CONTRACTUAL TERMS AND CONDITIONS
"Fooodle" web platform
Premises
The general terms and conditions of membership and use of the service offered by the online platform "fooodle il marketplace italiano" are defined below, accessible through the website www.fooodle.it, Owned by Camapp srls (VAT number 09286311213) with registered office in Scisciano (NA) at via Cerqua Sant'Antonio 15, in the person of the pro tempore legal representative and sole director Mr. Matrisciano Sebastiano, born in Massa di Somma (NA) on 05.07.1997.
The invalidity and / or ineffectiveness, even supervening, of one or more clauses will not result in the invalidity and / or ineffectiveness or termination of this contract.
The terms and conditions of membership and use include all notes, notices and information that will be published on the “Fooodle” platform.
The "Fooodle" platform is intended exclusively to facilitate commercial transactions between suppliers and consumers; Camapp srls does not assume any responsibility - except for that relating to obligations expressly placed on it by these conditions - in relation to the execution of the obligations by the companies (sellers) that operate on the platform.
In order to use the services offered by the “Fooodle” platform, registration is required, according to the established methods, and prior full acceptance of the contractual terms and conditions.
The age of majority is required to register on the “Fooodle” platform.
These premises are an integral part of the membership conditions.
1. Definitions
For the purposes of this contract, the following terms have the meanings specified below:
- Company: Camapp srls (VAT number 09286311213) with registered office in Scisciano (NA) at via Cerqua Sant'Antonio 15, in the person of the pro tempore legal representative and sole director Mr. Matrisciano Sebastiano, born in Massa di Somma (NA) on 05.07.1997.
- "Fooodle" platform: marketplace platform traceable, managed and owned by Camapp srls (VAT number 09286311213) with registered office in Scisciano (NA) at via Cerqua Sant'Antonio 15, in the person of the pro tempore legal representative and sole director Mr. Matrisciano Sebastiano, born in Massa di Somma (NA) on 05.07.1997.
- Buyer / Buyer / Customer : natural and / or legal person adhering to the "Fooodle" platform by means of registration, who requests and purchases the products made available by the Suppliers / Sellers;
- Supplier / Seller: natural and / or legal person who, by joining the "Fooodle" platform, advertises and sells its products and services through the platform;
- Contractual parties / Users: Supplier / Seller and Buyer / Buyer / Customer, as defined above, who conclude a contract for the purchase and sale of goods and services advertised on the "Fooodle" platform;
- Products / Services: goods which the Suppliers / Sellers promote the sale of and which, therefore, are advertised on the "Fooodle" platform and can be purchased by Buyers / Buyers / Customers.
2. Object and parts
The "Fooodle" platform has the function of facilitating the online meeting of supply and demand for agri-food products between the Seller and the Buyer and the Company Camapp srls, owner of the platform, is not part of the sale and purchase agreement that may be stipulated, except in the case of specific products sold and shipped by "Fooodle", expressly reported / indicated on the web platform.
The parties to the sales contract, the Seller and the Buyer, will take care to give exact execution to the same.
No pre-contractual and contractual responsibility can be charged to Camapp srls for the conclusion, interpretation and execution of the sales contracts between the individual Suppliers and the Buyers nor for the truthfulness of the information provided and published on the "Fooodle" platform.
The Company will not assume the role of Seller towards the customer or buyer towards the Seller, except in the case of a sale involving products sold and shipped by "Fooodle", expressly reported / indicated on the web platform.
3.Services rendered
3.1. Vendor Promotion Services
Each participating Seller has the right to promote their business and their products through the "Fooodle" web platform.
The Seller will be given a special "virtual showcase" on the platform where the textual content (eg product description) and audio visual content (eg photos, video and audio) will be uploaded, previously shared and agreed with Camapp srls, which reserves the right to suggest / modify the contents before publication on the "Fooodle" platform in order to guarantee the same commercial visibility to all Sellers. Camapp srls, even after the publication of content on the platform, reserves the right to remove the published content, when reasons have arisen, subsequent to publication, which require or make it appropriate, at the sole discretion of the company, to remove the content. Then,
The delivery of materials and / or contents owned by the Seller sent to the Company for the purpose of publication on the web platform and the creation of the "virtual showcase" implies the release, free of charge, to Camapp srls, of the full authorization for use and to the economic exploitation of the same, without limits of space and / or time.
Camapp srls offers sellers a photoshooting and video shooting service for the products. All textual and audio-visual contents created by Camapp srls and published on the web platform are the exclusive property of the company which retains all rights, including those for economic exploitation.
Any changes and / or variations of the contents can be made by contacting the Company directly at the following email address: info@fooodle.it
3.2 Business Transaction Services
Camapp srls makes available a virtual platform service, that is a portal-showcase within which its members will be able, respectively, to sell and buy agri-food products.
3.2.1. Products
The sale relates exclusively to the products published on the "Fooodle" platform established by the Supplier, requested in the purchase order of the purchaser and indicated in the order confirmation or, in general, in the communications that the parties have put in place.
3.2.2 Graphics of the products
The products are presented on the “Fooodle” platform through the publication of digital photographs and / or videos provided by the Sellers. These photographs and / or videos have a purely descriptive and non-exhaustive function, as any modest variations between the video-photographic representations and the reality of the products do not constitute conformity defects.
The Seller expressly undertakes to publish contents that are faithfully representative of the object offered for sale on the platform, assuming the sole responsibility towards the customer, with the exclusion of any responsibility of the Company in relation to any discrepancies between the graphics of the products on the platform " Fooodle ”and delivered products.
3.2.3. Product features and availability
The Seller undertakes to communicate and periodically update, through the web platform, its cd. "Online showcase", specifying all the characteristics, the conditions of sale relating to its products in a truthful and correct manner, failing which it will remain directly and fully responsible towards the Customer.
Although Camapp srls reserves the right to veto the publication of the contents, the Supplier assumes all and greater responsibility for the content of the information provided by the same and entered on the platform.
In the event that all or some of the products offered are temporarily unavailable or are out of stock, the Supplier is obliged to communicate and update, in real time, the actual availability or exhaustion of the products included in the "Fooodle" web platform to in order to guarantee the maximum efficiency of the service. In case of non-fulfillment of this contractual obligation, the Supplier will be directly responsible towards the buyer for all sales, concluded through the platform, which will suffer delays in the delivery of the products or for cases of impossibility of delivery. The Company will in no case be responsible for errors, omissions and inaccuracies contained in the data entered and published on the web platform.
