The service is provided by Eat For Fit SRL, with registered office in via Marconi 3 / A Rodengo Saiano, 25050, Brescia; registered with the Brescia Company Register, REA BS - 601856, tax code and VAT number 04270710983 (hereinafter, “ Eat4Fit ”).
The General Conditions of Service are specified below, the acceptance of which by you is an indispensable condition for you to be able to validly use the Service. Eat4Fit observes the legislation on remote contracts pursuant to art. 49 and ss. of the legislative decree n. 206/2005, as amended by the new legislative decree 21 February 2014, n. 21, in implementation of Directive 2011/83 / EU on consumer rights, specifically for the booking service and home delivery of perishable foods (so-called food delivery ).
General Conditions of Service
In order to allow your registration to the Service and allow you to access it, we ask you to read and accept the General Conditions of Service that govern access to the services offered. When registering and registering your personal data, you will declare that you are of age and that you have read the Terms of Use, which we ask you to expressly accept by electronic subscription, by clicking on the "Register" or "Confirm" space. The declaration of having carefully read the Conditions of use and their acceptance is a necessary and indispensable condition for accessing, using and using the Service.
Upon signing the Terms of Use, you will also be asked to read the information relating to the processing of your personal data pursuant to the Privacy Code and the GDPR, and you will be asked to authorize the processing of your personal data, freely provided, for the purposes relating to access to the Service and for any other initiatives to which you may choose to join, as well as expressly accept the specifically indicated clauses.
In any case, by completing the order procedure, you declare that you have read and accepted these general conditions of service. To this end, before submitting your purchase order, we invite you to carefully read these General Conditions of Service.
The role of Eat4Fit
Eat4Fit offers you a booking service and home delivery of perishable foods (so-called food delivery ).
Registration and acceptance of the General Conditions of Service
To have access to the functions and services of the portal, it is necessary to register, which is also essential to make a purchase or to use any Service.
You can register on the portal by clicking on the registration option by providing the following data (total or partial):
Email (Email with which you will access all Eat4Fit services);
password;
Name;
surname;
fiscal Code;
mobile phone;
billing address;
shipping address;
birth place;
date of birth (dd / mm / yyyy);
sex.
Upon registration, you will also be asked to express your acceptance by "ticking" the appropriate boxes relating to the following links :
I have carefully read and accept the Terms of use of the service
By doing so, you declare that you have carefully read and expressly accepted all the General Conditions of Service, the terms and methods of use and enjoyment of the Service as expressly indicated below and that you are aware of all the characteristics and purposes of the Service.
By ticking the appropriate box, the user agrees to receive emails regarding information, communications, new menus, promotions and general information regarding the Eat4Fit service.
It is understood that the Email and Password provided by you are personal and cannot be used by any other third party to access the Service.
You undertake to:
Keep your Email and Password and not allow third parties to use them;
Do not make more than one registration and not to register accounts with the aim of abusing the functionality of the portal.
Upon completion of registration, you undertake to:
not to provide false or misleading data, including false names, addresses and contacts;
not to fraudulently use credit or debit card numbers;
do not attempt to violate the network, use the portal services for purposes unrelated to commercial transactions;
engage in any illegal activity in connection with the use of the Portal and / or the Service.
You are the one and only responsible for the conservation, confidentiality and use of your Email and Password , consequently, with the registration itself, you exempt Eat4Fit from any liability deriving from improper use of the Email and / or Password , by of third parties who have become aware, in any way, of the Password . As soon as you become aware of it, you undertake to immediately notify Eat4Fit, via Email at assistenza@eat4fit.net , attaching a copy of a valid identity document - the theft and / or loss of access data ( Email and / or Password and / or unauthorized disclosure and / or unauthorized use by third parties of the Email and / or Password) .
Following the report, Eat4Fit will proceed with the deactivation of the registration and the cancellation of any contents. The absence of reporting and subsequent disabling will determine the direct and exclusive responsibility of the User for all uses and / or abuses of his Email and / or his Password .
The User can request the cancellation of his registration and data at any time by sending a communication to Eat4Fit at the following e-mail address: assistenza@eat4fit.net .
The agreement with Eat4Fit will terminate immediately upon receipt of the request for termination of this agreement and the Email and Password will be deleted.
It is understood that Eat4Fit, its affiliates, administrators, managers, officers, employees, agents, consultants, representatives (hereinafter, the " Representatives ") will in no case and for any reason be held liable towards the User or third parties for the modification, suspension, interruption and / or termination of the Service.
