Terms & Conditions
Hello and welcome to eataliano.lu. This website is operated by Eataliano, S.à r.l.-S. Throughout the site, the terms ”Eataliano”, “we”, “us” and “our” refer to Eataliano, S.à r.l.-S. Eataliano S.à r.l.-S offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
SECTION 1 - GENERAL CONDITIONS
By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service. Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to refuse service to anyone for any reason at any time. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 2 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your country of residence, or that you are the age of majority in your country of residence and you have given us your consent to allow any of your minor dependents to use our website eataliano.lu.
SECTION 3 - PRODUCTS OR SERVICES
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to the below REFUNDS AND EXCHANGES POLICY (SECTION 7). We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate. All descriptions of products or product pricing are subject to change at any time without notice and at the sole discretion of us. We reserve the right to discontinue any product or service at any time. Any offer for any product or service made on this site is void where prohibited. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service. The products presented on the site are generally available. It is however possible that a product is out of stock. This missing product will then be deducted from the global order and will not be charged. Eataliano will do what is possible to ensure that the majority of products are always available. Adding a product to the basket does not mean an automatic order validation, because the product may become unavailable during the time from adding it to the basket to the final submission of your order. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected. We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or Services.
SECTION 4 - PRICES AND DISCOUNT VOUCHERS
Prices shown on the site eataliano.lu include VAT. Delivery costs depend on the total order amount. If there are, these are clearly stated in your basket. If you will take part in “The Olive Oil Project” we reserve the right to request a pre-acceptance to withdraw the amount of cash of your order from your credit card, once the project will have reached its goal. Except for display errors, we guarantee the prices shown on our website. Eataliano cannot be held responsible for any display error. In case of a refund, promotional deal, or other, we will provide you with discount vouchers. These discount vouchers have the same value displayed on it and can be used to buy products on our website. Discount vouchers cannot be transferred, neither converted nor paid out in real money. The discount vouchers do not expire, unless differently mentioned on the voucher itself.
SECTION 5 - ORDERS AND PAYMENTS
After placing an order on our standard order form, you will receive an email from us acknowledging the well receipt of the order. Please note that this does not mean that the order has been accepted. The order constitutes an offer to us to buy products through a one time purchase. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the product has been dispatched. We will not be obliged to supply any other products which may have been part of your order until the dispatch of such products has been confirmed in a separate dispatch confirmation email. Payments are made by credit card, PayPal, Digicash or bank transfer. We provide you access to the online payment system PayPal, a secure and certified payment system that protects against the risk of fraud and that guarantees the confidentiality of credit card numbers by cryptology procedures. PayPal is responsible for the security of the cardholder data. Eataliano, S.à r.l.-S does not store any cardholder data neither in paper nor electronic form. Payment for all Products and Services must be by credit card, Paypal, Digicash or bank transfer. As credit card payments, we accept payments with Visa or Mastercard. The order will be accepted by the system after verification of the credit card. It is therefore up to you to check the type of the credit card and its validity.
SECTION 6 - DELIVERIES
Eataliano only delivers within the country of Luxembourg. During registration, you can choose the address he would like the products to be delivered to, as long as this is a valid physical address and within the borders of the Grand Duchy of Luxembourg. We generally deliver within two to three business days. Eataliano may not be held responsible for delays in delivery or non-delivery. In case of delays, we will get in contact with you and provide you with the possibility to defer or cancel all or part of your order. In the case of a cancellation due to non-delivery, Eataliano then reimburses the full amount of the order. In the case of an error in your address during the initial capture of data at the registration, Eataliano cannot be held responsible for the inability to deliver the ordered goods.
SECTION 7 - REFUNDS AND EXCHANGES
Our policy lasts 15 (fifteen) calendar days. To receive a refund or exchange please send us an email at firstname.lastname@example.org before 15 calendar days have passed since the receipt of your purchase. For food safety reasons we are unable to accept any returns once the package has left the Eataliano warehouse. We refund or exchange only in case you have received our package and there are damaged products. If you receive one of our products damaged, or in any other state that prevents consumption, please contact us. To be eligible for a refund or an exchange, please send an email to email@example.com including: a picture of the damaged product, proof of purchase and the reason for your refund or exchange request. The product must be in the same condition that you received it. It must also be in the original packaging. Please do not send your purchase back to the manufacturer. We will process your query and answer your email back within one week with a request to confirm between an exchange of the damaged product or a refund with our discount vouchers. The address for delivery of the exchanged product will be the same you confirmed for the original delivery; unless a new address it’s clearly stated in your email. The cost of delivery of the exchanged products will be fully paid by Eataliano. If you choose the option to receive a refund, you will receive a discount voucher for the value identified. The discount voucher will be delivered via email to the email provided in your account at eataliano.lu.
Additional non-returnable items:
* Discount Vouchers
SECTION 8 - ACCURACY OF PERSONAL INFORMATION
SECTION 9 - THIRD PARTY LINKS AND TOOLS
Certain content, tools and services available via our Service may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, tool, or services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party . Any use by you of third-party content, tools and services offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the website. Such new features and/or services shall also be subject to these Terms of Service.
SECTION 10 - INTELLECTUAL PROPERTY RIGHTS
Eataliano, S.à r.l.-S is the owner or the licensee of all intellectual property rights on this site (eataliano.lu), whether registered or unregistered, and in the material published on it. Copyright laws protect these works and all such rights are reserved. You may print off one copy, and may download extracts, of any pages from our site for your personal reference. You, as well as any other user of our website, must not use any part of our copyright materials for commercial purposes without first obtaining a license to do so from our licensors and us.
SECTION 11 - USERNAME AND PASSWORD
SECTION 12 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or, without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 13 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk. This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 14 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 15 - PROHIBITED USES
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us. In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, or national regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses. You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 16 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Eataliano, S.à r.l.-S, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 17 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Eataliano, S.à r.l.-S and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 18 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 19 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us, via email to firstname.lastname@example.org, that you no longer wish to use our Services, or when you cease using our site. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 20 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 21 - GOVERNING LAW
Your use of this website is governed by these Terms and Conditions and construed and enforced in accordance with the laws of the Grand Duchy of Luxembourg. Disputes arising from your use of this website and the services we provide are subject to the non-exclusive jurisdiction of the courts of the Grand Duchy of Luxembourg.
SECTION 22 - ONLINE DISPUTE RESOLUTION (ODR) PLATFORM
The ODR platform (//ec.europa.eu/odr) is a web-based platform developed by the European Commission. Its objective is to help consumers and traders resolve their contractual disputes about online purchases of goods and services out-of-court at a low cost in a simple and fast way. It allows consumers to submit their disputes online in any of the 23 official languages of the European Union. The ODR platform transmits the disputes only to the quality dispute resolution bodies communicated by Member States.
Member States have to establish a national contact point to provide assistance to users of the ODR platform. The list of these national contact points is available on the ODR platform.
SECTION 23 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at email@example.com.
We are a company registered in the Grand Duchy of Luxembourg (company registration number B215427), our VAT number is LU29519874 and our registered office and address is: Eataliano, S.à r.l.-S; 13, op der Schanz; L-6225 Altrier; Luxembourg.