3.2.4 Purchase procedure
The stipulation of a purchase agreement for the products on the "Fooodle" platform is subject to the following procedure:
- sending a purchase order by the customer, according to the established procedure and following the instructions that will appear on the platform from time to time;
- payment of the sale price , according to the methods indicated;
- receipt of the purchase order by the supplier ;
- forwarding e-mail summarizing the purchase order data to the customer ;
- sending confirmation / acceptance of the order to the buyer by the supplier , according to the methods indicated;
- payment by Camapp srls, after acceptance of the purchase order by the Supplier, in favor of the latter of the price of the products ordered , as indicated in the price list provided by the Seller.
Purchase order
For the purpose of sending the purchase order, the Customer must correctly complete the procedure provided for by the "Fooodle" platform for this purpose, selecting the products he is interested in, filling in all the data necessary for payment and delivery. It will be his task to forward the purchase order by following the steps indicated by the "Fooodle" platform; the Buyer will also have the possibility to request the forwarding of the invoice, by entering the relative requested data.
The Buyer will have the opportunity to verify the data entered and correct any errors before sending the purchase order.
Following the sending of the purchase order, the Buyer will receive an email summarizing all the data entered therein (including the total price of the selected products, including taxes and delivery costs). The summary email should not be considered a confirmation of the purchase order but is exclusively informative.
At the same time, the Customer will pay the price of the products ordered, according to the methods indicated.
Refused transactions will be deemed not to have been received.
The Company reserves the right to cancel, by informing the seller and the buyer, the purchase order if:
- carried out in violation of these contractual conditions, or of applicable laws and regulations;
- there is the possibility that the resulting transaction could be considered fraudulent or illicit.
Product payment service
The contract for the sale of the products is to be understood as stipulated between the seller and the customer. Parties to the sales contract are the Seller and the Customer who will take care to give exact execution to the same.
The Company, in the context of this commercial relationship, limits itself to putting the Seller and the Customer in contact, remaining unrelated to the stipulation of the contract, except in the case of a sale involving products sold and shipped by "Fooodle", expressly reported / indicated on the web platform.
Buyers will pay the total price of the selected products (including taxes and delivery costs) using the payment methods accepted by Camapp srls and according to the methods indicated on the "Fooodle" platform.
The payment is received by Camapp srls in the name and on behalf of the seller from whom it received the collection authorization.
The Seller expressly declares to accept that, in its name and on its behalf, Camapp srls will proceed with the collection of the total price of the products purchased (including taxes and delivery costs).
The Company, at its sole discretion, reserves the right to change the payment methods indicated on the web platform.
No responsibility can be attributed to Camapp srls in case of irregularities found in the use of the product payment service.
Purchase order acceptance
The purchase order sent by the Buyer must be considered binding only in the following cases:
- the entire order procedure, indicated by the "Fooodle" platform, has been completed regularly and correctly, without any error messages being highlighted;
- payment of the total price of the products ordered (including taxes and delivery costs) has been correctly made according to the methods indicated on the "Fooodle" platform;
- the Seller, having received the purchase order for the products, has accepted it according to the procedure provided by the "Fooodle" platform and has sent the confirmation of acceptance to the Buyer;
- the Buyer has received confirmation of the acceptance of the order by e-mail and notification in his personal area of the web platform.
The confirmation of the purchase order will indicate all the data present in the summary document of the purchase order, the details of the shipment (including delivery times, which in any case are not to be considered mandatory terms).
In the event that, upon receipt of the Buyer's purchase order, all or part of the products ordered are not available or are out of stock, the Seller will have the right to accept the order exclusively for the products available (possibly proposing to the Buyer purchase of similar products).
In the event that the Customer informs the Seller that he does not accept the replacement with similar products of equivalent value, he will receive, directly from the Seller, an email of partial cancellation of the order and the consequent refund of the price paid for the purchase of the unavailable products or out of stock.
The Seller undertakes to accept or refuse the order within 24 (twenty-four) hours from the date of receipt of the same, not taking into account Saturdays and holidays for this purpose.
If the Seller does not accept or refuse the purchase order within the term of 24 (twenty-four) hours as determined above, the order will be automatically rejected by the "Fooodle" Platform, with forwarding to the Customer of a communication of cancellation and subsequent refund by of Camapp srls of the amount paid.
Camapp srls reserves the right to cancel in whole or in part the acceptance of the purchase order in the following cases:
- carried out in violation of these contractual conditions, or of applicable laws and regulations;
- there is the possibility that the resulting transaction could be considered fraudulent or illicit.
In any case, the Company reserves the right to contact the Seller directly to check the status of the purchase order.
In the event that the Seller is unavailable or declares the unavailability or exhaustion of the products covered by the purchase order, the Company has the right to inform the Buyer by e-mail. In this case, the Buyer will have the right to replace the unavailable products or request the return of the amount paid.
Both the Seller and the Buyer acknowledge and accept that the activity put in place by Camapp srls cannot in any case be considered or interpreted as a sales or intermediation activity in the sale of products, being solely aimed at guaranteeing the proper functioning of the platform " Fooodle ".
Both the Seller and the Buyer acknowledge and accept that no responsibility can be charged to Camapp srls in relation to the activity carried out, in the event of inaccurate and / or non-execution of the sales contract.
3.3 Complaints
The Buyer within 8 (eight) days of receipt of the products has the right to report any defects via certified e-mail or by registered mail, by starting the complaint procedure or request for reimbursement to the Seller.
In case of receipt of a complaint concerning defects or discrepancies of products, the Seller, having assessed the validity of the same and of the refund request, will re-credit the amount paid by the Buyer. The refund will be made using the same payment method used by the Buyer for the purchase.
The Seller will refund in the case of:
- obvious and objective discrepancies between the goods advertised by the Seller on the “Fooodle” platform and the goods received by the Buyer;
- goods damaged during transport due to packaging that does not comply with packaging standards.
Where the complaint is deemed well founded, the Buyer will promptly return the disputed products, without prejudice to the Seller's right to collect them at his own expense, fully or partially reimbursing the Buyer to whom the sums paid will be re-credited by the Seller (including the any expenses incurred for returning the products).
3.4. Buyer's right of withdrawal
a) Exercise of the right of withdrawal
The Customer has the right to withdraw from the purchase contract for any reason, without the need to provide explanations and without any penalty, except in the cases of exclusion provided for in the following paragraph (b).
