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Copyright©2021 Walmart – VAT number 04137730273
Terms and Conditions
Effective July 1, 2021
GIVEN THAT
This website http://Valmart.webfun.cf/ and any Valmart mobile application (hereinafter referred to as the "Website/App") are the property of Valmart with its registered office in Padua, via Venice 59/9, code Tax and p. VAT
registered in the commercial register of Padova under the number REA MI – 1945415 and is engaged in retail trade in food and non-food products. The Website/App is designed, created and operated by Valmart and allows Users (as defined below) to:
review Products (as defined below) such as food, beverages and non-food items that are available for purchase through the Website/App;
select the Products they intend to purchase that are available for purchase either from time to time (One-Time Purchase Service) or by subscription (Subscription Service);
use the home delivery service of Goods;
pay the amount due to Valmart for the purchase of selected Products in accordance with the selected Service (as defined below).
THE COMPANY, AS PART OF ITS POLICY OF CORRECTNESS AND TRANSPARENCY, INVITES EACH USER OF THE WEBSITE/APPLICATION (“USER”) TO READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE NAVIGATING THE WEBSITE/APPLICATION IYA (“PIP”), SERVICES OFFERED VIA THE WEBSITE/APP.
It is clarified that these Conditions apply to consumers who act for purposes unrelated to any business, commercial, craft or professional activity carried out as defined in accordance with Article 3, paragraph 1, letter (a) of the Consumer Code (“Retail Customer”), as well as users who make purchases for business reasons solely related to the conduct of their business (“B2B Customer”). The Private Client and the B2B Client are collectively referred to as the “User”.
IF YOU DO NOT INTEND TO ACCEPT THESE TERMS AND/OR ANY OTHER NOTICES, LEGAL NOTICES, INFORMATION OR LIMITATIONS OF LIABILITY STATEMENTS PUBLISHED ON THE WEBSITE/APP, WE SUGGEST YOU DO NOT USE THE WEBSITE/APP OR HIS SERVICES.
It is clarified that cases in which these Terms apply exclusively to the Private Client will be clearly indicated in the text.
1. TERMS OF USE
These Terms define and govern the general terms and conditions of use of the Website/App and Services provided to the User by Valmart, as specified above, through its temporary legal representative (“Company” or “Valmart”).
Each User's use of the Website/App, whether a Visiting User, a Registered User, or a Customer (as defined below), is subject to the terms and conditions set forth in these Terms, even if the User does not use any Services or features , available on the Website/App.
For the purposes of this agreement, the term “Terms” means the set of general rules for the use of the Website/App and Services, as well as the specific terms and conditions governing the use of individual Services, including any documents referred to herein or any other notices, legal notices, information or disclaimer published on the Website/App. The Privacy Policy (“Privacy Policy”), the “Help” section and any additional terms listed in various sections of the Website/App are considered an integral and material part of these Terms.
In these Terms, in addition to terms defined elsewhere, the terms listed below will have the meaning set forth next to each. In particular:
Customer means, individually or collectively, any Registered User who activates the Subscription Service (as defined below) or the Unified Shopping Service under the terms and conditions set forth in these Terms.
Subscription Charge Customer means the Registered User who activates the Subscription Service (as defined below) under the terms and conditions set forth in these Terms.
Single Shopping Customer means a Registered User who activates the Single Shopping Service (as defined below) under the terms and conditions set forth in these Terms.
Products – products sold to Clients through the Website/App.
Manufacturers are companies, artisans, agricultural producers or consortia whose products (as defined below) are sold through the Website/App to Customers.
Service - individually or collectively means any service and all related functions offered on the Website/App for free or for a fee and offered directly by the Company or by third parties with our participation. The term “Service” includes, unless otherwise specified, the Website/App and all services, including paid ones, functions and features that are offered on the Website/App and which are in any case available to Users.
