This document outlines the terms and general conditions under which users are offered the use of the website www.angelfood.it that offers gluten-free and also lactose-free pastry and gastronomy products, fresh, dry, refrigerated, or frozen.

1. Definitions
   To allow for a complete understanding and acceptance of these terms and conditions, the following terms, in the singular and plural, shall have the meanings indicated below:

   • Holder: Matteo Giuseppe Panzarella, Piazza San Carpoforo, 7/9 - 23014 - Delebio (SO), Tax Code PNZMTG71R12C623Z, VAT Number 01031100140, PEC address matteo.giuseppe.panzarella@pec.it

   • Application: the website www.angelfood.it

   • Products: the products provided to the user by the Owner

   • User: any subject that accesses and uses the Application

   • Consumer User: the natural person of legal age who enters into a contract for purposes unrelated to their entrepreneurial, commercial, artisanal, or professional activities that may be carried out.

   • Non-Consumer User:  the natural person of legal age or legal entity that enters into a contract for the performance or for the needs of their own entrepreneurial, commercial, artisanal, or professional activity.

   • Conditions: this contract governs the relationships between the Owner and the Users and the sale or supply of the Products offered by the Owner through the Application.

2. Detailed information about the Application's offer
   The Application provides Users with fresh or dry pastry products, such as, but not limited to, various cookies, jarred desserts, pastry bases, ready-made sauces or creams: these products can be frozen at the source by Angel Food to extend their shelf life, or they can be dry products that can be stored at room temperature or products that require refrigeration.

3. Scope of Application of the Terms
   The use of the Application implies the User's acceptance of the Terms. If the User does not intend to accept the Terms and/or any other notice, legal disclaimer, information published or referred to therein, they will not be able to use the Application or its related services.
   The Conditions may be modified at any time.
   The applicable conditions are those in force on the date of transmission of the purchase order or request for supply of a Product.
   Before using the Application, the User is required to carefully read the Terms and save or print them for future reference.
   The Owner reserves the right to change at its discretion, at any time even after the User's registration, the graphical interface of the Application, the Contents and their organization, as well as any other aspect that characterizes the functionality and management of the Application, communicating to the User, where necessary, the relevant instructions.

4. Purchase or request for supply through the Application
   All Products offered through the Application are described in detail on their respective product pages (quality, features, availability, price, delivery times and costs, additional charges, etc.). There may be some errors, inaccuracies, or small differences between what is published on the Application and the actual Product. Furthermore, any images of the Products are for representation purposes only and do not constitute a contractual element.
   Purchases and/or requests for the supply of one or more Products through the Application are allowed for both Consumer Users and Non-Consumer Users.
   "Purchases and/or supply requests are only permitted for individuals who are of legal age. For minors, any purchase and/or supply request for Products through the Application must be reviewed and authorized by parents or those exercising parental responsibility."
   The offer of Products through the Application constitutes an invitation to offer, and the order sent by the User will be considered as a contractual proposal for purchase and/or request for supply, subject to confirmation and/or acceptance by the Owner as described below. Therefore, the Owner shall have, at their sole discretion, the right to accept or reject the User's order without the latter being able to raise any objections or complaints for any reason and/or title.
   The sales or supply contract for the Products is considered concluded with the acceptance by the Owner of the User's contractual proposal. The Owner will accept the User's contractual proposal by sending the order confirmation to the email address provided by the User or by displaying a web page of order confirmation, which will include the order date, the User's details, the characteristics and availability of the Product, the price or the method of calculating the price, any additional charges and accessory taxes, the delivery address, the delivery times and any delivery costs, the methods for exercising the right of withdrawal or its possible exclusion, and the warranty.
   The sales or supply contract for the Products shall not be considered effective between the parties in the absence of what is indicated in the previous point.
   In the event that the Product is not available, the Owner will inform the User of the new delivery or supply terms, asking whether they wish to confirm the order or not. It is understood that the contract will be considered perfected with respect to the Products accepted by the Owner.
   The User agrees to verify the accuracy of the data reported in the order confirmation and to immediately communicate any errors to the Owner and will keep a copy of their order, the related confirmation, and the Terms. 

5. Registration
   To take advantage of the features of the Application, Users must register by providing, truthfully and completely, all the data requested in the relevant registration form and fully accept the privacy policy and the Terms.
   The User is responsible for safeguarding their access credentials, which must be used exclusively by the User and cannot be transferred to third parties. The User agrees to keep them confidential and to ensure that no third party has access to them, and to immediately inform the Owner in the event that they suspect or become aware of any unauthorized use or disclosure thereof.
   The User guarantees that the personal information provided during the registration process is complete and truthful and agrees to keep the Owner indemnified and held harmless from any damage, liability for compensation, and/or penalty arising from and/or in any way related to the User's violation of the rules regarding registration to the Application or the retention of registration credentials.

