Last updated May 27, 2020
TERMS AND CONDITIONS OF THE IMACCHERONCINI.IT WEBSITE
IMPORTANT LEGAL INFORMATION
These terms and conditions (the "Site Conditions") identify the rules on the basis of which the company Cooking 2010 S.r.l. (hereinafter "we" or "COOKING 2010") provides access to the website https://www.imaccheroncini.it and to any mobile application COOKING 2010 that allows users to order products (jointly "Site"). Please read these Site Conditions carefully before ordering any products from the Site. Placing orders via the Site (now or in the future) implies acceptance by users of these Site Conditions governing the use of the Site itself.
COOKING 2010 reserves the right to modify these Site Conditions over time by modifying the provisions shown on this page. In the event that the user does not accept the new Site Conditions, he is obliged not to use the services offered by the Site and not to order products through the Site. It is recommended to print a copy of these Site Conditions for future reference.
For clarity, it is specified that any reference to the "Site" contained in these Site Conditions includes all current or future versions of the website https://www.imaccheroncini.it as well as any mobile application COOKING 2010 through which you have access to the , and you use the, COOKING 2010 site and this regardless of whether, in either case, access is via a currently existing platform or device or via a future platform or device (including , by way of example and not limited to, any mobile site, mobile application, affiliated or related site for access to, and use of, the COOKING 2010 site that may have developed over time).
Visiting the Site, even if only parts of it, constitutes acceptance by users of these Site Conditions. Users of the Site who do not accept these Site Conditions are required not to use the services offered by the Site and not to order products through the Site itself.
1. INTRODUCTORY RULES AND ROLE OF COOKING 2010
1.1. COOKING 2010 is a company under Italian law, based in Rome, in Via Alessandro Severo 91/93 - 00145, C.F. and registration number in the Register of Companies of Rome n. 10,894,631,000.
1.2. The VAT number of COOKING 2010 is the following: 10894631000.
1.3. Product Orders: COOKING 2010 provides users with a system where it is possible to order food items that appear on the Site. The contract for the supply and purchase of Products is concluded between the user and the Restaurant COOKING 2010 will conclude the sale of the Products on the contract will be considered valid only upon receipt by the user of the express confirmation of acceptance with indication of the delivery time. In any case, COOKING 2010 is not responsible in case of advance payment for any non-fulfillment of the order, COOKING 2010 undertakes to return the amount paid no later than 60 days from receipt of payment.
The user will be forced to make the payment if the order is not canceled before receipt of the confirmation of the same.
The order will be considered valid only on the day it is executed, orders for days following the current one are not considered valid. (Except in cases where the user has previously contacted COOKING 2010 and received confirmation of the same.)
2. ACCESS TO THE SITE AND SITE CONDITIONS
2.1. Access to the Site: It is possible to have access to some areas of the Site even without placing an Order or without registering your data. Most areas of the Site are accessible to anyone.
2.2. Acceptance of the Site Conditions: Browsing in any area of the Site implies acceptance of the Site Conditions. Users of the Site who do not accept the Site Conditions are required not to use the services offered by the Site and not to order products through the Site same.
2.3. Changes to the Site Conditions: COOKING 2010 has the right to modify these Site Conditions at any time. The user is therefore required to periodically check the Site Conditions in force at the time of ordering the products since the version published on the Site at that date will apply to users of the Site. Users of the Site are required to comply of the rules in force at the time they place an Order through COOKING 2010.
2.4. Responsibility: It is up to visitors and users of the site to prepare what is necessary to have access to the site. Inolthree, visitors and users of the Site are required to ensure that all those who access the Site through their account and their Internet connection are aware of and respect these Site Conditions.
3. SITE USER STATUS
3.1. Legal capacity and age: By placing an Order through the Site, the user guarantees:
3.1.1. to have the ability to act and conclude legally binding contracts
3.1.2. to be 18 years old.
3.2. You confirm and undertake, if you have a specific food allergy or intolerance, to contact the Restaurant directly to verify that the food is suitable for your needs, before placing the order directly with the Restaurant itself.
3.3 Alcoholic beverages, cigarettes and other smoking-related products:
3.3.1 The user accepts and declares that it is an offense for any person under the age of 18 to buy, or attempt to buy, alcoholic drinks or for any person to buy, or attempt to buy, alcoholic drinks, on behalf of a minor person 18 years old.