Specifically, pursuant to art. 52 and ss. of the Legislative Decree 206/2005 ( so-called Consumer Code ), the Buyer will have the right to exercise this right, in relation to specific products, other than those listed in the following paragraph (b), provided that, after delivery, such products do not have been opened or their seals have not been altered.
To exercise the right of withdrawal, the Buyer must send the Seller, within 14 days from the date of delivery of the products covered by the purchase order, a written communication by certified e-mail, or by registered letter with return receipt, inserting the following subject: "Exercise of the right of withdrawal", expressly declaring in the email communication their will to withdraw and providing the following additional information:
the. purchase order number and purchase date;
ii. delivery date of the purchase order;
iii. the name and address of the Buyer;
iv. the indication of an e-mail and telephone number of the Buyer;
v. article code or the items purchased and for which the right of withdrawal is to be exercised.
The right of withdrawal applies to the product purchased in its entirety; therefore, if the product is made up of several components or parts, the right of withdrawal cannot be exercised only on part of the product.
Upon receipt of the communication to exercise the right of withdrawal, the Seller will open a file for the management of the return and communicate to the Buyer the instructions on how to return the products which will take place by courier indicated by the Company itself no later than the term of 14 days from the date of communication of the exercise of the right of withdrawal and with return costs charged to the Buyer.
In case of exercise of the right of withdrawal, the full amount of the returned products will be reimbursed to the Buyer within 14 days from the day on which the Seller was informed of the Buyer's decision to exercise the right of withdrawal.
The Seller will proceed with the reimbursement of the amount paid, with the exception of shipping costs, after checking the integrity of the product.
The refund will be made using the same payment method used by the Buyer.
b) Cases of exclusion of the right of withdrawal
Pursuant to art. 59, paragraph 1, letter d and e, of the Legislative Decree 206/2005 ( so-called Consumer Code ), the right of withdrawal is excluded in relation to:
a) goods purchased by a "non-consumer " Buyer, in accordance with the provisions of art. 3, paragraph 1, letter a) of the Consumer Code and / or requesting an invoice;
b) assets that are likely to deteriorate or expire rapidly;
c) sealed goods which cannot be returned for hygienic reasons or related to health protection and which have been opened after delivery.
The right of withdrawal is totally lost if the returned product is not intact, that is:
- lack of original packaging;
- absence of integral elements of the product;
- damage to the product for reasons other than transport.
The right of withdrawal does not apply to the supply of food which, by its nature, cannot be returned or is liable to deteriorate or expire rapidly.
The Buyer, in particular, is informed and accepts that the right of withdrawal does not apply to the supply of foods which, by their nature, cannot be returned or are liable to deteriorate or expire rapidly.
The products that “risk deteriorating or expiring rapidly” include all food products, as the characteristics and qualities of these types of products are subject to alteration also as a result of inappropriate storage.
Therefore, for reasons of hygiene and the protection of Users, the right of withdrawal is only applicable for products purchased through the "Fooodle" platform that can be returned to the Seller, intact in their respective seal and returned without danger to the health of Consumers.
3.5. Shipping services
Camapp srls has signed commercial agreements with the DHL express courier “Partner Spedizioniere”.
Available options
While the shipment is in transit, with DHL On Demand Delivery the Customer will be able to:
a) reschedule the delivery on a more convenient date: customers can change the delivery date of the shipment at will and according to their needs, within 7 actual days;
b) request the custody of the shipment for up to 30 days: in the event that customers, on vacation or away for work, cannot make the withdrawal, they can request the suspension of the delivery up to a maximum of 30 actual days;
c) collect goods or documents at all DHL points: customers can indicate the nearest DHL point of delivery as the place of delivery and personally collect the shipment when they prefer;
d) change the delivery address: customers can change the place of delivery of the shipment, indicating a more convenient address;
e) have the shipment delivered to a neighbor: in case of absence, the courier is authorized to leave the shipment with a neighbor who is the guardian or guard expressly indicated by the customers;
f) to leave the shipment at the entrance door: customers can authorize the courier, in case of absence, to leave the shipment at the entrance door (or in another position indicated by them) without the need for a signature.
Traceability of the order
Once the purchase has been made, customers will receive the estimated delivery date via email or SMS. Using a PC or smartphone, they will be able to access On Demand Delivery and customize the receipt of their purchase (for example, they will be able to change the delivery date of their shipment). The courier and the DHL branch will receive the changes requested by the Customer who, in turn, will receive confirmation of the update and notification of the new shipment delivery date. The shipment will be delivered on time and in the manner established, to ensure their satisfaction.
Any delays or problems concerning the delivery
In the event that the goods purchased by the Buyer arrive late, more than 24 hours with respect to the delivery date reported at the time of completion of the sale (which in any case is never considered as peremptory and / or essential) or is damaged (for causes other than packaging not compliant with Packaging Standards) and / or lost, the Buyer must report the event that occurred within 24 hours of delivery, so that the latter can assert the carrier's liability pursuant to and for the effects of articles 1683 and ss. cc and in particular the articles 1693 and 1696 cc
The report must be made by means of a written communication by e-mail to the following Pec address: camapp@pec.it with the subject "Claim Shipping".
Camapp srls will not be responsible for any rejection of any claim for compensation against the carrier and / or for other forfeits, including in the event of late notification by the Buyer.
In any case, it is understood that in no case Camapp srls can be held responsible for errors in delivery due to inaccuracies or incompleteness in the compilation of the purchase order by the Buyer or for inaccuracies or incompleteness of the data provided by the Seller.
Furthermore, Camapp srls cannot be held responsible for damages (direct and / or indirect and / or for loss of earnings), losses and / or damage or theft of products that may have occurred to the products after their delivery to the carrier in charge of transporting the goods. themselves as well as for delays in the collection or delivery of packages both to Sellers and Buyers.
4. Reviews and comments
After the completion of each sale, Customers will have the right to issue, as appropriate, a comment and a rating on the Seller, a comment on the related products purchased and, in general, on the shopping experience through the "Fooodle" platform.
Exclusively for this purpose, through the “Fooodle” platform, the use of a specific blog is envisaged for customers.
