Eatalian Experience Srl
Via Enrico Cosenz 22
00159 Rome (Italy)

VAT 03104890805
REA RC – 211020

Owner email address: support@eatalianexperience.com

To know at a glance

• The right of withdrawal only applies to European consumers.

• Please note that certain provisions of these Terms may only be applicable to certain categories of Users. In particular, some provisions may apply only to Consumers or only to Users who do not act as Consumers. These limitations are always explicitly mentioned in each affected clause. In case of no mention, the clauses apply to all Users.

Terms of use

Unless otherwise specified, the conditions of use of eatalianxperience.com set out in this section are generally valid.

Additional conditions of use or access applicable in particular situations are expressly indicated in this document.

By using eatalianxperience.com the User declares to satisfy the following requirements:

• There are no restrictions on Users with respect to whether they are Consumers or Professional Users.

Registration

To use the Service, the User can open an account indicating all the data and information requested in a complete and truthful manner.
You can also use the Service without registering or creating an account. In this case, however, certain functions may not be available.

It is the responsibility of the Users to keep their access credentials in a secure way and preserve their confidentiality. To this end, Users must choose a password that corresponds to the highest level of security available on eatalianxperience.com.

By creating an account, the User agrees to be fully responsible for any activity carried out with his login credentials.
Users are required to inform the Owner immediately and unambiguously through the contact details indicated in this document if they believe that their personal information, such as the User account, access credentials or personal data, have been violated, unlawfully disclosed or subtracted.

Registration requirements

The registration of a User account on eatalianxperience.com is subject to the conditions specified below. By registering an account, the User confirms that they meet these conditions.

• Opening accounts via bots or other automated means is not allowed.

• Unless otherwise specified, each User can create only one account.

• Unless expressly permitted, a user’s account cannot be shared with other people.

Account closure

The User is free to close his account and stop using the Service at any time, following this procedure:

• By contacting the owner at the contact details in this document.

Suspension and cancellation of accounts

The Owner reserves the right to suspend or cancel a User account at any time at his discretion and without notice, if he deems it inappropriate, offensive or contrary to these Terms.

Suspension or cancellation of the account does not give the User any right to compensation, reimbursement or compensation.

The suspension or cancellation of an account for reasons attributable to the User does not exempt the User from paying any fees or prices that may be applicable.

Content on eatalianxperience.com

Unless otherwise specified or clearly recognizable, all content available on eatalianxperience.com is owned by or provided by the Owner or its licensors.

The Owner takes the utmost care to ensure that the content available on eatalianxperience.com does not violate the applicable legislation or third-party rights. However, this cannot always be achieved.
In such cases, without prejudice to the rights and claims that can be legally exercised, Users are asked to submit the related complaints using the contact details specified in this document.

Rights to the contents of eatalianxperience.com

The Owner holds and expressly reserves all intellectual property rights on the aforementioned contents.

Users are not authorized to use the contents in any way that is not necessary or implicit in the correct use of the Service.

In particular, but without exclusions, Users are prohibited from copying, downloading, sharing beyond the limits specified below, modifying, translating, processing, publishing, transmitting, selling, granting sublicenses, transforming, transferring / alienating to third parties or creating works derived from the content available on eatalianxperience.com, to allow third parties to undertake such activities through their User account or device, even without their knowledge.

Where expressly indicated on eatalianxperience.com, the User is authorized to download, copy and / or share certain content available on eatalianxperience.com exclusively for personal and non-commercial purposes and on condition that the attribution of the authorship of the work is observed as well as the indication of any other relevant circumstances requested by the Data Controller.

The limitations and exclusions provided by the copyright law remain valid.

Access to external resources

Through eatalianxperience.com, Users could have access to resources provided by third parties. Users acknowledge and accept that the Owner has no control over these resources and therefore is not responsible for their content and availability.

The conditions applicable to resources provided by third parties, including those applicable to any concessions of rights on contents, are determined by the third parties themselves and regulated in the relative terms and conditions or, in their absence, by law.

Permitted use

Eatalianxperience.com and the Service may only be used for the purposes for which they are offered, according to these Terms and in accordance with applicable law.

It is the User’s sole responsibility to ensure that the use of eatalianxperience.com and / or the Service does not violate the law, regulations or rights of third parties.