3.3.2 If the Order of the user includes any alcoholic beverage, the user will be required to provide proof of his age upon receipt or delivery of his Order. If the user is unable to provide proof of being 18 years of age or older at the discretion of the Restaurant, or where the Restaurant reasonably believes that alcoholic beverages ordered by the user have been purchased by the user on behalf of a minor person of 18 years, the Restaurant reserves the right not to complete the delivery of alcoholic beverages to the user.
4. METHODS OF SENDING AND PROCESSING THE ORDER
4.1. Compiling the Order: After selecting the products he intends to order from the Restaurant menu and providing the requested information, the user has the option to place the Order by clicking on, or selecting the "pay now" or "proceed to payment "or other similar button. Remember that it is important to check all the information entered and correct any errors before clicking on the button or selecting it since, after doing so, the user will conclude a sales contract with the Restaurant and it will no longer be possible to correct any errors or withdraw from the Order (except as provided in paragraph 4.2 below).
4.2. Modification or withdrawal from the Order: Pursuant to art. 59 of the Consumer Code, the right of withdrawal is excluded as it concerns products processed on order and subject to rapid deterioration. Once the Order has been sent, the user enters into a product sales contract with the Restaurant and therefore cannot modify or withdraw from the Order and is not entitled to any refund (please see articles 4.4 and 5.8 for further information relating to the procedure applicable to the refusal to execute Orders and to refund the payment). However, if you still wish to try to modify or withdraw from the Order, the user can contact the restaurant in the contacts displayed on the site, in the manner described in article 6.3, who may attempt to contact the Restaurant in order to communicate the request. user. The user expressly recognizes that there is no obligation or insurance, that the restaurant will accept requests for modification or withdrawal of the user.
4.3. Payment authorization: In case of failure to authorize any payment, the Order is not processed.
4.4. Order processing and refusal of order execution by the Restaurant: Upon receipt of the Order, COOKING 2010 transmits the same to the Restaurant and notifies the user, by e-mail, that the Order has been received and is in progress processing. It is specified that any confirmation page that the user can view on the Site and any order confirmation that the user receives via e-mail further confirm the conclusion of the product sales contract, but this does not necessarily imply that the products ordered will be delivered. COOKING 2010 firmly encourages all the Restaurant, to execute all Orders and to promptly communicate any refusal to execute Orders and communicate to the user (generally via e-mail), as soon as reasonably possible, any refusal to execute the Order from part of the restaurant. In any case, COOKING 2010 cannot exclude that an Order may be refused at any time due to being excessively busy, due to weather conditions or for any other reason. In such cases, any payment already made in relation to the Order will be returned to the user pursuant to article 5.7 below.
4.5. Order Delivery: The estimated times for deliveries and withdrawals are provided by the Restaurant and are only indicative. COOKING 2010 and the Restaurant do not guarantee that Orderswill be delivered or will be available for collection within the estimated time.
5. PRICE AND PAYMENT
5.1. VAT and delivery costs: The prices of the products are those indicated on the Site. The prices include VAT but may not include delivery costs (if "delivery" is chosen instead of "collection"). These costs are added to the total amount due, if applicable.
5.2. Incorrect indication of the price: If the exact price of an Order is higher than the price indicated on the Site, COOKING 2010 normally contacts the user before shipping the Order. In this case, neither COOKING 2010 nor the Restaurant concerned have any obligation to ensure that the Order is supplied to the user at the lower price erroneously indicated nor to refund the user the difference with respect to the incorrect price. In the event that the price is excessively high compared to the price originally agreed and the user is a consumer, pursuant to the Consumer Code, the user will have the right to withdraw from the Order.
5.3. Methods of payment: The payment of the Orders can be made by credit / debit card or other electronic payment instrument through the Site or in cash (or other method accepted by the Restaurant) to the Restaurant at the time of delivery to the user or of the collection. by the user.
5.4. Payments by credit card: If the user pays by credit or debit card, he can be asked to show the card to the Restaurant at the time of delivery or collection as proof of identity while allowing to check that the card matches to the data of the receipt relating to the Order. From time to time delays in processing payments and card transactions may occur; this may result in certain payments taking up to sixty (60) days to be debited from your bank account or your credit or debit card.
