Last updated on March 17, 2014.
“Il Re della Pasta” and / or its affiliates (“Il Re della Pasta” or hereafter defined as “we”) provide you with website functionalities, other products and services when you visit or purchase on Il Re della Pasta.it (the “website”) .You use “Il Re della Pasta” products or services, “Il Re della Pasta” apps for mobile devices or software provided by “Il Re della Pasta” in relation to any of the above activities (collectively, “Il Re della Pasta Services”). “Il Re della Pasta” provides “Il Re della Pasta” Services under the following terms and conditions (“General Conditions of Use and Sale”).
I) GENERAL CONDITIONS OF USE
II) GENERAL CONDITIONS OF SALE
I) GENERAL CONDITIONS OF USE
We invite you to carefully read these general conditions of use (“General Conditions of Use”) before using “Il Re della Pasta” Services. By using “Il Re della Pasta” Services you fully accept these General Conditions of Use. We offer a wide range of the“Il Re della Pasta” Services and at times you may be subject to additional terms and conditions. f you use “Il Re della Pasta” Service (i.e. Your Profile, Gift Vouchers or the Il Re della Pasta apps for mobile devices), you will also be subject to the terms, guidelines and general conditions applicable to the relevant “Il Re della Pasta” Service (“Service Terms”). In case of a conflict between these General Conditions of Use and the Service Terms , the Service Terms will prevail.
Notification and procedure form for reporting violations of rights.
When you use “Il Re della Pasta” Services or send us e-mails, you communicate with us electronically. We will communicate with you by email or by posting notices on the website. Without prejudice to the specific provisions of the law of a mandatory nature, for the purposes of this contract, you agree to receive communications from us in electronic form and acknowledge that all contracts, notifications, information and other communications that we provide you in electronic form meet the requirement of written form, where provided by law.
COPYRIGHT AND DATABASE RIGHTS
All contents present or made available through “Il Re della Pasta” Services in the form of texts, graphics, logos, icon buttons, images, audio files, digital download, data collection and softwares are the property of “Il Re della Pasta”, or of its content providers and are protected by the laws of Luxembourg and international laws on copyright and database rights. The list of all contents present or made available through “Il Re della Pasta” Services is the exclusive property of “Il Re della Pasta” and is protected by the laws of Luxembourg and international laws on copyright and bank data rights .
It is not allowed to systematically extract and / or reuse parts of “Il Re della Pasta” Services without the express written consent of “Il Re della Pasta”. In particular, it is not permitted to use data mining, robots or similar acquisition-extraction devices to mine (one or more times), to reuse any substantial part of any “Il Re della Pasta” Services, without our express written consent. You will also not be able to create and / or publish your own database which reproduces substantial parts (i.e.prices and product lists) of “Il Re della Pasta” Services without the express written consent of “Il Re della Pasta”.
If you use “Il Re della Pasta” Services, you are required to keep your account and password confidential and to control access to your computer, and accept, to the extent allowed under applicable legal provisions, to be held responsible for all activities which will be done through your account and password. You undertake to take all necessary precautions to ensure that your password remains secure and confidential and you undertake to notify us immediately in case you have reason to believe that any third-party knows your password, or in the event that your password is, or is presumably about to be, used in an unauthorized manner. .
You must not use “Il Re della Pasta” Services: (i) in such a way as to cause potential interruptions, damage or malfunctions to “Il Re della Pasta” Services and its functions, or (ii) for fraudulent purposes, or otherwise to commit illegal activities, or (iii) to cause annoyance, prejudice or apprehension.
In case of violation of the applicable legal provisions, of these General Conditions of Use and applicable guidelines or policies, we reserve the right to prevent access to “Il Re della Pasta” website and / or Services, to suspend or close an account, to remove or modify the contents of the website at our discretion.
INTELLECTUAL PROPERTY RIGHTS VIOLATIONS
“Il Re della Pasta” respects the intellectual property rights of third parties. If you believe that your intellectual property rights have been used in a way that could lead to possible infringement, please contact us.
THE ROLE OF “Il Re della Pasta”
“Il Re della Pasta” allows third-party vendors to sell their products on Il Re della Pasta.it. In the detail pages of each product it is indicated whether the product is sold by third parties. As the supplier of the e-commerce platform, “Il Re della Pasta” facilitates transactions on the website, but is not part of the sales contract for the goods sold by these third-party vendors. “Il Re della Pasta”, therefore, remains unrelated to the transaction, which occurs exclusively between the buyer and the vendor. “Il Re della Pasta” assumes no responsibility for the sales contract and its correct execution, and does not operate in any way as an agent of the vendor. The vendor is solely responsible for the sale of the products and for the management of disputes with the buyer. In order to make the purchase experience safer, “Il Re della Pasta” provides to its users with an additional warranty, called “From A to Z” warranty.
