1. Definitions

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

   • Owner:
     S.A.S RESTAURANT BRACCONIERE DI DI MEGLIO MICHELE E C. , with registered office in VIA FALANGA 42, 80070 SERRARA FONTANA (NA), VAT / Tax Code 03754801219, 03754801219, fully paid-up share capital ____________________,
     PEC address
     ____________________
   • Application:
     the Web site
     www.ristorantebracconiere.it
   • Products:
     material products,
     services,
     sold by the Owner
   • User:
     any person who accesses and uses the Application
   • Consumer User:
     the natural person of age who concludes a contract for purposes unrelated to his own entrepreneurial, commercial, craft or professional activity that may be carried out
   • Contents:
     any textual or multimedia element present on the Application, by way of example advertisements, advertisements, reviews, images, etc.
   • Conditions:
     this contract which governs the relationship between the Owner and the Users
     and the sale of the Products offered by the Owner through the Application.

2. Scope of the Conditions

   The use of the Application implies the acceptance of the Conditions by the User. If the User does not intend to accept the Conditions and / or any other notes, legal notices, information published or referred to therein, he will not be able to use the Application or the related services.

   The Conditions can be changed 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 is required to carefully read the Conditions and to save or print them for future reference.

   The Owner reserves the right to change at its discretion at any time
   even after the registration of the User, 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.

3. I’m using the Application

   All the Products offered through the Application are described in detail in the relevant product pages (quality, characteristics, availability, price,
   delivery times and costs,
   delivery times,
   ancillary charges, etc.). There may be some errors, inaccuracies or small differences between what is published on the Application and the actual Product. Furthermore, any images of the Products are only representative and do not constitute a contractual element.

   Purchases of one or more Products through the Application are permitted
   to Consumer Users.

   Purchases are allowed for natural persons only on condition that they are of age. For minors, any purchase and / or request for the supply of Products through the Application must be screened and authorized by parents or parental responsibility operators.

   The offer of Products through the Application constitutes an invitation to offer and the order sent by the User will be valid as a contractual purchase proposal, subject to confirmation and / or acceptance by the Owner as described below. 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 for any reason whatsoever.

   The contract for the sale of the Products is 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, which will contain the date of the order, the User’s data, characteristics and availability. of the Product, the price or the method of calculating the price, any additional charges and accessory taxes, the delivery and execution times, the delivery address, the delivery times and any costs, the methods for exercising the right to withdrawal or its possible exclusion and the guarantee.

   The contract for the sale 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 notify the User of the new delivery or supply terms, asking whether he intends to confirm the order or not. It is understood that the contract will be considered finalized 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, its confirmation and the Conditions.

4. Registration

   To take advantage of the features of the Application, Users must register by providing, in a truthful and complete manner, all the data requested in the relevant registration form and fully accept the privacy policy (
   www.ristorantebracconiere.it/privacy-policy ) and the Conditions.

   The User has the duty to keep their login 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 ensure that no third parties have 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 Data Controller 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 registration to the Application or on the conservation of registration credentials.

5. Account cancellation and closure

   The registered User can stop using the Application at any time and deactivate his account or request its cancellation through the Application interface, if possible, or by sending a written communication to the e-mail address
   assistenza@ristorantebracconiere.it
   or by calling customer service at 081999436.

   In case of violation by the User of the Conditions or the applicable legal provisions, the Owner reserves the right to suspend or close the User’s account at any time and without notice.

6. Prices and payments

   The price is indicated for each Product
   inclusive of VAT, if due. If the nature of the Product makes it impossible to calculate it in advance, the methods of calculating the price are indicated.

   In addition, all possible taxes, additional expenses will be indicated
   and delivery costs
   which may vary in relation destination, to the chosen delivery method and / or
   to 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 change the price of the Products and any additional costs at any time. 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 within the times and methods indicated in the Application and to communicate all necessary data that may be requested.

   The Application uses third-party tools for processing payments and does not in any way come into contact with the payment data provided (credit card number, name of the holder, password, etc.).

   Should such third party tools deny the payment authorization, the Owner will not be able to provide the Products and will not be held responsible in any way.

7. Invoicing

   The User who wishes to receive the invoice will be asked for the billing information. For the issuance of the invoice, the information provided by the User will prevail, which he declares and guarantees to be truthful, releasing the Holder every full indemnity in this regard.

8. Methods of delivery of material Products

   The tangible Products (including any tangible goods with digital elements) will be delivered to the address indicated by the User, in the manner and within the deadline chosen or indicated on the Application and reported in the order confirmation. Unless otherwise specified, the delivery terms specified in the order confirmation indicate the period of time usually required to deliver the Product from the moment of taking charge of the courier.

   In the event that it is not possible to provide the requested Products, the User will be promptly notified by e-mail, indicating when it is expected to be able to deliver them or the reasons that make the supply impossible.

   If the User does not intend to accept the new deadline or the delivery has become impossible, he / she may request a refund of the amount paid which will be promptly credited in the same payment methods used by the User for the purchase no later than 14 days from the date on which the Holder became aware of the refund request.