It is expressly forbidden for each Buyer to use this blog for the publication of comments having illicit, obscene, abusive, intimidating, defamatory content or in violation of the privacy, intellectual property rights or in any other offensive way of Camapp srls and / or of the Seller and / or third parties, or political propaganda, commercial solicitation, viruses, chain letters, mass e-mails or any other form of spamming.
Camapp srls reserves the right to remove or modify the contents published in violation of these Contractual Conditions, the applicable law.
5. Obligations for Buyers
The Buyer undertakes to provide, at the time of registration, their tax data and the personal information requested, which may be subjected to prior verification upon the release of the access credentials to the site.
The Buyer also undertakes to keep all personal information updated, guaranteeing its truthfulness, completeness and accuracy.
All information provided at the time of the original registration request will be included in the registration data.
The Buyer assumes full responsibility for the accuracy and truthfulness of the data transmitted and published on the "Fooodle" platform, whether or not they are aimed at completing the registration and / or purchase procedure of the products.
All Buyer registration data will be processed and used by the Company in compliance with the confidentiality and security rules provided for by the applicable legislation.
The Buyer is responsible for the content of his messages, and in general for all interactions with other users, including any use of the product sales service and the comment and review service in compliance with all the provisions of current laws and the General Conditions of Use of the “Fooodle” Platform.
The Buyer undertakes not to disturb, directly or through third parties, in any way the service offered by the "Fooodle" Platform.
The Buyer undertakes, under penalty of immediate exclusion from the "Fooodle" Platform and consequent interruption from the related services, not to contact, directly and / or indirectly, by any means other than the "Fooodle" platform, the Sellers adhering to it.
In no case may the Customer use a false e-mail address, pretend to be another person or subject.
The Buyer undertakes to indemnify Camapp srls from any loss, damage or liability, cost or expense deriving from the violation of these contractual provisions.
6. Obligations for sellers
The Seller, without prejudice to all the obligations placed on it by this contract, expressly undertakes to operate on the "Fooodle" platform respecting the highest standards of correctness and professionalism, and to refrain from any action, initiative or behavior that may cause prejudice to the image of the “Fooodle” platform.
The Seller undertakes, under penalty of immediate exclusion from the "Fooodle" Platform and consequent interruption from the related services, not to contact, directly and / or indirectly, by any means other than the "Fooodle" platform , the Buyers registered on it.
6.1. Responsibility for information and content
The Seller / Supplier undertakes, upon registering on the "Fooodle" web platform, to provide Camapp srls with the personal information requested, all their identification and tax data, updated Chamber of Commerce registration, as well as their telephone number and address certified e-mail, which may be subjected to prior verification according to the release of the access credentials to the platform.
If, following the outcome of the checks, the data provided by the Supplier should prove to be untrue or non-existent, the Company will have the right to inhibit access to the web platform.
All data provided will be processed and used by the Company in compliance with the rules of confidentiality and security provided for by current legislation.
The Seller / Supplier undertakes to also undertake to keep them updated and to guarantee their truthfulness, completeness and accuracy. All information provided will be included in the registration data.
All the Seller's registration data will be processed and used by Camapp srls in compliance with the confidentiality and security rules provided for by the applicable legislation.
The Seller assumes full and fuller responsibility for the content of the information provided by the same and published on the "Fooodle" platform.
Camapp srls will in no case be responsible for any errors, omissions and inaccuracies that may be contained in the data entered on the "Fooodle" platform.
The Seller will be the one and only responsible for the content uploaded to the "Fooodle" Platform; the Seller is obliged to guarantee that it has the ownership or in any case the availability of all rights relating to the published content; that, as of the date the content or material is published, it is accurate and relevant; and the use of the content and material provided does not violate the rights of third parties.
The Seller undertakes to indemnify and hold harmless the Company from all legal actions taken by third parties against the Company deriving from or in any case connected with the contents and materials provided by the user and published on the "Fooodle" Platform.
6.2. Responsibility of the Sellers on products and offers
The Seller undertakes to communicate and periodically update, through the web platform, its so-called "online showcase", specifying all the characteristics and conditions of sale relating to its products in a truthful and correct manner, failing which it will remain directly and fully responsible to the buyer.
The Seller assumes all responsibility for the product it sells and for the commercial information it provides to Camapp srls for publication on the “Fooodle” platform.
The Seller declares and guarantees the quality of the products offered through the "Fooodle" Platform, as well as the exact observance of the rules relating to their production and / or storage and / or marketing, in compliance with the applicable regulations.
The Seller undertakes to ship the products compliant with those described on the platform.
The Seller undertakes with regard to the content of its offers to comply with all the provisions of the laws in force, with particular reference to the principle of contractual good faith and free competition.
Camapp srls cannot in any way be held responsible for the illicit, illegitimate, mendacious or inaccurate content of the offers, undertaking the Seller to indemnify and hold harmless the aforementioned company from any request in this regard.
The Seller declares and acknowledges that he is solely responsible for the offer and sale and conformity of the products and the consequent relationship with the Customer. The Seller declares to indemnify and hold harmless Camapp srls from any liability, request for reimbursement and / or compensation that may arise from the Buyers as a consequence of and depending on the disputed quality, conformity of the products sold, their conservation and, in any case, failure compliance with the specific applicable regulations.
6.3. Data processing for promotional purposes for sale
The Seller expressly authorizes the Company to publish descriptive content and images on the platform, including the Seller's logo and any trademark of which it has the legitimate use, giving the widest and most unconditional consent. The published material can be found directly by the Company or provided by the Seller. It remains in the right of the Seller to request the removal / replacement / modification of the contents published at his simple request, provided that this does not constitute an impediment to the sale.
6.4. Disputes between Supplier / Seller and Buyer
The Seller is solely and exclusively responsible for any disputes, claims, claims, disputes, actions, claims, requests for reimbursement or compensation - including for damages, of any type and nature that may be formalized by the Customers / Buyers by virtue of:
- failure, erroneous, delayed or incomplete conclusion and execution of the sales contract or of one or more obligations deriving from the contract;
- inaccuracy, anomalies, errors and / or omissions, of any nature, relating to the information provided by the Seller on the "Fooodle" Platform;
- quality defects of the products and / or packaging, erroneous, incomplete, misleading and / or illegitimate publication on the platform.
In consideration of the extraneousness of Camapp srls to the sales contract, in the event of a dispute, the Supplier / Seller exonerates as of now from any liability related to any disputes and undertakes to hold it harmless and indemnified from any request for reimbursement and / or compensation should derive from the Buyers / Customers.