5.5 In the case of payment by credit or debit card or other electronic payment instrument, COOKING 2010 is authorized by the Restaurant to receive the related payment from the user on behalf of the Restaurant itself. The payment in favor of COOKING 2010 has a liberating effect for the user. The user can pay online using the platform that will be proposed to him.
5.6. Credit and discount coupons: A credit or discount can be applied to the Order if the user uses a voucher or a promotional code recognized by the Site and validated by COOKING 2010, and the user proceeds to pay the balance by debit credit card or other electronic payment instrument. Based on ordinary banking procedures, the bank or the company that issued the credit card initially reserve (the so-called "ring fence") the entire amount related to the Order (before crediting or discounting) in the current account of the user for a period between 3 and 5 working days (or more, depending on the bank or the company that issued the credit card), an amount that therefore becomes unavailable in the account for the duration of the aforementioned period. The credit or discount applies when the bank or the company that issued the card transfers the funds relating to the Order to COOKING 2010: at this time, the amount of the credit or discount is not transferred to COOKING 2010 and is instead made available again to the user by the bank or by the company that issued the card. The user acknowledges and accepts that neither COOKING 2010 nor the restaurant concerned are liable to the user for the delay due to the period indicated above with which the bank or the company that issued the card issues the funds into the user's checking account.
5.7. Failure to execute or cancel Orders: According to ordinary banking procedures, once an Order has been submitted for which the user pays by credit card and that payment has been authorized, the bank or the company that issued the card reserve (so-called "ring fence") the entire amount relating to the Order. If the execution of the Order is subsequently refused by the Restaurant (as described in article 4.4 above) or if the Order is canceled for any other reason, the bank or the company that issued the card does not transfer the COOKING 2010 of the funds relating to the Order and instead proceeds to make the related amount available again in the user's account. However, this process may take 10 business days (or more, depending on the bank or company that issued the card). The user acknowledges and accepts that neither COOKING 2010 nor the restaurant concerned are liable to the user for the delay due to the period indicated above with which the bank or the company that issued the card issues the funds into the user's checking account.
6. CUSTOMER SERVICE
6.1. General Provisions: COOKING 2010 considers Customer Service extremely important. In compliance with article 6.5 and article 11, the Customer Service therefore tries to assist the user, whenever possible, in case of problems with the Order. The user can get in touch with the Customer Service using the methods indicated on the contact page, or other similar button or by calling the number indicated on the Site.
6.2. Questions related to the Order: If the Order takes longer than expected or in case of any other problem with the Order, the user can contact the Customer Service in the manner described above and one of the COOKING 2010 Customer Service Consultants will seek to process the user's request.
6.3. Modification or withdrawal from the Order: As indicated in the previous article 4.2, if the user wishes to modify or withdraw from their Order after sending, the user has the right to contact the COOKING 2010 Customer Service, in the manner described above, on which may attempt to get in touch with the Restaurant in order to communicate user requests. The user expressly acknowledges that there is no obligation or insurance, however, regarding the fact that the Customer Service COOKING 2010 will be able to contact the Restaurant or that the Restaurant will accept the user's requests for modification or withdrawal.
6.4. Complaints and feedback from users: In the event that the user is not satisfied with the quality of any Product or service provided, COOKING 2010 invites the user to make his or her opinion known through the Site, in the form of evaluations, comments and reviews (jointly referred to as the "Reviews") that reflect their experience. Reviews are an important part of the COOKING 2010 quality control process.
6.5. Compensation: In the event that the user is not satisfied with the quality of any Product or service provided by a Restaurant and wishes to request a refund, a proportional reduction of the price or any other form of compensation, he is required to contact the Restaurant directly in order to present your complaint and, if necessary, to observe the complaint procedures provided by the restaurant itself. If the user is unable to contact the Restaurant, or if the Restaurant refuses to deal with the user's complaint, the latter can contact the COOKING 2010 Customer Service in the manner described above within 48 hours of placing the Order. and one of the COOKING 2010 Customer Service Consultants, acting as the representative of the Restaurant, will attempt to contact the Restaurant in order to request compensation on behalf of the user.
7. LICENSE OF USE
7.1. Permitted use: The user is allowed to use the Site as well as to print and download extracts from the Site for personal non-commercial use from the Site under the following conditions:
7.1.1. the user must not use the Site in an improper way, including through hacking or computerized data extraction (scraping) techniques.
