GENERAL TERMS AND CONDITIONS OF USE OF THE WEBSITE
effective from 31/03/2022
Please carefully read the following general terms and conditions of use before completing your registration on the www.e-alifood.com website.
If you decide not to accept the following general terms and conditions, you may not use the www.e-alifood.it website. Should you accept the terms, you declare that you have read and understood these general terms and conditions (as defined below)
These general terms and conditions (the General Terms) contain the terms and conditions governing the use by you of thewww.e-alifood.com website (the Website), which is solely and exclusively owned by the company Alifood S.r.l., with registered offices at Genoa, Salita Santa Caterina 4/6A, registered with the Companies’ Register ( Registro delle Imprese) of Genoa, REA (Economic and Administrative Register) GE- 480015, VAT No. 02357440995 ( Alifood).
Following your registration, the Website allows you to complete orders for the online purchase of goods. We therefore invite you to view the terms of sale applied by Alifood before concluding any order of goods through the Website.
Persons under the age of 18 cannot register on the Website or complete any orders. Alifood hereby declines any direct or indirect liability for any transaction and/or action carried out through the Website by persons under the age of 18.
2. CONCLUSION OF THE AGREEMENT
Following the entry of your data during the registration phase, as requested in the electronic form (the Form), you must expressly accept these General Terms by selecting the specific checkboxes and clicking on the specific “Registration” button. You are not therefore required to physically sign any paper form.
If you do not intend to accept one only of the terms and conditions of these General Terms, you must leave the Website and you must not proceed to create your Personal Area (as defined below).
3. REGISTRATION ON THE WEBSITE AND USE OF THE SERVICES
Registration on the Website is free of charge, save for internet connection costs which shall be paid by you in accordance with the economic terms established by your network operator.
To register you must complete the registration form, including your name or surname, e-mail address and creating a password to access your personal area (the Registration Credentials). Registration is confirmed by e-mail sent by Alifood to the address provided by you upon registration.
Your username and password may not be shared by you with anyone and you will be responsible for maintaining their confidentiality and for the security of your personal area (the Personal Area ) and for all activities carried out by you on the Website. You must immediately notify Alifood of any breach of the security of your Personal Area. In any event, Alifood will not be liable for any damages arising out of unauthorised use of your Personal Area and/or the Website.
Registration with the Website allows you to carry out the following activities, amongst others, through your Personal Area:
- review offers of products and conclude orders and purchases of products;
- make payments due for purchases concluded on the Website;
- track the status of your orders and purchases with Alifood;
- consult your order history;
- manage your personal data and amend it; and
- change your preferences for the processing of your personal data.
Alifood reserves the right to decline your registration with the Website, at sole discretion.
You may cancel your registration with the Website at any time by way of access to your Personal Area.
4. INTELLECTUAL PROPERTY RIGHTS
Alifood is the owner of the Website.
All content present on the Website, including software, written text, graphics, images, symbols, logos, photographs, editorial content, communications and other materials is the exclusive property of Alifood or is licensed to Alifood and is protected by applicable laws on trademarks, copyright and other applicable laws.
You grant Alifood (for itself and for any companies controlling, controlled by or under common control with Alifood) the non-exclusive right to use, reproduce, publish, view, distribute, adapt, amend, reformat, process and exploit for commercial or non-commercial purposes any content directly or indirectly entered by you to the Website, free of charge and with reference to every country in the world.
Alifood hereby declines any liability for the infringement by you of intellectual property rights – held by any person - on entering content to the Website. If you believe that the content on the Website directly or indirectly infringes your intellectual property rights, please promptly contact us by way of registered mail at the following address: Alifood S.r.l., Salita Santa Caterina 4/6A, 1623, Genoa.
