GIVEN THAT
This website www.spirlife.com and any Spirlife mobile application (hereinafter, the "Website") are owned by Spirlife SRL Via Caldera, 21 - 20153 Milan (MI), and is dedicated to the retail sale of frozen food. The Website allows Users (as defined below) to:
view the Products (as defined below), such as food, drinks and non-food products that can be purchased through the Website;
select the Products they intend to purchase, available for purchase;
use the home delivery service for the Products;
pay the amount due to Spirlife for the purchase of the selected Products, according to the Service (as defined below) chosen.
THE COMPANY, IN THE CONTEXT OF ITS POLICY OF FAIRNESS AND TRANSPARENCY, INVITES EACH USER OF THE Website (HEREIN, THE "USER"), BEFORE STARTING NAVIGATION OF THE Website, TO CAREFULLY READ THESE TERMS AND CONDITIONS ( "T&C") THAT GOVERN THE SERVICES OFFERED THROUGH THE Website.
IF YOU DO NOT INTEND TO ACCEPT THESE T&C AND / OR ANY OTHER NOTICE, LEGAL NOTICE, DISCLOSURE OR STATEMENT OF LIMITATION OF LIABILITY PUBLISHED ON THE Website, WE PLEASE DO NOT USE THE Website, NOR THE RELATED SERVICES.
1. TERMS AND CONDITIONS OF USE
These T & Cs define and regulate the general conditions of use of the Website and the Services provided to the User by Spirlife, as identified above, in the person of the legal representative (the "Company" or "Spirlife").
The use of the Website by each User, regardless of whether he is a Visitor User, a Registered User or a Customer (as defined below), is subject to the terms and conditions set out in these T & Cs, including in the event that the User does not use any of the Services or features available on the Website.
For the purposes of this contract, the term "T&C" indicates the set of general rules for the use of the Website and the Services as well as the particular conditions governing the use of the individual Services, including any document referred to by it or any other note , legal notice, information or disclaimer published on the Website. The privacy policy (the "Privacy Policy"), the "Customer Service" section and any additional conditions listed in the various sections of the Website are to be considered an integral and substantial part of these T & Cs.
In these T & Cs, in addition to the terms defined elsewhere, the terms listed below will have the meanings attributed alongside each of them. In particular:
Customer - means individually or collectively any Registered User who purchases on this site.
Products - products sold through the Website to Customers.
Service - means individually or collectively any service and all the functions associated with it offered on the Website both free of charge and for a fee and offered directly by the Company or by third parties with our contribution. The term "Service" includes, in the absence of specifications, the Website and all services, including paid services, functions, and features that are offered within the Website and which are in any case made available to Users.
Website - means the website accessible at www.spirlife.com, but also all internet addresses (eg URLs, domain names and pages) and / or the relative application software for the use of the Services that the Company controls or manages and which are used to offer or provide the Services as well as all mirrors, replacements and backups and all web pages that the sites include. For clarity, it is specified that any reference to the "Website" contained in these T&C includes all current or future versions of the website www.spirlife.com, as well as any mobile application through which the site or the Spirlife Services are accessed. and this regardless of whether, in either case, access occurs through a currently existing platform or device or through a future platform or device (including, but not limited to, any site mobile, mobile application, affiliate or related site intended to provide access to the Spirlife site or services that may have developed over time).
Company - means Spirlife, as identified above.
User - collectively means the Visitor User or Registered User and in any case anyone who uses or is about to use or enjoy the Services and / or the Website.
Visitor User - means the user who browses the Website and / or uses the features and / or Services made available to the generality of Users without registering on the Website.
Registered User - means the user who signs up by providing personal information to gain access to use the Service accessible only after registering (as defined below) on the Website.
2. CHANGE OF T&C
The Company reserves the right, as indicated below, to update, integrate and modify in whole or in part the terms of these T&C and each of the documents referred to by them, including the Privacy Policy, the Services and their respective characteristics, as well as , by way of example and not limited to, the fees for the use of the Services published therein.
The User undertakes to periodically review the T & Cs, it being understood that the Company will do everything reasonably necessary and appropriate to inform the User, through the Website itself, of any changes in the T & Cs and / or Services. .
Changes to the T & Cs and / or related Services will be effective from the time of publication on the Website and will apply only to sales concluded subsequently.
The Company will inform Users of changes to these T&C or to the functionality / limitations of the Services and / or their costs by publishing them on the Website and, for Registered Users, by means of a specific communication sent to the e-mail address of the User indicated when registering on the Website and / or subsequently.
Changes and updates will be deemed accepted by Users by connecting to the Website or using the Website after the time the change has been published on the Website itself.
