1. GENERAL TERMS AND CONDITIONS
1.1 Iyo s.r.l. (hereinafter identified as “Vendor”), with registered office in Via Piero della Francesca 74, 20154, Milan, Italy, VAT number 05310380968, is the sole owner of the iyo-omakase.com website (hereinafter identified as “Website”).
1.2 The General Terms and Conditions of Sale stated in this document (hereinafter also referred to as the “Conditions of Sale”), contain provisions regulating the offer, transmission, method of purchase, acceptance, delivery of the Products purchased and the right of cancellation of the person who purchased the Products (hereinafter also referred to as the “Customer”), between Website users and the Vendor. They don’t regulate the provision of services or the sale of products by different parties that can be accessed through the Website via hypertext links, links or banners.
1.3 Contracts for the purchase of Products will be stipulated between the Vendor and the Customer and shall be concluded exclusively through the Internet, after Customer’s access to the virtual shop on the Website and placement of a purchase order, according to the procedure set on the Website.
The contracts concluded between the Vendor and the Customer, where the latter assumes the status of final consumer (i.e. in the event that the Customer makes purchases on the Site for purposes not related to his professional or entrepreneurial activity, or where he does not request invoicing to a person with a VAT number), are governed by Directive 2011/83/EU of the European Parliament and of the Council of 25/10/2011 and by Directive 1999/44/EC of the European Parliament and of the Council of 25/05/1999.
1.4 In order to proceed with the purchase of Products, the Customer must be of legal age and accept these Terms of Sale. The Conditions of Sale may be modified by the Vendor at any time and their application is effective as they are published on the Website.
In order to conclude the purchase contract, the Customer must expressly accept the Terms of Sale by means of a flag before proceeding to payment. The Conditions of Sale related to the purchase are those published at the time the order is concluded.
2.1 The customer may only purchase the products available in the virtual shop on the Website. The availability of the products on the site at the time the order is concluded is approximative: at the same time purchases may be made by other customers concluding the process earlier, thus making the selected products unavailable.
2.2 Gift cards and gift vouchers expire after six months from the date of purchase (this period may be extended as a consequence of extraordinary events such as, for example, public health emergencies imposing the closure of public establishments or events related to the Vendor) and are non-refundable if not used within the expiration date.
The reference code of the gift card or gift voucher shall be communicated at the time of booking and use. In the event that the final bill exceeds the value of the gift card or gift voucher, the difference shall be paid. In the event that the final bill is less than the value of the gift card or gift voucher, the difference shall be compensated for by a voucher to be used at the restaurant.
2.3 Images attached to a product description may not be perfectly and entirely representative of its characteristics and differ in color, size, and complementary products. The Customer may at any time request further information using contacts available on the Website.
3. PURCHASE METHODS & CONTRACT TERMINATION
3.1 To purchase the Products, the Customer shall fill in the fields provided in the order form on the Website. The order form contains a summary of the main commercial conditions, including price, means of payment and delivery terms, as well as a summary of the main characteristics of the ordered Products and the Terms of Sale.
3.2 Before sending the purchase order: the Customer may correct any mistake in the personal information or data; the Seller shall ask the Customer, through the purchase order entry procedure, to carefully read the Terms of Sale, including the right of cancellation, to print a copy and to save or reproduce a copy of the order for personal use.
3.3 The Vendor has the right to assess the acceptance of any order received and may refuse or not process purchase orders that are incomplete or incorrect, or in the event of unavailability of the Products or of any occurrence that involves the delivery of Products ordered in specific areas.
3.4 The Vendor will notify the Customer of any inability to accept orders received within 48 hours from the working day following the day on which the Customer placed the order and shall refund any amount of money already paid by the Customer.
Apart from the reimbursement of all sums paid by the Customer, the Customer’s right to obtain the payment of any other sum for any reason whatsoever (indemnity, compensation, etc.) is excluded.
Any contractual or extra-contractual liability for direct or indirect damage to persons and/or property that may be attributable to the Vendor’s non-acceptance, even partial, of an order is also excluded.
3.5 The contract for the purchase of the Products indicated in the order form shall be deemed concluded when the Vendor sends the Customer an e-mail confirming the order (hereinafter the “Order Confirmation”) to the e-mail address shared by the Customer. This order confirmation will summarise the order reference, the product chosen, its quantity, the total amount of the order including VAT, any shipping costs, the collection or delivery method chosen and the link to the Terms of Sale.
3.6 The Order Reference (Order Ref.), generated by the system and communicated by the Vendor, shall be used by the Customer in any communication with the Vendor.
3.7 The Customer agrees to verify the correctness of the data in the order confirmation and to promptly notify the Vendor of any mistake in accordance with the procedures described herein.