At the same time, the Seller undertakes to compensate Camapp srls for any damages suffered by this company due to legal actions where it has given cause directly or indirectly, proceeding to the reimbursement of all costs and expenses incurred, including the legal ones.
6.5. Protection of the Image of the "Fooodle" Platform
The Seller, without prejudice to the other obligations placed on it by these contractual conditions, expressly undertakes to operate on the "Fooodle" Platform respecting the highest standards of correctness and professionalism and, in any case, to refrain from any action, initiative, behavior that may be inconvenient or detrimental to the image of the Platform or that may cause discredit to Camapp srls
The Seller undertakes not to disturb, directly or through third parties, in any way the service offered by the "Fooodle" Platform.
6.6 Price of products
The Seller, upon signing this contract, undertakes to provide Camapp srls with the price list of its products that it intends to sell on the "Fooodle" platform.
Camapp srls, after acceptance of the purchase order by the Supplier, will pay the latter of the price of the ordered products, as indicated in the price list provided by the Seller.
The Seller undertakes to align, for the entire duration of the relationship with the Company, the sale price of its products on both e-commerce, both in the B2C market and in the B2B market; informing the Company of any price change that it will adopt on its e-commerce system at least 7 (seven) days before the date on which the price change will be applied to the products on sale.
The Seller acknowledges that the non-fulfillment of the obligation referred to in this paragraph will constitute a reason for the contractual termination of the contract by Camapp srls, which will have the right to terminate the existing contract and cancel the Seller's account.
6.7 Packaging of products
The Seller undertakes to carry out the packaging of the products covered by the purchase order at its own expense.
Simultaneously with the acceptance of the purchase order, the Seller undertakes to notify Camapp srl of the packaging times of the products covered by the purchase order.
After 24 hours from the date indicated by the Seller for the completion of the packaging, the Shipping Partner will collect the goods to be delivered at the Seller's premises.
The Seller is obliged to prepare the package for shipment according to the packaging standards provided by the Shipping Partner.
When packing the ordered products, the Seller undertakes to affix an identification sticker of the "Fooodle" web platform externally to each wrapper and also undertakes to insert a thank you card from Camapp srls inside.
The stickers and thank you cards will be provided by Camapp srls, at its own expense.
The Seller also undertakes to print, from time to time, a waybill, which will be automatically generated by the Company, and affix it to the wrapping to be delivered to the Shipping Partner.
The Seller undertakes to specify the time within which an order can be taken over.
The Shipping Partner in charge will collect the package at the address provided by the Seller and will ship it according to the delivery times indicated from time to time.
7. Conditions of use of the "Fooodle" platform
7.1. Permitted use
Under no circumstances may the user act as a payment service provider, intermediary, service agency, or otherwise resell the B2C "Fooodle" service on behalf of third parties, for example, by handling, processing and transmitting funds on behalf of third parties. .
In using the Fooodle platform, Users undertake to comply with the applicable legal provisions, regulations and rules of ethics and good use of network services. In particular, they undertake not to:
- violate the laws in force or simulate purchase negotiations and / or hold unfair commercial conduct;
- spread computer viruses or other technologies capable of damaging the Fooodle Platform or its users;
- carry out actions that could cause an unreasonable overload to our technological infrastructures and that could interfere with the correct use of the platform by other users;
- send chain letters or proposals for pyramid schemes; copy, reproduce, alter, modify or disseminate the contents published by the other "producers" without their express consent;
- circumvent the measures adopted in order to prevent or limit access to the Site and / or the B2C Platform and their use;
- duplicate and / or create accounts other than your own, making them payable to fictitious names or in part with data common to other already registered users.
7.2 . Electronic communications
All communications envisaged and / or permitted pursuant to these General Conditions of Use will be made electronically, by e-mail or by publishing notices and communications on the Fooodle Platform.
Users expressly acknowledge and accept that notifications, information and other communications provided in electronic form satisfy the requirement of the written form, in accordance with the provisions of the law.
8. Intellectual Property
8.1. Copyright, database and content rights
All the contents present or made available through the Fooodle Services in the form of texts, graphics, logos, icon buttons, images, audio files, digital downloads, data and software collections, lists or other databases, are the exclusive property of Camapp srls or its content suppliers and are protected by Italian and international laws on copyright, industrial law and database rights.
It is not allowed to systematically extract and / or reuse data or parts of the Fooodle Services without the express written consent of Camapp srls. In particular, it is not permitted to use data mining, robots or similar capture or extraction devices to mine (one or more times), to reuse any substantial part of any Fooodle Service, without express written consent.
In no case will the User have the right to create and / or publish his own database that reproduces substantial parts (eg prices and product lists) of the Fooodle Services without the express written consent of the aforementioned Company.
It is not allowed to download and reuse texts and photographic material produced by Camapp srls without the express written consent of the same and any contents authorized and used by users must clearly indicate the owner of the intellectual property, namely the wording "Fooodle", and redirect to one of the pages of the "Fooodle" Platform.
8.2. Brand names
The graphic material, logos, page headers, icon buttons, fonts and service marks, included or made available through any of the B2C Fooodle Services are trademarks or distinctive signs of Camapp srls.
The trademarks and distinctive signs of Camapp srls cannot be used in relation to products or services that are not of the same company, in such a way as to generate confusion among customers or in any way that could denigrate or discredit Camapp srls.
All other trademarks not owned by Camapp srls that appear on any of the Fooodle Services are the property of their respective owners, who may or may not be connected, connected to the Company and / or sponsored by the same.
8.3. Licenses
The ownership rights of the contents, including texts, photographs and anything else published on the Fooodle Platform, including the Seller Contents (the "Contents") are owned by the User who uploaded them through their Account.
Upon publication of the contents on the Platform, the User grants a perpetual, free, non-exclusive and unrestricted license to use, reproduce, distribute, transfer to third parties, sublicense, view the contents also in relation to the provision of the Fooodle Services. as well as within the services of and commercial and / or advertising activities of Camapp srls, including, but not limited to, the promotion and redistribution of all or part of the B2C Platform, in any format and by means of any distribution channel.
Notwithstanding the foregoing, all photos, videos and / or other material directly created by Camapp srls in the case provided for in the previous paragraph is the exclusive property of Camapp srls.
9. Limitation of Liability
Camapp srls undertakes to do everything possible to ensure that access to the Services offered by the "Fooodle" platform is provided without interruptions and that transmissions take place without errors.
