These terms and conditions (the "Site Conditions") identify the rules on the basis of which the company OTIUM Bar of Tolu Maria Rosaria (hereinafter "OTIUM" or "Local") provides access to the website https://www.otium-genova.it which allows users, among other services, to order products online. Please read these Terms carefully before ordering any products from the Site. The placing of orders through the Site (now or in the future) implies acceptance by users of these Terms which govern the use of the Site.
OTIUM reserves the right to modify these Conditions over time. In the event that the user does not accept the new Conditions, he is required not to use the services offered by the Site and not to order products through it. It is recommended that you print a copy of these Terms for future reference.
The use of personal data transmitted through the Site is governed by the Privacy Policy & amp; Cookie Policy.
For clarity, it is specified that any reference to the "Site" contained in these Conditions includes all current or future versions of the website https: //www.otium-genova.it as well as any application through which you have / will have access to the Site and use it.
- ACCESS TO THE SITE AND SITE CONDITIONS
1.1. Access to the Site : It is possible to have access to some areas of the Site even without placing an Order or without registering your data (My account). Most areas of the Site are accessible to anyone.
1.2. Acceptance of the Site Conditions : Browsing in any area of the Site implies acceptance of the Conditions. Users who do not accept the Conditions are required not to use the services offered by the Site and not to order products through the Site itself.
1.3. Changes to the Site Terms : OTIUM has the right to change these Terms at any time. The user is therefore required to periodically check the Conditions in force at the time the Order is placed since the version published on that date will be applied to users of the Site. Users are required to comply with the rules in force at the time Place an Order.
1.4. Responsibility : It is up to visitors and users of the Site to prepare what is necessary to have access to the Site. Furthermore, visitors and users of the Site are required to ensure that all those who have access to the Site through their account and their Internet connection are aware of these Site Conditions and comply with them.
- USER REGISTRATION
2.1 In completing the registration procedures, the user must follow the instructions on the site (my account) and provide their personal data correctly and truthfully.
2.2 The user receives an e-mail to the e-mail address indicated with the assigned username and automatically generated password. The user can change the assigned password using the appropriate function.
2.2 The user undertakes to maintain the secrecy of his access data and to keep them with due diligence and not to transfer them, even temporarily, to third parties.
- USER STATUS OF THE SITE
3.1. Legal capacity and age : By placing an Order through the Site, the user guarantees:
3.1.1. to have the ability to act and conclude legally binding contracts with the Local; and
3.1.2. that you have turned 18.
3.2. If the user has a specific allergy or food intolerance, he undertakes, before placing the order, to contact the restaurant directly to verify that the food he intends to order is suitable for his needs.
3.3 Alcoholic beverages :
3.3.1 You agree and declare that it is an offense for any person under the age of 18 to purchase, or attempt to purchase, alcoholic beverages or for any person to purchase, or attempting to purchase alcoholic beverages on behalf of a person under the age of 18.
3.3.2 If the user's Order includes any alcoholic beverage, the user may be requested, upon receipt or delivery of your Order, to provide proof of your age. If the user is unable to provide proof of being of age, the Venue reserves the right not to complete the delivery of alcoholic beverages.
- METHOD OF SENDING AND PROCESSING THE ORDER
4.1. Completion of the Order :
4.1.1 To complete the purchase order, you will need to fill out the form in electronic format and send it following the relevant instructions.
It contains the reference to the Terms and Conditions of the Website, the products ordered and the relative price, the means of payment that can be used, the methods of delivery of the products purchased and any shipping and delivery costs.
4.1.2 Before concluding the Order (by clicking on the "place order" button), the user will be asked to confirm that they have read the Terms and Conditions of the Website .
4.1.3 We remind you that it is important to check all the information entered and correct any errors before clicking on the "place order" button because, after doing so, the user will complete a sales contract with OTIUM and it will no longer be possible, except in cases agreed with the same, to correct any errors or withdraw from the Order.
4.2. Modification or withdrawal from the Order :
4.2.1 Pursuant to art. 59 of the Consumer Code, the right of withdrawal is excluded as these are products made to order and subject to rapid deterioration.
4.2.2 Once the Order has been placed, the user concludes a product sales contract with OTIUM and, therefore, cannot modify or withdraw from the Order and is not entitled to any refund. However, if you still wish to attempt to modify or withdraw from the Order, the user can contact the Venue to check if, exceptionally, it is possible to interrupt / modify the Order. The user expressly acknowledges that there is no obligation or assurance that OTIUM will accept requests for changes or withdrawals.