Website/Application - means the website accessible at www.Valmart.it, as well as all Internet addresses (such as URLs, domain names and pages) and/or related application software for the use of the Services, which 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 include the Sites. For clarity, any reference to "Website/App" contained in these Terms includes all current or future versions of the www.Valmart.it website, as well as any mobile application through which you access site or Valmart Services, and this regardless of whether in any case accessed through a currently existing platform or device or through a future platform or device (including, by way of example, but not limited to any mobile site, mobile application, affiliate program ). or a linked site designed to provide access to the Valmart Site or services that may be developed over time).
Company means Valmart as defined above.
Minimum spend – means a minimum threshold of €30.00 that must be reached per delivery to complete purchases on the Website/App. This threshold is calculated based on the total value of the products in the cart.
Transporter – means a transport company or freelancer authorized to deliver the Products to the User.
User – collectively means Visitor User or Registered User and in any case anyone who uses or intends to use or enjoy the Services and/or Website/App.
Visitor User – any user who browses the Website/App and/or uses features and/or Services available to all Users without registering on the Website/App.
Registered User - means any User who registers by providing personal information to gain access to use the Service, which is only available upon Registration (as defined below) on the Website/App. In particular, the B2B client must register with their VAT number. In any case, the User must provide a valid email address and generally follow the illustrated registration procedure from time to time.
2. CHANGE IN CONDITIONS
The Company reserves the right, as set forth below, to update, integrate and change, in whole or in part, the terms of these Terms and each of the documents referred to herein, including the Privacy Policy, the Services and their respective characteristics, and, by way of example and without limitation, fees for using the Services published there.
The User undertakes to review the Terms periodically without prejudice to the fact that the Company will do everything reasonably necessary and appropriate to bring to the attention of the User through the Website/App itself any changes to the Terms and/or Services.
Changes to the Terms and/or related Services will be effective upon posting on the Website/App and will only apply to sales concluded thereafter.
The Company will inform Users about changes to these Terms or the functionality/limitations of the Services and/or their costs by posting on the Website/App and, for Registered Users, by means of a special message sent to their email address. The user specified during registration on the Site/App and/or subsequently.
Changes and updates will be deemed accepted by Users when connecting to the Website/App or using the Website/App after the change is posted on the Website/App itself.
If the User does not agree to the changes made, he/she is asked not to use the Website/App and, if he/she is a Registered User, he/she can proceed to delete his/her account by going to “Profile”. ” on the website/app by clicking “Account” and then “Delete Account”.
3. AGE AND RESIDENCE
The website/application and the services offered are intended exclusively for private client users residing in Italy, who are at least 18 (eighteen) years of age, as well as B2B clients with a registered office in Italy who meet the requirements specified in the registration procedure. The service is provided automatically by computerized systems.
The User who intends to register or subscribe to the Service, by registering and subsequently selecting the Services, warrants that (1) he or she is of legal age and that the personal data provided is true, correct, updated and relates to the individual. who is included in them or entered with the consent of a third party in the case of a Private Client and (2) is the owner of the VAT number specified at registration, to carry out the activities specified at registration and that the company information provided is true, correct and updated in the case of a client B2B. The user assumes full responsibility for the correctness and veracity of the information provided. In case of any changes in the data provided by Users, they are obliged to inform the Company about the updates as soon as possible.
4. REGISTRATION ON THE SITE/APPLICATION
Browsing certain sections of the Website/App and using the Service offered on the Website/App is also available to Visiting Users free of charge.
The Company reserves the right to allow Visiting Users, even temporarily, to use the Service and access certain areas normally reserved for Registered Users.
For the purpose of full and complete use of the Service offered by the Website/App, registration on the Website/App is required.
4.1. How to register on the site/app
To use the Services, the User must register by providing certain personal information (“Registration”), providing a valid personal email address, and creating a personal account (“Profile”). ), following the appropriate registration procedure explained from time to time at the time of Registration to enable the Company to have a purchase profile sufficient to provide the Services. The creation and/or use of additional Profiles related to the family unit of already registered Users is not permitted.
A Profile is associated with each Registered User for the purposes of selling and purchasing Products and therefore cannot be used on behalf of other individuals or entities, nor can multiple Profiles be created for the same Registered User.
Access to the Site is permitted only through the use of a username and password or through tools such as “Social Login”.
