GENERAL TERMS AND CONDITIONS
Art. 1. Recitals – The following terms and conditions shall govern each transaction between InBed S.r.l. and its costumers regarding the products and/or services offered by the company to the public through the website www.lepanier.it (the “website” from now on), owned by – like the related trademark – by InBed S.r.l. – having its registered office in via Bolzano No. 15, Rome (00198) – fiscal code 13961801001, certified e-mail InBedsrl@pec.it – represented by the pro tempore legal representative (“InBed” from now on).
Lepanier.it is the online website through which InBed offers the public a service of gourmet breakfast delivery, whose products are constituted by several prepared dishes, both warm and cold (the “service” from now on) based on original recipes.
The conception, presentation, preparation, conservation and delivery of the dishes is fully coordinated a managed by InBed.
The users/costumers (actual and potential ones) of the abovementioned website must carefully read the general terms and conditions hereby listed before finalizing any transaction – online or offline – with InBed.
The finalization of the e-commerce procedure by the individual client marks the moment of its full acceptance of this general terms and conditions and of the policies – regarding the treatment of personal data and/or the profiling of the users as well – adopted in the management of the website.
The website is fully owned and managed by InBed S.r.l. (as better identified above).
In case of technical and/or commercial and/or administrative problems, the costumers shall contact InBed at the following email addresses:
firstname.lastname@example.org (for technical assistance)
email@example.com (for general information)
Art. 2. Subject – The users shall be able to consult the culinary offers constituting InBed’s line-up, and to order the dishes on the menu, may they be warm or cold. All of it by registrating by filling the form at the URL www.lepanier.it.
Once the selection of the dishes is complete the costumer, until the moment of payment (check-out), shall be able to either proceed with payment and, consequently, execute the order or to leave (through the log-out function in the website). In the latter case the order will remain in the so-called “basket” and shall be modified and integrated
Art. 3. Choice of dishes – Procedures – delivery terms and conditions – Minimum order – the users of the website, after the registration – care being taken to give truthful data regarding their identity, including fiscal data (Fiscal Code and/or VAT identification number), the contact details (email and phone number) and the address to which the order is intended to be delivered, shall select the dishes (or complete menus) by browsing in the website.
More specifically, the food shall be chosen by consulting/browsing the website in the “Menu” and “Special Menu” areas.
The chosen products, with regards to quality and quantity, will be placed in the so-called basket, which will present a summary of the purchased products.
The basket will indicate the products and their cost, including VAT.
The delivery price will be indicated in the summary as well, in order to fully inform the costumer regarding the final payment that will have to be paid through the finalization of the order.
Before proceeding to check-out – which will activate the online payment platform (managed by Stripe and protected with the best security tools available on the date hereof) – the costumer shall choose the time (the time-slot) for the delivery.
Once the Check-out is completed, the system will forward an email to confirm the order with the confirmation of completion of the e-commerce transaction. It is understood that, in this phase, the amount owed by the client will only be “blocked”/”booked” for the purposes of the payment. The payment shall take place only once the delivery has been completed or in case of “no-show” by the client at the delivery place (see below).
The correct communication of the email addresses and phone numbers have an essential importance for the transaction to be correctly fulfilled by InBed S.r.l.
In case of mistake in the transmission of the abovementioned information, no default claim shall be raised against InBed S.r.l. that in no case shall be held liable to verify the correctness of the contact details of the Costumers.
The order, once the e-commerce transaction and the payment booking are correctly completed, shall be processed by InBed S.r.l. and later forwarded to the logistics in order to be dispatched to the address provided by the costumer.
The abovementioned rules applying regarding the contact details apply in this case as well: the Costumer must provide the correct information regarding the place and time of the delivery.
At the time of the delivery, the InBed commissioned person shall contact the consumer through intercom/doorbell; after a first attempt, such person shall try two further times, during a time-span of maximum ten minutes; at the same time the costumer care service of InBed S.r.l. shall attempt to contact the Costumer on the phone and via email, via the contact details provided by the costumer at the moment of registration/order.
After ten minutes at the delivery place, the commissioned person will be granted the right to proceed to his further tasks, and the transaction will be considered as performed by InBed, being understood that the charging of the price is fully legitimate.
InBed shall not process orders below €14,00 (Euro 14,00).
After the complete transactions, Inbed will forward an invoice to the Costumer, using the fiscal information that the latter provided.
Art. 4. Territory – InBed ensures delivery service, at the present time, only in the territory or the City of Rome, and in particular in the areas of the following ZIP codes: 00186,00193,00153,00184.
Over time the service will enlarge its territorial coverage to other areas of the city.
The registered costumers shall be informed regarding the evolutions via e-mail, through ad hoc communications.