4.3 . Order Processing and refusal to execute Orders by the Venue:
4.3.1 At the conclusion of the Order, the user receives an e-mail informing that the Order will be confirmed by OTIUM with a specific communication via e-mail to the sender's address .
4.3.2 The order is therefore considered suspended until OTIUM is notified.
4.3.3 Upon receipt of the Order by e-mail, OTIUM checks its contents, the requested delivery date, the collection / delivery times, the delivery area and the additional information entered by the user also in the notes.
4.3.4 OTIUM undertakes to promptly communicate the order confirmation or any refusal to execute.
4.3.5 Refusal is usually preceded by a phone call to the number indicated by the user to share the reasons.
4.3.6 In case of doubts or non-availability of the requested products, the Venue contacts the user by e-mail or at the telephone number indicated in the Order.
4.3.7 In any case, OTIUM cannot exclude refusals to execute Orders due to force majeure. In this case, the user will be promptly informed.
4.3.8 The non-coincidence between the postcode (which is checked to be among those in which deliveries are made at the time of insertion) and the requested delivery address is a reason for refusal.
4.4. Delivery of the Order :
4.4.1 The user can choose the pick-up / delivery times among those proposed at the time of the Order, in the event that the requested time number has been reached maximum deliveries, the next hourly interval is proposed.
4.4.2 The time required for delivery will be confirmed only after OTIUM's specific communication via e-mail.
4.4.3 The estimated times are normally respected, it will be the responsibility of OTIUM to inform the user of any delays.
- 5 . PRICE AND PAYMENT
5.1 . VAT and delivery costs : The prices of the products are those indicated on the Site. The prices include VAT but may not include the costs of delivery (if "delivery" is chosen instead of "collection"). These costs, if applicable, are added to the total amount due and are visible before the "place order"
5.2. Incorrect price indication : This Site contains menus and services whose prices are normally updated. It is always possible that some products may bear an inaccurate price indication. If the exact price of an ordered product is higher than the price indicated on the Site, the Venue will contact the user before preparing the Order. In such event, the Venue has no obligation to ensure that the ordered product is supplied at the lower price incorrectly indicated. In the event that the price is excessively high compared to the originally agreed price, the user, pursuant to the Consumer Code, will have the right to withdraw from the Order.
5.3. Methods of payment : Orders can be paid for by credit / debit card or in cash upon delivery or collection by the user. If agreed with the local, the balance can be paid by bank transfer.
- CUSTOMER SERVICE
6.1. General Provisions : OTIUM considers the satisfaction of its customers extremely important.
6.2. Problems relating to the Order : if the Order takes longer than expected or in the event of any other problem with it, OTIUM will promptly contact the user to provide information and timing.
6.3. Modification or withdrawal from the Order : if the user wishes to modify or withdraw from his Order after sending it, the user has the right to contact OTIUM in order to communicate his request. The user expressly acknowledges that there is no obligation or assurance, however, regarding the fact that the Venue will accept the user's requests for modification or withdrawal.
6.4. Complaints and feedback from users: In the event that the user is not satisfied with the quality of any product or service provided, he can make known his disappointment by sending an email to: info@otium-genova.it . The ratings and information on user experiences are an important part of the quality control process and will therefore be carefully checked and the user will be contacted for further information.
- ACCESS TO THE SITE
7.1. Availability of the Site: Although OTIUM endeavors to ensure that access to the Site can normally take place twenty-four hours a day (24h / 24h), OTIUM assumes no obligation in this regard and is not responsible for any against the user in the event that the Site is not available at any time or for any length of time.
7.2. Suspension of access and withdrawal : Access to this Site may be temporarily suspended at any time, even without notice, in the event of maintenance and / or for reasons that are beyond OTIUM's control. OTIUM and the user may withdraw from these Conditions with two weeks' notice (to be communicated via email). In the event of withdrawal, OTIUM will delete the user's account, subject to legal obligations.
7.3. Cyber security : Unfortunately, the transmission of information via the internet is not completely secure. Although OTIUM adopts the measures prescribed by law for the protection of the information entered, it is not able to guarantee the security of the data transmitted to the Site; the transmission is therefore carried out at the user's risk.
- ALLOWED AND PROHIBITED USE OF THIS WEBSITE
8.1. OTIUM grants the User a limited authorization to access this website and its contents and the personal and non-commercial use thereof as a support and communication resource for the sole purposes as defined on this website, to agreement to respect the copyright and protective rights notes (where existing) referring to the contents of the website.