Therefore, the Data Controller reserves the right to take any suitable measure to protect his legitimate interests, and in particular to deny the User access to eatalianxperience.com or to the Service, terminate contracts, denounce any reprehensible activity carried out through eatalianxperience. com or the Service to the competent authorities – p. es. the judicial or administrative authority – whenever the User puts in place or there is suspicion that he puts in place:

• violations of the law, regulations and / or terms;
• injury to third party rights;
• deeds that can considerably affect the legitimate interests of the Data Controller;
• offenses to the Owner or to a third party.

Terms and conditions of sale

Paid products

Some of the Products offered on eatalianxperience.com, as part of the service, are provided for a fee.

The tariffs, duration and conditions applicable to the sale of these Products are described below and in the respective sections of eatalianxperience.com.

To purchase the Products, the User is required to register or log in to eatalianxperience.com.

Product description

Prices, descriptions and availability of the Products are specified in the respective sections of eatalianxperience.com and are subject to change without notice.

Although the Products on eatalianxperience.com are presented with the greatest possible technical accuracy, the representation through photos, images, colors, sounds or any other means is to be understood as a mere reference and does not imply any guarantee regarding the characteristics of the Product purchased.

The characteristics of the selected Product will be specified during the purchase procedure.

Purchase procedure

Each phase, from the choice of the product to the forwarding of the order, is part of the purchase procedure. The purchase procedure includes the following steps:

• Users are asked to choose the desired Product, to make it appear in the purchase selection, indicating, where possible, specific quantities and characteristics.
• Users can check their choice, modify, add or remove articles.
• Users will be asked to specify their billing address, contact details and a payment method of their choice.
• In the event that the purchase involves the delivery of a Product, it may be necessary for Users to indicate a shipping address.
• During the purchase procedure, Users can, at any time, modify, correct or replace the information provided or completely cancel the purchase procedure without any consequence.
• After providing all the required information, Users are asked to carefully check the order and can subsequently proceed to checkout.

To submit the order, Users are required to accept these Terms and to use the respective button or mechanism on eatalianxperience.com, thereby committing themselves to pay the agreed price.

Sending the order

Sending the order involves the following:

• The sending of the order by the user determines the conclusion of the contract and gives rise to the obligation of the User to pay the price, taxes and any further charges and expenses, as specified in the order page.
• In the event that the purchased Product requires an active contribution from the User, such as the provision of information or personal data, specifications or special requests, the forwarding of the order also constitutes the obligation of the User to collaborate with accordingly.
• Once the order has been sent, Users will receive a confirmation of receipt of the order.

All notifications relating to the purchase procedure described above will be sent to the email address provided by the User for this purpose.

Prices

During the purchase procedure and before submitting the order, Users are duly informed of all the commissions, taxes and costs (including any shipping costs) that will be charged to them.

The prices on eatalianxperience.com are shown:

• inclusive of all applicable commissions, fees and costs;

Promotions and discounts

The Owner may offer special discounts or promotions for the purchase of the Products. These promotions or discounts are always subject to the requirements and terms and conditions set out in the related section of eatalianxperience.com.

Promotions and offers are always granted at the owner’s sole discretion.

Repeated or periodic promotions or discounts do not constitute any claim or right that may be activated by Users in the future.

Depending on the case, the discounts and promotions are valid for a certain period of time or while stocks last. Unless otherwise specified, if a promotion or discount is limited in time, the time frames refer to the time zone of the owner’s office, as indicated in the contact details in this document.

Means of payment

The details of the accepted means of payment are highlighted during the purchase procedure.

Some means of payment are linked to additional conditions or involve additional costs. Detailed information is given in the related section of eatalianxperience.com.

The payment methods marked as such are managed directly by the Owner. The Data Controller collects and stores the data necessary for the management of payments and for the fulfillment of the related legal obligations. To receive further information on the processing of personal data and on actual rights, the User can refer to the privacy policy of eatalianxperience.com.

Other possible payment methods, if any, are provided independently by third party services. In these cases, eatalianxperience.com does not collect any payment information – such as credit card data – but receives a notification from the interested third party supplier when the payment is successfully completed.

In the event that the payment made by one of the available means fails or is refused by the payment service provider, the Owner is not obliged to execute the order. Any costs or commissions resulting from the failed or refused payment are charged to the User.