If the User does not agree with the changes made, he is invited not to use the Website and, in the case of a Registered User, he can proceed with the cancellation of his account, by accessing the "Profile" section of the Website, by clicking on "Account" and then on "Delete Account".
3. AGE AND RESIDENCE
The Website and the Services offered are intended exclusively for Users residing in the Italian territory who have reached the age of 18 (eighteen) years of age. The Service is provided automatically by computerized systems.
The User who intends to register or subscribe to the Service by proceeding with the Registration and subsequently selecting the Services guarantees that he is of age, and that the personal data provided are true, correct, updated, referring to the person who inserts them or entered with the consent of the third party. , assuming all responsibility for the correctness and truthfulness of the information provided. Should there be any changes in the data provided by the Users, it will be the responsibility of the latter to inform the Company of the updates as soon as possible.
4. REGISTRATION TO THE WEBSITE
The navigation of certain sections of the Website and the use of the Service offered within the Website are also accessible free of charge by Visitor Users.
The Company reserves the right to allow, even if only temporarily, Visitor Users the use of the Service and access to certain areas normally reserved for Registered Users.
For the purposes of full and complete use of the Service offered by the Website, registration on the Website is required.
4.1. How to register on the Website
In order to use the Services, the User is required to register by providing some personal information (hereinafter, the "Registration"), indicating a valid personal e-mail address and creating his own personal account (hereinafter, the " Profile "), following the relevant registration procedure illustrated from time to time at the time of Registration, to allow the Company to have a purchase profile sufficient to provide the Services. The creation and / or use of further Profiles attributable to the family unit of already registered Users is not permitted.
Access to the Site is permitted only by using a username and password.
The Registered User may at any time access their Profile to update or modify the data entered, including information relating to their preferences. It is understood that the Registered User will be solely responsible for the truthfulness and updating of such information.
In the event that the User does not complete the Registration or authentication procedure after providing the e-mail address and / or other data required for Registration, the User may receive a limited number of communications that will invite him to complete the registration process and describe the service for which the registration procedure was initiated, without prejudice to the User's right to delete their data and delete their Profile from the Website by writing to info@spirlife.com with the subject "Request of cancellation ".
4.2. E-mail
The Registered User undertakes to provide a personal e-mail address, which he guarantees to have legitimately and to which he regularly accesses. The Registered User also undertakes to promptly update their e-mail address registered on the Profile in the event of a change. Profiles registered with the e-mail address belonging to subjects other than the Registered User or with temporary e-mail addresses may be deleted by Spirlife without notice. Spirlife also reserves the right to validate individual accounts where Spirlife has reason to believe that the email addresses provided are invalid.
4.3. Deletion of the Profile
At any time, Registered Users can request the cancellation of their Profile by sending an email to info@spirlife.com.
5. PRODUCTS
5.1. Offer to the public
All Products and prices indicated in the Services constitute an offer to the public with the limitations and methods contained in the Website itself and in these T & Cs.
5.2. Graphic layout
The illustrative photographs of the Products have a purely representative function and have the sole purpose of presenting the Products. Consequently, the Company declines all responsibility and does not provide any guarantee with reference to the correspondence of the graphics of the Products published on the Website and that of the Products delivered.
5.3. Products per pack
In the event that the Products purchased through the Services include one or more of these products per package, the Company will only apply the price calculated at the time of the order, without any consideration of price increases or decreases, including for promotions, which may have occurred subsequently. or previously concluded.
5.4. Prices
All prices include VAT. The cost of delivery and service management is included in the price of the Products unless expressly indicated.
6. THE SERVICES
The Service offered by Spirlife to Registered Users is a service that allows you to:
view the Products that can be purchased through the Website;
select the Products that the User intends to order and purchase;
pay the amount due to the Company for the purchase of the Products offered on the Website;
use the Product delivery service to the delivery address indicated by the User.
7. DELIVERY OF PRODUCTS
7.1. Delivery methods
The Company will arrange for the delivery of the Products to the address indicated by the Customer. The delivery service is guaranteed only for homes that can be reached with the means provided to the Company, in the presence of homes that can only be reached via dirt roads, prior notification to the Company is required, which reserves the right to accept the order.
7.2. Complaints
For any anomalies found on the Products, other than those due to the physiological deterioration of food products or the mere imperfection of the packaging, the User may contact the Company at the e-mail address info@spirlife.com or through the "Customer Service "Of the Website and specifying the defects found and documenting it with photographic material.
7.3. Delivery failure
The Customer acknowledges and accepts that in case of impossibility of delivery of the Products due to his (or the person in charge of receiving the shopping) non-presence at the time of delivery on the day and in the agreed time slot, the Products will not be canceled from the order and the relative amount will not be re-credited to the Customer.