However, due to the nature of the internet, uninterrupted access and the absence of transmission errors cannot be guaranteed. Furthermore, upon notice to Users, access to the “Fooodle” Services may also be occasionally suspended or limited to allow for repairs, maintenance, or the introduction of new activities or services.
Users who use the B2C Platform and the "Fooodle" Services are aware of the fact that Camapp srls makes no guarantees of any nature regarding the identity, legal capacity, seriousness of intent or other characteristics of the advertisers, the quality , the lawfulness and safety of the goods object of the offers, the truthfulness and accuracy of the descriptions provided.
Users assume all responsibility for any damage that may derive to their computer system from the use of the "Fooodle" Services.
The Company does not provide any guarantees regarding the successful outcome of the sales negotiations between Sellers and Buyers and none of the activities carried out by the Company, not even those relating to support in the management of complaints / returns can be interpreted in this sense.
Camapp srls. cannot be held responsible for:
- losses that are not a consequence of the violation of these General Conditions of Use B2C;
- for any loss of business opportunity (including lost profits, revenues, contracts, presumed savings, data, goodwill or unnecessarily incurred expenses);
- any other indirect or consequential loss that was not reasonably foreseeable when the user started using the B2C Fooodle Services;
- for any delay or non-fulfillment of the obligations set out in these B2C General Conditions of Use if the delay or non-fulfillment derives from unforeseeable circumstances or due to force majeure.
-
Although Camapp srls has structured a careful selection process for Sellers, it does not guarantee the quality of the products traded through the "Fooodle" Platform, nor does it recommend the purchase or sale of any particular product.
In general, the Company is not responsible for the conclusion and execution of individual product sales transactions, including any fraudulent use of the payment methods accepted by the Platform.
Camapp srls assumes no responsibility for content created or published on third party sites with which the Platform has a hypertext link ("link"). The Company does not control these links and is not responsible for their contents or their use. The presence of links on the B2C Platform does not imply any acceptance by Camapp srls of the material published on such websites or any other relationship between the Company and their managers. The User who decides to visit a website connected to the "Fooodle" Platform and / or the Site does so at his own risk, assuming the responsibility of taking all necessary measures against viruses or other malware.
10. The role of society
Camapp srls, despite providing some ancillary services, such as the shipping service through Shipping Partners, remains totally unrelated to the underlying sales contract stipulated between the Seller and the Buyer, who are the only contracting parties.
Camapp srls does not carry out any activity of purchase or sale of products or intermediation or mediation of disputes between Seller and Buyer. Camapp srls in the management of the "Fooodle" Platform is not an agent or a distributor.
The Seller will be solely responsible for the correct execution and fulfillment of the sales of products through the "Fooodle" Platform.
In any case, the Buyer and the Seller explicitly acknowledge that this formality does not make Camapp srls part of the sales contract stipulated between them.
Regarding the price, buyers will proceed to pay the total price of the selected products (including taxes and delivery costs) using the payment methods accepted by Camapp srls and according to the methods indicated on the "Fooodle" platform, it being understood that the payment is received by Camapp srls in the name and on behalf of the seller.
The Seller expressly declares to accept that Camapp srls will collect, in its name and on its behalf, the price of the products purchased (including taxes and delivery costs) according to the methods and payment methods indicated on the platform.
The Seller expressly declares to accept that, after the acceptance of the purchase order by the Supplier, Camapp srls will pay the price of the products in its favor as indicated in the price list provided.
11. Permits and licenses
By accepting the General Conditions of Use of the Fooodle Platform, users declare:
(i) that the Buyer or, as the case may be, that the Seller has all the powers to register on the Fooodle Platform, use the services from the same offer and validly conclude contracts for the purchase and sale of products and execute them;
(ii) to have the authorization to use, publish, spend content, brands, logos of the company that uses the B2C Fooodle Services;
(iii) to have the necessary licenses and permits for distribution, production and trade as established by applicable laws;
(iv) to be in possession of any certifications necessary for export to European Union or non-EU countries which are indicated in the registration phase or which are reported later.
12. Variations and additions to the general conditions of use of the "Fooodle" Platform
Camapp srls reserves the right, at any time, to modify, integrate and / or cancel, in whole or in part, the B2C Fooodle Services, the policies, these General Conditions of Use of the platform and any accessory document. to offer new products or services or to adapt to market needs or legal and regulatory provisions.
In the above hypothesis, Camapp srls undertakes to communicate the contractual changes to the Users by publishing a notice on the Homepage on the Platform and on the General Conditions of Use page.
The User undertakes to regularly check the General Conditions of Use and expressly agrees that his use of the Fooodle Platform, following the communication / publication of the variations of the General Conditions, constitutes an unequivocal manifestation of their acceptance.
Where a user does not intend to accept the changes to these General Conditions of Use, he will have the right at any time to request the cancellation of his Account by following the procedure available on his personal area of the Site or by writing an email to info@fooodle.it with the subject "Account deletion".
13. Service Interruption
Access to the Fooodle Platform may be temporarily interrupted in the event of technical problems or to ensure its maintenance. Such interruptions will be communicated, if possible, by posting a notice on the Platform Homepage.
At any time, Camapp srls may make improvements and / or changes to the Web Platform and to the Services offered if this is necessary for technical reasons or in order to comply with current legislation.
The Company reserves the right to interrupt, in whole or in part, the B2C Fooodle Service even without notice, without the users for this reason accruing a right to any form of indemnity, penalty or reimbursement.
14. Duration, withdrawal and termination
14.1. time
The General Conditions of Use of the Fooodle Platform are effective from the date of signing of the same and / or from the date of the User's registration and remain valid and effective until the date of cancellation of the Account.
The duration of the contract with the Suppliers / Sellers is set at nine months from the signing of the same and / or from the registration date of the Supplier on the "Fooodle" web platform and will be tacitly renewed from time to time in the event of failure to withdraw. of the Supplier.
14.2. Withdrawal of Suppliers / Sellers
The Supplier / Seller may withdraw from the existing contract with Camapp srls by means of a communication with registered letter with return receipt to be sent to the Company at the following addresses (Camapp srls, with registered office in Scisciano (NA) at via Cerqua Sant'Antonio n.15 - address peccamapp@pec.it), with notice of at least 15 (fifteen) days.