Authorization for future payments via PayPal

In the event that the User authorizes the PayPal function that allows future purchases, eatalianxperience.com will store an identification code linked to the User’s PayPal account. In this way eatalianxperience.com will be able to automatically process payments for future purchases or for the payment of periodic installments of a previous purchase.

The authorization can be revoked at any time by contacting the owner or by changing the personal settings of PayPal.

Retention of title

Until the owner receives the payment of the full purchase price, the User does not acquire ownership of the Products ordered.

Contractual right of withdrawal

The Owner grants Users the contractual right to withdraw from the purchase contract according to the terms and conditions set out in the related section of eatalianxperience.com within 14 days of the conclusion of the contract.

Delivery

Deliveries are made to the address indicated by the User and in the manner indicated in the order summary.

Upon delivery, Users must check the contents of the package and promptly report any anomalies to the contact details shown in this document or as described in the delivery note. Users can refuse to accept the package if visibly damaged.

Delivery can take place in the countries or territories specified in the eatalianxperience.com section.

Delivery times are indicated on eatalianxperience.com or during the purchase process.

Unless otherwise specified on eatalianxperience.com or agreed with the User, the Products are delivered within thirty (30) days of purchase.

Delivery failure

The Data Controller is not liable in any way for any delivery errors deriving from inaccuracies or omissions committed by the User in completing the purchase order, or for any damages or delays occurring after delivery to the courier if the latter has been instructed by the ‘User.

In the event that the goods are not delivered or collected at the time or within the established deadline, they will be returned to the Owner, who will contact the User to schedule a second delivery attempt or agree on further measures.

Unless otherwise specified, any delivery attempt starting from the second will be borne by the User.

User rights

Right of withdrawal

Except for exceptions, the User may have the right to withdraw from the contract within the term specified below (usually 14 days) for any reason and without justification. The User can find more information on the right of withdrawal in this section.

Who enjoys the right of withdrawal

If one of the exceptions listed below does not apply, Users who act as European Consumers are legally entitled to withdraw from contracts concluded online (distance contracts) within the period of time applicable to the specific case for any reason and without the need for justification .

Users who do not meet these requirements do not enjoy the rights described in this section.

Exercise of the right of withdrawal

To exercise the right of withdrawal, the User must send the Owner an unequivocal communication of his intention to withdraw from the contract.

To this end, the User can use the standard withdrawal form found in the definitions section of this document. However, the User is free to express his intention to withdraw from the contract in any other suitable form. In order to respect the period within which the right must be exercised, the User must send the withdrawal declaration before the withdrawal deadline expires.

When does the withdrawal deadline expire?

• In case of purchase of goods , the withdrawal period expires after 14 days from the day on which the User or a third party – appointed by him and other than the courier – takes possession of the goods.
• In the case of the purchase of multiple goods ordered together but delivered separately or in the case of the purchase of a single asset consisting of several lots or pieces delivered separately, the withdrawal period expires after 14 days from the day on which the User or a third party – from these commissioned and different from the courier – takes possession of the last of the goods, lots or pieces.

Effects of withdrawal

The Owner reimburses all payments received including, if made, those relating to delivery costs to Users who have correctly exercised the right of withdrawal.

However, the higher cost deriving from the choice of a particular delivery method different from the cheaper standard delivery offered by the Owner, will remain the responsibility of the User.

The refund takes place without undue delay and in any case within 14 days from the day on which the Owner was informed of the User’s decision to withdraw from the contract. Unless otherwise agreed with the User, the refund is made using the same payment method used for the initial transaction. The User does not have to bear any costs as a consequence of the withdrawal.

… on contracts for the purchase of tangible goods

Unless the Data Controller has offered to collect the goods, the User is required to return them to the Data Controller or to another person authorized by them to receive them without undue delay and in any case within 14 days from the day on which he communicated his intention to withdraw from the contract.

The deadline is respected if the delivery of the goods to the courier or to another authorized person takes place before the expiry of the 14-day period described above. The refund can be held until receipt of the goods or until the User has provided proof of having returned them.

The User is liable for the decrease in the value of the goods deriving from a use of the goods other than that necessary to establish their nature, characteristics and functioning.

The shipping costs of the return are charged to the User .