7.4. Responsibility
The Company undertakes to execute the Services in good faith and to fulfill, or ensure that they are fulfilled, with the utmost diligence, all the obligations established therein in the spirit of solidarity and self-organization that characterizes and must characterize all activities and services offered and used by Users through the Website.
The Company will not be responsible for any delays occurring during transport.
8. RIGHT OF WITHDRAWAL
8.1. Cases of exclusion of the right of withdrawal
Pursuant to art. 59, paragraph 1, lett. d) and e) of Legislative Decree 6 September 2005, n. 206 (Consumer Code), the right of withdrawal is excluded in relation to:
Assets that are likely to deteriorate or expire rapidly; And
Sealed goods which cannot be returned for hygienic reasons or related to health protection and which have been opened after delivery.
With reference to the cases of exclusion of the right of withdrawal listed above, the Customer, in particular, is informed and accepts that the Products that "risk deteriorating or expire rapidly" include all food products, as the characteristics and qualities of these types of products are subject to alteration also as a result of inappropriate storage. Therefore, for reasons of hygiene and the protection of Users, the right of withdrawal is only applicable for Products purchased on the Website that can be returned to Spirlife, intact in their respective seal, and put back on the market without endangering the health of consumers.
9. USER OBLIGATIONS
The User undertakes not to use the Website and / or related Services for illegal purposes or for purposes not covered by these T&C. The User may not use the Website or related Services in order to damage or otherwise prejudice the Website or interfere with the use and enjoyment of the Website of related Services by other Users.
The Registered User is required to keep the access credentials to his Profile confidential and is responsible for any use of the Website that is made by anyone who accesses using her credentials. The Registered User undertakes in any case to (i) not use machines, algorithms, software or other automatic functions to generate the recall of pages or materials, (ii) not to generate page references, through "chains of St. Anthony" , e-mail or other means, through which a person or group of people is requested to consult a page and (iii) notify the Company immediately in the event of a suspected breach of the security of their Profile.
10. LIMITATION OF LIABILITY
The Company undertakes to implement the rules relating to the cold chain and in general the quality standards relating to the Products only up to the time of delivery at the place indicated by the Customer; any liability relating to the poor condition of the Products due to improper storage after delivery or at other delivery points authorized by the Customer is excluded.
The Company declines all responsibility for information, data and any technical or other inaccuracies that may be contained on the Website.
Any disputes relating to the execution of the Service may be raised, under penalty of forfeiture, within 48 (forty-eight) hours following delivery by writing to info@spirlife.com or through the "Customer Service" section, also documenting the dispute with photographic material.
The Company will not be liable for any damages deriving from the inaccessibility to the Services deriving from problems connected to the network, to the providers or to telephone and / or telematic connections over which it has no control, to the failure and / or faulty functioning of the electronic equipment of the 'User or the Company's suppliers.
The Company assumes no responsibility for content created or published on third party sites with which the Website has a hypertext link ("link"). The User who decides to visit a website connected to the Website does so at his own risk, assuming the burden of taking all necessary measures against viruses or other malware.
11. RESOLUTION. TERMINATION OF SERVICES
The Company reserves the right to cancel the Profile and / or not to allow the User to access and use the Website and the Services or part thereof, at any time and with immediate effect, in the event of violation by of the User's obligations under the previous Articles 4.1 (How to register on the Website), 7.3. (Methods of payment), 8.4 (Methods of payment) and 12 (Obligations of the User). With regard to these Users, Spirlife is authorized without prior notice to cancel the orders placed and not yet delivered.
Access to the Website may also be temporarily interrupted in the event of technical problems or to ensure its maintenance. Such interruptions will be communicated if possible on the Website.
At any time, the Company may make improvements and / or changes to the Website and the Services if this is necessary for technical reasons or in order to comply with current legislation.
The Company also reserves the right to cease, in whole or in part, the provision of the Services at any time and with reasonable notice, allowing the delivery of confirmed orders. In such cases, the Company will promptly notify Registered Users and Customers and / or Users in general, via e-mail and / or by means of a notice on the Website.
12. ADDITIONAL INFORMATION. SUSPENSION OF SERVICES
The Company reserves the right to request additional information from the Customer or to send copies of documents demonstrating ownership of the payment instruments used.
The Company reserves the right not to accept the purchase order and / or to terminate with immediate effect the obligations arising from these T & Cs in accordance with the provisions of Article 14 above (Termination. Termination of Services) in the event that the Customer does not provide information and / or copies of documents demonstrating ownership of the payment instruments used.
In no case can the Company be held responsible for any fraudulent use of credit cards by third parties when paying for Products purchased on the Website.
13. PRIVACY POLICY
The Company will process the Users' personal data in compliance with the privacy legislation as defined in detail in the information on the processing of personal data, Privacy Policy, available in the respective section of the Website.