3.8 The Customer acknowledges and accepts that he/she must be at least 18 years old to purchase alcoholic beverages. Therefore, by placing an order containing alcoholic beverages, the Customer expressly declares and warrants that he/she is at least 18 years old. The Vendor has the right to ascertain the Customer’s age when processing the order, as well as during delivery. In the event of ascertained lack of the aforementioned requirement, the order shall not be processed and/or the alcoholic beverages delivered.
4 PRICING POLICIES
4.1 All Products prices in the electronic catalog are inclusive of VAT and taxes. Shipping costs, where indicated, shall be borne by the Customer and adequately highlighted in the order and in the Order Confirmation. The order form, the Order Confirmation and the relevant receipt/invoice shall detail:
– the price of the Product
– the shipping costs, if any
4.2 There could be a difference between prices published on the online shop and promotional offers; the Vendor has the right to make changes without prior notice.
The price indicated in the shop at the time the order form is sent shall be applied to the Products; any previous offers or price changes made subsequently cannot be taken into consideration.
4.3 In the event that a price has been incorrectly published by mistake, the Vendor has the right not to confirm the order received and to abort the transaction, exercising the right provided for in point 3 of this document.
5 PAYMENT & BILLING
5.1 Payment of any order is made, via a secure connection, on the Stripe electronic payment platform. Payment methods are stated in the order form.
All financial information required for the transaction shall be transmitted via encrypted protocol directly to the payment management system, which provides the relevant remote electronic payment services, without third parties having access to it. All sensitive information relating to the credit
cards used will never be visible to the Vendor, who will only be able to complete the procedures relating to the purchase and issue the relative refunds in favor of the Customer in the event of any returns of Products, following the exercise of the right of cancellation, or if it is necessary to prevent or report to the Police the commission of fraud on the Website.
For transaction security reasons, the Vendor has the right to request a copy of an identity document of the Credit Card holder, as well as further information (landline telephone number; copy of domestic utility bill; etc.).
5.2 As soon as the order is confirmed, the amount corresponding to the purchased Products shall be charged to the Customer.
5.3 Should the Customer require an invoice, he/she shall request it in response to the Order Confirmation e-mail on the same day of its receipt. The Customer is responsible for verifying the accuracy of all data communicated for the issuance of the invoice, which, for reasons of administrative organization, will not be possible to request after this deadline. It is also recalled that a Customer who requests an invoice from a person with a VAT number shall be considered a professional Customer, to whom the national and Community regulations in defense of consumer rights shall therefore not be applicable.
5.4 In the event of order cancellation as a result of non-acceptance of the order by the Vendor, the Vendor shall request the cancellation of the transaction and release of the pledged amount. The time for release, for some types of credits cards, depends exclusively on the banking system and may be up to their natural expiry date (24th day from the date of authorisation). Once the transaction has been cancelled, the Customer acknowledges and expressly accepts that under no circumstances may the Vendor be held liable for any damages, direct or indirect, caused by delay in the failure to release the amount committed by the banking system.
6 DELIVERY OR PICK UP CONDITIONS
6.1 The Customer may opt for the collection or delivery of his order. Delivery by e-mail is admitted only for the purchase of gift cards.
6.2. For product pick-up, conditions are detailed in the detail sheet of each individual product, in the order form and in the Order Confirmation.
6.3. For products delivery, the contribution to any delivery costs required is clearly indicated in the product detail sheet, the order form and the Order Confirmation.
6.4 Delivery terms stated in the virtual shop are purely indicative. Any variation will be promptly communicated to the Customer by e-mail.
Products shall be shipped only within the Italian national territory. The Vendor shall choose whether to carry the shipment out with its own personnel or entrust it to third parties and shall notify the Customer via e-mail.
6.5. In the event that the Customer chooses to exercise the right of cancellation, the contribution of any delivery costs requested and paid at the time of the order shall not be reimbursed.
6.6. Upon receipt of an order, the Customer, or the person authorized to receive it, is obliged to check that the packaging is intact, clean and not tampered with. In the event of visible defects, such as, for example, non-integral packaging or the number of packages not corresponding to the information on the shipping documents, the party authorized to receive the order shall be obliged to raise an objection by means of a specific, justified reservation (a general reservation shall therefore not be considered valid) and to notify the Vendor no later than eight days after delivery.
6.7 In the event of non-delivery due to the unavailability of the addressee, the purchased products may remain in storage at the appointed carrier for a maximum of 5 calendar days. Once this storage period has elapsed without the Customer collecting the products, they shall be returned to the Vendor, which shall refund the Customer the value of the order net of the value paid for perishable products, the contribution of any delivery costs requested and the costs of returning the products to the Vendor itself.
