Terms and conditions
This document contains the general terms and conditions on the basis of which the use of the website www.angelfood.it is offered to users, which offers gluten-free and also lactose-free pastry and gastronomy products, fresh, dried, refrigerated or frozen .
To enable a complete understanding and acceptance of these terms and conditions, the following terms, singular and plural, will have the meaning indicated below:
- Owner: Matteo Giuseppe Panzarella, Piazza San Carpoforo, 7/9 - 23014 - Delebio (SO), Fiscal Code PNZMTG71R12C623Z, VAT number 01031100140, PEC address email@example.com
- Application: the website www.angelfood.it
- Products: the products supplied to the user by the Owner
- User: any person who accesses and uses the Application
- Consumer User: the adult natural person who concludes a contract for purposes unrelated to his business, commercial, craft or professional activity possibly carried out
- Non-Consumer User: the adult natural person or legal person who concludes a contract for the performance or for the needs of his business, commercial, craft or professional activity
- Conditions: this contract which governs the relationship between the Owner and the Users and the sale or supply of the Products offered by the Owner through the Application.
Detailed information on the offer of the Application
The Application provides Users with fresh or dry pastry products, such as, but not limited to, various biscuits, desserts in jars, pastry bases, ready-made sauces or creams: these products can be frozen at the origin by Angel Food to increase their duration, or they can be dry products that can be stored at room temperature or products that require refrigeration.
Scope of the Terms
Use of the Application implies acceptance of the Conditions by the User. If the User does not intend to accept the Conditions and/or any other note, legal notice, information published or referred to therein, he will not be able to use the Application or the related services.
The Conditions can be modified at any time.
The applicable Conditions are those in force on the date of transmission of the purchase order or request for supply of a Product.
Before using the Application, the User must read the Conditions carefully and save or print them for future consultation.
The Owner reserves the right to vary at its discretion, at any time even after the User's registration, the graphic interface of the Application, the Contents and their organization, as well as any other aspect that characterizes the functionality and management of the 'Application, communicating to the User, where necessary, the relative instructions.
Purchase or supply request through the Application
All the Products offered through the Application are described in detail in the relative product pages (quality, characteristics, availability, price, delivery times and costs, ancillary charges, etc.). There may be some errors, inaccuracies or small differences between what is published on the Application and the real Product. Furthermore, any images of the Products are only representative and do not constitute a contractual element.
Purchases and/or requests for supply of one or more Products through the Application are permitted for both Consumer Users and non-Consumer Users.
Natural persons can make purchases and/or supply requests only on condition that they are of age. For minors, every purchase and/or request for supply of Products through the Application must be examined and authorized by the parents or by those exercising parental responsibility.
The offer of the Products through the Application constitutes an invitation to offer and the order sent by the User will be valid as a contractual purchase proposal and/or supply request, subject to confirmation and/or acceptance by the Owner as described in following. Therefore, the Owner will have, at its sole discretion, the right to accept or not the User's order without the latter being able to object or complain about anything for any reason and/or reason.
The contract for the sale or supply of the Products is understood to be concluded with the acceptance by the Owner of the User's contractual proposal. The Owner will accept the User's contractual proposal by sending the order confirmation to the e-mail address indicated by the User or by viewing an order confirmation web page, in which the date of the order, the User's data, the characteristics and availability of the Product, the price or the method of calculating the price, any additional charges and ancillary taxes, the delivery address, times and any delivery costs, the methods for exercising the right of withdrawal or its possible exclusion and the guarantee.
The contract for the sale or supply of the Products is not considered effective between the parties in default of what is indicated in the previous point.
In the event that the Product is not available, the Owner will inform the User of the new delivery or supply terms, asking if he intends to confirm the order or not. It is understood that the contract will be considered completed in relation to the Products accepted by the Owner.
The User undertakes to verify the correctness of the data contained in the order confirmation and to immediately notify the Owner of any errors and will keep a copy of his order, the relative confirmation and the Conditions.
The User has the duty to keep his own access credentials which must be used exclusively by the User and cannot be transferred to third parties. The User undertakes to keep them secret and to make sure that no third party has access to them and to immediately inform the Owner in the event that he suspects or becomes aware of an improper use or undue disclosure of the same.
The User guarantees that the personal information provided during the registration procedure is complete and truthful and undertakes to hold the Owner harmless and indemnified from any damage, compensation obligation and/or sanction deriving from and/or in any way connected to the violation by part of the User of the rules on registering with the Application or on the retention of registration credentials.