Eat4Fit does not guarantee that the services offered therein, or that the portal itself, are free of viruses or other elements that may cause detrimental effects on any technology.
Following registration, Eat4Fit is entitled to send the User Email with administrative and promotional content, information relating to account activity and purchases, updates about the portal and related services, other promotional offers, information on purchases made by User himself.
The User can at any time opt out of receiving promotional Emails by clicking on the “Delete your email from this list” link at the bottom of Emails with promotional content. Furthermore, Eat4Fit invites the User to consult the Privacy Policy which is an integral part of these General Conditions of Service.
Object of the Service
The Service consists of:
booking and purchase services via an IT platform;
supply and administration of foodstuffs;
home delivery of the above foodstuffs.
Reservation and purchase through the Portal
The user can select the food products offered by Eat4Fit through the IT platforms;
All prices include VAT. The cost of delivery is in relation to the shipping address.
All the products and prices indicated on the portal constitute an offer to the public with the limitations and methods contained in the portal and in these General Conditions of Service.
Given the nature of the products sold through the Eat4Fit Service, the graphics of the delivered products may not coincide with that shown on the portal at the time of purchase.
Supply and administration of foodstuffs prepared and packaged with ATM packaging technology.
The products can have a variable weight, whose actual weight compared to that indicated on the label can vary up to 20% more or less than what is indicatively proposed in the portal. Eat4Fit, therefore, cannot be held responsible in any way for any changes in the products published through the Eat4Fit service.
In no case will Eat4Fit be held responsible for the failure or incorrect fulfillment by the User of any legal or regulatory procedure in relation to the Agreement.
Users are aware that all costs relating to equipment and software programs necessary to activate and establish the connection to the Portal and all costs relating to connection to the network are their sole responsibility.
Home delivery of food
The products will be stored at a suitable temperature throughout the journey and shipment.
In some cases there may be delays in delivery, Eat4Fit will undertake to keep meals at an adequate temperature to ensure the quality and organoleptic properties of the products; Eat4Fit is not responsible for any delays of any kind.
Purchase by minors
The system does not allow you to complete the online purchase operation if performed by users under the age of 18 as it is necessary to register by an adult and, in the case of online payment directly on the portal, a credit card. it must necessarily be registered in the name of an adult.
Confirmation of purchase
If the payment is successful, the system displays the purchase receipt on-line, which will bear the indication "ORDER RECEIVED" and confirms the purchase made by the User.
Within approximately 30 minutes of completing the transaction, the User will receive an Email confirming the purchase made, specifying the price paid and the delivery method for the selected and booked products. Eat4Fit declines all responsibility for the failure to deliver the confirmation email within the aforementioned terms, if the relative delivery has not been made possible due to the insertion by the User of incorrect or invalid data in the online form of request for the User's personal data.
In the event that the User requires an invoice, the User must fill in the appropriate fields useful for billing in the reserved area of the Portal or request it via Email. It will therefore be necessary to provide the tax code or the VAT number, so that Eat4Fit can subsequently issue a valid invoice. Eat4Fit, in some cases, may not even be subject to the obligation to issue the invoice.
Terms of payment
The payment methods are:
Satispay and main credit cards: at the end of the purchase procedure you will be directed to the Satispay portal which uses a secure connection with SSL (Secure Socket Layer) encryption: under no circumstances will we receive your credit card number. The SSL encryption system ensures that no one can in any way read the information sent over the Internet. We will only receive the authorization provided by Satispay. This procedure is absolutely safe and fully guarantees both the buyer and the seller.
Paypal and major credit cards: payment data will be transferred, via secure connection in SSL (Secure Socket Layer) encryption, compliant with PCI DSS (Payment Card Industry Data Security Standard), to Paypal Service for authorization and charge, subject to the privacy policy for PayPal services. For security reasons, Eat4Fit does not store or directly process any of this data.
Methods of acceptance of orders, collection and delivery
The order sent by the User will be binding for Eat4Fit only if the entire order procedure has been completed regularly and correctly without any error reporting by the portal.
In his e-mail box, the User will receive the list of selected dishes, which will be included in his order and the selected meals with a summary of the total cost and the chosen payment method.
The User cannot cancel the order or modify it; However, Eat4Fit reserves the right to evaluate, case by case, any changes and / or cancellation requests.