A registered user can access his Profile at any time to update or change the data entered, including information regarding his preferences. It is understood that the Registered User will be solely responsible for the accuracy and updating of such information.
In the event that the User does not complete the Registration or authentication procedure after providing the email address and/or other data required for Registration, the User may receive a limited number of messages inviting them to complete the registration process and describe the service for which the registration procedure has been initiated, without prejudice for the User's right to delete his data and his Profile from the Site/App by writing to [email protected] with the subject “Deletion Request”.
The Company also reserves the right to verify, directly or through third parties, the Profiles of Registered Users, as well as the accuracy of the information provided, if they do not comply with the requirements set out in this Article 4.1, or if there are grounds. believe that the information reported is false, without prejudice to the provisions of Article 14 below.
4.2. Email
The registered user undertakes to provide a personal email address, which he/she guarantees legal ownership and which he/she accesses regularly. The Registered User also undertakes to promptly update his email address registered in the Profile if it changes. Profiles registered with an email address belonging to entities other than the Registered User or with temporary email addresses may be deleted by Valmart without prior notice. Valmart also reserves the right to review individual accounts if Valmart has reason to believe that the email addresses provided are not valid.
4.3. Deleting a profile
Registered users can delete their profile at any time by visiting the "Profile" section of the website/app, clicking on "Account" and then "Delete Account".
5. PRODUCTS
5.1. Offered to the public
All Products and prices listed on the Services constitute a public offering subject to the restrictions and practices set forth in the Website/App itself and in these Terms.
5.2. Graphic design
Illustrative photographs of the Products are representative only and are intended solely to demonstrate the Products. Consequently, the Company disclaims all liability and makes no warranty regarding the adequacy of the graphic design of the Products published on the Website/App and the graphic design of the Products delivered.
5.3. Variable Weight Products
Variable weight products (such as fruits, vegetables, meats, fish, deli items and cheeses) are offered on the Website/App in guaranteed minimum sizes and weights.
In the event that the Products purchased include one or more such variable weight products, the Company will apply solely the price calculated at the time of order, without regard to price increases or decreases that may subsequently occur or have previously been negotiated.
5.4. Products in packaging
In the event that Products purchased through the Services include one or more such packaged products, the Company will apply solely the price calculated at the time of order, without regard to price increases or decreases, even for promotions that may arise. concluded subsequently or previously.
5.5. Prices
All prices include VAT. Delivery and service management costs are not included in the price of the Products unless expressly stated.
6. SERVICES
The service offered by Valmart to registered users is a service that allows you to:
review the Products that can be purchased through the Website/App;
select the Products that the User intends to order and purchase;
choose one of two different methods of providing the Service:
one-time purchase of Products in accordance with your needs and requirements (“Single Purchase Service”),
continuous, i.e. activate a subscription to periodically receive Products in accordance with one of the proposed subscription formulas at your home or at another specified address (“Subscription Service”);
pay the amount due to the Company for the purchase of Products offered on the Website/App;
use the service of delivery of the Goods to the delivery address specified by the User.
7. SINGLE COST SERVICE
Once a Registered User registers on the Website/App, the Registered User will be entitled to purchase Products using the One-Stop Purchasing Service and thereby make individual purchases by selecting the Products he intends to obtain from time to time.
If a Registered User elects to use the Unified Shopping Service, the Registered User will be subject to the special provisions set forth in this Section 7 (Unified Shopping Service).
7.1. Purchasing products
A registered user, by connecting to the website/app, will be able to select a reference city and a selected date for delivery of purchases, as well as view all the products available for purchase, selecting those that interest you and adding them to the list. cart.
Once the minimum spend has been reached and the one-time spend has been completed, the registered user will be able to:
check the Products added to the cart, their relative purchase price and the total cost of one purchase;
Confirm shipping and billing information;
select a delivery time from the available ones;
select a payment method from the available ones;
enter any coupon codes where applicable;
Place your order by clicking “Pay by credit card” or “Pay via Paypal” depending on the chosen payment method. In the event of a subsequent failure in the payment process, the purchase order will be invalid and will be canceled immediately.