We will do our best to ensure that access to “Il Re della Pasta” Services is provided without interruption and that transmissions occur without errors. However, due to the nature of the Internet, uninterrupted access and the absence of transmission errors cannot be guaranteed. Furthermore, your access to “Il Re della Pasta” Services may also be occasionally suspended or limited to allow for repairs, maintenance, or the introduction of new activities or services. We will attempt to limit the frequency and duration of these suspensions and limitations.
“Il Re della Pasta” will not be liable for (i) losses that are not a consequence of our breach of these general conditions or (ii) for any loss of business opportunity (including lost profits, revenues, contracts, presumed savings, data, goodwill or expenses unnecessarily incurred) or (iii) any other indirect or consequential loss that was not reasonably foreseeable, both by you and by us, when you started using “Il Re della Pasta” Services.
We will not be responsible for any delay or non-fulfillment of the obligations set out in these general conditions if the delay or non-fulfillment derives from unforeseeable circumstances or due to force majeure. This provision does not affect your rights deriving from the law and in particular your right to receive the purchased goods within a reasonable time, or to be reimbursed in the event of non-delivery due to circumstances, deriving from unforeseeable circumstances or due to force majeure. The legal provisions in force in some states may prohibit the limitations of abovementioned liability. In the event that these provisions are applicable, the limitations of abovementioned liability will not take effect and further rights may be recognized. Nessuna delle previsioni qui contenuta limita od esclude la nostra responsabilità in caso di morte o danni alla persona procurati da nostra negligenza o causati da dolo o colpa grave.
APPLICABLE LAW AND COURT OF JURISDICTION
These General Conditions of Use are governed by and must be interpreted in accordance with the laws of the Grand Duchy of Luxembourg and the application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree, and we agree in turn, to submit to the non-exclusive jurisdiction of the District Courts of Luxembourg. As a consumer you will be able to take action before the Courts of the District of Luxembourg or of the Member State of the European Union, in which you are resident or domiciled to promote a dispute in relation to these General Conditions of Use.
CHANGES TO THE SERVICE OR CHANGES TO THE CONDITIONS
We reserve the right to modify: “Il Re della Pasta” Services, the policies, these General Conditions of Use and Service Terms at any time, to offer new products or services or to adapt to legal and regulatory provisions. You will be subject to the policies and terms of the General Conditions of Use from time to time in force when you use “Il Re della Pasta” Services. If any provision of these conditions is deemed invalid, null or for any reason unenforceable, this condition will in any case not affect the validity and effectiveness of the other provisions.
In the event of your non-fulfillment of these General Conditions of Use, our failure to exercise the right to act against you does not represent our waiver of action for the violation of the obligations undertaken by you.
We do not sell products to minors. We sell children’s products that can only be purchased by adults. If you are under 18, you can use “Il Re della Pasta” Services only with the involvement of a parent or guardian.
19. NOTIFICATION AND PROCEDURE FORM FOR REPORTING INTELLECTUAL PROPERTY RIGHTS VIOLATIONS
If you believe your intellectual property rights have been infringed, please contact us.
Upon receipt of a notification form, we may take various initiatives, for example we may remove the information or an article, without this implying admission of responsibility and without prejudice to any of our other rights, remedies or defense, which we expressly reserve the right to exercise. Furthermore, by sending a notification form, you grant “Il Re della Pasta” the right to use, reproduce, modify, adapt, publish, translate, create derivative works and show the contents of the same notification form all over of the world through any means of communication. This includes the right to send the Notification Form to the subjects involved in the preparation of the content deemed illegal. .
Note on the product sheets of third-party vendors: we inform you that the product sheets of third-party vendors are only stored on Il Re della Pasta.it and are published exclusively according to the indications of the third-party vendors, who can be contacted from the “Vendor Information” page, accessible from each product sheet. ASIN and ISBN-10, Definitions: “ASIN” means “Il Re della Pasta” Standard Item Number (or Identification Number) and is a ten (10) character identifier. It can be found under any description tab under “Product Details”. “ISBN-10” means the International Standard Book Number and is a thirteen ten (10) digit numeric identifier that can be found in certain book listings under “Product Details.” Important Warning: provide false information, misleading or inaccurate in the notification form to “Il Re della Pasta” can give rise to civil and / or criminal liability. If you have any questions, please consult a lawyer.
