GENERAL CONDITIONS OF SALE
The Seller (as defined below) invites the Customer (as defined below) to carefully read the Conditions (as defined below) which, following their acceptance by the Customer, constitute, together with the Order (as defined below) and to the Order Confirmation (as defined below), the Contract (as defined below) binding for the use of the Website (as defined below) and for the purchase and sale of Products (as defined below) and/or Gift Cards (as defined below) available there; the Customer is also invited to print the Conditions and/or save them on another durable medium chosen by the Customer.
1. Premise
These Conditions apply to all Products and/or Gift Cards purchased by the Customer through the Seller's Website and according to the procedures indicated therein.
The purchase of Products and/or Gift Cards on the Website can be made after registering on the Website or in "guest" mode.
Registration on the Website is free.
To register on the Website, the Customer must complete the appropriate form, inserting their name, surname, title, an email address and a password and clicking on "Register".
Successful registration on the Website will be confirmed to the Customer by means of a specific email.
Registering on the Website by opening a personal account called "My Account" allows the Customer to:
- consult the status of their Order online and check the "history" of the orders placed (specifically, by clicking on the number of each order placed, it is possible to check the complete details of the Order, including the Product details and/or type of Gift Card selected, shipping address and billing address);
- follow the shipment tracking directly from the order history;
- manage their personal data and update it at any time;
- access the after-sales service more quickly, by entering "online reports" directly from their order history.
Furthermore, by accessing their personal area ("My Account"), it is always possible to:
- manage the information relating to their personal profile (in particular, it is possible to change the password for access to the private area);
- change the data relating to the shipping or billing address and/or add new shipping addresses;
- modify the status of their subscription to the Newsletter and/or revoke one or more privacy consents, including those acquired during registration at any time.
2. Definitions
For the purposes of the Conditions, the following definitions apply:
"Retail Customer" means the natural person of age who acts for purposes unrelated to any entrepreneurial, commercial, craft or professional activity carried out.
"Corporate Customer" means the natural person of age and/or legal person who acts in the exercise of their business, commercial, craft or professional activity.
"Customer"means the Retail Customer and/or the Corporate Customer.
"Access Codes" means the user id and password necessary for access to the private area of the Website.
"Municipalities Served" means the municipalities in whose respective territory the Seller will deliver the Products and specifically the municipalities of:
-Milan; as well as
-the neighbouring areas within a radius of 26 kilometres, calculated starting from the Alia Premises (as defined below) up to the place of delivery indicated in the Order.
"Conditions" means these general conditions of sale to the Customer.
"Confirmation of Receipt" means the automatic message that the Customer will see on the
Website once the Order is sent, which the Customer is notified with
for the acceptance of the Order (the formula will be: "Order sent
successfully" or similar).
"Order Confirmation" means the communication sent by the Seller to the Customer (to the email address indicated by the latter at the time of the Order), to communicate the Products and/or Gift Cards (and the relevant quantities) that will be delivered to the Customer and/or the Third-Party Beneficiary (as defined below), their Price (as defined below) per Product and/or per Gift Card and the Total Price of the Products and/or Gift Cards, any Delivery costs (as defined below) and other costs/taxes due, the methods by which the Customer can pay the amount due, as well as the Conditions.
"Contract" means the contractual agreement that will be formed, in the terms and in the manner established below, between the Customer and the Seller and which will consist of the Conditions, the Order and the Order Confirmation.
"Delivery Costs" means the costs - which are available and can be seen in the "Shipping Costs and Methods" section - that the Customer must pay to the Seller for the delivery of the Products and/or Gift Cards ordered, which may vary in relation to the destination, weight/volume and/or the chosen delivery method.
"Legal Guarantee" means the legal guarantee of conformity provided for by Article
128-135 of Legislative Decree No 206 of 6 September 2005 (the
"Consumer Code"), which is only applicable to Retail Customers.
"Gift Card" means any voucher in paper and/or plastic format - available in the fixed amounts provided on the Website - that can be used by the Customer and/or by the Third-Party Beneficiary for consumption of an aperitif and/or brunch and/or a dinner at the Alia Premises.