7.1.2. Unless otherwise provided, copyright and other intellectual property rights relating to the Site and the material published therein (including, but not limited to, photographs and graphic images) are owned by COOKING 2010 or of the subjects from whom COOKING 2010 obtained the relevant license. The aforementioned works are protected worldwide according to copyright laws and treaties and all rights are reserved. For the purposes of this Site, any use of extracts from this Site in ways other than those provided for in this article 7.1 is prohibited.
7.1.3. It is not allowed to modify the digital or paper copies of any printed material in accordance with the provisions of article 7.1 or to use any drawing, photography or other graphic image, video or audio sequence separately from the accompanying text.
7.1.4. It is necessary to ensure that COOKING 2010 is always recognized as the author of the material on the Site.
7.1.5. The use of material on the Site or on the Site itself for commercial purposes is not permitted without obtaining a license to do so from COOKING 2010.
7.1.6. Restricted use: Except as provided in article 7.1, this Site cannot be used and no part of it can be reproduced or archived in any other website nor can it be inserted in any system or service, public or private, for electronic recovery of information without the prior written authorization of COOKING 2010.
7.1.7. Rights Reserve: The rights not explicitly granted on this Site are reserved.
8. ACCESS TO THE SITE
8.1. Site Availability: Although COOKING 2010 endeavors to ensure that access toThe site can normally take place around the clock (24h / 24), COOKING 2010 does not assume any obligation in this regard and is not responsible towards the user if the Site, at any time or for periods of any duration, does not is available.
8.2. Suspension of access and withdrawal: Access to this Site may be temporarily suspended at any time, even without notice, in the event of maintenance of the Site and / or for reasons that are beyond the control of COOKING 2010. COOKING 2010 is the users can withdraw from these Site Conditions with two weeks' notice (to be communicated via email). In case of withdrawal, COOKING 2010 will cancel the user's account, without prejudice to legal obligations.
8.3. Cyber Security: Unfortunately, the transmission of information via the internet is not entirely secure. Although COOKING 2010 adopts the measures prescribed by law for the protection of the information entered, it is not able to guarantee the security of the data transmitted to the Site; the transmission is therefore carried out at the user's risk.
9. USER MATERIALS AND REVIEWS
9.1. General provisions:
9.1.2. The user declares and guarantees that the User Material that the user publishes (post), uploads to the Site (upload) or otherwise transmits to the Site does not violate, and will not violate in the future, any of the limitations provided for in the following articles 9.2 and 9.3.
9.2. User Material Policy: It is prohibited to publish (post), upload (upload) or transmit to, or from, the User Material Site (including Reviews) that:
9.2.1. is in violation of any applicable laws at local, national or international level;
9.2.2. is unlawful or misleading;
9.2.3. equivalent to unauthorized advertising; or
9.2.4. contains viruses or any other malicious programs.
9.3. Policy relating to User Reviews: In particular, by way of example and not limited to, it is prohibited to post Reviews on the Site that:
9.3.1. contain defamatory, obscene or offensive material;
9.3.2. promote violence or discrimination;
9.3.3. violate third party intellectual property rights;
9.3.4. are in violation of any legal obligation towards third parties (such as, for example, an obligation of trust);
9.3.5. promote illegal activities or violate the privacy rights of third parties;
9.3.6. give the impression of coming from COOKING 2010; and / or
9.3.7. are used to impersonate others or misrepresent reality about a close relationship (maternity / paternity) with another person.
9.4. Removal of Reviews: The list of prohibited acts referred to in articles 9.2 and 9.3 above is only an example and is not exhaustive. COOKING 2010 reserves the right (without assuming any obligation in this regard, if not limited to what is necessary by law) to proceed on an absolutely discretionary basis to the removal or correction at any time of any Review or other published User Material (post), uploaded (uploaded) or transmitted on the Site that COOKING 2010 believes violates one of the prohibitions referred to in the previous articles 9.2 or 9.3, which is otherwise questionable or could expose COOKING 2010 or any other third party to any prejudice or liability of any kind or for any other reason.