6. Account cancellation and closure
   The registered User can stop using the Application at any time and deactivate their account or request its cancellation through the Application interface, if possible, or by sending a written communication to the email address info@angelfood.it or by calling customer service at the number 3923268696.
   In the event of a violation by the User of the Terms or applicable legal provisions, the Owner reserves the right to suspend or close the User's account at any time and without notice.

7. Prices and payments
   For each Product, the price including VAT, if applicable, is indicated. If the nature of the Product makes it impossible to calculate the price in advance, the methods of price calculation are indicated.
   Furthermore, all applicable taxes, additional charges, and delivery fees that may vary depending on the destination, the chosen delivery method, and/or the payment method used will be indicated. If such expenses cannot reasonably be calculated in advance, there will be an indication of which charges will be billed to the User.
   The Owner reserves the right to change, at any time, the price of the Products and any additional costs. It is understood that any price changes will not affect contracts already concluded before the change.
   The User agrees to pay the price of the Product in the times and manners indicated in the Application and to provide all necessary data that may be requested.
   The Application uses third-party tools for payment processing and does not come into contact with the payment data provided (credit card numbers, cardholder name, password, etc.).
   If such third-party instruments should deny authorization for payment, the Holder will not be able to provide the Products and cannot be held responsible in any way.

8. Billing
   The User who wishes to receive the invoice will be asked for billing information. The information provided by the User, which he declares and guarantees to be true, will be used for the issuance of the invoice, releasing the Owner from any further liability in this regard.

9. Delivery Methods for Material Products
   Material Products and/or digital goods provided on a physical medium will be delivered to the address indicated by the User, using the methods and within the timeframe chosen or indicated on the Application and reported in the order confirmation. Unless otherwise specified, the delivery times specified in the order confirmation indicate the usual time required to deliver the Product from the moment the courier takes charge.
   In the event that it is not possible to provide the requested Products, the User will be promptly notified via email, indicating when they are expected to be delivered or the reasons that make the supply impossible.
   If the User does not intend to accept the new term or the delivery has become impossible, they may request a refund of the amount paid, which will be credited promptly using the same payment methods used by the User for the purchase, no later than 14 days from the date on which the Owner became aware of the refund request.
   Upon receipt of the Product, the User is required to verify its compliance with the order placed as well as the integrity of the packaging. In the event of visible damage to the packaging and/or the Product, the User may refuse delivery of the Product and may return it at no cost to themselves. Once the delivery document has been signed, the User may not raise any objections regarding the external characteristics of the delivered Products.
   The Owner shall not be liable to any party or third parties for damages, losses, and costs incurred as a result of the non-performance of the contract due to force majeure.

10. Exclusion of the right of withdrawal for Non-Consumer Users
    The Non-Consumer User is not granted the right of withdrawal from the sales or supply contract of the Products. The User expressly acknowledges that the indication of a VAT number in the order automatically qualifies them as a Non-Consumer User, for whom the right of withdrawal is not provided. 

11. Exclusion of the Consumer User's right of withdrawal
    The right of withdrawal from the sales or supply contract of the Products by the Consumer User is excluded with respect to:

    • to the supply of Products that are at risk of deteriorating or expiring quickly

    • to the supply of sealed Products that are not suitable for return for hygiene reasons or related to health protection and have been opened after delivery

12. For further clarification, please contact the Owner at the email address info (at) angelfood.it or by calling customer service at the number +39 3923268696.

13. Warranty of Material Products for Non-Consumer Users
    In relation to Material Products, Non-Consumer Users will be subject to the warranties for defects in the sold item, the warranty for promised and essential quality defects, and the other warranties provided by the civil code with the related terms, expirations, and limitations (Articles 1490 and following of the civil code).

14. Warranty of conformity of material Products for Consumers
    The legal warranty of conformity, provided for by Articles 128-135 of the Consumer Code, is recognized for all Products sold through the Application that fall within the category of "consumer goods," as regulated by Article 128, 2nd paragraph of the Consumer Code: any movable goods, even to be assembled, except i) goods subject to forced sale or otherwise sold according to other methods by judicial authorities, even through delegation to notaries, ii) water and gas, when not packaged for sale in a limited volume or in a determined quantity, iii) electricity.
    The legal warranty of conformity is reserved for Consumers only.
    The Owner is obliged to deliver to the Consumer User Products that conform to the sales contract. Products are presumed to be in conformity with the contract if, where applicable, the following circumstances coexist:

    • they are suitable for the use for which goods of the same type are usually intended

    • they conform to the description made by the Owner and possess the qualities of the good that the seller has presented to the Consumer User as a sample or model

    • "they present the usual quality and performance of a good of the same type, which the Consumer User can reasonably expect, taking into account the nature of the Product and, if applicable, the public statements regarding the specific characteristics of the Products made in this regard by the Owner, the manufacturer, or their agent or representative, particularly in advertising or on labeling."