"Alia Premises"means the premises managed by the Seller located in Milan, Via dei Giardini 2, Via Croce Rossa 2, Via Gastone Pisoni 1.
"Order" means the list of Products and/or Gift Cards published on the Website that the Customer has selected from those available there and placed in the appropriate cart, with indication of the quantities of each of the Products and/or Gift Cards, the total amount to be paid with details of the Price, Delivery Costs (where due), as well as any other indication requested by the Seller (delivery address in one of the Municipalities served, in the Territory, tax code, etc.).
"Party" means, depending on the context, the Customer or the Seller.
In the plural, "Parties", it means the Customer and the Seller jointly.
"Price" means the sale price - expressed in euros and inclusive of VAT (where due) - of each of the Products and/or Gift Cards.
"Products" means the food and/or drinks (alcoholic and/or non-alcoholic) offered for sale on the Website based on the Conditions.
The Seller has the right to add or delete the Products available on the Website at will and without notice.
"Withdrawal" means the Customer's right of withdrawal as detailed in Article 9 of the Conditions.
"Website" means the Seller's Website published at the URL http://www.delivery.armanirestaurants.com or any other URL that may be used in the future by the Seller. The private area of the Website is accessible through the appropriate "button" placed there.
"Territory" means the entire national territory and the Republic of San Marino.
"Third-Party Beneficiary" means the recipient of the Gift Card purchased by the Customer.
"Seller" means the company Alia S.r.l., with registered office in Milan, Via Borgonuovo No 11, Fully paid-up share capital 50,000.00 euros, Business Register Milan- Monza Brianza- Lodi and Tax Code 10284680963 and Group VAT number 10985020964, telephone 02-62312680 (Emporio Armani Caffè and Emporio Armani Ristorante) - 02-62312645 (Nobu Milan), certified email alia.amministrazione@pec.giorgioarmani.it
3. Order - Confirmation of Receipt - Order Confirmation - Order refusal.
3.1 The publication of the Products and/or Gift Cards indicated on the Website constitutes an
invitation to the Customer to formulate a contractual purchase proposal to the Seller.
3.2 The purchase of the Products may be subject to meeting a minimum purchase order.
3.3 The Customer who intends to buy one or more Products and/or Gift Cards must select them one at a time, indicating the relevant desired quantity and thus forming a list of Products and/or Gift Cards which, at the end of the procedure, will constitute the Order that will be sent electronically to the Seller.
The Order sent by the Customer has the value of a contractual proposal. Once the procedure is completed, the Confirmation of Receipt will be displayed on the Website.
3.4 The quantity of each of the Products and/or Gift Cards indicated in the Order is intended as the maximum quantity and the Seller is therefore permitted to deliver quantities lower than that indicated in the Order in the event the Products and/or Gift Cards are unavailable. In the latter case, the Seller will charge the Price for the quantities of Products and/or Gift Cards actually delivered and will be released from any further obligation with regard to the missing quantities.
In the event that the Product and/or Gift Card is not available, the Seller will notify the Customer of the new delivery or supply terms, asking if they intend to confirm the Order or not. It is understood that the contract will be considered finalised for the Products and/or Gift Cards accepted by the Seller.
3.5The Contract between the Parties will be finalised, without prejudice to the provisions of Article 3.4 of the Conditions, at the time of the Order Confirmation, provided that the entire procedure has been completed regularly and correctly without any error message from the Website and/or the Seller's computer system appearing. In the event of irregularities in the procedure or any other circumstance that prevents the completion of the Contract, even if in the presence of the Confirmation of Receipt, the Seller will promptly notify the Customer (by telephone, email, WhatsApp message or SMS, etc...) that the Contract has not been finalised and that the Products and/or Gift Cards ordered will not be delivered.
3.6 The Seller reserves the right to refuse Orders from Customers where there is a dispute
(even non-judicial) relating to a previous Order.
4. Products
4.1 The Products that can be purchased on the Website are described in detail (quality, characteristics, price, allergens, etc.) in the relevant product pages (the "Product Sheet").