9.5. Use of Reviews: User Reviews and Material contained on the Site are for informational purposes only and do not represent a suggestion by COOKING 2010. User Reviews and Material reflect opinionsof customers who have ordered through the Site or other third parties and any statements, advice or opinions provided by these subjects pertain exclusively to them. Consequently, to the maximum extent permitted by law, COOKING 2010 does not assume any responsibility or liability for compensation to any person in relation to any Review or other User Material, including, by way of example and not limited to, in relation to errors , defamation, obscenity, omissions or falsehoods that may be found in these contents.
9.6. User responsibility: The user undertakes to compensate COOKING 2010 for any loss, damage or claim (and for all costs related to them) incurred by COOKING 2010 itself or claimed by a Restaurant or other third party and that derive from, or in connection with, any User Review or other User Material provided by the user in violation of the declarations, guarantees, commitments or restrictions provided for in this article 9.
9.7. Communications to the administrative or judicial authority: COOKING 2010 provides full collaboration to any competent authority that requests or requires to disclose the identity or position of anyone who publishes or transmits User Reviews or Material in violation of Articles 9.2 and 9.3.
10. LINKS TO AND FROM OTHER SITES
10.1. Third party sites: Any links to third party sites on the Site are provided solely for the convenience of visitors and users. The use of these links involves abandoning the Site. COOKING 2010 has not examined the aforementioned third party sites and has no control over them or their content or accessibility (and is not responsible for them). COOKING 2010 does not approve or issue any guarantee in relation to the aforementioned sites, the material present in them or the results deriving from the use of the same. Anyone who decides to access a third party site whose link is present on the Site does so exclusively at their own risk.
10.2. Authorization to insert links: It is possible to insert a link to the home page (homepage) of this Site (https://www.imaccheroncini.it) provided that:
10.2.1. it is done in a correct and legitimate way that does not damage or take advantage of COOKING 2010's reputation;
10.2.2. no links are inserted that refer to sites that you do not own or must do so in ways that suggest a form of association with, or approval by, COOKING 2010 that does not actually exist;
10.2.3. the website from which a possible link originates must comply with the content standards provided in these Site Conditions (in particular in article 9, "User Material and Reviews");
10.2.4. COOKING 2010 has the right to revoke the permission to place links at any time.
11.1. Information provided on the Site: Although COOKING 2010 endeavors to ensure that the information provided on the Site is correct, it does not promise that such information will be accurate or complete. COOKING 2010 can make any changes to the material on the Site or to the operation of the same and to the prices described in it, at any time and without notice, by communicating these changes to users in the same ways in which they were communicated the services and prices. The material on the Site may not be updated and COOKING 2010 makes no commitment to update it.
11.2. Allergy related information, dietary information and other menu information:
If you, or someone for whom you are ordering, have concerns about food allergies, intolerances or other food preferences, you should always contact the restaurant directly before placing your order. We ask you, please, not to use the field "leave a note for the restaurant" in case of food allergies or intolerances, please contact the Restaurant directly. It is important that you speak directly with the restaurant that will prepare the food to ensure that your order is indicated to your needs.
11.3. Actions and omissions: The contract for the supply and purchase of Products exists between the user and the Restaurant. Without this constituting a limit to the general validity of the above, and without prejudice to the case of willful misconduct and gross negligence of COOKING 2010, by using the Site the user accepts the following:
11.3.1. COOKING 2010 makes no commitment to guarantee that the quality of the Products ordered is satisfactory or that the Products are suitable for the user's purposes and expressly excludes any guarantee of this type.
11.3.2. The estimated delivery and collection times are provided and are indicative only. There is no guarantee, either from COOKING 2010 or from the Restaurant, regarding the fact che Orders will be delivered or made available to be collected within the estimated times.
11.3.3. COOKING 2010 strongly encourages to execute all Orders and to promptly communicate any refusals, and notifies the user (generally by e-mail) as soon as reasonably possible, if the Restaurant has refused to execute an Order. In any case, COOKING 2010 does not guarantee that all Orders are processed and cannot exclude that Orders are refused at any time due to being excessively busy, if the user does not provide proof of age for the purchase of drinks. alcoholic, when required, due to weather conditions or for any other reason.
11.3.4. The previous liability waiver clauses are without prejudice to the users' rights provided for by the law and / or the sales contract with the restaurants as well as the regulations of the Consumer Code for the protection of consumers.