Exceptions to the right of withdrawal

There is no right of withdrawal from contracts:

• supply of tailor-made or clearly personalized goods;

• the supply of goods that are liable to deteriorate or expire rapidly;

• the supply of sealed goods that cannot be returned for hygienic reasons or connected to health protection and have been opened and / or handled after delivery;

Legal guarantee of product conformity

According to European legislation, the seller guarantees the conformity of the goods sold for a minimum period of 2 years from delivery. Therefore, the seller is required to ensure that the goods purchased have the quality, functionality or features promised or reasonably foreseeable for at least two years from the time of delivery to the buyer.

If Users act as European Consumers, the legal guarantee of conformity of the goods applies to the articles available on eatalianxperience.com in accordance with the laws of the country in which they habitually reside.

The national laws of this country may grant broader rights to these Users.

Consumers who do not act as European Consumers could enjoy rights of guarantee of conformity pursuant to the legislation of the country in which they habitually reside.

Limitation of Liability and Indemnity

European users

indemnity

The User undertakes to indemnify and hold harmless the Owner and his subordinates, affiliates, officers, agents, brand owners, partners and employees from any claim or claim – including, without limitation, legal fees and expenses – made by third parties to due to or in connection with culpable behavior such as the use or connection to the service, the violation of these Terms, the violation of third party rights or laws by the User, its affiliates, officers, agents, co-owners of the brand, partners and employees, to the extent required by law.

Limitation of liability for User activities on eatalianxperience.com

Unless otherwise specified and without prejudice to the applicable legal provisions on liability for product damage, any claim for damages against the Owner (or any natural or legal person acting on his behalf) is excluded.

The foregoing does not limit the responsibility of the Data Controller for death, damage to the person or to physical or mental integrity, damage resulting from the violation of essential contractual obligations, such as the obligations strictly necessary to achieve the cause of the contract, and / or to the damage caused with willful misconduct or gross negligence, provided that the use of eatalianxperience.com by the User has been suitable and correct.

Unless the damages were caused with willful misconduct or gross negligence or affect life and / or personal, physical or mental integrity, the Data Controller is liable only to the extent of the damage typical for the type of contract and foreseeable at the time of conclusion.

Australian users

Limitation of liability

Nothing in these Terms excludes, limits or modifies any guarantee, condition, indemnity, right or protection that the User may have under the Competition and Consumer Act 2010 (Cth) or other similar state and territorial laws and which constitutes a right which cannot in any way be excluded, limited or modified (right cannot be excluded). To the maximum extent permitted by law, our liability to you, including liability for violation of a non-excludable right and any other liability not otherwise excluded under these Terms and Conditions, is limited, at the discretion of the Owner, to a new supply of services or to pay the cost of repeating their supply.

USA users

Warranty disclaimer

Eatalianxperience.com is provided strictly in the state in which it is located and according to availability. The use of the Service is at the User’s risk. To the maximum extent permitted by law, the Data Controller expressly excludes conditions, agreements and guarantees of any kind – whether they are expressed, implied, statutory or otherwise, including, but not limited to, any implied warranties of merchantability, of fitness for a particular purpose or non-violation of the rights of third parties. No advice or information, whether oral or written, that the User has obtained from the Owner or through the Service will create guarantees not expressly provided for in this document

Without prejudice to the foregoing, the Owner and his subordinates, affiliates, officers, agents, brand owners, partners, suppliers and employees do not guarantee that the content is accurate, reliable or correct; that the Service will be available, uninterrupted and secure, at any particular time or place; that any defects or errors will be corrected; or that the Service is free from viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the Service is downloaded at the User’s risk and danger and the User is solely responsible for any damage to the computer system or mobile device or for the loss of data resulting from this operation or from the use of the Service by the User.

The Owner does not guarantee, approve, guarantee or assume responsibility for any product or service advertised or offered by third parties through the Service nor any website or service connected via hyperlinks. Furthermore, the Data Controller does not take part in or in any way monitor any transaction between Users and third party suppliers of products or services.

The Service may become inaccessible or not function properly with the User’s browser, device and / or operating system. The Owner cannot be held responsible for any damage, whether perceived or actual, deriving from the content, operation or use of the Service.

Federal laws, some states and other jurisdictions do not allow the exclusion and limitation of certain implied warranties. The above exclusions may not apply to Users. This Agreement gives Users special legal rights. Users may enjoy additional rights which vary from state to state. The limitations and exclusions provided for in this Agreement apply within the limits established by law.