Account cancellation and closure
The registered User can stop using the Application at any time and deactivate his or her account or request its cancellation through the Application interface, if possible, or by sending a written communication to the e-mail address info@angelfood. it or by calling customer service on 3923268696.
In the event of a violation by the User of the Conditions or applicable legal provisions, the Owner reserves the right to suspend or terminate the User's account at any time and without notice.
Prices and Payments
For each Product, the price including VAT, if due, is indicated. If the nature of the Product makes it impossible to calculate it in advance, the methods for calculating the price are indicated.
Furthermore, all possible taxes, additional costs and delivery costs will be indicated, which may vary according to the destination, the chosen delivery method and/or the payment method used. If these expense items cannot reasonably be calculated in advance, there will be an indication of what expenses will be charged to the User.
The Owner reserves the right to modify, at any time, the price of the Products and any additional costs. It is understood that any price changes will in no case affect the contracts already concluded before the change.
The User undertakes to pay the price of the Product in the times and ways indicated in the Application and to communicate all the necessary data that may be requested.
The Application uses third-party tools for payment processing and does not in any way come into contact with the payment data provided (credit card number, cardholder name, password, etc.).
Should these third-party tools deny payment authorization, the Owner will not be able to supply the Products and cannot be held responsible in any way.
The User who wishes to receive the invoice will be asked for billing data. For the issuance of the invoice, the information provided by the User, which he declares and guarantees to be true, will be used as proof, releasing the Owner from any and all indemnity in this regard.
Methods of delivery of material Products
The tangible Products and/or digital goods supplied on a tangible medium will be delivered to the address indicated by the User, in the manner and within the time limit chosen or indicated on the Application and indicated in the order confirmation. Unless otherwise specified, the delivery terms specified in the order confirmation indicate the period of time usually necessary to deliver the Product from the moment the courier takes charge.
In the event that it is not possible to supply the Products requested, prompt notice will be given by e-mail to the User, with an indication of when it is expected to be able to deliver them or of the reasons which make the supply impossible.
If the User does not intend to accept the new term or delivery has become impossible, he may request a refund of the amount paid which will be credited promptly in the same payment methods used by the User for the purchase within a maximum of 14 days from the date on which the Owner has become aware of the refund request.
Upon receipt of the Product, the User is required to verify its conformity with the order placed as well as the integrity of the packaging. In the event that there are evident damages to the packaging and/or to the Product, the User may refuse delivery of the Product and may return it at no cost to him. Once the delivery document has been signed, the User will not be able to make any objection regarding the external characteristics of the delivered Products.
The Owner will 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 due to force majeure.
Exclusion of the right of withdrawal of non-consumer users
The non-consumer user does not have the right to withdraw from the contract for the sale or supply of the products. The User expressly acknowledges that the indication of a VAT number in the order automatically qualifies him as a non-consumer User, for whom the right of withdrawal is not envisaged.
Exclusion of the right of withdrawal of the Consumer User
The right of withdrawal from the contract of sale or supply of the Products by the Consumer User is excluded in relation to:
- to the supply of Products which are liable to deteriorate or expire rapidly
- to the supply of sealed Products which do not lend themselves to being returned for hygienic or health protection reasons and which have been opened after delivery
For further information, contact the Data Controller at the e-mail address info (at) angelfood.it or by calling customer service on +39 3923268696 .
Warranty of Material Products for Non-Consumer Users
In relation to the material Products, the guarantees for defects of the thing sold, the guarantee for promised and essential quality defects and the other guarantees provided by the civil code with the relative terms, forfeitures and limitations (articles 1490) will be applied to non-consumer users. et seq. cc).
Guarantee of conformity of material Products for Consumer Users
The legal guarantee of conformity is recognised, provided for by articles 128-135 of the Consumer Code, for all Products sold through the Application that fall into the category of "consumer goods", as governed by art. 128, paragraph 2 of the Consumer Code: any movable property, even to be assembled, except i) goods subject to forced sale or in any case sold in other ways by the judicial authorities, including by delegation to notaries, ii) water and gas, when not packaged for sale in a limited volume or specific quantity, iii) electricity.
The legal guarantee of conformity is reserved for Consumer Users only.