   Upon receipt of the Product, the User is required to verify compliance with the order placed as well as the integrity of the packaging. In the event of obvious damage to the packaging and / or 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 about the external characteristics of the Products delivered.

   The Owner will not be liable to any party or third party for damages, losses and costs incurred as a result of the non-execution of the contract due to force majeure.

9. Methods of supplying
   services

   The Data Controller will provide the
   services
   to the User, in the manner and within the deadline indicated on the Application and reported in the order confirmation.

   In the event that it is not possible to provide the
   services
   requested within this period, the User will be promptly notified by e-mail, indicating when it is expected to be able to provide them or the reasons that make the supply impossible.

   If the User does not intend to accept the new term or the supply has become impossible, he can request a refund of the amount paid which will be promptly credited in the same payment methods used by the User for the purchase at the latest within 14 days from the date on which the Holder became aware of the refund request.

10. Users’ right of withdrawal from the purchase of material Products

    The Consumer User has the right to withdraw without any penalty and without specifying the reason within the deadline of
    14 days from the date of receipt of the Product, by sending a written communication to the e-mail address
    assistenza@ristorantebracconiere.it , using the optional withdrawal form referred to in the following article or any other written declaration.

    In the case of separate delivery of multiple Products, ordered by the Consumer User with a single order, the term of
    14 days for exercising the right of withdrawal starts from the day the last Product was received.

    In case of withdrawal, the User must return the Product to the Owner, without undue delay and in any case no later than 14 days from the date on which he communicated his decision to withdraw from the contract. The User will only support the direct cost of returning the Product, unless the Owner has declared to be responsible for it.

    In case of withdrawal exercised correctly, the Holder will reimburse the payments received by the User, in the same payment methods used by the User for the initial transaction, without undue delay and in any case within 14 days from the day on which the User has communicated that he / she wishes to withdraw from the contract.

    The Owner is not required to reimburse the delivery costs, if the User has expressly chosen a type of delivery other than the least expensive type of delivery offered by the Owner.

    The Owner, unless he has offered to collect the Product himself, may withhold the refund until he has received the Product or until the Consumer User has demonstrated that he has sent it back.

    The Owner will not accept the return in the event that the Product is malfunctioning due to improper use, negligence, damage or physical, aesthetic or superficial alterations, tampering or improper maintenance or wear and tear, absence of integral elements of the product (accessories, , etc.). In such cases, the Owner will return the purchased Product to the sender, charging the shipping costs to the sender.

11. Users’ right of withdrawal from the purchase of
    services

    The Consumer User has the right to withdraw without any penalty and without specifying the reason within the deadline of
    14 days from the date of conclusion of the contract, by sending a written communication to the e-mail address
    assistenza@ristorantebracconiere.it , using the optional withdrawal form referred to in the following article or any other written declaration.

    In case of withdrawal exercised correctly, the Holder will reimburse the User for the payments received, in the same payment methods used by the User for the initial transaction, without undue delay and in any case within 14 days from the date on which the User has communicated to withdraw. from the contract.

    The User acknowledges and agrees to lose the right of withdrawal after the complete provision of a service. Where the provision of the service has not been completely performed and the User wishes to withdraw from the contract, he is still obliged to pay the Owner an amount proportional to what was performed up to the moment in which he exercised the right of withdrawal. </ li>

12. Cases of exclusion of the User’s right of withdrawal

    The right of withdrawal from the contract of sale or supply of the Products by the User is excluded in relation to:

    • to the supply of Products whose price is linked to fluctuations in the financial market that the Owner is unable to control and which may occur during the withdrawal period
    • to the supply of tailor-made or clearly personalized products
    • to the supply of Products which risk deteriorating or expiring rapidly. This category includes all food products (including beverages) whose characteristics are subject to alteration even as a result of inappropriate storage
    • to the supply of sealed Products that are not suitable for return for hygienic reasons or related to health protection and have been opened after delivery
    • to the supply of Products which, after delivery, are, by their nature, inseparably mixed with other goods
    • to contracts in which the User has specifically requested a visit by the Owner or a professional appointed for the purpose of carrying out urgent repair or maintenance work. If, on the occasion of this visit, the Owner or a professional in charge provides services in addition to those specifically requested by the User or goods other than spare parts necessary to carry out maintenance or repairs, the right of withdrawal applies to such services or additional goods
    • to the supply of sealed audio or video recordings or sealed computer software that have been unsealed after delivery
    • to the supply of newspapers, periodicals and magazines with the exception of subscription contracts for the supply of such publications
    • to contracts concluded at a public auction
    • the provision of accommodation for non-residential purposes, the transport of goods, car rental services, catering services or services relating to leisure activities if the contract provides for a specific date or period of execution </ li>

    For more information, contact the Data Controller at the e-mail address
    assistenza@ristorantebracconiere.it
    or by calling customer service at 081999436.