The illustrative photographs of the Products and/or packaging of the Products are purely representative and their sole purpose is to present the Products and/or related packaging.
Consequently, the Seller declines all responsibility and does not provide any guarantee with reference to the correspondence of the graphics of the Products published on the Website and that of the Products delivered.
4.2 The Seller will in no way be responsible for the temporary or definitive unavailability of one or more Products indicated on the Website. The provisions of Article 3.4 remain valid in case one or more of the Products are unavailable at the time of the Order.
4bis Gift Card
4bis.1.1 The Gift Cards that can be purchased on the Website, and which are available in the fixed amounts provided on the Website, can be used by the Customer and/or Third-Party Beneficiary exclusively for consumption of a brunch and/or an aperitif and/or dinner at the Alia Premises.
The Gift Card
(i)is not nominative but bears a numerical code that uniquely associates it with the holder of the Gift Card;
(ii)it is non-refundable and not redeemable for cash;
(iii)it cannot be recharged and will be usable entirely and for one time only for an equal or greater amount, in the latter case integrating its use with the other forms of payment accepted by the Alia Premises;
(iv)it is valid for 6 (six) months from the date of purchase by the Customer; after the expiry date, the Gift Card cannot be further used and any credit present in the Gift Card will not be refunded.
4bis.1.2 The Customer may purchase one or more Gift Cards for themselves or give it/them to a Third- Party Beneficiary.
If the Customer intends to purchase the Gift Card to give it to a Third-Party Beneficiary, they must check the appropriate box "give it to a friend" on the relevant product sheet.
4bis.1.3 The Gift Card will be delivered to the address on the Order. The Customer is warned and declares that they are aware that incorrectly indicating the delivery address of the Customer and/or the Third-Party Beneficiary to whom the Gift Card is to be sent, indicated by the Customer during the Gift Card purchase process, will result in it being impossible for the Customer and/or the Third-Party Beneficiary to receive and use the Gift Card itself, without any liability being attributed to the Seller.
4bis.1.4 In reference to the purchase and use of the Gift Card, except as specifically provided by this
Article 4bis and with no exception being specified in that article, the general contractual provisions established in the other articles of these general contractual conditions are applicable.
5. Prices - payment methods - non-payment and termination of the Contract
5.1All the Prices of the Products and/or Gift Cards are displayed and indicated on the Website.
5.2 The Prices indicated on the Website at the time the Order is sent will be used by the Seller for calculating the total amount due from the Customer, without considering any price increases or decreases that occur after sending the Order and before the invoice is issued by the Seller.
5.3 The issuance of the fiscal document (e.g. receipt, invoice or fiscal receipt) by the Seller will be carried out on the basis of the information provided by the Customer at the time of the Order, charging the Price of the Products and/or Gift Cards and the related Delivery Costs (if due). No changes will be possible after the fiscal document itself is issued.
5.4 The payment of the Price of the Products and/or Gift Cards must be made exclusively by credit cards on the international network, by way of example and not limited to, American Express, Diners, Visa and CUP.
At no time will the Seller become aware of information regarding the credit card, which will be managed through the financial intermediary via a secure connection. The Seller therefore declines any liability deriving from illegitimate or fraudulent use of credit cards by third parties.
With the online transaction, the reference bank authorises only the commitment of the amount relating to the purchase made. The amount will actually be charged to the Customer's credit card only after the Order Confirmation.
If the Order is not fulfilled, either for non-acceptance by the Seller or for possible cancellation by the Customer, the Seller will proceed to the immediate request for cancellation and/or refund of the committed amount.
In the event of non-payment of the amount brought by the fiscal document, at the latest at the time of delivery, the Contract will be automatically terminated by law and the Customer must immediately pay the Seller, as a penalty, the Delivery Cost for the Products and/or Gift Cards, as well as that of Products and/or Gift Cards that can no longer be sold to third parties.
The Seller may ask the Customer to pay the amount due under this paragraph before proceeding with the delivery of Products and/or Gift Cards following new Orders.
6. Delivery - pick up in store; inspection, detection of defects in the packaging of the Products and differences in the quantity of Products delivered with respect to the Order.
