buyer shall follow the procedures indicated in the “Support” section of the B2C Platform, it being understood that, otherwise, complaints and claims cannot be properly handled by the team tasked to do so by the company.
13.RIGHT OF WITHDRAWAL
a) Cases of exclusion of the right of withdrawal
Pursuant to Art. 59(1)(d) and (e) of Lgs. Decree no. 206 of 6 September 2005, (Consumer Code) (the ‘Consumer Code’), the right of withdrawal is excluded in relation to:
a) goods purchased by a B2C buyer who does not hold the status of ‘consumer’ within the meaning of Article 3(1)(a) of the Consumer Code and/or who requires an invoice;
(b) goods in danger of deteriorating or expiring rapidly;
(c) sealed goods that are not suitable for return for hygienic or health protection reasons and that have been opened after delivery.
Without prejudice to what is provided for in the previous paragraph (Claims), with reference to the cases of exclusion of the right of withdrawal listed above, the B2C buyer, in particular, is informed and accepts that the products that “risk deteriorating or expiring rapidly” include all food products, since the characteristics and qualities of these types of products are subject to alteration also as a consequence of inappropriate storage. Therefore, for reasons of hygiene and the protection of users, the right of withdrawal only applies to products purchased via the B2C Platform that can be returned to the Seller, undamaged, in their sealed container, and returned to the market without endangering the health of consumers.
The buyer’s right of withdrawal for purchases of Fresh Meat must be considered excluded, since this contract concerns the sale of made-to-measure or clearly customised goods. Similarly, the nature of the products (fresh meat) means that they cannot be returned as
this would lead to their irreversible deterioration.
The seller assumes no liability for the delay or non-delivery of products due to force majeure or unforeseeable circumstances occurring at any stage of production, processing and shipment.
The seller shall not be liable to any party or third party for damages, losses and costs incurred as a result of the non-performance of the contract for the aforementioned reasons, with the buyer entitled only to a refund of the price paid.
The buyer indemnifies the seller for any liability arising from the issue of incorrect tax documents due to errors in the data provided by the buyer, the latter being solely responsible for their correct entry.
The seller assumes no responsibility for the storage of the product if it is not removed from stock within the prescribed time.
b.Exercising the right of withdrawal
The B2C buyer shall be entitled to exercise the right of withdrawal, pursuant to Art. 52 et seq. of the Consumer Code in relation to specific products, other than those listed in paragraph (a) above, provided that, after delivery, said products have not been opened or their seals altered.
Where exercising of the right of withdrawal is permitted, the B2C buyer has the right to withdraw from the purchase contract with the seller for any reason whatsoever, without explanation and without penalty.
In order to exercise the right of withdrawal, within the term of 14 days from the date of delivery of the products purchased, the B2C buyer shall send a written communication by e-mail to the company at the following e-mail address, email@example.com with the subject “Exercising the right of withdrawal”, expressly stating their wish to withdraw and providing the following additional information
i. purchase order number and date;
ii. date of delivery of the purchase order;
iii. the name and address of the B2C buyer;
iv. the provision of an email and telephone number for the B2C buyer; v. code of the item or items for which the right of withdrawal is to be exercised.
The right of withdrawal applies to the purchased product in its entirety; therefore, if the product consists of several components or parts, the right of withdrawal cannot be exercised on only part of the purchased product.
Upon receipt of the notice of exercising the right of withdrawal, the Company shall open a file for managing the return and notify the seller of the successful exercising of this right. The latter will then promptly arrange for the withdrawal of the products at their own expense, entrusting a courier or, where agreed upon with the Company, one of the Shipping Partners. The Company shall then provide the B2C buyer with instructions on how to return the products provided by the Seller, which must take place by and no later than the term of 14 days from the date of the communication of exercising the right of withdrawal to the Company.
In the event that the right of withdrawal is exercised, the B2C buyer shall be refunded the full amount of the returned products within a period of 14 days from the day on which the company was informed of the B2C buyer’s decision to exercise the right of withdrawal, without prejudice to the company’s right to suspend payment of the refund until actual receipt of the products.
Refunds will be made using the same payment method used by the B2C buyer
The company’s failure to exercise its right of action against users in breach of these General Terms and Conditions does not in any way constitute any form of waiver of the company’s rights, including its right of action.
Should any provision of these terms and conditions be held invalid, void or for any reason unenforceable, such condition shall not affect the validity and enforceability of the other provisions.
All communications envisaged and/or permitted under these General Terms and
Conditions will be made electronically, by e-mail or by posting notices and communications on the website and/or the platform on which the registered user is registered.
Users expressly acknowledge and accept that the notices, disclosures and other communications we provide in electronic form fulfil the requirement of written form, as provided by law.
16.OUR CONTACT DETAILS
Toscana Food Lover s.r.l.
Registered office: Via di Strognano 24, Cerreto Guidi 50050 Florence (Italy)
VAT NO. 07191690481
17.APPLICABLE LAW AND JURISDICTION
These General Terms and Conditions shall be governed by and interpreted in accordance with Italian law.
Without prejudice to the case in which the regulations provided for in Legislative Decree no. 206/2005, in the event of disputes concerning the interpretation and application or breach of these General Conditions, the relative disputes shall be referred to the Court of Florence where the Company has its registered office.
Pursuant to and for the purposes of Articles 1341 and 1342 et seq. of the Civil Code, the user declares that he/she has read and understood and therefore expressly approves Articles 2 (Changes and additions to the General Conditions), 3.3 (Registered Users’ Credentials), 3.4 (Account Limits), 4 (Reviews, comments and other content provided by the User), 5 ( Conditions of use of the Website and Platforms), 5.2 (Seller’s Obligations), 5.3 (Seller’s Representations and Warranties), 6 (Intellectual Property), 8 ( Limitations of Liability), 9 (Indemnity), 10 (Confidentiality), 11 (Term and Termination), 11.2 ( Suspension or Cancellation of Account by Company), 13 (Electronic Communications) and 17 (Applicable Law and Jurisdiction).
 For the sake of clarity, please note that the “sale price published on the Toscana Food Lover Platform” means the final sale price, inclusive of applicable transaction costs, including the management fee payable to the company.
(Last updated 28-06-2019)