Eat4Fit (using external shippers for this purpose) will deliver the booked products between 9.00 am and 6.00 pm.
For organizational and service efficiency reasons, the product cannot be verified or controlled by the User at the time of delivery. For any anomaly found, you can contact Eat4Fit at the e-mail address assistenza@eat4fit.net , which will act, where possible, promptly in order to verify and resolve any anomalies.
Eat4Fit and its Representatives will not be responsible for any delays occurring during transport or delivery.
Likewise Eat4Fit and its Representatives cannot be held responsible for any loss, damage, incorrect or non-delivery caused by events and / or causes of force majeure or unforeseeable circumstances, such as by way of example but not limited to: natural disasters, adverse weather conditions ( such as intense snowfalls), any strikes (by one's own or other employees), accidents to means of transport, explosions, or any other similar or different cause.
Eat4Fit will not be responsible in any way for the temporary or permanent unavailability of one or more products. In the event of unavailability, even temporary, of the requested products, Eat4Fit undertakes not to charge the User the corresponding price.
For delivery, the presence of the User or his representative at the agreed address is required. If the User (or the person in charge) is not present, the order will be considered canceled and the User will be charged (as a penalty, even on subsequent expenditure) the cost of delivery and that of the products no longer sold to third parties; Eat4Fit will also be entitled to exclude the User from the service or make the provision of the service subject to online payment.
In the event that a product or part of a product is missing from the box, Eat4Fit will undertake to provide a discount voucher equal to the value of the product itself.
Access to the Service
In order to access the Service, the User is required to:
accept in all its parts these General Conditions of Service;
complete the request for the User's personal data in the portal, authorizing its processing by Eat4Fit in accordance with its Privacy Policy published on the portal and on the Eat4Fit.net web page . By accepting these General Conditions of Service, the User undertakes to keep their registration data constantly updated and guarantees that they are valid, true, accurate and correct and do not violate the rights of third parties.
Failure to fill in all the fields indicated as mandatory in the online request form for the User's personal data will not make it possible for the User to use the Service.
Eat4Fit will only allow access to the Service to Users who have previously successfully completed a registration procedure on the portal. The Email and Password are personal, they cannot be used by two workstations at the same time and cannot be transferred or sold to third parties. The User will be entirely responsible for all the operations performed using his Email and Password and it will therefore be the User's obligation to keep these data strictly confidential and secret, immediately informing Eat4Fit in case of their use without the User's authorization. Each User will be held fully and completely responsible for any act or fact performed using their Email and Password and Eat4Fit and its Representatives cannot be held responsible in any way for any incorrect or illegitimate use of Email and Password made by the User or by any third party.
Eat4Fit also reserves the right to inhibit a User from accessing the Service as well as to interrupt the operation of his Email and Password immediately and without notice in the event that it considers that there is a substantial violation of the provisions of these Conditions. General Service, in particular if you find that:
the User's data are not updated;
responsibilities related to the illegal use of Email and Password have occurred ;
in case of distorted use or for illegal purposes of the Service by the User.
Eat4Fit undertakes to cooperate, collaborate and operate, in any way, with all competent authorities, including judicial authorities, where they order or require the Service to communicate the identity or location, as well as further data, of anyone who make it responsible for any IT infringement (including, in the case of fraud).
Complaints
For any observation or complaint relating to the Service, please send an email to the email address: assistenza@eat4fit.net All requests will be answered within approximately 72 (seventy-two) hours of receipt.
The comments of the Users are always very useful, as an important moment of comparison that allows to offer a service more and more corresponding to the needs of the same.
Limitations of liability and rights of Eat4Fit and its Representatives
Eat4Fit and its Representatives assume no responsibility for any direct and indirect damage, expense, cost and liability of any nature, suffered and / or incurred in relation to the services provided to it, which are not directly and exclusively attributable to Eat4Fit.
Eat4Fit also reserves the right to withdraw, modify, suspend or discontinue any function or service related to the Service for its own technical or organizational reasons.
Eat4Fit reserves the right, whenever it deems it necessary, to amend and / or supplement these General Conditions of Service. The updated version of the same will in any case always be available on the portal.
The User acknowledges and accepts that Eat4Fit and its Representatives cannot in any case be held liable for any type of damage, direct or indirect, expense, cost and liability, deriving from the User or third parties:
a) from the use or inability to use the Service;
b) any modification, suspension or interruption of the Service;
c) from messages received or transactions carried out by Eat4Fit or through it;
d) from unauthorized access or from alteration of transmissions and / or data of the User, including, among other things, any damage, even economic, by the same User that may be suffered due to lack of profit, use, loss of data or others intangible elements.