The Owner has the obligation to deliver to the Consumer User Products compliant with the sales contract. The Products are presumed to be in conformity with the contract if, where relevant, the following circumstances coexist:
- they are suitable for the use for which goods of the same type are normally used
- they conform to the description made by the Owner and possess the qualities of the good that the seller has presented to the Consumer User as a sample or model
- present the usual quality and performance of a good of the same type, which the Consumer User can reasonably expect, taking into account the nature of the Product and, where appropriate, the public declarations on the specific characteristics of the Products made in this regard by the Owner, the manufacturer or its agent or representative, especially in advertising or on labelling
- they are also suitable for the particular use desired by the Consumer User and which has been brought to the attention of the Owner at the time of conclusion of the contract and which the Owner has accepted also for conclusive facts.
Any failures or malfunctions caused by accidental events or by the responsibility of the Consumer User or by use of the Product that does not comply with its intended use and/or with the provisions of the attached technical documentation are therefore excluded from the scope of the guarantee of conformity.
The lack of conformity that occurs within 24 months from the date of delivery of the Product must be reported within 2 months from the date of discovery of the defect.
Unless proven otherwise, it is assumed that the lack of conformity that occurs within 6 months of delivery of the Product already existed on that date, unless this hypothesis is incompatible with the nature of the Product or with the nature of the lack of conformity. After 6 months, the Consumer User will have to provide proof that the damage did not originate from an incorrect or improper use of the Product.
Pursuant to art. 130 of the Consumer Code, in the event of a lack of conformity of the Product, the Consumer User has the right to restore the conformity of the Product, free of charge. To this end, the Consumer User can choose between repairing the Product or replacing it.
This right of choice cannot be exercised if the requested remedy is objectively impossible or excessively onerous. Furthermore, the Consumer User has the right to an appropriate price reduction or termination of the contract, only if one of the following situations occurs: i) repair and replacement are impossible or excessively expensive; ii) the Owner has not repaired or replaced it within a reasonable time; iii) the replacement or repair has caused significant inconvenience to the Consumer User.
If the Consumer User intends to take advantage of the remedies provided by the guarantee of conformity, he must send a written communication to the e-mail address firstname.lastname@example.org or by calling customer service on 3923268696.
The Owner will promptly respond to the communication of the alleged lack of conformity and will indicate to the Consumer User the specific procedure to follow, also taking into account the product category to which the Product belongs and/or the reported defect.
User Submitted Content
The User can upload Contents to the Application, provided they are not illegal (i.e. obscene, intimidating, defamatory, pornographic, abusive or in any way illegal or violate the privacy, intellectual and/or industrial property rights of the Owner and/or third parties ), misleading, or are not harmful to the Data Controller and/or third parties in any other way or do not contain viruses, political propaganda, commercial solicitations, mass e-mails or any other form of spamming. In the event of a dispute by third parties, the User assumes full responsibility and undertakes to hold the Owner harmless and harmless from any damage, loss or expense.
The User guarantees that the Contents are sent to the Application through his account by adults. For minors, the sending of Contents must be examined and authorized by the parents or by those exercising parental responsibility.
The User is totally and exclusively responsible for the use of the Application with regard to the functions of publication, consultation, management of the Contents and contact between Users and is therefore the only guarantor and responsible for the correctness, completeness and lawfulness of the Contents and your own behavior.
It is forbidden to use an e-mail address that is not owned by the User, to use the personal data and credentials of another User in order to appropriate his identity, or in any other way to falsely declare the origin of the Contents.
The Owner is unable to ensure precise control over the Contents received and reserves the right at any time to delete, move, modify those which, in its discretionary judgment, appear to be illicit, abusive, defamatory, obscene or harmful to the right of author and trademarks or in any case unacceptable.
Users grant the Owner a non-exclusive right of use on the Contents sent, without limitations of geographical areas. The Owner may therefore, directly or through trusted third parties, use, modify, copy, transmit, extract, publish, distribute, publicly perform, disseminate, create derivative works, host, index, memorize, annotate, codify, modify and adapt ( including without limitation the right to adapt for transmission by any means of communication) in any form, any Content (including images, messages, even audio and video) that may be sent by the User, even through third parties.
The Content sent will not be returned and the Owner will not be liable to Users for the loss, modification or destruction of the Content sent.
It is expressly forbidden, unless explicitly authorized by the Owner: i) the use of automatic ad loading systems, except those expressly authorized, ii) the serial publication and/or management of ads on behalf of third parties by any means or modality, iii) resell the services of the Owner to third parties.