11.4. Exclusion of other provisions: COOKING 2010 provides the user with access to the Site and allows its use on the assumption that, to the maximum extent permitted by law, any and all warranties, declarations, conditions, commitments and any other clause in relation to the Site and its use by the user (including any declaration, guarantee, condition, commitment and other provision that may otherwise apply to the Site or its use by the user, or which is implicitly made applicable or included in these Site Conditions pursuant to applicable law or otherwise).
12.1. General provisions: Nothing on this Site excludes or limits the liability of COOKING 2010 in the event of death or personal injury resulting from the fault of COOKING 2010, nor the liability of COOKING 2010 in the event of willful misconduct or gross negligence, nor any further liability that cannot be excluded or limited in accordance with current legislation. Nothing in these Site Conditions affects the mandatory rights that the law grants to users of the Site such as, by way of example and not limited to, the rights guaranteed to consumers pursuant to the Consumer Code.
12.2. Disclaimer: Without prejudice to the provisions of article 12.1 above, COOKING 2010 is not liable to users in any case, either on a contractual or non-contractual basis (including due to negligence), nor for violation of obligations imposed by law or any other title, even if it is a foreseeable circumstance, deriving from, or in connection with the Site (including the use, the impossibility of using or the effects of the use of the Site) in relation to:
12.2.1. any loss of profits, sales, business or income;
12.2.2. loss or destruction of data, information or software;
12.2.3. loss of business opportunities;
12.2.4. loss of anticipated savings;
12.2.5. goodwill loss; or
12.2.6. any indirect or consequential loss.
12.3. Limitation of liability: Without prejudice to the provisions of article 11, article 12.1 and article 12.2 and without prejudice to the applicable consumer protection legislation, the total liability of COOKING 2010 towards users in relation to any other loss deriving from, or in connection with the Site or the use of the same by the user, be it on a contractual, extra-contractual basis, for violation of obligations under the law or any other title, cannot exceed the lower sum between twice the value of the Order and an amount equal to Euro 100.
12.4. Additional costs: The user is fully and exclusively liable for any additional or related costs he may incur while using the Site or as a consequence of it, including, without limitation, the costs related to assistance , repair or adaptation of any devices, software or data owned by the user or which the user owns or owns by leasing or license or which are otherwise used by the user.
13.1. Causes of termination: pursuant to art. 1456 of the Civil Code, COOKING 2010 has the right to terminate the contractual relationship with the user and suspend the user's right to use the Site, immediately, by written communication (including communication via e-mail), in the event that COOKING 2010 believes, in its sole judgment:
13.1.1. that the user has used the Site in violation of article 7.1 (User license);
13.1.2. that the user has published Reviews or other User Material on the Site that violates the provisions of articles 9.2 or 9.3 (Visitor Material and Reviews);
13.1.3. that the user has violated article 10.2 (Link to and from other sites); or
13.1.4. that the user has failed to make the payment of an Order whose productshave been delivered by the Restaurant or have violated any other essential provision of these Site Conditions.
13.2. Obligations of the user in the event of termination: Upon termination or suspension, the user is obliged to immediately destroy any extract from the Site that may have been downloaded or printed.
14. WRITTEN COMMUNICATIONS
14.1. The current legislation may require that some information and notices, among those that COOKING 2010 provides to the user, must be communicated in writing. By using the Site or placing an Order of Products through the Site, the user accepts that communication with COOKING 2010 takes place mainly electronically. In particular, the user agrees to be contacted by e-mail or that information is provided through the publication of warning posts on the Site. For contractual purposes, the user accepts these electronic communication methods. This clause does not affect the rights that the law provides for users of the Site.
15. EVENTS NOT CONTROLLED BY COOKING 2010
15.1. COOKING 2010 is not responsible for, and is not required to compensate, any possible default or late fulfillment of its contractual obligations under these Site Conditions that is caused by events beyond the reasonable possibility of control by COOKING 2010 ("Events of Force Majeure ").
15.2. A Force Majeure Event includes any act, event, non-fulfillment, omission or accident that goes beyond the reasonable possibilities of control by COOKING 2010 and includes in particular (by way of example and not limited to) the following:
15.2.1. strikes, lockouts or other actions in the context of relations between employees and companies;
15.2.2. civil riots, riots, invasions, terrorist attacks or terrorist attack threats, wars (even in the absence of a specific declaration) or war threats and preparations for war;
15.2.3. fires, explosions, storms, floods, earthquakes, land subsidence (including subsidence), epidemics or other natural disasters;
15.2.4. impossibility of using the railway, naval, air, road transport or other means of public or private transport;
15.2.5. impossibility of using public or private communication networks; is
15.2.6. laws, decrees, regulations, regulations or restrictive discipline of any government.