The User, without prejudice to any other provision referred to in these General Conditions of Service, expressly acknowledges and declares that:
a) the use and use of the Service is at one's own risk and is provided by Eat4Fit on the assumption of an exclusive and total assumption of responsibility for and borne by the User;
b) Eat4Fit is exonerated from any kind of liability and guarantee, expressed or implied, including the guarantee on the continuity, quality or quantity of the Service;
c) any material downloaded or otherwise obtained through the use of the Service will be carried out at the User's choice and risk and therefore any responsibility for any damage to IT systems or loss of data resulting from the uploading and / or downloading of material will fall on the 'User;
d) Eat4Fit assumes no responsibility for any damage, loss of data, information, damage due to delay or loss of chance, inaccuracy or failure to find information, restrictions or loss of access, difficulties or problems of any kind, errors, unauthorized use during access to the Service or in relation to other forms of interaction within the services. Furthermore, the User is and will be solely and directly responsible for the maintenance and saving of data and information contained in the Service.
Eat4Fit and its Representatives will not be responsible for the truthfulness and correctness inherent in the information (allergies, dietary regimes, etc.) contained within the descriptive pages relating to foods and products that can be booked through the portal.
Eat4Fit and its Representatives decline any responsibility for direct or indirect damages of any nature or in whatever form they occur, resulting from the use of the Portal and / or the news, photos and information contained therein.
Withdrawal and exclusion of the right of withdrawal for certain goods
The User's rights are protected by Legislative Decree no. 206/2005 and subsequent amendments and additions (hereinafter, the " Consumer Code "). All the goods offered by Eat4Fit fall within the portal sphere of art. 59 of the Consumer Code, which provides for the cases of exclusion of the right of withdrawal for certain goods.
In all other cases, the User will not be able to withdraw, as it is not allowed in the cases referred to in art. 59 of the Consumer Code, such as, for example and not exhaustively, is the case of the purchase of goods:
packaged, sealed, opened by the User;
the supply of goods which are liable to deteriorate or expire rapidly;
the supply of sealed goods that are not suitable for return for hygienic reasons or related to health protection and have been opened after delivery;
made to measure or clearly personalized.
In any case, Eat4Fit reserves the right to evaluate, on a case-by-case basis, the User's request.
Limitations of Eat4Fit Warranties
Eat4Fit does not provide any type of guarantee as to whether the Service corresponds to its own requirements and / or the User's expectations. Eat4Fit informs the User that the proposals have a purely informative purpose and provide general information, supported by research and scientific studies conducted by third parties, which can help improve his nutrition.
The User acknowledges that access to the Service, storage, publication and dissemination of the content sent is done at his own risk.
Furthermore, Eat4Fit does not provide any guarantee towards the User regarding the results that can be obtained with the use of the Service, or regarding the truthfulness and / or reliability of any information, data or news obtained by the User for the through the Service.
Personal data and portal content
Eat4Fit will process all personal data provided by Users at the time of registration in full compliance with the provisions contained in the Privacy Code, according to the methods and for the purposes indicated in the information provided to the User pursuant to art. 13 of the Privacy Code as affixed at the bottom of this contract.
Having read the information pursuant to art. 13 of the Privacy Code and referred to in the GDPR and with the signing of this contract, the User expresses his express consent to the processing and communication of data concerning him in the manner described in the aforementioned information, relieving the other party from any liability civil, criminal or administrative for damages that may be affected as a result, occasion or connection with said treatments, committing to said party to communicate without delay any modification of the data provided, by registered letter with acknowledgment of receipt addressed to the person to whose attention the communications must be addressed pursuant to the aforementioned legislation.
It is understood that the User authorizes Eat4Fit to profile his personal data for the processing of statistical data in order to be sold for Eat4Fit commercial and business operations.
All rights reserved. In particular, all intellectual property rights (including, by way of example and not limited to, copyrights, patents, trademarks, service marks, commercial brands, designs, both registered and unregistered) present on the portal, as well as all published information content or access to which is allowed through the Service, all databases managed by Eat4Fit, texts, graphics, software, photos, videos, music, sounds, underlying source codes and all software , and in general all the information offered and contained in the Portal, are the property of Eat4Fit.