Limitation of liability

To the maximum extent permitted by applicable law, the Owner and his subordinates, affiliates, officers, agents, brand owners, partners, suppliers and employees may under no circumstances be held responsible for

• any indirect, intentional, collateral, particular, consequential or exemplary damage, including, but not limited to, damage resulting from the loss of profits, goodwill, use, data or other intangible losses, deriving from or relating to use, or the inability to use the Service; is
• any damage, loss or injury resulting from hacking, tampering or other access or unauthorized use of the Service or User account or the information contained therein;
• any error, lack or inaccuracy in the contents;
• personal injury or material damage, of any nature, resulting from the access or use of the Service by the User;
• any unauthorized access to the owner’s security servers and / or any personal information stored there
• any interruption or termination of transmissions to or from the Service;
• any bugs, viruses, trojans or similar that may be transmitted to or through the Service;
• any error or omission in any content or for any loss or damage suffered as a result of the use of any published content, sent via email, transmitted or otherwise made available through the Service; and / or
• the defamatory, offensive or illegal conduct of any User or third parties. In no case can the Owner and his subordinates, affiliates, officials, agents, brand owners, partners, suppliers and employees be held responsible for any request for compensation, proceedings, responsibility, obligation, damage, loss or cost for an amount greater than that paid by the User to the Owner during the previous 12 months, or for the duration of this Agreement between the Owner and the User, whichever is shorter.

This section on limitation of liability applies within the maximum limits permitted by law in the applicable jurisdiction, regardless of whether the alleged liability derives from the contract, unlawful act, negligence, strict liability or any other basis, even if the Owner had been advised of the possibility of such damage occurring. Some jurisdictions do not allow the exclusion or limitation of collateral and consequential damages, therefore the above limitations or exclusions may not apply to the User. These Terms confer specific legal rights on the User and the User may enjoy other rights that vary from jurisdiction to jurisdiction. The exceptions, exclusions or limitations of liability provided for in these Terms do not apply beyond the limits established by applicable law.

indemnity

The User undertakes to defend, indemnify and hold harmless the Owner and his subordinates, affiliates, officers, agents, brand owners, partners, suppliers and employees from and against any claim or claim, damage, obligation, loss, responsibility, burden o debt and expenses, including, without limitation, legal fees and charges arising out of

• the use or access to the Service by the User, including any data or content transmitted or received by the User;
• the violation of these Terms by the User, including, but not limited to, any violations by the User of any declaration or guarantee provided by these Terms;
• violation by the User of any third party rights, including, but not limited to, any rights relating to privacy or intellectual property;
• violation by the User of any applicable law, rule or regulation
• any content sent from the User’s account, including, but not limited to, misleading, false or inaccurate information and also including the case in which access is made by third parties with the User’s username and password or other measures security, if any;
• the malicious conduct of the User; or
• the violation of any legal provision by the User or its affiliates, officers, agents, brand owners, partners, suppliers and employees, within the limits permitted by applicable law

Common provisions

No implicit waiver

Failure by the Owner to exercise the rights of law or claims deriving from these Terms does not constitute a waiver of the same. No waiver can be considered definitive in relation to a specific right or any other right.

Service interruption

To guarantee the best possible level of service, the Owner reserves the right to interrupt the Service for maintenance purposes, system updates or for any other modification, giving appropriate information to Users.

Within the limits of the law, the Owner reserves the right to suspend or completely terminate the Service. In the event of termination of the Service, the Data Controller will ensure that Users can extract their Personal Data and information according to the provisions of the law.

In addition, the Service may not be available for reasons that are beyond the reasonable control of the Owner, such as force majeure (e.g. strikes, infrastructure malfunctions, blackouts etc.).

Resale of the Service

Users are not authorized to reproduce, duplicate, copy, sell, resell or exploit eatalianxperience.com or the Service in whole or in part without the prior written consent of the Owner, expressed directly or through a legitimate resale program.

Privacy policy

Information on the processing of Personal Data is contained in the privacy policy of eatalianxperience.com.

Intellectual property

Without prejudice to any more specific provision contained in the Terms, intellectual and industrial property rights, such as for example copyrights, trademarks, patents and models relating to eatalianxperience.com are held exclusively by the Owner or by its licensors and are protected under the laws and international treaties applicable to intellectual property.