15.3. The execution by COOKING 2010 of its contractual obligations under these Site Conditions is considered suspended for the entire duration of the Force Majeure Event and COOKING 2010 benefits from an extension of the duration foreseen for the fulfillment equal to the duration of the aforementioned period. COOKING 2010 endeavors with all reasonable efforts to reach the end of the Force Majeure Event or to find a solution for which the contractual obligations of COOKING 2010 can be fulfilled despite the Force Majeure Event.
16. MISCELLANEOUS AND ADDITIONAL CLAUSES
16.2. Discipline of additional aspects: Furthermore, users and visitors of the Site are advised to examine: the Voucher Regulations for further information regarding the use of promotional credits and discounts on the Site. By virtue of this recall, the aforementioned rules form an integral part of these Site Conditions.
16.3. Partial invalidity: If one or more terms or conditions of these Site Conditions are declared invalid, null or ineffective, in whole or for any part, the invalidity, nullity or ineffectiveness will concern only such terms, conditions or forecasts and remaining terms will remain valid and effective to the maximum extent permitted by law.
16.4. Uniqueness of the agreement: these Site Conditions and any other document explicitly referred to therein constitutes the entire agreement between COOKING 2010 and the user and replaces all previous discussions, correspondence, negotiations, any previous agreement, understanding or contract between the parties in relation to the subject of the contract.
16.5. Waivers: Any failure or late implementation (in whole or in part) of any provision of these Site Conditions cannot be interpreted as a waiver by one or the other party to assert their rights or remedies.
16.6. Assignment: The user of theSite cannot assign any rights or obligations provided for in these Site Conditions without the prior written consent of COOKING 2010, even in the event of transfer of a company or business unit. COOKING 2010 can assign any right or obligation provided for in these Site Conditions to a company affiliated with it or to any company with which it associates to carry out the business activity, which it acquires or to which it is sold, even in the case of sale company or business unit and as long as the protection of consumer rights has not diminished following the sale.
16.7. Headings: The headings of the articles of these Site Regulations are provided for convenience only and do not affect their interpretation in any way.
17. APPLICABLE LAW AND COMPETENT PHOTO
17.1 Applicable Law: all complaints and disputes that may arise in relation to or pursuant to these Site Conditions will be regulated and interpreted in accordance with Italian law. For consumers residing in Italy, the mandatory legislation for consumer protection provided for by Italian law (Consumer Code) will apply.
17.2 Jurisdiction: any dispute arising from these Site Conditions concerning non-consumer users, will be devolved to the exclusive jurisdiction of the Rome forum. In the event of a dispute arising from these Site Conditions concerning consumer users, consumers will be able to appeal to the courts (i) of the forum of Rome or (ii) of the place where they have their residence or domicile in Italy. COOKING 2010 and Restaurants will be able to file a lawsuit against a consumer residing in Italy only at the consumer's place of residence or domicile. In the event of a dispute, the user is encouraged to contact Customer Service first to find a solution.
17.3 Online dispute resolution: As an alternative to the judicial resolution of disputes, the consumer can submit his complaint to the Online Resolution Platform for the resolution of disputes out of court (European ODR Platform) (Art. 14, par. 1 of the EU Regulation 524/2013). For more information on the European ODR Platform or to file a complaint and initiate alternative procedures for disputes relating to this contract, you can use the following link: https://ec.europa.eu/odr. The COOKING 2010 email address to be communicated to the European ODR Platform is the following: firstname.lastname@example.org
*** The user, pursuant to and for the purposes of articles 1341 and 1342 of the Civil Code, expressly approves the following articles: Art. 4.2 (Modification or withdrawal from the Order); Art. 4.4 (Processing of the Order and refusal of execution of Orders by the Restaurant); 5.5 (Credit and discount coupons); 5.6 (Orders rejected); 6.5 (Compensation); 8.2 (Suspension of access and withdrawal); 11 (Disclaimer); 12.2 (Exclusion of liability); 12.3 (Limitation of liability); 16.6 (Transfer); 17 (Applicable Law and Competent Court).