20. ADDITIONAL TERMS FOR THE Il Re della Pasta SOFTWARE
“Il Re della Pasta” Software usage. You can use “Il Re della Pasta” Software only for the purpose of using “Il Re della Pasta” Services within the limits of: the General Conditions of Use provisions, these Additional Terms for “Il Re della Pasta” Software and Service Terms. You will not be able to incorporate a part of “Il Re della Pasta” Software into your programs, or compile portions thereof in combination with your programs, you will not be able to transfer “Il Re della Pasta” Software to use it in connection with another service, or sell, rent or to rent, distribute or sublicense, or otherwise assign any rights to “Il Re della Pasta” Software in whole or in part. You will not be able to use “Il Re della Pasta” Software for illegal purposes. We may cease supplying “Il Re della Pasta Software” and may revoke your right to use “Il Re della Pasta” Software at any time. Your right to use “Il Re della Pasta” Software will be automatically revoked, without any prior notice from us, in the event of your breach of the provisions of these Additional Terms for “Il Re della Pasta “Software, General Conditions of Use or Service Terms. “Il Re della Pasta” software may be subject to the application of additional terms and conditions of third parties, contained or distributed together with some “Il Re della Pasta” softwares (or software incorporated into “Il Re della Pasta” Software) indicated in the relevant documentation. These provisions will prevail in case of conflict with the General Conditions of Use. Use of third-party services. When using “Il Re della Pasta” Software, you may also use services provided by third parties, such as wireless service providers or mobile phone platform providers. The use of services provided by third parties may be subject to the policies, conditions of use and tariffs of such parties.
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Prohibition of “reverse engineering” . You may not copy, modify, perform “reverse engineering” activities, decompile or disassemble or otherwise intervene on “Il Re della Pasta “Software in whole or in part ,or create derivative works from the Software. “Il Re della Pasta”, nor encourage, assist or support other objects to carry out such activities.
Updates. In order to keep “Il Re della Pasta” Software updated, we may provide automatic or manual updates at any time and without notice.
Export provisions. US Government users. You must comply with the provisions and restrictions established by the Department of Commerce and other United States agencies and authorities applicable to “Il Re della Pasta” Software. “Il Re della Pasta” Software is provided to US Government users as a “Commercial Item”, as defined in the United States Federal Acquisition Regulations (48 § 2.101), with the same rights and limitations granted to end users pursuant to the General Conditions of Use and Sale.
We invite you to read these conditions carefully before using “Il Re della Pasta” Services. By using “Il Re della Pasta “Services, you fully accept these conditions.
II. GENERAL CONDITIONS OF SALE
These General Conditions of Sale govern the purchase of products and, where applicable, of services through the website when “Il Re della Pasta” operates as a vendor (“General Conditions of Sale”). Il Re della Pasta.it is the commercial name of “Il Re della Pasta”. The sale of products by third-party vendors will be governed by the terms and conditions of sale applicable from time to time. We offer a wide range of the“Il Re della Pasta” Services and at times you may be subject to additional terms and conditions. If you use any “Il Re della Pasta” services (i.e. Your Profile, Gift Vouchers or the Re della Pasta apps for mobile devices), you will also be subject to the terms, guidelines and general conditions applicable to that certain service (“Service Terms”). In the event of a dispute between these General Conditions of Sale and Service Terms, the Service Terms will prevail.
We invite you to carefully read these General Conditions of Sale before proceeding with any purchase. By making any purchase, you fully accept these General Conditions of Sale.
Display of “Il Re della Pasta” Services on the website’s virtual showcase constitutes an invitation to offer.
If you want to buy one or more products shown on the website, you can select them one at a time, adding them to your cart. Once you have selected all the items you wish to purchase, you can close your chart and submit the order. At this point you will see a summary page of the products you have selected, their price and delivery options (with related costs). You will be required to choose your preferred delivery, transport and payment method.
Your order will therefore be considered as your contractual purchase proposal addressed to “Il Re della Pasta” for the listed products, each considered individually. Upon receipt of your order, we will automatically send you an e-mail to take charge of the order itself (“Order Receipt E-mail”) which, however, does not constitute acceptance of your purchase proposal. By sending the “Order Receipt E-mail”, in fact, we only confirm that we have received the order and subjected it to the data and availability verification process of the products you requested. The sales contract with “Il Re della Pasta” will only end when we send you a separate e-mail accepting your purchase proposal, which will also contain information relating to the shipment of the product and the expected date of delivery (“E- Shipping Confirmation email “). In the event that your order is processed through multiple shipments, you may receive separate “Shipping Confirmation Emails”. You can freely cancel your order before you have received our “Shipping Confirmation E-mail”, provided that the order has not been prepared for the shipping process. In this case you will not be charged any costs. In any case, the right of withdrawal is subject to the terms and conditions set out in the following art. 2.
You agree to receive invoices in electronic format. These documents will be available in PDF format. The electronic invoice for an order will be communicated to you in the shipping confirmation e-mail.