All trademarks – word or figurative – and any other distinctive sign, company, service mark, illustration, image or logo that appear in connection with eatalianxperience.com are and remain the exclusive property of the Owner or its licensors and are protected under of the international laws and treaties applicable to intellectual property.

Changes to the Terms

The Owner reserves the right to modify the Terms at any time. In this case, the Owner will give appropriate news of the changes to the Users.

The changes will affect the relationship with the User only for the future.

Continued use of the Service implies User acceptance of the updated Terms. If the User does not wish to accept the changes, he must cease using the Service. Failure to accept the updated Terms may result in the right of each party to withdraw from the Agreement.

The previous applicable version continues to govern the relationship until the User is accepted. This version can be requested from the Owner.

If required by applicable law, the Data Controller will specify the date by which changes to the Terms come into force.

Any modification of these Terms will be communicated in writing at least one month before becoming effective. If the Consumer does not accept the modified Terms, he will have the right to withdraw from the Agreement without suffering any prejudice and without any right to compensation within four months from the date on which the changes to the Terms have become effective.

Contract assignment

The Owner reserves the right to transfer, assign, dispose of, novate or contract individual or all rights and obligations according to these Terms, having regard for the legitimate interests of the Users.

The provisions relating to the modification of these Terms apply.

The User is not authorized to assign or transfer his rights and obligations according to the Terms without the written consent of the Owner.

Contacts

All communications relating to the use of eatalianxperience.com must be sent to the contact details indicated in this document.

Safeguard clause

If any of the provisions of these Terms should be or become null or ineffective under the applicable law, the nullity or ineffectiveness of this provision does not cause ineffectiveness of the remaining provisions, which therefore remain valid and effective.

European users

If a provision of these Terms should be or become void, invalid or ineffective, the parties will endeavor to amicably identify a valid and effective provision replacing the null, invalid or ineffective one.
In the event of failure to agree within the aforementioned terms, if permitted or provided for by applicable law, the null, invalid or ineffective provision will be replaced by the applicable legal framework.
Without prejudice to the foregoing, the nullity, invalidity or ineffectiveness of a specific provision of these Terms does not entail nullity of the entire Agreement, unless the null, invalid or ineffective provisions within the framework of the Agreement are essential or of such importance, that the parties would not have concluded the contract if they had known that the provision would have been invalid, or in cases where the residual provisions would entail an excessive and unacceptable burden for one of the parties.

USA users

Any invalid or ineffective provision will be interpreted and adapted to the extent necessary to make it valid, effective and in accordance with the original purpose.
These Terms constitute the entire agreement between the User and the Owner with reference to the regulated object and prevail over any other communication, including any previous agreements, between the parties regarding the regulated object.
These Terms will be implemented to the fullest extent permitted by law

Applicable law

The Terms are governed by the law of the place where the Owner is established, as indicated in the relevant section of this document regardless of the conflict rules.

Exception for European Consumers

However, regardless of the foregoing, if the User acts as a European Consumer and has habitual residence in a country whose law provides for a higher level of consumer protection, this higher level of protection prevails.

Jurisdiction

The exclusive competence to know any controversy deriving from or in connection with the Terms lies with the judge of the place where the Owner is established, as indicated in the relative section of this document.

Exception for European Consumers

The foregoing does not apply to Users who act as European Consumers or Consumers located in Switzerland, Norway or Iceland.

Dispute resolution

Friendly settlement of disputes

Users can report any disputes to the Owner, who will try to resolve them amicably.

Although the right of Users to take legal action remains unaffected, in the event of disputes concerning the use of eatalianxperience.com or the Service, Users are asked to contact the Data Controller at the addresses indicated in this document.

The User can address his complaint to the owner’s e-mail address indicated in this document, including a brief description and, if applicable, the details of the order, purchase or account concerned.

The Data Controller will process the request without undue delay and within 30 days of its receipt.

Dispute resolution platform with Consumers

The European Commission has introduced an online platform for alternative dispute resolution which favors the out-of-court settlement of disputes relating to and arising from online sales and service contracts.

Therefore, every European Consumer can use this platform to resolve any dispute arising from contracts concluded online. The platform is available here .