In addition, the Single Buyer will have the right to integrate confirmed orders with additional products, creating new orders, until 21:00 on the day before delivery.
7.2 Acceptance of purchase order
The Company's acceptance of a purchase order will result in immediate debiting of the charges in accordance with the selected payment method.
Upon acceptance of an order, the Customer making a one-time purchase will receive a purchase confirmation by email clearly indicating a brief description of the products ordered and the corresponding prices, delivery date and time slot, as well as the applicable general and special conditions for ordering.
7.3. Conditions of payment
Credit card
To ensure maximum security, the Single Expense Customer will complete the payment transaction directly on the payment system provider's secure server. Credit card payment data is processed directly by the payment system provider, as stated in the Privacy Policy.
PayPal
To ensure maximum security, Customers making one-time purchases will be redirected to the PayPal site where they can pay using Paypal's accepted payment methods and terms and conditions.
ATTENTION
After placing a purchase order, Single Buyer:
a) guarantees the availability of the amount necessary to pay for the Goods ordered through the Unified Purchasing Service;
b) may determine whether to expressly permit the Company or its authorized third parties to store credit card or Paypal account identification information on their systems in order to authorize any subsequent charges by the Company and therefore permit the Individual Buyer to repurchase the Website/ application with simplified methods.
7.4. Billing
If the purchase is made by a professional or company other than the B2B client, it will be possible to request an invoice by selecting the appropriate field during the ordering procedure and entering payment details including tax code and/or VAT number. The Flat Charge Customer is responsible for entering their payment details correctly and is expressly advised that if they are unable to request an invoice at the order stage, they will not be able to request it subsequently.
Public administrations or companies subject to separate payment (for example, public companies or companies included in the FTSE MIB index) must contact Valmart customer service before placing an order on the website/app. With respect to these matters, Valmart has the right to cancel orders placed without prior notice.
ATTENTION
By completing a purchase order, Single Expense Customer expressly authorizes the Company to post the purchase receipt/invoice in their personal profile (My Expenses section) where it will be available for download in PDF format.
8. SUBSCRIPTION
Upon successful registration of the Registered User on the Site/App, the Registered User will be eligible to purchase Products using the Subscription Service, thereby availing the opportunity to receive food products every week or every two or four weeks. Seasonal.
If a Registered User elects to use the Subscription Service, the Registered User will be subject to the special provisions set forth in this Article 8 (Subscription Service).
8.1. Activation, frequency change, suspension and deactivation of subscription service
8.1.1 Activation of the subscription service
In order to activate the Subscription Service, the Registered User must access the dedicated section of the Website/App and select one or more subscription boxes and the appropriate delivery frequency and size from those available. Upon actual purchase of at least one subscription box, the Registered User assumes the role of Customer paying for the subscription costs.
Company's acceptance of activation of the Subscription Service shall constitute authorization to periodically charge the cost associated with the selected subscription boxes, in addition to the payment instrument delivery charges if the "Premium" shipping method has been selected. .
8.1.2. Changing the frequency of subscription services
The Subscription Spending Customer has access to the Manage Subscription section where they can change the frequency they receive each subscription box from the available frequency options (e.g. weekly/bi-weekly/four-weekly).
8.1.3. Suspension of subscription service
Customer incurring subscription charges has the right to suspend the Subscription Service at any time and at no additional cost. In the event that the Customer paying for the subscription intends to suspend the provision of the subscription service for a certain period without proceeding with its complete deactivation, he must access his Profile, enter the "Manage Subscription" section and select "Skip Delivery" or indicate the day on which you would like to receive the next delivery.
The suspension will take effect immediately, even if any already confirmed purchase orders are delivered.
8.1.4 Deactivation of the subscription service
Subscription Customer has the right to completely deactivate the Subscription Service at any time and at no additional cost. If a Customer using a subscription intends to deactivate the Subscription Service, they must access their Profiles, go to the “Manage Subscription” section and select “Delete Subscription”.
Cancellation of a Subscription Service by a Subscription Customer will be effective immediately, even if any already confirmed purchase orders are delivered.
