General terms and conditions of sale and use of the site

Introduction

These terms and conditions of sale and use of the website (the “Terms”) govern:

• the use by the user of the website ristorantedav.com and of the e-commerce platform giftvoucher.ristorantedav.com (hereinafter jointly referred to, for convenience, as the “Website”);
• the purchase and delivery of products (the “Products”) through our Website. Products purchased on the Website are sold directly by Da Vittorio S.r.l. (the “Seller”), with registered office at Via Cantalupa 17, Brusaporto (BG), Tax Code and VAT No. 03237670165.

In welcoming you to our Website, before you continue to access or use it, we invite you to read these Terms carefully, as they apply to all visitors and/or users of the Website. By accessing or using the Website, you confirm that you accept these Terms and agree to be bound by them. If you do not agree with and/or do not accept these Terms, you may not use this Website and must therefore stop using it immediately.

These Terms, together with your Order Confirmation, constitute the agreement between the parties for the purchase of the Products, and no different terms or conditions shall apply. By confirming that you have read and accepted these Terms when placing an Order through our Website, you agree to them unconditionally. The agreement may only be amended by mutual agreement recorded in writing or by e-mail.

If you require further information, please remember that you can always contact Da Vittorio S.r.l.:

• by e-mail at dav@davittorio.com
• by telephone, from 5:00 p.m., at: 02-36.72.38.30

1. Our commercial policy

1.1 The Seller offers Products for sale on the Website and conducts its e-commerce activity exclusively with its end users, both as “consumers” within the meaning of Italian Legislative Decree No. 206/2005 (the Consumer Code) and as professional operators, regardless of their legal form.

1.2 When we refer to a “consumer”, we mean any natural person acting on the Website for purposes unrelated to any commercial, business or professional activity that they may carry out.

1.3 In view of its commercial policy, the Seller reserves the right not to process orders that do not comply with that policy. In general, the Seller reserves the right to refuse orders or the provision of services to anyone at any time.

1.4 To place orders on the Website, the end user must be of legal age, meet the requirements for entering into legally binding agreements, have a valid e-mail address and hold a verified PayPal account, a credit card or a bank account.

1.5 These General Terms and Conditions of Sale exclusively govern the offer, submission and acceptance of purchase orders for products on giftvoucher.ristorantedav.com between users and the Seller.

2. Website functions and purposes

2.1 We use our Website to promote and provide information about Da Vittorio S.r.l. Products specifically relating to our “DAV”-branded restaurants (the “Restaurants”).

2.2 Additional functions may be provided in specific sections of our Website. For example, users may be allowed to send us requests for information or request newsletters concerning the Products, services and our other initiatives specifically relating to our Restaurants.

2.3 You may unsubscribe from the newsletter at any time by using the unsubscribe command at the bottom of the e-mail received.

3. Our Privacy and Cookie Policy

3.1 Access to certain sections of the Website and the use of some of its functions, such as requesting information or newsletters, may involve the collection and processing of personal data. For general information about the processing of personal data by Da Vittorio S.r.l. through the Website, including the use of cookies, please read our Privacy and Cookie.

3.2 By using the Website, you acknowledge and accept that communications made via the Internet are never completely confidential and secure and that any information or message sent to the Website could be read or intercepted by persons other than the intended recipients, even where notices state that a particular transmission is encrypted. If you disagree with and/or do not intend to accept our privacy policies, you must stop using our Website immediately.

4. Registration and Personal Account

4.1 To enter into a purchase agreement, if you have not previously registered, you must register by opening an account (the “Account”) and entering all the information requested in the relevant section of the Website.

4.2 Please note that you will be responsible for all activities carried out through your Account (including, for example, any purchase of our Products made through your Account). You should therefore keep your login details secure and confidential and ensure that third parties do not use your Account without your consent.

4.3 Da Vittorio S.r.l. reserves the right to cancel or suspend your Account at any time and without notice if: (i) it reasonably believes that you are using the Account in breach of these Terms; (ii) it reasonably believes that a third party is using your Account without your consent; or (iii) it reasonably considers it necessary to cancel or suspend your Account for security or maintenance purposes.

4.4 The personal data you enter to register your Account, and personal data generally collected through the Website, are processed in accordance with the European General Data Protection Regulation (EU Regulation No. 2016/679 or GDPR), as described in detail in our Privacy Policy, which you are invited to review and will be asked to confirm that you have read and accepted when providing your data.

5. Conclusion of the agreement

5.1 To enter into an agreement for the purchase of one or more products on the Website, after adding the products to your cart, you must follow the checkout instructions provided on the relevant page, entering your billing details, physical or electronic delivery address (e-mail address for voucher purchases) and payment details, and finally confirming the online submission of the order form.

5.2 The order form displayed immediately before the purchase agreement is concluded will provide summary information about the essential characteristics of your order. The agreement is concluded when the Seller receives your order form electronically, after verifying the accuracy of the information relating to your order.

5.3 The order form will be stored in our database for the time required to process orders and, in any event, for the period prescribed by law. You may access your order form by consulting the “My Order” section.