6.1 The Seller will deliver the Products and/or Gift Cards to the Customer and/or the Third-Party Beneficiary to the address on the Order.
The delivery address must be included (i) in the territory of the Municipalities served for the Products; and (ii) in the Territory for Gift Cards.
The Seller declines all responsibility for the non-delivery of the Products and/or Gift Cards deriving from causes dependent on failure to collect, incorrect or incomplete address entered by the Customer or other causes not dependent on the Seller’s action or omission.
The delivery of the Products will be made only in the Municipalities Served in the manner and within the terms chosen and/or indicated on the Website and reported in the Order Confirmation by the Seller.
The delivery of the Gift Cards will be made only in the Territory in the manner and within the terms chosen and/or indicated on the Website and reported in the Order Confirmation by the Seller.
Unless otherwise specified, the delivery terms specified in the Order Confirmation indicate the period of time usually necessary to deliver the Product and/or the Gift Card from the moment the courier picks up the item(s).
6.2. Without prejudice to the provisions of the previous Article 6.1, the Customer or the person appointed by the latter (the "Delegate") has the possibility, if indicated, to collect the Products and/or the Gift Card directly from the Alia Premises, at their own care and expense and without Delivery costs, by making an express request in the Order.
To collect the Products and/or the Gift Card, the Customer or their Delegate or the Third-Party Beneficiary must show the Order Confirmation to the Seller.
In this case, the deadline for withdrawal referred to in the following Article 9, if any, will start from the day the Product and/or the Gift Card is picked up by the Customer or its Delegate or Third-Party Beneficiary, or from the day on which the Customer or its Delegate or Third-Party Beneficiary should have taken the Products and/or Gift Card being delivered.
6.3 In the event that it is not possible to provide the Products and/or the Gift Card requested, the Customer will be promptly notified (by telephone, email, WhatsApp message or SMS, etc.), with an indication of when it is expected that it will be possible to deliver them and the reasons that make the sale impossible.
6.4 In the event that the Customer does not intend to accept the new deadline or the delivery has become impossible, they may request a refund of the amount paid, which will be promptly credited in the same payment methods used by the Customer for the purchase. This will be within 14 days from the date when the Seller became aware of the refund request, at the latest.
6.5 The Seller is in no way responsible for direct or indirect damages, costs, charges or expenses caused directly or indirectly by non-delivery or delayed delivery of the Products and/or Gift Cards due to events or causes of force majeure or unforeseeable circumstances, strikes (of its employees and/or agents and/or collaborators and/or those of third parties), accidents to means of transport, road unavailability, adverse weather conditions, natural disasters and/or similar events/circumstances.
6.6 Upon delivery and/or collection of the Products and/or Gift Cards, the Customer or their Delegate or the Third-Party Beneficiary will be required to verify that the packaging is intact, not damaged or otherwise altered. Any damage to the packaging and/or the Products and/or the Gift Cards must be immediately contested by the Customer and/or by their Delegate and/or by the Third-Party Beneficiary by placing an acceptance under reservation in writing on the carrier's delivery document and specifying the reason for the reservation (by way of example and not limited to "Packing with holes", "Packing tampered with").
7.Warranties and Liability.
The Seller guarantees (i) the compliance of the Products sold on the Website with the hygiene-food legislation on food and beverages, including the application of the HACCP protocol, as well as the legislation on labelling, packaging and anything else required by current legislation with regard to the sale of food products (ii) compliance with the cold chain and all quality and compliance standards relating to the Products up to the time of their delivery to the Customer.
Any risk connected to the Products and/or Gift Cards, including that of loss or damage to them, will be transferred to the Customer or their Delegate or to the Third-Party Beneficiary at the time of delivery.
Therefore, any liability of the Seller relating to the poor state of storage of the Products and/or Gift Cards due to improper storage subsequent to the time of delivery is expressly excluded.
The Seller recognises the Legal Guarantee for the category of food and beverage products on all Products offered for sale on the Website for Retail Customers, who must provide proof of the date of purchase and delivery of the Products.