5. COMMITMENTS RELATING TO USE OF THE WEBSITE
By accepting these General Terms, you expressly undertake to:
- refrain from reproducing, duplicating, copying, selling, reselling or exploiting for commercial purposes the Website or any part or content of the Website, and from reproducing or in any way using Alifood’s proprietary trademarks and logos;
- refrain from publishing or using false, libellous or defamatory data;
- refrain from any direct and/or indirect use of the Website in breach of the law or that fails to conform with the provisions of these General Terms or of the Website;
- refrain from uploading to the Website, also through the specific comments area, any comments which are obscene, offensive, violent, defamatory, an affront to personal dignity, profane and/or, without limitation to the general nature of the above, that contain: racist statements or statements asserting the inferiority or supremacy of a race, population or culture over any other group or over minorities, apologies for crimes; incitement to hatred or violence; sexually explicit or pornographic content or child-pornography; threats or harassment; information or messages which provide instructions on illegal activities, or which encourage illegal activities or that may cause harm to third parties; incitement to engage in dangerous behaviour which could be copied by minors or the use of drugs or the mistreatment of animals; promotional and/or advertising messages, including hidden messages;
- not to use spamming, chain mail or pyramid selling systems;
- not to circulate viruses, spyware, adware, rootkits, backdoors, trojans and other IT threats;
- not to use software or other automated or manual mechanisms to analyse, copy or access the Website pages or their content.
If you are in breach of one only of the above listed commitments, Alifood may immediately block your access to the Website.
Save for fraud or grave negligence by Alifood, you recognise and expressly accept, without prejudice to the provisions of the above articles:
- that Alifood will not be liable to you for any damages, losses, costs, charges and expenses directly or indirectly incurred by you in connection with use of the Website. You may not therefore seek any compensation – financial or otherwise – from Alifood for any damage arising out of use of the Website; and
- you will hold Alifood harmless from and indemnify it against any damage and/or loss that Alifood should incur as a result of your use of the Website in breach of the law and/or contrary to the commitments undertaken by you pursuant to Article 5. Alifood reserves the right to temporarily suspend the provision of the Website services, without prior notice, for the time strictly necessary to carry out technical interventions necessary and/or advisable to improve the quality of those services and for the ordinary and extraordinary maintenance of the Website, its content and operation. Alifood may also, at any time, interrupt the supply of services on the Website in case of justified reasons of security or breaches of confidentiality, providing notice, possibly through the Website.
In accordance with section 1456 of the Italian Civil Code, Alifood may terminate these General Terms with immediate effect, sending simple written notice by e-mail, if you have violated one or more of the provisions of these General Terms. The above is without prejudice to any of Alifood’s rights to compensation for consequent damages.
You further accept that in case of breach by you of the law, of third party rights or of these General Terms, Alifood may, at exclusive discretion, suspend or interrupt your access to the Website and take any other action required to safeguard the rights and interests of Alifood.
In accordance with and for the purposes of section 1407 of the Italian Civil Code, you hereby consent to the assignment by Alifood of your contractual position to another company. You will be promptly notified of any such assignment.
We will inform you by e-mail – to the address provided upon registration with the Website – as soon as those changes are introduced and they shall become binding upon publication on the Website.
The Website also uses both proprietary and third-party cookies to simplify use of the Website and to best adapt the Website and the services offered to your interests and needs. Cookies are also used by Alifood to make your use of the Website faster, in order to provide you with services that are increasingly suited to your needs.
10. GOVERNING LAW AND JURISDICTION
These General Terms are governed by Italian Law. The Court of Genoa shall have exclusive jurisdiction over any dispute that should arise in relation to the application, interpretation and execution of these General Terms.
Any communication permitted or required under these General Terms shall be sent: (i) to Alifood, at Alifood S.r.l., Salita Santa Caterina 4/6A, 16123, Genoa; (ii) to the Customer, at the e-mail address provided upon registration with the Website, as possibly amended or revised by accessing your Personal Area.
12. AMENDMENTS TO THE GENERAL TERMS
We may occasionally make changes and/or corrections to the General Terms in order to reflect new technologies, sector practices and legal requirements, or for other reasons. We encourage you to periodically check the terms in order to ensure that you are always up-to-date on the General Terms applicable. In case of substantial changes we will send you an e-mail message within 30 days of the effective date of the new General Terms. You are therefore responsible for continually keeping your personal data up-do-date and for always indicating your most recent e-mail address .
Any tolerance by Alifood of your violations of any provision of these General Terms shall not constitute or be construed as waiver – by Alifood – of any rights arising out of the violated provision, or of the right to demand correct performance of all provisions of these General Terms. Consequently, failed or delayed exercise of any of Alifood’s rights pursuant to these General Terms shall not involve waiver of those rights.
If any term or other provision of these General Terms is declared invalid, voidable or inapplicable, all other terms and provisions of these General Terms shall remain fully valid and effective.