The Company also reserves the right to cancel all or part of the Subscription Services at any time and with sufficient notice to allow delivery of already confirmed orders. In such cases, the Company will promptly notify the Subscription Charge Customer via email and/or through a notice on the Website/App.
8.2. Subscription purchase order
A subscription expense customer has two different procedures for creating a single subscription purchase order:
Manual Order: This is the method by which the Customer paying for the subscription completes the purchase order through the website/app procedure before 18:00 on the day before the delivery scheduled in the relevant subscription.
Automatic Order: This is a method whereby the purchase order is filled automatically at 6:00 pm the day before the scheduled delivery, only if the Subscription Customer has not manually placed an order for a specific scheduled delivery.
8.2.1. Manual purchase order for a subscription
For each delivery of individual subscription boxes via manual ordering, the Subscription Customer will have the right to add Products and replace a maximum of four Products of the subscription box being offered, reaching a total value equal to at least the value of the total amount of the subscription being offered. To complete the replacement, the Subscription Customer must place the order manually by 6:00 pm the day before the scheduled delivery. Such substitutions and/or additions will not apply to subsequent shipments of subscription boxes.
Once the Minimum Spend has been reached and the one-time spend has been completed, the Subscription Spending Customer will be able to:
check the Products added to the cart, their relative purchase price and the total cost of one purchase;
Confirm shipping and billing information;
select a delivery time from the available ones;
select a payment method from the available ones;
enter any coupon codes where applicable;
Place your order by clicking “Pay by credit card” or “Pay via Paypal” depending on the chosen payment method. In the event of a subsequent failure in the payment process, the purchase order will be invalid and will be canceled immediately.
In addition, the Customer paying for the subscription will have the right to integrate confirmed orders with additional products, creating new orders, until 21:00 on the day before delivery.
8.2.2. Automatic subscription purchase order
Only if the Subscription Customer has not manually placed an order for a specific scheduled delivery, an automatic order will be placed at 18:00 on the day before delivery, confirming the purchase of the box offered by the Company for his subscription.
This purchase order will only take effect if (i) the price of the home reaches the minimum spend amount and (ii) payment is successful.
In addition, the Customer paying for the subscription will have the right to integrate confirmed orders with additional products by manually creating new orders until 21:00 on the same day. Such add-ons will not apply to subsequent shipments of subscription boxes.
8.3. Accepting an order to purchase a subscription
The Company's acceptance of a purchase order will result in immediate debiting of the charges in accordance with the selected payment method.
Upon acceptance of the order, the Customer paying for the subscription will receive a purchase confirmation by email clearly indicating a summary of the Products ordered and the corresponding prices, delivery date and time slot, and the general and specific terms and conditions applicable to the order itself.
8.4. Conditions of payment
Credit card
To ensure maximum security, the Customer paying for the subscription will complete the payment transaction directly on the secure server of the payment system provider. Credit card payment data is processed directly by the payment system provider, as stated in the Privacy Policy.
PayPal
To ensure maximum security, Customer paying for a Subscription will be redirected to the PayPal website where they can pay using Paypal's accepted payment methods and terms and conditions.
ATTENTION
When connecting a subscription service, the Customer's subscription costs are:
guarantees the availability of the amount necessary to pay for the Product ordered through the Subscription Service;
If failure to update appropriate payment information determines that you cannot continue to pay for the Subscription Services, Valmart will have the right to suspend and/or deactivate the Subscription Services.
expressly authorizes the Company or its authorized third parties to store credit card or Paypal account identification information on its systems in order to authorize any subsequent payments to the Company and therefore enable the Registered User to make repeat purchases on the Website/App in a simplified manner and/or even without the active intervention of the Registered User.
8.5. Billing
If the purchase is made by a professional or company other than the B2B client, it will be possible to request an invoice by selecting the appropriate field during the ordering procedure and entering payment details including tax code and/or VAT number. The customer paying for the subscription is responsible for entering the payment details correctly and is expressly informed that if they are unable to request an invoice at the order stage, they will not be able to request it subsequently.
