Terms and conditions
[Ippoh Gmbh, DE361304295, Zollamtstr. 10-18 67663 Kaiserslautern, ippoh-gmbh@outlook.de]

The following General Conditions of Sale regulate the offer and sale of products on our website.

1. Scope of application

1.1 the sale of products through the Site constitutes a distance contract governed by Chapter I, Title III (articles 45 et seq.) of the Legislative Decree. n. 206/2005 and by Legislative Decree. n. 70/2003, containing the regulation of electronic commerce.

1.2. The General Conditions of Sale can be modified at any time. Any changes and/or new conditions will be in force from the moment of their publication on the Site. Users are therefore invited to regularly access the General Conditions of Sale and to consult the most updated version of the General Conditions of Sale, before making any purchase. The applicable General Conditions of Sale are those in force on the date of sending the purchase order.

1.3. The Restaurateur offers, on this Site, a table reservation and product sales system, carrying out its electronic commerce activity towards consumer end users, i.e. any natural person who acts on the Site for purposes not related to its commercial activity , entrepreneurial or professional, possibly carried out.

1.4 The General Conditions of Sale exclusively regulate the offer, the forwarding of reservations and the acceptance of purchase orders for products within this Site, between the users of the same and the Restaurateur-Seller, who conclude the distance contract.

2. Access to the Site and subjective ordering limitations

2.1 By placing an order, the user/customer undertakes to contact the Restaurateur directly to ensure that the foods selected for takeaway or home delivery comply with specific personal needs and, in particular, any allergies and/or intolerances food.

2.2 By placing an order, the user/customer accepts and declares that they can proceed with the purchase of alcoholic beverages, the sale of which is prohibited in Italy to persons under the age of 16. The Restaurateur reserves the right not to complete or reduce the order containing alcoholic beverages, if he reasonably believes that the drink was purchased by a person under the age of 16.

3. Order processing methods and product availability

3.1 Having selected the products from the menu published by the Restaurateur and provided all the information required for ordering (takeaway, delivery, possible delivery address, time selection…), the Customer has the right to send the order, proceeding with payment, after have carefully checked the data entered.

3.2 Once the sales contract has been duly concluded, it will not be possible to modify it, as these are food products prepared on specific request and not susceptible to conservation, due to their rapid expiry.

3.3. The products offered on the site are limited in number and it may, therefore, happen that the product becomes no longer available upon transmission of the purchase order. In case of unavailability of the product already ordered, the user will be promptly informed by e-mail or telephone. The user will therefore be entitled to terminate the contract, pursuant to and for the purposes of the provisions of the art. 61, IV and V paragraphs of the Consumer Code. In the event that the payment of the amount due has already been made, the Restaurateur will refund this amount without delay. This amount will normally be credited to the same payment method used by the user for the purchase or the different method agreed between the user and the Restaurateur. Any delays in crediting may depend on the banking institution, the type of credit card or the payment solution used.

3.4. In the case of orders concerning several products, if the unavailability concerns only some products, without prejudice to the rights attributed to the user by law, and, in particular, by Chapter XIV of Title II of Book IV of the civil code, and made saves the application of the art. 3.3., the Restaurateur will notify the user via e-mail or telephone. The user will therefore be entitled to terminate the contract, limited to the Product(s) that have become unavailable, pursuant to and for the purposes of the provisions of the art. 61, IV and V paragraphs of the Consumer Code. In the event that the user makes use of the right of termination referred to in the art. 61, IV and V paragraphs, Consumer Code, in relation to the Product(s) that have become unavailable or in any case in which the payment of the amount due has already occurred, the Restaurateur will refund the amount due in relation to such Product(s), without undue delay. The refund amount will be communicated to the user via email or telephone.

This amount will be credited to the same payment method used by the user for the purchase or via any means agreed between the parties. Any delays in crediting may depend on the banking institution, the type of credit card or the payment solution used. The resolution of the entire Order will be possible only in the case of clear and proven accessory nature of the Products covered by the overall Order which have become unavailable compared to the other available Products.

3.5. the Restaurateur reserves the right to cancel the order in case of excessive load, adverse events or any other cause, with consequent refund of any payment already made, as governed by the following art. 4.2.

3.6. the Restaurateur indicates an estimated time for deliveries and collections, which may be subject to changes in cases of excessive load, weather and traffic conditions, or any cause not dependent on the activity of the same, without a guarantee of delivery.