All orders placed on the website must correspond to normal consumption needs. This requirement applies both in relation to the number of products purchased with a single order and in the case of a plurality of orders relating to the same product, even if each order includes a quantity of products corresponding to normal consumption needs.
PRICES AND AVAILABILITY
All prices are inclusive of VAT applicable in accordance with law.
Information on the availability of the products we sell is listed on the website, as well as on the presentation page of each product. In addition to the information provided on this page or elsewhere on the website, we are unable to give more precise information on the availability of products. Please consider that the estimated times for sending and delivering the products are purely indicative and it is not possible to fully rely on them. Once we have received your order, we will notify you by email if any of the products you have ordered are not available.
Despite all our efforts, we cannot exclude that for a small part of the products in our catalogue a different price from the actual one is indicated by mistake. In any case, we will check the correctness of product prices during the order verification process and subsequent shipment of the products. If, due to misunderstandings or other inconveniences, the price indicated on the website should be lower than the correct selling price of a product, we will contact you to check whether you still want to purchase the product at the correct price. Otherwise your order will not be accepted. If the correct price of a product is lower than that indicated on the website, we will only charge you the correct lower price and we will ship the product to you anyway.
Should the goods ordered by “Il Re della Pasta” be delivered outside of Italy, you may be subject to import duties and taxes, payable once the package reaches the specified destination. Any additional costs for customs clearance will be at your expense. We do not manage these costs and cannot predict the amount. Customs policies vary considerably from country to country and you should therefore contact your local customs office for more information. Please also keep in mind that when you place orders on the website, you are considered as an importer and are therefore required to comply with all the laws and regulations of the country where you will receive the goods. Your privacy is important to us and we know that you care a lot about the way your order information is used and shared. We would like our international customers and customers, who ship products overseas, to be aware that cross-border deliveries are subject to opening and inspection of products by customs authorities. For more information, please contact us.
WARRANTIES ON PRODUCTS SOLD BY “Il Re della Pasta” AND LIMITATIONS OF LIABILITY
The guarantee scheme on products sold by “Il Re della Pasta “ differs according to whether the buyer is a “consumer” or a “professional” according to Directive 1999/44 / EC on “certain aspects of sales contracts and guarantees concerning consumer goods”.
If you buy as a “consumer”, you benefit from the legal warranty to which the vendor is bound by law on every good sold. (“Legal Warranty”).
The Legal Warranty to which “Il Re della Pasta” is bound in quality of vendor guarantees the goods from defects of conformity compared to the contract of sale.
Within the constraint of law, “Il Re della Pasta” declines all responsibility in the event that the product delivered does not comply with the legislation of the country of delivery other than Italy.
“Il Re della Pasta” will not be responsible in case of delay in the delivery of the purchased goods due to insufficient stocks on the part of the supplier.
We will also not be liable in case of insubstantial differences between the purchased goods and their illustrative images and text descriptions published on our website.
. . “Il Re della Pasta” is in no way responsible for the fulfillment of the obligations borne by third parties who may offer commercial warranties in relation to the products for sale on the website.
. . As the supplier of the e-commerce platform, “Il Re della Pasta” facilitates transactions on the website, but is not part of the sales contract for the goods sold by these third-party vendors. “Il Re della Pasta”, therefore, remains unrelated to the transaction, which occurs exclusively between the buyer and the vendor. .
The vendor is solely responsible for the sale of the products and must deal directly with any complaints or problems inherent or related to the contract between the buyer and the vendor, including taking on the obligations of the Legal Warranty.
APPLICABLE LAW AND COURT OF JURISDICTION
These General Conditions of Sale are governed by and must be interpreted in accordance with the laws of the Grand Duchy of Luxembourg and the application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You also agree, and we accept in turn, to submit to the non-exclusive jurisdiction of the Courts of the District of Luxembourg . As a consumer you will be able to take action before the Courts of the District of Luxembourg or of the Member State of the European Union in which you are resident or domiciled to promote a dispute in relation to these General Conditions of Sale.
CHANGES TO THE GENERAL CONDITIONS OF SALE
We reserve the right to change the website, policies and these General Conditions of Sale at any time to offer new products or services, or to comply with legal or regulatory provisions. You will be subject to the policies and terms of the General Conditions of Sale from time to time in force at the time you order products from us, unless any changes to these policies and terms are required by applicable law or competent authorities (in which case , they will also apply to orders you have previously placed). If any provision of these conditions is deemed invalid, null or for any reason unenforceable, this condition will in any case not affect the validity and effectiveness of the other provisions.
In the event of your non-fulfillment of these General Conditions of Sale, our failure to exercise the right to act against you does not represent our waiver to act for the violation of commitments undertaken by you.
Il Re della Pasta.it is the commercial name of “Il Re della Pasta”.
The General Conditions of Use and Sale of Il Re della Pasta.it