Public administrations or companies subject to separate payment (for example, public companies or companies included in the FTSE MIB index) must contact Valmart customer service before placing an order on the website/app. With respect to these matters, Valmart has the right to cancel orders placed without prior notice.
ATTENTION
By completing a purchase order, the Subscription Spending Customer expressly authorizes the Company to post the purchase receipt/invoice in their personal profile (My Expenses section) where it will be available for download in PDF format.
9. GIFT COUPONS
A gift certificate is a virtual card with a franchise. It can be used to purchase Products exclusively on the Valmart website/app.
The amount is scalable and therefore can be used for multiple purchases until the value of the content is completely exhausted or the purchase is partially paid for and the resulting balance can be used for future purchases. The balance does not entitle you to a refund for the amount contained and cannot be exchanged for cash.
Gift Certificates cannot be replenished and must be used within 12 months of the date of purchase. The remaining value of a gift certificate can be checked at any time on the website/app by viewing the “Credit” item in both the “Cart” and “Checkout”.
The gift certificate is tied to your Profile and cannot be used or transferred for purchases on a third party account.
If the code is lost, the voucher cannot be blocked or replaced and Valmart is not responsible for any misuse or unauthorized use.
The issue of a voucher does not involve any expectation of delivery of the goods to which the voucher entitles and is not relevant for VAT purposes and therefore does not result in the issuance of any invoices by the Company. VAT relevance and associated invoicing obligations take into account the use of vouchers in relation to specific purchases of goods.
10. DELIVERY OF PRODUCTS
10.1. Delivery methods
The Company will arrange delivery of the Products to the address specified by the Client using selected professional carriers. Delivery service is only guaranteed for homes that can be reached by vehicles supplied to the Company's suppliers. For homes that can only be reached by dirt roads, prior notification is required to the Company, which reserves the right to accept the order. .
The Company delivers Products only to the authorized areas specified in the Frequently Asked Questions section. The goods will be delivered on the days and times chosen by the Customer. Delivery without the presence of the Customer is carried out at the discretion of the Company.
10.2. Complaints
In the event of any anomalies found in the Products, other than those related to physiological deterioration of the food or simple packaging imperfections, the User may contact the Company by email at [email protected] or via the "Contact Us" button. » section of the Site/App, indicating the detected defects and documenting them with photographic materials.
10.3. Delivery failed
The Buyer acknowledges and accepts that in the event that the Product cannot be delivered due to the failure of the Buyer (or the person responsible for receiving the Purchase) to appear at the time of delivery on the day and within the agreed time slot, the Product will not be canceled by the order and the corresponding amount will not be refunded to the Customer.
10.4. Responsibility
The Company undertakes to provide the Services in good faith and to perform or ensure to be performed with the utmost diligence all obligations established by this Agreement, in the spirit of solidarity and self-organization that characterizes and should characterize all activities and services offered. and used by Users through the Website/App.
The company is not responsible for any delays encountered during transportation.
11. RIGHT OF REVIEW
11.1. Cases of exclusion of the right of withdrawal
According to Art. 59, paragraph 1, letter. d) and e) Legislative Decree of 6 September 2005, no. 206 (Consumer Code), the right of withdrawal is excluded in relation to:
Items purchased by a Non-Consumer Customer or a B2B Customer and/or who requests an invoice;
Products that are at risk of spoilage or rapid expiration; AND
Sealed products that cannot be returned for hygiene or health reasons and that have been opened after delivery.
With regard to the exceptions to the right of withdrawal listed above, the Customer is specifically advised and accepts that Products that "risk rapid deterioration or deterioration" include all food products, since the characteristics and qualities of these types of Products may also be damaged as a result of improper storage Therefore, for reasons of hygiene and protection of Users, the right of withdrawal only applies to Products purchased on the Website/App that can be returned to Valmart undamaged with the appropriate seal and returned to the market without danger to health. consumers. .
11.2 Exercise of the right of withdrawal
The client can exercise the right of withdrawal in accordance with Art. 52 ff. Legislative Decree 206/2005 for specific products other than those listed in the previous paragraph 11.1 and in cases other than those listed in the previous paragraph 11.1, provided that they have not been opened or sealed after delivery changed. .