14.3 Suspension or termination by Camapp srls
Unless otherwise agreed in writing, Camapp srls will have the right to withdraw from these General Conditions of Use, for any reason and at any time, with two months' written notice.
The Company will also have the right to suspend and / or interrupt the B2C Fooodle Service to the user (Supplier / Buyer) and prevent access to the Account in the following cases:
(i) the user has provided false, incomplete, incorrect or misleading information or has engaged in fraudulent or illegal conduct;
(ii) unauthorized or fraudulent use of the Account associated with the user or of the respective payment data is found or reported;
(iii) in case of violation of the obligations respectively provided for by users in the following articles: 2 (Object and parts); 3 (Services rendered); 4 (Reviews and comments); 7 (Conditions of use of the “Fooodle” platform); 8 (Intellectual property); 11 (Permits and licenses);
(iv) only towards the Sellers, where the Seller violates any of the obligations set out in Article 6 (Obligations for the Sellers) or any of the obligations specifically listed in the separate written agreements entered into with Camapp srls;
(v) only towards the Buyer, where the Buyer violates any of the obligations set out in Article 5 (Obligations for Buyers).
In the event of any of the aforementioned cases, Camapp srls will inform the user (Buyer or Seller) of the suspension of the relevant Account and of the reasons for such suspension, where possible, before this occurs.
The Company will reactivate the user's Account only if the user has remedied the alleged violations within 15 (fifteen) days from the date of receipt of the notification of suspension.
Otherwise, without prejudice to the further right to compensation for any damage, the General Conditions of Use will be considered terminated by law pursuant to art. 1456 cc
Any request for Account reactivation must be made by email to info@fooodle.it with the subject "Account Reactivation".
Notwithstanding the foregoing, if a Customer does not use the B2C Fooodle Service for a period of at least 24 (twenty-four) consecutive months, Camapp srls will, after sending a notice via email, cancel the Account associated with that user.
In any case, the Company reserves the right to take appropriate judicial initiatives, both civil and criminal, to protect its own rights and interests and the rights of third parties.
14.4. Consequences of withdrawal, suspension or termination
Upon receipt of the request for withdrawal or in cases of suspension or termination, Camapp srls will cancel any pending transaction.
Against the cancellation of the Account and the termination, for any cause and / or reason, of these General Conditions of Use towards the user, Camapp srls cannot be held responsible towards the user for any compensation, compensation or damages of any kind, direct or indirect, including damages for loss of possible profits, anticipated sales, goodwill or for expenses, investments or obligations related to the termination or suspension of the B2C Fooodle Service.
Furthermore:
- the user will remain responsible for the payment of all commissions, charges and other payment obligations relating to the use of the B2C Fooodle Service accrued up to the effective date of the cancellation of the Account;
- all licenses or other rights recognized to the parties under these B2C General Conditions will cease with immediate effect;
- the user must promptly return or destroy and stop using all materials provided by Camapp srls
15. Indemnity
In case of violation of the user's obligations pursuant to these B2C General Conditions of Use or the declarations and guarantees given therein, the user will be required to indemnify and hold Camapp srls harmless from and against any dispute, cost, legal action, dispute or claim and from any loss, damage, liability, order, penalty, interest and expense (including, without limitation, legal fees) arising from disputes, legal actions, investigations, investigations, inquiries or other proceedings promoted by any subject in relation to:
- an ascertained or possible non-fulfillment of the declarations, guarantees or obligations provided for by these General Conditions of Use B2C;
- ascertained or possible injuries or violations of the rights of third parties or applicable laws deriving from the use of trademarks and / or distinctive signs of the user and / or third parties in relation to the B2C Fooodle Service or the B2C Platform;
- the use by the user of the B2C Fooodle Service or the execution of the purchases and sales of products concluded through the Fooodle Platform.
16. Contacts
Camapp srls
Registered office: via Cerqua Sant'Antonio n.15, 80030 Scisciano (NA) Italy
VAT number 09286311213
website www.fooodle.it
pec address: camapp@pec.it
email address: info@fooodle.it
17. Applicable law and competent court
These B2C General Conditions are regulated and must be interpreted according to Italian law.
In the event of disputes relating to the interpretation and application of these B2C General Conditions and / or any non-fulfillment or disservices attributable to Camapp srl and the related disputes between the aforementioned Company and the Suppliers / Viewers, they will be devolved to the Court of the place where the registered office is Camapp srls.
In the event of any disputes that may arise between the Supplier / Seller and the Buyer , the legislation envisaged by the Legislative Decree of 6 September 2005, n. 206 (so-called "Consumer Code") and the civil code.
Acceptance of the general conditions
Pursuant to and for the purposes of articles. 1341 and 1342 and ss. cc, the user declares to have carefully read and understood and therefore to expressly approve the Premises and the articles and / or clauses indicated below:
Art.2 Object and parts;
Art.3 Services rendered;
Art. 3.1 Sales promotion services;
Art. 3.2 Commercial transaction services;
Art. 3.2.1. Products;
Art. 3.2.2 Graphics of the products;
Art. 3.2.3. Characteristics and availability of products;
Art. 3.2.4 Purchase procedure;
Art. 3.3 Complaints;
Art. 3.4. Buyer's right of withdrawal;
Art. 3.5. Shipping services;
Art.4 Reviews and comments;
Art. 5 Obligations for Buyers;
Art. 6 Obligations for Sellers;
Art. 6.1 Responsibility for information and contents;
Art. 6.2 Responsibility of Sellers on products and offers;
Art. 6.3 Data processing for promotional purposes for sale
Art. 6.4 Disputes between Supplier / Seller and Buyer;
Art. 6.5 Protection of the Image of the "Fooodle" Platform;
Art. 6.6 Price of the products;
Art. 6.7 Packaging of products;
Art. 7. Conditions of use of the “Fooodle” platform;
Art. 7.1. Permitted use;
Art. 7.2. Electronic communications;
Art. 8. Intellectual property;
Art. 8.1. Copyright, database and content rights;
Art. 8.2. Trademarks ;
Art. 8.3. Licenses;
Art. 9. Limitation of liability;
Art. 10. The role of the company:
Art. 11. Permits and licenses;
Art. 12. Variations and additions to the general conditions of use of the “Fooodle” Platform;
Art. 13. Service interruption;
Art. 14. Duration, withdrawal and termination;
Article 14.1. Duration ;
Art. 14.2. Withdrawal of Suppliers / Sellers;
Art. 14.3 Suspension or termination by Camapp srls;
Art. 14.4. Consequences of withdrawal, suspension or termination;
Art. 15. Manleva;
Art. 17 Applicable law and competent court.