For each Product purchased by a Corporate Customer, the latter will benefit from the guarantee for defects in the item sold pursuant to Article 1490 et seq. of the Italian Civil Code.
8. Privacy
Please refer to the Privacy Policy section of the Website.
9. Right of Withdrawal
a. Grounds for excluding the right of withdrawal
Pursuant to Article 59, paragraph 1, letter d) and e) of the Consumer Code, the right of withdrawal is excluded with respect to:
a) goods purchased by a Corporate Customer, in accordance with the provisions of Article 3, paragraph 1, letter (c) of the Consumer Code and/or that require an invoice;
b) goods that are likely to deteriorate or expire rapidly; and
c) sealed goods which are not suitable to be returned for hygienic reasons or related to the protection of health if such goods were unsealed after delivery.
With reference to the cases where the right of withdrawal cannot be exercised as specified above, the Retail Customer, in particular, is informed and agrees that the products that "are liable to deteriorate or expire rapidly" shall include all food products (including wines, spirits and drinks), seeing as the characteristics and the quality of these types of products are subject to alteration, as well as a consequence of incorrect storage. Therefore, for hygienic reasons and to protect Customers, the right of withdrawal is only applicable to Products purchased through the Website that can be returned to the Seller intact with the respective seal and put back on the market without endangering the consumers' health.
b. Exercising the right of withdrawal
Without prejudice to the cases indicated in the previous paragraph 9 letter a), the Retail Customer will have the right to exercise the right of withdrawal, pursuant to Article 52 et seq. of the Consumer Code, in relation to (i) specific Products provided that these have not been opened or their seals altered after delivery and/or (ii) Gift Cards, provided that the latter have not been partially or fully used.
In cases where exercising the right of withdrawal is permitted, the Retail Customer has the right to withdraw from the Contract, even partially, without the need to provide any explanation and without any penalty, by notifying the Seller, under penalty of forfeiture within 14 (fourteen) days from receipt/delivery of the Products and/or the Gift Card.
This communication must be sent by registered letter with acknowledgment of receipt, addressed to Alia S.r.l., Via Borgonuovo No 11, Milan, or by certified email at alia.amministrazione@pec.giorgioarmani.it
In order to facilitate the exercise of the right of withdrawal, the Seller provides the Retail Customer with a specific form to be used for communicating the withdrawal, which can be downloaded directly from the Website.
The Retail Customer must return, at their own care and expense, the Products and/or Gift Cards for which they have exercised the right of withdrawal referred to in this paragraph (b) by sending them to the Seller (to the postal address indicated in Article 1 under "Seller") within 14 (fourteen) days of receipt, provided that the Products:
(a) are returned in their entirety;
(b) have not been used or damaged;
(c) are returned in their original packaging;
(d) are returned in a single shipment.
In the case of exercising the right of withdrawal in accordance with this paragraph (b), and provided that the Products and/or Gift Cards subject to the withdrawal have been returned (or, at least, the relevant shipment has been carried out by the Retail Customer in the terms and in the manner described above), the Seller will reimburse the Retail Customer the amount paid by the Retail Customer for the Products and/or the Gift Cards for which they have exercised the right of withdrawal within 14 (fourteen) days following the day when the Seller received the notice of withdrawal. This will be net of any Delivery Costs and any decrease in value of the Products returned with packaging handled in a way that is different from that which is necessary to understand the nature and characteristics of the Product contained therein or altered or damaged.
In case of withdrawal exercised in reference to a Gift Card purchased as a gift for a Third Party, the latter will receive an email informing them of the Gift Card's deactivation as a result of the Retail Customer exercising the right of withdrawal.
10. Website, suspension and cancellation of the Customer's account
10.1 The Website consists of a public part, accessible to any Customer, and a private part, accessible only by the Customer who possesses the Access Codes.
10.2 The Customer undertakes to keep the Access Codes with the utmost care in order to avoid their unauthorised use. The Customer exempts the Seller from any liability in the event of fraudulent use of the Access Codes by third parties or otherwise unauthorised persons. The Customer also undertakes to immediately inform the Seller in the event that they suspect or become aware of their improper use or undue disclosure.