6.8 The Vendor cannot be liable in the event of any delay in the execution of the order or in the delivery of what has been ordered.
7 RIGHT OF CANCELLATION
7.1 In accordance with Article 59 of the Consumer Code (Legislative Decree 2005/206), the right of withdrawal does not apply, inter alia, to contracts for the supply of foodstuffs, beverages or other goods for current household use supplied to the consumer’s domicile, place of residence or place of work, as well as to goods that are liable to deteriorate or expire rapidly and to personalised goods.
7.2. The consumer-Customer has the right to withdraw from the purchase of products that do not fall into the categories above without penalty and without having to specify the reason, within 14 days of their delivery.
7.3 In order to be able to exercise this right, the Customer shall notify the Vendor by means of an explicit communication to be sent within 14 days of delivery of the order. For this purpose, the Consumer shall have the option of using a standard text (“I/We hereby notify you of my/our withdrawal from my/our contract concluded for the purchase of the following goods/services – ordered on/received on – name of purchaser(s) – address of purchaser(s) – date”) or a personalised text from which it is easy to infer his/her intention to withdraw from the purchase contract.
7.4 Upon receipt of the cancellation request from the Consumer-Customer, the Vendor shall proceed to authorize it by providing the Customer with the return address for the authorized products. The return of the products subject to the right of cancellation and authorized shall be borne by the Customer and any return expenses incurred shall not be reimbursed. The products must be returned intact, in their original packaging, complete in all their parts (including packaging and any documentation and accessory equipment: manuals, cables, etc.), complete with the attached tax documentation, and the return is under the full responsibility of the Customer.
7.5 Assured the right to verify compliance with the above and provided that the right of cancellation is exercised within the terms indicated above, the Vendor shall refund the amount of the Products subject to withdrawal in the shortest time possible and in any case within a maximum term of 14 days from receipt of the Customer’s notice of withdrawal.
In any case, the Vendor shall be entitled to withhold the refund until it has received the Products subject to withdrawal or until the Customer has proved that he has returned the Products subject to withdrawal, whichever is sooner. Delivery costs will only be refunded if a cheaper or free delivery method was not available at the time of purchase. It is reiterated that the aforementioned right of withdrawal does not apply with reference to Products made to measure or clearly personalized or
which, by their nature, cannot be returned or are liable to deteriorate or alter rapidly, or which are not suitable to be returned for hygienic or health protection reasons and have been opened after delivery; or which, after delivery, are, by their nature, inseparably mixed with other goods.
It should be noted that the Vendor considers that all food products offered for sale on the Website belong to the above-mentioned product categories. In any case, the consumer is liable for any decrease in the value of the goods resulting from handling the goods other than what is necessary to establish the nature, characteristics and functioning of the goods.
8 INTELLECTUAL & INDUSTRIAL PROPERTY RIGHTS
8.1 The Vendor informs that the Website, as well as all trademarks and distinctive signs used in connection with the sale of products, are protected by intellectual and industrial property rights and that any reproduction, communication, distribution, publication, alteration or transformation of the contents of the Website, trademarks and distinctive signs used by the Vendor (such as, for example, artworks, images, photographs, drawings, dialogues, presentations, music, sounds, videos, graphics,
colours, functions and design of the Website) is prohibited, in any form and for any purpose whatsoever.
The Vendor has no responsibility for the trademarks and other distinctive signs appearing on the products sold on the Website, on which the Customer acquires no rights at the conclusion of the contract
9 PRIVACY & PERSONAL DATA MANAGEMENT
Customer’s data are processed by the Vendor and its Customer Care service in accordance with the provisions of the data protection legislation, according to Article 13 of European Regulation No. 679/2016 (GDPR).
10 INFORMATIONS & COMPLAINTS
Any complaint shall be forwarded the Vendor as a response to the Order Acceptance e mail.
11 APPLICABLE LAW AND JURISDICTION
The sale agreement between the Customer and the Vendor is intendedly made in Italy and is governed by Italian law. For the resolution of disputes concerning the termination of these General Terms and Conditions or individual purchase rodersi, if the Customer is a consumer within the meaning of the Consumer Code, the Court of his/her place of residence or domicile shall have exclusive jurisdiction if located within the Italian territory. In all other cases, the territorial jurisdiction is exclusively that of the Court of Milan, excluding any other competent court.
In addition to that, if the Customer is a consumer within the meaning of the Consumer Code he/she can access the online platform for alternative dispute resolutions that provides for an out-of-court method to solve any dispute related to and stemming from online sale and service contracts, available on https://ec.europa.eu/consumers/odr/.