    • "they are also suitable for the particular use desired by the Consumer User and that has been made known to the Owner at the time of the conclusion of the contract and that the Owner has accepted also through conclusive facts."

15. Therefore, excluded from the scope of the conformity warranty are any faults or malfunctions caused by accidental events or by the Consumer User's responsibility, or by use of the Product that is not in accordance with its intended use and/or with what is provided in the attached technical documentation.
    The conformity defect that manifests within 24 months from the date of delivery of the Product must be reported within 2 months following the date of discovery of the defect.
    Unless proven otherwise, it is presumed that any conformity defects that manifest within 6 months from the delivery of the Product existed at that date, unless this assumption is incompatible with the nature of the Product or the nature of the conformity defect. After 6 months, it will be the Consumer User who must provide evidence that the damage was not caused by incorrect or improper use of the Product.
    Pursuant to Article 130 of the Consumer Code, in the event of a lack of conformity of the Product, the Consumer User has the right to restore the conformity of the Product, at no cost. To this end, the Consumer User may choose between the repair of the Product or its replacement.
    This right of choice cannot be exercised if the requested remedy is objectively impossible or excessively burdensome. Furthermore, the Consumer User is entitled to an appropriate reduction in price or to the termination of the contract only if one of the following situations occurs: i) repair and replacement are impossible or excessively burdensome; ii) the Holder has not carried out the repair or replacement within a reasonable time; iii) the replacement or repair has caused significant inconvenience to the Consumer User.
    If the Consumer User intends to take advantage of the remedies provided by the conformity guarantee, they must send a written communication to the email address info@angelfood.it or by calling customer service at the number 3923268696.
    The Owner will promptly respond to the communication of the alleged conformity defect and will indicate to the Consumer User the specific procedure to follow, also taking into account the product category to which the Product belongs and/or the reported defect.

16. User Submitted Content
    The User may upload Content to the Application, provided that it is not illegal (i.e., obscene, intimidating, defamatory, pornographic, abusive, or otherwise illegal or violates the privacy, intellectual property rights and/or industrial rights of the Owner and/or third parties), misleading, or otherwise harmful to the Owner and/or third parties, or does not contain viruses, political propaganda, commercial solicitation, mass emails, or any other form of spamming. In the event of a dispute from third parties, the User assumes full responsibility and agrees to indemnify and hold the Owner harmless from any damage, loss, or expense.
    The User guarantees that the Content is submitted to the Application through their account by individuals over the age of majority. For minors, the submission of Content must be reviewed and authorized by parents or guardians.
    The User is fully and exclusively responsible for the use of the Application with regard to the functions of publishing, consulting, managing Content, and contacting other Users, and is therefore the sole guarantor and responsible for the accuracy, completeness, and legality of the Content and their own behavior.
    "It is prohibited to use an email address that does not belong to the User, to use the personal data and credentials of another User in order to impersonate them, or to otherwise misrepresent the origin of the Content."
    The Owner is not able to ensure precise control over the Content received and reserves the right at any time to delete, move, or modify those that, in its discretionary judgment, appear illegal, abusive, defamatory, obscene, or infringing on copyright and trademarks or, in any case, unacceptable.
    Users grant the Owner a non-exclusive right to use the Content submitted, without geographical limitations. The Owner may therefore, directly or through trusted third parties, use, modify, copy, transmit, extract, publish, distribute, publicly perform, disseminate, create derivative works, host, index, store, annotate, encode, modify and adapt (including without limitation the right to adapt for transmission by any means of communication) in any form, any Content (including images, messages, including audio and video) that may be submitted by the User, even through third parties.
    The submitted Content will not be returned and the Owner will not be liable to Users for the loss, modification, or destruction of the transmitted Content.
    "It is expressly prohibited, unless explicitly authorized by the Owner: i) the use of automatic ad loading systems, except those expressly authorized, ii) the serial publication and/or management of ads on behalf of third parties by any means or method, iii) reselling the Owner's services to third parties."