In cases where the exercise of the right of withdrawal is permitted, the Client has the right to withdraw from the purchase and sale agreement for any reason, without the need to provide an explanation and without any penalties.
To exercise the right of withdrawal, the Customer must, within 14 days from the date of delivery of the Products, send Valmart a written communication by email to the following email address [email protected] with the subject “Exercise of the right”. output" and:
by attaching the download form here or;
clearly stating your desire to withdraw and providing the following additional information:
purchase order number and date;
purchase order delivery date;
name and address of the Customer;
indication of the Client's email and telephone number;
code of the product or products in respect of which you intend to exercise the right of withdrawal.
The right of withdrawal applies to the Product purchased as a whole; therefore, if the Product consists of several components or parts, the right of withdrawal cannot be exercised only with respect to the purchased part of the Product.
Upon receipt of the notification of the exercise of the right of withdrawal, Valmart will open the return management process and provide the User with instructions on how to return the Products, which will be through a courier designated by Valmart itself.
If the right of withdrawal is exercised, Valmart will refund to the User the full amount of returned Products within 14 days from the date of receipt of the recall notice, without prejudice to Valmart's right to withhold payment of the refund until actual receipt of the Products. Refunds will be made using the same payment method used by the User.
12. USER RESPONSIBILITIES
The User undertakes not to use the Website/Application and/or related Services for illegal purposes or not provided for in these Terms. The User shall not use the Website/App or its associated Services in a manner that may damage or otherwise impair the Website/App or interfere with the use of the Website/App and its associated Services by other Users.
The Registered User is required to maintain the confidentiality of his/her Profile access credentials and is responsible for any use of the Website/App by any person accessing using his/her credentials. The Registered User undertakes in any case (i) not to use machines, algorithms, software or other automatic functions to create page links or materials, (ii) not to create page links using chain letters, email or other means using which a person or group of people are asked to review the page and (iii) immediately notify the Company if they suspect a violation of the security of their Profile.
13. LIMITATIONS OF LIABILITY
The Company undertakes to comply with the rules regarding the cold chain (if necessary, for example for meat) and in general the quality standards relating to the Products, exclusively until delivery to the place specified by the Buyer; any liability arising from the poor condition of the Products due to improper storage after the point of delivery or at other delivery points authorized by the Customer is excluded.
The Company disclaims all responsibility for the information, data and any technical or other inaccuracies that may be contained on the Website/App.
The Company disclaims any responsibility for information provided/received directly from individual Manufacturers.
Any disputes related to the performance of the Service may be raised, under penalty of forfeiture, within 48 (forty-eight) hours after delivery to [email protected] or through the “Contact Us” section, documenting the dispute also with photographic materials. .
The Company is not responsible for any damage resulting from the unavailability of the Services as a result of problems related to the network, providers or telephone and/or telematic connections over which it has no control, as well as failure and/or malfunction of the User's or suppliers' electronic equipment Companies.
The Company is not responsible for content created or published on third party sites to which the Website/App is hyperlinked (“link”). The user who decides to visit a website linked to the Website/App does so at his own risk and accepts responsibility for taking all necessary precautions against viruses or other harmful programs.
The Registered User acknowledges and agrees that, sporadically, all Products specified in an order submitted and accepted by the Company may not be delivered. In such event, the Company will promptly refund amounts relating to Products ordered but not delivered and cannot be held liable for any further loss and/or damage incurred as a result of non-delivery.
For each order placed, Valmart will issue a special receipt or electronic invoice if explicitly requested as specified in clauses 7.4. or 8.5. The data provided by the Registered User at the time of order will be included in the relevant receipt/invoice without prejudice to the fact that no changes will be possible after the receipt/invoice itself has been issued.
14. TERMINATION. TERMINATION OF SERVICES
The Company reserves the right to delete the Profile and/or not allow the User to access and use the Website/App and Services or any part thereof at any time and with immediate effect in the event of violation by the User. obligations imposed on him in accordance with the previous articles 4.1 (Method of registration on the Site/App), 7.3. (Payment Method), 8.4 (Payment Method) and 12 (User Obligations). With respect to these Users, Valmart has the right to cancel orders placed but not yet delivered without prior notice.