8.2. Any other use of the website is prohibited, including use for purposes other than those mentioned above, as well as modifications, distribution, transmission and downloading of the website (with the exception of page-caching), republication or reverse engineering, without the prior written consent of OTIUM (unless such a prohibition is excluded by the applicable laws). The authorization to use the website, among other things, does not include the authorization for the resale, commercial use or distribution of the contents of the website, the collection and use of any description and price of products, support and service listing. , as well as the derivative use of this website or its content (including framing), the downloading or duplication of user information for the benefit of other businesses, any use of data mining, robots or similar tools for the collection and data extraction, any use of website content in another website, server or networked IT environment, or use of website content that suggests a link to OTIUM products, support or services unless explicitly agreed to registered between the parties.
8.3. The User is not permitted to use this website or its services that infringes the sense of these Conditions or any applicable law or regulation, or a use that causes or may cause damage, interruption or limitation of this website or its services. The User is prohibited from trying to access without authorization any part of this website or the accounts of other users or networks or computer systems connected to this website and this in any form, hacking, password mining or otherwise. The User is not allowed to collect or try to collect personal information about third parties through this website.
- COPYRIGHT ON THE CONTENT OF THIS WEBSITE
9.1. All the contents present or made available on the Site in the form, among others, of texts, images, graphics, sounds, animations, buttons, icons and videos, including the arrangement of the same, are the property of OTIUM and / or its own suppliers and licensors and are protected under applicable laws on copyright, database right and other intellectual property rights.
9.2. The User does not acquire any ownership rights over email addresses, URLs or other personal identifiers assigned to him or chosen by him for the purpose of accessing the services available on this website. The limited rights of the User regarding the use of these addresses / identifiers remain valid only as long as your registration / profile for accessing this website or the respective services remains valid. At the end of the period of validity by OTIUM, regardless of the reason, OTIUM will be free at its discretion to use or assign such an address / identifier to another user.
9.3. Unless otherwise specified, all trademarks, distinctive signs, graphic elements and logos on the Site are the property of OTIUM and / or the companies of its group and / or their suppliers and / or licensors and are protected under the applicable law.
9.4. It is not allowed to copy, modify, translate, decode, disassemble or make any other form of use without the express written consent of OTIUM.
- NO WARRANTY - SITE CONTENT AND SERVICES
10.1. All the contents and services of the website are made available "as they are" and "as available", OTIUM also excludes - to the fullest extent permitted by the laws in force - any guarantee and insurance of any kind ("guarantees") of explicit type or understood as implicitly agreed on the contents and services of the website.
10.2. OTIUM is not responsible for traffic costs that the user will incur as a result of using the Site. Before using them, it is required to check the applicable rates by the network operator. Viewing the video content transmitted by OTIUM, if any, can increase the amount of information transmitted via the mobile device and may result in the application of a tariff surcharge. The User is requested to contact their network operator for more information.
10.3. OTIUM, its suppliers and licensors will not be responsible for delays in accessing the Site and its functions that are due to malfunctions of the Internet network, unforeseeable circumstances, force majeure or in any case events beyond their control.
10.4. In relation to the processing of the User's personal data, please refer to the privacy policy on the processing of personal data of the Site, available at the following link https: //www.otium -genova.it/page/informativa-sulla-privacy
- DISCLAIMER OF LIABILITY WITH REGARD TO THE CONTENTS OF THE WEBSITE
11.1. OTIUM and the remaining persons participating in the development, production, hosting or supply of website content are not liable for direct, indirect, concrete, temporary, consequential or including compensation, including but not limited to loss. of data, lost profit, interruption of activity or loss of time resulting or for damages of any kind (including those damages caused by negligence or other infraction) caused by the use of the contents of the website or the inability to use the same.
- CHANGES TO THE WEBSITE AND THESE CONDITIONS
12.1. OTIUM and / or third party providers may undertake at any time, with or without prior announcement, changes or improvements to the products, support, services, prices and / or other contents of the website (including these Conditions). / p>
12.2. OTIUM may inform about changes to these Conditions (or to other website content) by posting on this website or other means of communication. Users who access this website after the changes have been published or otherwise communicated on this website are linked to them starting from the publication of the changes or new conditions on the website or otherwise communicated, i.e. even in the case that the User has not viewed the page on which the changes or new conditions were published. It is therefore advisable to regularly check the website and these Conditions.