13. Optional module

    or to exercise the right of withdrawal

    The User can withdraw using the following form which must be completed in its entirety and sent to the e-mail address
    assistenza@ristorantebracconiere.it
    before the withdrawal period expires:

    
    I hereby communicate my withdrawal from the sales or supply contract relating to the following product __________

    Order number:_______

    Ordered on: _______

    Name and surname: _______

    Address: ______

    E-mail associated with the account from which the order was placed: ____________________

    Date: __________

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14. Conformity guarantee of material Products for Consumer Users

    Consumer Users are granted the guarantee of conformity, provided for by Articles. 129 and following of the Consumer Code, for all tangible Products sold through the Application, except for the cases of exclusion provided for in Article 128 of the Consumer Code.

    The Owner is responsible to the Consumer User for any lack of conformity that occurs within two years of delivery. During the first year, the Consumer User is not required to prove that the defect existed at the time of delivery as it is assumed that it already existed on that date, unless this hypothesis is incompatible with the nature of the Material Product or with the nature the lack of conformity.

    If the Consumer User intends to take advantage of the remedies provided for by the guarantee of conformity, he must send a written communication to the e-mail address
    assistenza@ristorantebracconiere.it
    or by calling customer service at 081999436.

    The Owner will promptly reply and indicate to the Consumer User the procedure to follow.

    For anything not provided for in this clause, articles 128 to 135-septies of the Consumer Code and the articles of the civil code on the subject of formation, validity and effectiveness of contracts, including the consequences of termination of the contract and the right to compensation for damages.

15. Content sent by Users

    The User can upload Content on the Application, provided that they are not illicit (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 in any other way harmful to the Owner and / or third parties 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 / her account by adults. For minors, the sending of Contents must be screened and authorized by the parents or by the persons 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 their 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 her identity, or in any other way to declare the origin of the Contents false.

    The Owner is unable to ensure timely control over the Contents received and reserves the right at any time to cancel, move, modify those which, at its discretion, appear to be illegal, 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 Data Controller may therefore, directly or through trusted third parties, use, modify, copy, transmit, extract, publish, distribute, publicly perform, disseminate, create derivative works, host, index, store, annotate, encode, 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 should be sent by the User, including 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 transmitted.

    It is expressly forbidden, unless explicitly authorized by the Owner: i) the use of site

    automatic ad loading systems, except those expressly authorized, ii) serial publication and / or management of advertisements on behalf of third parties by any means or methods, iii) resell the services of the Owner to third parties.

16. Industrial and Intellectual Property Rights

    All the contents of the Application, including texts, documents, trademarks, logos, images, graphics, their arrangement and their adaptations are protected by copyright and trademark legislation. The Application may also contain images, documents, logos and trademarks of third parties that have expressly authorized the Owner for publication in the Application. Except for strictly personal uses, it is not allowed to copy, alter, distribute, publish or use the Contents without the specific authorization of the Owner.

17. Disclaimer of Warranty

    The Application is provided “as is” and “as it is 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 it will never break or it will be error free or it will be virus or bug free.

    The Owner will endeavor to ensure that the Application is available continuously 24 hours a day, but will in no 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 completely unrelated to the will of the Owner or for events of force majeure.

18. Limitation of Liability

    The Owner cannot be held liable to the User, except in the case of willful misconduct or gross negligence, for inefficiencies or malfunctions connected to the use of the internet outside of its own control or that of its suppliers.

    Furthermore, the Owner will not be responsible for damages, losses and costs suffered by the User as a result of the non-execution of the contract for reasons not attributable to him, having the User only entitled to a possible full refund of the price paid and any additional charges. incurred.

    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 (credit card number, name of the owner, password, etc.)

    The Owner will not be responsible for:

    • any loss of business opportunity and any other loss, even indirect, possibly suffered by the User that are not a direct consequence of the violation of the contract by the Owner
    • incorrect or unsuitable use of the Application by Users or third parties
    • issuing incorrect documents or tax data due to errors in the data provided by the User, the latter being solely responsible for the correct entry

    In no case can the Owner be held responsible for an amount greater than double the cost paid by the User.

19. Force majeure

    The Data Controller cannot be held responsible for the failure or delayed fulfillment of its obligations, due to circumstances beyond the reasonable control of the Data Controller due to events of force majeure or, in any case, to unforeseen and unforeseeable 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 carry out 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.

20. Link 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, for which the Owner assumes no responsibility.

21. Privacy

    The protection and processing of personal data will take place in accordance with the Privacy Policy which can be consulted on the page
    www.ristorantebracconiere.it/privacy-policy

22. Applicable law

    ile and competent court

    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 court 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 referred to in Articles 18, 19 and 20 of the civil procedure code.

    This is 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 case of exercise of this right, the methods and formalities of the communication of the same and the legal guarantee of conformity.

23. 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 way any dispute relating to and / or deriving from contracts for the sale of goods and the supply of services stipulated online. 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/

Date 21/04/2022

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