17. Industrial and Intellectual Property Rights
    The Holder declares to be the owner and/or licensee of all intellectual property rights related to and/or pertaining to the Application and/or the Content available on the Application. Therefore, all trademarks, figurative or nominative, and all other signs, trade names, service marks, denominative trademarks, commercial names, illustrations, images, logos, content related to the Application are and remain the property of the Holder or its licensees and are protected by the applicable trademark laws and relevant international treaties.
    The Conditions do not grant the User any license to use the Application and/or individual content and/or materials available therein, unless otherwise provided.
    Any reproductions in any form of the explanatory texts and the Contents of the Application, if not authorized, will be considered violations of the intellectual and industrial property rights of the Owner.

18. Exclusion of warranty
    The Application is provided "as is" and "as available" and the Owner makes no explicit or implicit warranty regarding the Application, nor does it provide any warranty that the Application will meet the Users' needs or that it will never be interrupted or will be error-free or that it will be free of viruses or bugs.
    The Owner will strive to ensure that the Application is available continuously 24 hours a day, but cannot in any way be held responsible if, for any reason, the Application is not accessible and/or operational at any time or for any period. Access to the Application may be temporarily suspended and without notice in the event of system failure, maintenance, repairs, or for reasons entirely beyond the control of the Owner or due to force majeure events.

19. Limitation of Liability
    The Owner shall not be held liable to the User, except in cases of willful misconduct or gross negligence, for disruptions or malfunctions related to the use of the internet network beyond its own control or that of its suppliers.
    The Owner shall also not be liable for damages, losses, and costs incurred by the User as a result of the non-performance of the contract for reasons not attributable to him, with the User having the right only to the possible full refund of the price paid and any ancillary charges incurred.
    The Owner assumes no responsibility for any fraudulent and illegal use that may be made by third parties of credit cards and other payment methods, as it does not come into contact in any way with the payment data used (credit card numbers, cardholder name, password, etc.).
    The Owner shall not be responsible for:

    • any potential loss of business opportunities and any other loss, even indirect, that the User may suffer which is not a direct consequence of the breach of contract by the Holder

    • incorrect or unsuitable use of the Application by Users or third parties

    • the issuance of incorrect tax documents or data due to errors related to the data provided by the User, the latter being the sole responsible for the correct entry

20. In no case the Holder shall be held liable for an amount exceeding double the cost paid by the User.

21. Force majeure
    The Holder shall not be held responsible for the failure or delay in fulfilling its obligations due to circumstances beyond the reasonable control of the Holder caused by force majeure events or, in any case, by unforeseen and unpredictable events and, in any case, independent of its will.
    The fulfillment of obligations by the Holder shall be considered suspended for the period during which force majeure events occur.
    The Holder will take any action within his power in order to identify solutions that allow for the proper fulfillment of his obligations despite the persistence of force majeure events.

22. Links to Third-Party Sites
    The Application may contain links to third-party sites/applications. The Owner has no control over them and, therefore, is in no way responsible for the content of these sites/applications.
    Some of these links may redirect to third-party sites/applications that provide services through the Application. In these cases, the general terms for the use of the site/application and for the enjoyment of the service prepared by the third parties will apply, for which the Owner assumes no responsibility.

23. Privacy
    The protection and processing of personal data will take place in accordance with the Privacy Policy, which can be consulted on the page privacy policy.

24. Applicable law and competent court
    The Terms are subject to Italian law.
    For Consumer Users, any dispute regarding the application, execution, and interpretation of these Conditions shall be submitted to the court of the place where the Consumer User resides or has elected domicile, if located within the territory of the Italian State, without prejudice to the right of the Consumer User to appeal to a judge other than that of the "consumer court" pursuant to Article 66 bis of the Consumer Code, competent by territory according to one of the criteria set out in Articles 18, 19, and 20 of the civil procedural code.
    "The application to Consumer Users who do not have their habitual residence in Italy of any more favorable and mandatory provisions provided by the law of the country in which they have their habitual residence is preserved, particularly in relation to the deadline for exercising the right of withdrawal, the deadline for returning the Products, in the event of exercising such right, the methods and formalities for communicating the same, and the legal warranty of conformity."
    For Non-Consumer Users, any dispute regarding the application, execution, and interpretation of these Terms shall be submitted to the court of the place where the Owner is based.

25. Online Dispute Resolution for Consumer Users
    The Consumer User residing in Europe should be aware that the European Commission has established an online platform that provides an alternative dispute resolution tool. This tool can be used by the Consumer User to resolve any dispute related to and/or arising from contracts for the sale of goods and the supply of services concluded online in a non-judicial manner. Consequently, the Consumer User can use this platform for the resolution of any dispute arising from the contract concluded online. The platform is available at the following address: ec.europa.eu/consumers/odr/

     

Data 16/08/2019