10.3 Access to the private area of the Website implies acceptance of the rules of use and operation of the Website.
10.4The Seller makes reasonable efforts to ensure the correctness and completeness of the information and data available relating to the Products and/or Gift Cards indicated on the Website.
10.5 The content of the Website is protected by applicable industrial and intellectual property laws. The reproduction of information or data and, in particular, of texts or parts of texts or graphic elements of the Website therefore require the prior written consent of the Seller.
10.6 In the event of serious breaches by the Customer (by way of example but not limited to: failure to pay the amounts due to the Seller for Products purchased, incorrect use of the procedure for sending the Order), the Seller may, by giving prior written notice to the Customer, suspend the Customer's account by disabling the Access Codes to the private area of the Website. Reactivation of the account will be carried out at the discretion of the Seller.
10.7 If the serious breaches persist and the Customer does not remedy them within a reasonable period, this reasonable period being understood to mean 15 (fifteen) days from the suspension of the account, the Seller may permanently cancel the Customer's account, definitively deleting the Access Codes.
10.8 In none of the aforementioned cases (suspension and/or cancellation) will the Customer be entitled to any compensation or indemnity.
11. Applicable law, alternative dispute resolution and competent court
11.1 These Conditions and, in general, the Contract are governed by Legislative Decree 206/2005 relating to the protection of consumers in respect of distance contracts and by Legislative Decree No 70 of 9 April 2003, implementing the European Directive on Electronic Commerce No 2001/31/EC, together with any other applicable law and regulation (hereinafter the "Applicable Law").
11.2 The Seller informs the Retail Customer, pursuant to Article 141-sexies, third paragraph of the Consumer Code, that if it is not possible to resolve a dispute between the Retail Customer and the Seller following a complaint presented directly by the Retail Customer, the Seller will inform them about the competent Alternative Dispute Resolution bodies (ADR) that resolve such disputes out of court, specifying whether or not it intends to use the aforementioned bodies to resolve the dispute.
11.3 The Seller informs the Retail Customer that, pursuant to Regulation (EU) No 524/2013, a European ODR platform (an "ODR platform") was established to facilitate the out-of-court resolution of disputes arising between Customers and Professionals that concern contractual obligations deriving from sales contracts or online services between a Customer resident in the Union and a Professional established in the Union. This ODR platform, which the Retail Customer can use to resolve any disputes that may arise with the Seller, can be consulted via the internet address https://ec.europa.eu/consumers/odr/.
Regardless of the outcome of the out-of-court settlement procedure for the dispute that may be established, the right of the Retail Customer to refer to the judicial authority of their place of residence or domicile remains nonetheless.
Disputes with Retail Customers residing outside the Italian territory are devolved to the jurisdiction of the Court of Milan, as the judge of the location where the Contract is executed.
11.4 For any dispute that may arise regarding the application, interpretation and execution of the Contract, the Court of Milan will be exclusively competent if the Contract is concluded with a Corporate Customer.
11.5 In accordance with the law, for disputes arising in relation to the execution or interpretation of this contract between the Seller and the Retail Customer, the Court of the place of residence of the Retail Customer and related mediation bodies will be those that have jurisdiction, as provided for by the Applicable Law.
For disputes arising with Corporate Customers, the Court of Milan is competent.
12. Changes to Conditions
12.1 The Seller reserves the right to modify these Conditions at its discretion.
12.2 Any changes to these Conditions will be effective from the moment of their publication on the Website and will never have effects on Contracts already concluded at the time of such publication.
13. General Provisions
13.1 The Contract constitutes the entire agreement between the Parties regarding the subject of the Contract itself and replaces all verbal or written agreements, previous communications or agreements between the Parties.
13.2 The invalidity or ineffectiveness of one or more provisions of the Conditions and/or the Contract will not result in the invalidity or ineffectiveness of the Conditions and/or the Contract, which will continue to have full validity and effectiveness.
13.3 The tolerance by one of the Parties of breaches to the Contract will never constitute a waiver to assert those or future breaches.