3.7. In case of refusal of payment due to lack of authorization, the Site will not process and send the order to the Restaurateur.

4. indication of prices and payments

4.1. If the prices indicated in the online menu are higher due to incorrect indication of the same, the Restaurateur will report the circumstance to the Customer before preparing the order, allowing him to withdraw if the ratio with the actual price is excessively high.

4.2. Payments can be made in cash, by electronic cash on delivery, by credit or debit card. In the event of failure to execute or cancel the order, following the authorization of the payment by the bank or the company issuing the credit/debit card, the payment will not be executed with the relevant amount being credited back to the Customer. The crediting times depend exclusively on the bank/company that issued the payment card, without any responsibility of the Restaurateur in case of delay.

5. Delivery of purchased products

5.1. The delivery obligation is fulfilled by transferring the material availability of the products to the user.

5.2. It is up to the user to check the conditions of the Product that was delivered to him or that he collected. Without prejudice to the fact that the risk of loss or damage to the products, for reasons not attributable to the Restaurateur, is transferred to the user when the user, or a third party designated by the same and other than the carrier, physically comes into possession of the Product, it is recommended that the user to check the number of Products received and that the packaging is intact, not damaged, wet or otherwise altered, even in the closing materials and is invited, in his interest, to immediately contact the Restaurateur to report any anomalies ( e.g. damaged packaging, wet package, opened products). The unreserved receipt of the Products, in fact, does not allow the user to take legal action against the courier and/or the Restaurateur, in the event of loss or damage to the Products, except in the case in which the loss or damage is due to willful misconduct or gross negligence of the courier itself and with the exception of partial loss or damage not recognizable at the time of delivery, provided that in the latter case, the damage is reported as soon as it is known. In the event that the package shows obvious signs of tampering or alteration, the user is also recommended to promptly notify the Restaurateur. In the event that the products received differ from those ordered, without prior communication and authorized replacement to the Caterer, the user is recommended to promptly notify the Caterer himself.

5.3 The provisions of the art. apply. 61 of the Consumer Code in the event that the purchased Product is not delivered or is delivered within the delivery terms indicated during the purchase process and in the order confirmation (termination of the contract).

6. How to use the site

6.1. it is permitted to use the site for exclusively personal purposes, not having commercial purposes, in compliance with the legislation protecting copyright and intellectual property, in relation to the material published on the Site and the Site itself.

6.2. the Restaurateur assumes no responsibility for temporary suspensions of the operation of the Site, even without any notice, even in the case of maintenance or for reasons unrelated to the Restaurateur itself.

7. Withdrawal

7.1. Withdrawal is expressly excluded by the art. 59 of the Consumer Code (Legislative Decree no. 206/2005), as these are orders relating to products prepared on request and which deteriorate rapidly.

7.2. The user may, in any case, try to contact the Restaurateur to attempt, without any contractual obligation on this point, to make the desired changes.

and, possibly, agree on the user’s withdrawal before preparing the dishes, with consequent application of art. 4.2.

8. Responsibility

8.1. the information contained in the menus is updated and detailed by the Restaurateur, who does not assume responsibility for failure to report food allergies and intolerances by the Customer when ordering. If the Customer, for himself or for persons in whose interest he places the order, needs to verify the allergens contained in the dishes offered on the menu, he is invited to contact the Restaurant directly before placing the order, thus ensuring the absence of substances capable of causing adverse reactions.

9. Privacy

9.1 The personal data of user-customers are processed in accordance with the general regulation for the protection of personal data n. 2016/679 (GDPR) and the Italian legislation on the matter. You can obtain information on how we process your personal data by accessing the Privacy Policy published on the Site, which constitutes an integral part of these Conditions.

10. Applicable law and competent court

10.1 The contracts concluded between users of the Site and the Restaurateur are governed by Italian law and, for Consumers resident in Italy, by Legislative Decree no. 6 September 2005. 206 (Consumer Code), with specific reference to the legislation regarding distance contracts, and by legislative decree 9 April 2003 n. 70 on certain aspects concerning electronic commerce.

10.2 Consumer users may appeal to the Court of the place where they have their residence/domicile in Italy. If the dispute concerns users unrelated to the Consumer Code, exclusive jurisdiction devolves to the Court where the Restaurateur has its registered office.