All the material listed above may not be reproduced, redistributed or copied, distributed, republished, downloaded, displayed, published or transmitted in any form or by any means, sold, rented, sub-licensed, used to create derivative works, or exploited in any in the absence of the prior and express authorization of Eat4Fit.
It is allowed to find and view the content of the portal on the screen of a PC, tablet or smartphone, to store the content in electronic form on a disk (however not on a server or on a storage device connected to a network) or to print a copy of such content exclusively for personal and non-commercial use, provided that it keeps intact all notices relating to copyright and other proprietary rights.
It is forbidden to reproduce, modify, copy, distribute or use the materials or the contents of the portal for commercial purposes without the prior and express authorization of Eat4Fit.
All rights, including goodwill and, where present, trademarks, on the names of the Portal, are owned by Eat4Fit. The other names of goods and products, as well as the company names mentioned on the portal, even if they represent trademarks, registered or unregistered, are the exclusive property of their respective owners.
Eat4Fit and its Representatives reserve the right to check the comments left by users following the purchase of goods and products, avoiding the publication of comments that are not appropriate to the nature of the Service.
Applicable law and competent court
The applicable law, to these General Conditions of Service, as well as to all legal relationships existing between the Portal and the Users connected to the Service, is the Italian one.
For the legal relations between Eat4Fit and the Users, please refer in particular to the Consumer Code.
SPECIAL CLAUSES
Pursuant to and for the purposes of Articles 1341 and 1342 of the Italian Civil Code, the following clauses are expressly accepted: [2] ( Object of the Service ); [4] ( Purchase Confirmation ); [9] ( Limitations of liability and rights of Eat4Fit and its Representatives ); [10] ( Withdrawal and exclusion of the right of withdrawal for certain goods ); [11] ( Limitations of Eat4Fit warranties ).
DEFINITIONS
For the purposes of the interpretation and execution of the aforementioned General Conditions of Service, the following definitions apply, in addition to those possibly contained in the legal texts:
" Portal " means the set of web pages, accessible at the URL: www.eat4fit.net, and other platforms (eg: mobile portal), through which Eat4Fit offers the Service.
" Eat4Fit ": the person providing the Services, owner of the Portal and of the domains from which it is accessible. For the purposes of these General Conditions of Service, Eat4Fit srl, with registered office in via Marconi 3 / A Rodengo Saiano, 25050, Brescia, will be understood; registered in the Brescia Company Register, REA BS - 601856, tax code and VAT number 04270710983
" Privacy Code " indicates the " Code regarding the protection of personal data " referred to in the decree. legislative n. 196 of 3 June 2003, as amended from time to time.
" General Conditions of Service " indicates these general conditions which govern, inter alia , the relationship between Eat4Fit and the User with reference to the provision of the Service.
" Disclaimer " has the meaning attributed to this term in article [1 (3)] of these General Conditions of Service.
" GDPR " indicates the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016.
" Email " indicates the personal component of the authentication credentials, essential for the User to use the Service through the Portal.
" Password " indicates the confidential and personal component of the authentication credentials, essential for the User to use the Service through the Portal.
" Privacy Policy " indicates the agreement relating to the processing of personal data concluded between Eat4Fit and the User at the same time as the User accepts these General Conditions of Service.
" Registration Procedure " indicates the set of activities that consist, as far as the User is concerned, in filling out a form , in having read the Privacy Policy and in the manifestation of the relative consent, as well as in the reading and acceptance of the General Conditions of Service, in sending such information, which constitute the "registration request" to be considered as a contractual proposal. As regards the Portal, the procedure involves receiving the registration request and communicating the receipt to the User.
" Proposal " has the meaning attributed to this term in article 2 (a) of these General Conditions of Service.
" Service " indicates the services provided by Eat4Fit - both free of charge and for consideration - in favor of the User, within the limits and according to the procedures set out in the General Conditions of Service.
" User " indicates the person who has successfully completed the Registration Procedure and who can use the Service through the Portal.
Pursuant to art. 7 of the Legislative Decree 9 April 2003 n. 70, the following general information is provided:
Eat4Fit is a service provided by Eat4Fit Srl, with registered office in via Marconi 3 / A Rodengo Saiano, 25050, Brescia; registered in the Brescia Company Register, REA BS - 601856, tax code and VAT number 04270710983.
Updates to these terms
These terms can be updated at any time and without notice. In this case we will post the changes on the Eat4Fit website, applications or services in effect at the time of posting.
Last update: December 20, 2021