Industrial and Intellectual Property Rights
The Owner declares to be the owner and/or licensee of all intellectual property rights relating and/or pertaining to the Application and/or the Contents available on the Application. Therefore, all trademarks, figurative or registered and all other signs, trade names, service marks, word marks, trade names, illustrations, images, logos, contents relating to the Application are and remain the property of the Owner or its licensors and are protected by applicable trademark laws and related international treaties.
The Conditions do not grant the User any license to use the Application and/or individual contents and/or materials available therein, unless otherwise regulated.
Any reproductions in any form of the explanatory texts and of the Contents of the Application, if not authorized, will be considered violations of the intellectual and industrial property rights of the Owner.
The Application is provided "as is" and "as available" and the Owner does not provide any explicit or implicit guarantee in relation to the Application, nor does it provide any guarantee that the Application will meet the needs of Users or that it will not never interruptions or will be free of errors or it will be free of viruses or bugs.
The Owner will work to ensure that the Application is available uninterrupted 24 hours a day, but cannot in any way be held responsible if, for any reason, the Application is not accessible and/or operational at any time or for any period . Access to the Application may be suspended temporarily and without notice in the event of system failure, maintenance, repairs or for reasons totally unrelated to the Owner's will or due to force majeure events.
Limitation of Liability
The Owner cannot be held responsible towards the User, except in the case of willful misconduct or gross negligence, for disservices or malfunctions connected to the use of the internet beyond its control or that of its suppliers.
Furthermore, the Owner will not be liable for damages, losses and costs suffered by the User following the non-execution of the contract for reasons not attributable to him, since the User is only entitled to a full refund of the price paid and any ancillary charges supported.
The Owner assumes no responsibility for any fraudulent or illegal use that may be made by third parties of credit cards and other means of payment, as it does not in any way come into contact with the payment data used (number of credit cards, holder's name, password, etc.)
The Owner will not be responsible for:
- any loss of commercial opportunity and any other loss, even indirect, possibly suffered by the User which is not a direct consequence of the breach of the contract by the Owner
- incorrect or unsuitable use of the Application by Users or third parties
- the issue of incorrect documents or fiscal data due to errors relating to the data provided by the User, the latter being solely responsible for the correct insertion
- In no event can the Owner be held responsible for a sum exceeding double the cost paid by the User.
- Major force
The Owner cannot be held responsible for the failure or delayed fulfillment of its obligations, for circumstances beyond the reasonable control of the Owner due to force majeure events or, in any case, to unforeseen and unpredictable events and, in any case, independent of its will .
The fulfillment of the obligations by the Owner will be considered suspended for the period in which events of force majeure occur.
The Owner will perform any act in his power in order to identify solutions that allow the correct fulfillment of his obligations despite the persistence of force majeure events.
Linking to Third Party Sites
The Application may contain links to third party sites/applications. The Owner does not exercise any control over them and, therefore, is in no way responsible for the contents of these sites/applications.
Some of these links may refer to third party sites/applications that provide services through the Application. In these cases, the general conditions for the use of the site/application and for the use of the service prepared by third parties will apply to the individual services, with respect to which the Owner assumes no responsibility.
- Applicable law and jurisdiction
The Conditions are subject to Italian law.
For Consumer Users, any dispute relating to the application, execution and interpretation of these Conditions will be devolved to the forum of the place where the Consumer User resides or has elected domicile, if located in the territory of the Italian State, without prejudice to the right for the User Consumer to appeal to a judge other than that of the "consumer forum" pursuant to art. 66 bis of the Consumer Code, competent for the territory according to one of the criteria set out in articles 18, 19 and 20 of the civil procedure code.
Without prejudice to the application to Consumer Users who do not have their habitual residence in Italy of any more favorable and mandatory provisions provided for by the law of the country in which they have their habitual residence, in particular in relation to the deadline for exercising the right of withdrawal, at the deadline for returning the Products, in the event of exercise of this right, the methods and formalities of communicating the same and the legal guarantee of conformity.
For non-consumer users, any dispute relating to the application, execution and interpretation of these conditions will be referred to the court of the place where the owner is based.
- Online Dispute Resolution for Consumer Users
The Consumer User residing in Europe must be aware of the fact that the European Commission has set up an online platform that provides an alternative dispute resolution tool. This tool can be used by the Consumer User to resolve in a non-judicial manner any dispute relating to and/or deriving from contracts for the sale of goods and the supply of services entered into on the web. Consequently, the Consumer User can use this platform for the resolution of any dispute arising from the contract stipulated online. The platform is available at the following address: ec.europa.eu/consumers/odr/
Last updated on April 28, 2023