5.4 If you wish to cancel your order, you must send an e-mail exclusively to dav@davittorio.com, stating in the cancellation e-mail the order number assigned at the end of the purchase procedure.

5.5 When you submit the order form, you will be informed that such submission entails an obligation to pay the stated price. Before submitting the order form, the customer is responsible for checking that the information entered is correct.

5.6 The languages available for concluding the agreement with the Seller are Italian and English.

5.7 Once the agreement has been concluded, Da Vittorio S.r.l. will process your purchase order.

5.8 The Seller may decline to process purchase orders that do not provide sufficient guarantees of solvency, are incomplete or incorrect, or concern unavailable Products.

5.9 In such cases, we will inform you by e-mail that the agreement has not been concluded and that the Seller has not processed your purchase order, specifying the reasons.

5.10 If the products shown on the Website are no longer available or for sale when you last access the Website or submit the order form, the Seller will promptly, and in any event within thirty (30) days from the day after you sent your order to the Seller, inform you that the ordered products are unavailable.

5.11 If products that have already been paid for are unavailable, the Seller will refund the amount you have paid without undue delay, and the agreement between the parties will be deemed terminated.

5.12 By submitting the order form electronically, you unconditionally accept and agree to comply with these General Terms and Conditions of Sale in your dealings with the Seller, and you confirm that you know and accept the additional information contained on the Website. If you do not agree with any of the terms set out in the General Terms and Conditions of Sale, please do not submit the order form to purchase products on the Website.

5.13 Once the agreement has been concluded, the Seller will send you an order receipt by e-mail, after which the order may no longer be changed.

5.14 The Seller also agrees that a purchase order may be sent by e-mail to davmilano@davittorio.com. Upon receipt of the order, the Seller will request your billing, shipping and payment details and confirm product availability. Once this information has been received, the Seller will send you an order confirmation by e-mail summarising the products purchased.

6. Guarantees and price information

6.1 Only Da Vittorio-branded Products are offered for sale on the Website, and the Seller guarantees their quality and authenticity.

6.2 The essential characteristics of the Products are presented on the Website in each product description. However, the images and colours of the Products offered for sale on the Website may not correspond to the actual Products due to the Internet browser and monitor used.

6.3 Orders are invoiced in euros and correspond to the prices in euros shown on our Website. The amount charged to your credit card, PayPal account or bank account may vary because it is based on fluctuating exchange rates and bank charges. The Seller invites customers to contact their bank for detailed information about the exchange rates and bank charges applicable to their transaction.

7. Shipping methods, times and costs

7.1 When placing the order, the user must provide a correct telephone number (landline or mobile) to help resolve any issues with delivery of the Product.

7.2 It is important to provide a valid delivery e-mail address. The Seller is not responsible for any failure to receive the Product due to an error in the e-mail address or if the user’s mailbox does not, for any reason, allow delivery of the Product. In such cases, the user must submit any request for the voucher to be reissued by writing to: davmilano@davittorio.com.

8. Payments

8.1 To pay the price of the Products, you may use one of the methods indicated in the order form. Under no circumstances will you be charged more than the costs actually incurred by the Seller in relation to your chosen payment method.

8.2 The following forms of payment are accepted:

• PAYMENT BY CREDIT CARD THROUGH PAYPAL

  As all transactions are processed by PayPal, Website Customers are guaranteed maximum purchase security.

• PAYMENT WITH A VERIFIED PAYPAL ACCOUNT

  The customer may pay directly through their verified PayPal account. The Website accepts only PayPal payments from verified accounts and reserves the right to ship the goods to the address associated with the PayPal-verified account. Payments sent from unverified PayPal accounts will be cancelled.

• PAYMENT BY BANK TRANSFER

  The customer may also pay by advance bank transfer, but only by placing the order by e-mail and sending a copy of the payment receipt to: dav@davittorio.com. In this case, the Seller will provide the Customer with the information needed to make the bank transfer (IBAN, order number, etc.) and, once receipt of the funds has been confirmed, will release the shipment and send a confirmation e-mail with the vouchers attached in PDF format.

9. Gift Vouchers

9.1 Purchased Gift Vouchers will be sent directly to the customer by e-mail immediately after online payment and are not subject to shipping costs.

9.2 The Gift Voucher will have a unique identification code stated in the e-mail. This code must be quoted in connection with any request.

9.3 Vouchers are valid for 12 months from the date of purchase. After this period, they may no longer be used or refunded.

9.4 Gift Vouchers may be used from Sunday evening to Thursday evening, excluding public holidays. A Gift Voucher for Sunday may be used only on that day of the week.

9.5 A table reservation will be considered valid only if the Voucher is mentioned when booking and delivered in paper form upon arrival at the selected DAV Restaurant on the relevant day.

9.6 The right of withdrawal for Gift Vouchers may be exercised within 14 days from the date of purchase, except where the Voucher has been activated during that period by making a reservation and providing the unique identification code.

9.7 Anything not expressly stated in the Gift Voucher description is not included in the cost of the purchased package and must be paid by the Customer separately and directly to the selected Restaurant.

10. Right of withdrawal

10.1 You have the right to withdraw from the agreement concluded with the Seller, without penalty and without giving any reason, within fourteen (14) days from the date on which you receive the Products purchased on the Website.