Access to the Website/App may also be temporarily interrupted in the event of technical problems or for maintenance. Such interruptions will be reported, where possible, on the Website/App.
At any time, the Company may make improvements and/or changes to the Website/App and Services if necessary for technical reasons or to comply with applicable laws.
The Company also reserves the right to discontinue, in whole or in part, the provision of the Services at any time and with reasonable notice to allow confirmed orders to be delivered. In such cases, the Company will promptly notify Registered Users and Customers and/or Users in general by email and/or through a notice on the Website/App.
15. ADDITIONAL INFORMATION. SUSPENSION OF SERVICES
The Company reserves the right to request additional information from the Client or send copies of documents confirming ownership of the payment instruments used.
The Company reserves the right not to accept a purchase order and/or to immediately terminate the obligations arising from these Terms and Conditions, in accordance with the provisions of the previous Article 14 (Termination. Termination of Services) in the event that the Client fails to provide information and/or copies documents confirming ownership of the payment instruments used.
Under no circumstances shall the Company be held liable for any fraudulent use of credit cards by third parties in payment for Products purchased on the Website/App.
16. PRIVACY POLICY
The Company will process Users' personal data in accordance with privacy legislation, detailed in the information on the processing of personal data, the Privacy Policy, available in the relevant section of the Site/App.
17. APPLICABLE LAW. DISPUTES
17.1. Applicable right
These Terms are governed by and must be interpreted in accordance with Italian law.
Without prejudice to the case in which the law provided for by the Consumer Code is applicable, any disputes related to the interpretation and application or violation of these Terms and Conditions, including the documents referred to therein and other legal notices published on the Website/App and the General relationship between the Company and the Users of the Website/App will be submitted to the Milan Court.
These Terms, including the documents referred to herein and other legal notices published on the Website/App, and in general the relationship between the Company and Users of the Website/App are governed by Italian law and must be interpreted in accordance with it. .
17.2. Out-of-court reconciliation
In accordance with Article 49, paragraph 1, letter V of the Legislative Decree of September 6, 2005 no. 206 (Consumer code), Registered user. A private client may use the joint conciliation procedure (“Joint Conciliation”).
The procedure may be initiated if the Registered User or Retail Customer, after filing a complaint with Valmart, does not receive a response within 30 days or receives a response that he does not consider satisfactory.
Registered user. A private customer who decides to use the joint conciliation procedure is obliged to send a request to the address: [email protected] or fax number 02/87181126.
More information can be found at: http://www.consorzionetcomm.it/Spazio_Consumatori/Conciliazione-Paritetica/La-Conciliazione-Paritetica.kl.
In accordance with Article 14 of EU Regulation no. 524/2013, Registered User and Private Client can also use the “ODR Platform” (Online Dispute Resolution), which can be accessed by clicking on the following link: http://ec.europa.eu/odr.
17.3. Further controversy
Any disputes related to and related to the use of the Website/Application and the Services provided therein, which are not subject to resolution through the joint conciliation procedure referred to in paragraph 17.2, shall be subject to Italian jurisdiction and the compulsory and exclusive territorial jurisdiction of the Court of Milan.
Specific approval of the Terms and Conditions in accordance with and for the purposes of the Articles. 1341 and 1342 code. civil
In accordance with and for the purposes of the articles. 1341–1342 crack. Civil, the parties represent that they have read and understood, and therefore expressly approve, the following clauses: 2 (Modification of Terms), 4 (Website/App Registration), 5 (Products), 7 (One-stop shopping service), 8 (Subscription Service ), 9 (Gift Certificates), 10 (Product Delivery), 11 (Right of Refusal), 12 (User Responsibilities), 13 (Limitations of Liability) 14 (Termination. Termination of Services), 15 (Additional Information. Suspension of Services) and 17 (Applicable Law. Disputes).
Therefore, by issuing his final authorization for registration, the User fully and expressly, without any reservation, confirms the above-mentioned provisions stated in the previous paragraph.