As a result of the above, orders from non-covered areas will not be accepted.
The above restriction arises from the need to ensure the costumers the delivery of freshly made products.
Art. 5. Preparation of products – Allergens – Allergies – Communication obligation of the costumer – The products exposed in the website shall, normally, be available for the costumers.
The list of allergens is published (and updated) in the website, at the URL http://lepanier.it/allergeni/, and in the written memo attached with the ordered dishes.
If, due to unforeseeable and contingent events, the dishes ordered by the costumer were not available, InBed shall integrate the menu/order with similar products.
The costumer undertakes to expressly communicate, in written form, to InBed – at the moment of the order, by filling the relevant form – any allergy to particular ingredient/products
Art. 6. Minimum age – Alcoholic beverages – The service offered by Inbed – does not include, except what below stated, any age limitation; it is understood that any purchase concerning alcoholic beverages shall be made exclusively by persons being 18 years old or older.
InBed reserves the right not to process, wholly or partially, purchases made by under-age persons concerning, among others (or only), alcoholic beverages. In such case the price will not be charged to the costumer.
Art. 7. Delivery of orders – Limitation of liability – Discount Coupon – Refunds – Cancellation of the orders – Force majeure/Acts of God – The parties acknowledge that factors falling outside the legal position of, and not controllable by, InBed (traffic conditions, weather conditions, strikes, social disorders, road accidents, etc…) could prevent the correct performance of the delivery at the desired time, or make it wholly impossible.
In case of delays of 20 minutes above the delivery time, the costumer shall be awarded with a discount of 20 % on the next order, in case of impossibility of delivery, the costumer shall not be charged.
The costumer will not be able to cancel the finalized orders.
In the circumstance in which InBed shall cancel, at its own discretion, one or more orders, the relative payments shall be refunded at the costumer/s within 5 days after the delivery date.
In any case the cancellation of the order shall be communicated to the costumer before the delivery time, in writing, through an e-mail.
The right of withdrawal, given the nature of the products offered by InBed, is excluded by article 59, paragraph 1, letter d) of the Consumers’ Code (Legislative Decree 206/2005 as subsequently updated and modified) .
In no case InBed shall be held responsible for its fulfilment of the obligations if such fulfilment were to be prevented/obstructed by cause majeure events (so called Acts of God).
Art. 8 – Other limitations of liability – For what allowed by the law, InBed shall not be held responsible in case of direct, indirect, special or consequent losses of contractual or extra-contractual responsibility arising from the usage of the service by the costumer, or by its capacity to use it.
The responsibility, unless the law provides otherwise, shall be limited to the price of purchase of the products charged to the client.
The abovementioned limitations shall not be applied in cases of a transaction with “consumers” clients, as defined in the Legislative Decree 206/2005 as subsequently updated and modified.
Art. 9 – Costumers’ Feedback – InBed has the objective to respect the highest market standards; for this purpose, the costumer is invited to forward the company with all the possible feedback, a critic as well, in order to overcome the difficulties and to allow a constant dialogue with the costumers’ base.
Any comment/report/critic can be forwarded to the customer care service, via email to firstname.lastname@example.org .
InBed could ask its registered costumers to complete questionnaires, in order to improve its service.
Art. 10. Amendments to contractual provisions – any amendment to the present contractual provisions shall be valid and enforceable, only if promptly brought to attention if the costumers; To this end, InBed undertakes to publish on its website the updated contractual provisions applicable to every costumer. In such case, the amendments to the contractual provisions shall be valid and enforceable only after 15 (fifteen) days after their publication on the website. InBed shall not be held responsible to forward specific communications to the costumers.
Art. 11. Governing law – Jurisdiction – Activities of InBed, an Italian company, are subject to Italian law, which is also the applicable law between it, the costumers and any other third party.
In cases of transaction with “non-consumer” costumers, the Courts of Rome have exclusive jurisdiction.
The courts of the costumer’s residence or domicile shall have jurisdiction regarding any controversy arising from this disciplinary terms and conditions, in case the costumer is a “consumer” as defined by the Consumers’ Code (Legislative Decree 205/2006 as subsequently updated and modified).
Art. 12 Personal data processing – InBed S.r.l. manages personal data of its customers, suppliers and successors in title pursuant to Legislative Decree 196/03 as subsequently updated and modified.
The costumers shall enjoy all the rights attributed to them by the applicable law regarding personal data.
Any enquiry regarding personal data can be forwarded to the Responsible of the Personal data processing, via email at email@example.com.
The data controller is InBed S.r.l. – having it registered office in Roma, Via Bolzano, n. 15 (00198) – fiscal code 13961801001, certified email firstname.lastname@example.org.