10.2 To withdraw from the agreement, you may use the dedicated Withdrawal Procedure in accordance with Article 54-bis of the Consumer Code by clicking “Exercise the right of withdrawal” in the “INFO” section of the Website. The withdrawal function is continuously available throughout the period during which the right of withdrawal may be exercised and is easily accessible to the customer.

10.3 The Seller will confirm receipt of the customer’s withdrawal request without undue delay by sending an acknowledgement on a durable medium, including its contents and the date and time of transmission.

10.4 If the customer instead chooses to send another declaration of withdrawal, the burden of proving that the right of withdrawal was exercised correctly and on time will rest with the customer.

10.5 Once the right of withdrawal from the agreement has been exercised, the Gift Voucher will be cancelled through the Website and the corresponding refund will be issued to the customer using the same payment method used for the purchase.

10.6 In addition to compliance with the terms and procedures described above, the right of withdrawal will be deemed to have been exercised correctly if all the following conditions are met:

• a) the exercise of the right of withdrawal through the online “Exercise the right of withdrawal” function must be completed in full no later than fourteen (14) days after receipt of the Products;
• b) the Products must not have been used;

10.7 If the right of withdrawal is exercised in accordance with the procedures and time limits set out above, the Seller will refund, using the same payment method originally used unless the customer has expressly agreed with the Seller to use a different payment method, any amounts already received for the purchase of the products alone (net of shipping and return costs, which remain payable by the customer) as soon as possible and, in any event, within fourteen (14) days from the date on which the Seller became aware that the customer had exercised the right of withdrawal, without prejudice to Article 56(3) of the Consumer Code.

10.8 If the procedures and time limits for exercising the right of withdrawal are not complied with, the customer will not be entitled to a refund of the amounts already paid to the Seller. Within 14 days after the e-mail notifying the customer that the return has not been accepted is sent, the customer may choose to recover the purchased Gift Vouchers by notifying the Seller in accordance with the procedures communicated on that occasion. Otherwise, the Seller will consider the Gift Vouchers cancelled and retain the amounts already paid for their purchase.

10.9 If the recipient of the Products stated in the order form is not the person who paid the amounts due for their purchase, any refund following exercise of the right of withdrawal will in all cases be made by the Seller to the person who made the payment.

11. Ownership, Copyright & Trademarks

11.1 The Website and all its content are owned by Da Vittorio S.r.l.

11.2 This includes documentation, images, fonts and design. The material contained on the website is protected by copyright.

11.3 Any reproduction, alteration, transmission, publication or redistribution to third parties for commercial purposes is strictly prohibited without the express written consent of Da Vittorio S.r.l.

12. Disclaimer of liability

12.1 Da Vittorio S.r.l. publishes information on its website to provide a service to its customers. However, it disclaims all liability for possible technical or factual inaccuracies and/or typographical errors, which will be corrected immediately once reported.

12.2 Da Vittorio S.r.l. also reserves the right to make corrections and changes to the website whenever it deems necessary without prior notice.

12.3 Da Vittorio S.r.l. gives no warranty that the information published on its website complies with the laws of the jurisdiction of a customer’s country of residence where that country is not Italy.

12.4 Da Vittorio S.r.l. disclaims all liability for any problems, damage or risks that the user may encounter while using the website.

12.5 Da Vittorio S.r.l. disclaims all liability for any malfunction related to the disabling of cookies in the user’s browser.

13. Amendments and updates

13.1 Da Vittorio S.r.l. reserves the right to correct/review the terms and conditions contained in this legal notice by updating it whenever it deems appropriate, without any obligation to give prior notice.

13.2 The user must comply with the terms contained in this legal notice and periodically check it for updates, changes and corrections.

14. Governing law and dispute resolution

14.1 The General Terms and Conditions of Sale are governed by Italian law and, in particular, by Italian Legislative Decree No. 206 of 6 September 2005 (the Consumer Code), Chapter I, “Consumer rights in contracts”, with specific reference to the legislation on distance contracts, and by Italian Legislative Decree No. 70 of 9 April 2003 concerning certain aspects of electronic commerce.

14.2 By accessing the Website, users also agree to submit exclusively to the jurisdiction of the Court of Bergamo, without prejudice to the provisions protecting consumers under Article 66-bis of the Consumer Code.

14.3 Access to the Website from places where its content is considered illegal is expressly prohibited. Users who decide to access the Website from such countries are fully aware of the legal consequences and penalties they may incur and are solely responsible for complying with local laws.

15. Dispute resolution procedure

15.1 Without prejudice to the right to apply to the court having jurisdiction, consumers may refer disputes arising from the agreement concluded with the Seller for out-of-court resolution to one of the competent alternative dispute resolution bodies (“ADR bodies”) established pursuant to Articles 141-bis et seq. of Italian Legislative Decree No. 206 of 6 September 2005 (the Consumer Code).

15.2 The list of ADR bodies operating in Italy is available on the official website of the Italian Ministry of Enterprises and Made in Italy. Further information on alternative dispute resolution for consumers is available on the European Commission website.