INFORMATION FOR CONTRACTUAL CONDITIONS FOR PACKAGES
Premises
The general terms and conditions of membership and use of the service offered by the online platform "fooodle il marketplace italiano" are defined below, accessible through the website www.fooodle.it ., Owned by Camapp srls (VAT number 09286311213) with registered office in Scisciano (NA) at via Cerqua Sant'Antonio 15, in the person of the pro tempore legal representative and sole director Mr. Matrisciano Sebastiano, born in Massa di Somma (NA) on 05.07.1997.
The invalidity and / or ineffectiveness, even supervening, of one or more clauses will not result in the invalidity and / or ineffectiveness or termination of this contract.
The terms and conditions of membership and use include all notes, notices and information that will be published on the “Fooodle” platform.
The "Fooodle" platform is intended exclusively to facilitate commercial transactions between suppliers and consumers; Camapp srls does not assume any responsibility - except for that relating to obligations expressly placed on it by these conditions - in relation to the execution of the obligations by the companies (sellers) that operate on the platform.
In order to use the services offered by the “Fooodle” platform, registration is required, according to the established methods, and prior full acceptance of the contractual terms and conditions.
The age of majority is required to register on the “Fooodle” platform.
These premises are an integral part of the membership conditions.
1. Definitions
For the purposes of this contract, the following terms have the meanings specified below:
- Company: Camapp srls (VAT number 09286311213) with registered office in Scisciano (NA) at via Cerqua Sant'Antonio 15, in the person of the pro tempore legal representative and sole director Mr. Matrisciano Sebastiano, born in Massa di Somma (NA) on 05.07.1997.
- "Fooodle" platform: marketplace platform traceable, managed and owned by Camapp srls (VAT number 09286311213) with registered office in Scisciano (NA) at via Cerqua Sant'Antonio 15, in the person of the pro tempore legal representative and administrator single mr. Matrisciano Sebastiano, born in Massa di Somma (NA) on 05.07.1997.
- Buyer / Buyer / Customer : natural and / or legal person adhering to the "Fooodle" platform by means of registration, who requests and purchases the products made available by the Suppliers / Sellers;
- Supplier / Seller: natural and / or legal person who, by joining the "Fooodle" platform, advertises and sells its products and services through the platform;
- Contractual parties / Users: Supplier / Seller and Buyer / Buyer / Customer, as defined above, who conclude a contract for the purchase and sale of goods and services advertised on the "Fooodle" platform;
- Products / Services: goods which the Suppliers / Sellers promote the sale of and which, therefore, are advertised on the "Fooodle" platform and can be purchased by Buyers / Buyers / Customers.
2. Object and parts
The "Fooodle" platform has the function of facilitating the online meeting of supply and demand for agri-food products between the Seller and the Buyer and the Company Camapp srls, owner of the platform, is not part of the sale and purchase agreement that may be stipulated, except in the case of specific products sold and shipped by "Fooodle", expressly reported / indicated on the web platform.
The parties to the sales contract, the Seller and the Buyer, will take care to give exact execution to the same.
No pre-contractual and contractual responsibility can be charged to Camapp srls for the conclusion, interpretation and execution of the sales contracts between the individual Suppliers and the Buyers, nor for the truthfulness of the information provided and published on the "Fooodle" platform.
The Company will not assume the role of Seller towards the customer or buyer towards the Seller, except in the case of a sale involving products sold and shipped by "Fooodle", expressly reported / indicated on the web platform.
3.Services rendered
3.1. Vendor Promotion Services
Each participating Seller has the right to promote their business and their products through the "Fooodle" web platform.
The Seller will be given a "virtual showcase" on the platform where the textual content (eg product description) and audio visual content (eg photos, video and audio) will be uploaded, previously shared and agreed with Camapp srls, which is reserves the right to suggest / modify the contents before publication on the "Fooodle" platform in order to guarantee the same commercial visibility to all Sellers. Camapp srls, even after the publication of content on the platform, reserves the right to remove the published content, when reasons have arisen, subsequent to publication, which require or make it appropriate, at the sole discretion of the company, to remove the content. Then,
The delivery of materials and / or contents owned by the Seller sent to the Company for the purpose of publication on the web platform implies the release, free of charge, to Camapp srls, of full authorization for their use and economic exploitation, without limits. of space and / or time.
Camapp srls provides the opportunity for Sellers to request a photo shooting service, video shooting for products and corporate video - commercials. All textual and audio-visual contents created by Camapp srls and published on the web platform are the exclusive property of the company which retains all rights, including those for economic exploitation.
Any changes and / or variations of the contents can be made by contacting the Company directly at the following email address: info@fooodle.it
3.1.1 Free subscription
Each Seller can choose to join the subscription - free Fooodle Easy package
FOOODLE EASY PACKAGE
In case of registration on the "Fooodle" platform and adherence to this subscription, the creation of a special "virtual shop" on the marketplace is not envisaged (as required in the case of adherence to the FOOODLE STANDARD and FOOODLE PREMIUM paid packages) but the individual products offered for sale will be inserted and can be viewed by the Buyers only in the respective categories of belonging present on the website.
There is no provision for the publication of dedicated posts on the social pages.
The Seller will be entitled to:
- creation of a user area to be accessed using their own credentials, which will be provided when registering on the Fooodle platform;
- monitor, with access to your user area, the control panel through which: 1) supervise the individual products inserted; 2) update the availability of the individual products entered; 3) check the orders placed; 4) view product reviews, total sales made, total earnings, orders received, total products sold, 5) make a time comparison of sales; 6) view the payment requests to Camapp srls
- loading of up to 5 products;
Free package and expected commission
The FOOODLE Easy package is free.
There is a referral fee of € 0.50 € which will be applied to each individual product sold.
The amount accrued as a commission on each product sold will be withheld by Camapp srls from the price paid by the Buyer for the purchase of the same.
The subscription contract will be considered finalized with the registration to the “Fooodle” platform and its subscription.
Minimum duration of adhesion to the FOOODLE EASY package
The minimum duration of the contract, in case of adhesion to the FOOODLE EASY package, is set at three months starting from the signing of the same and / or from the registration date of the Seller on the "Fooodle" web platform and will be tacitly renewed from time to time. case of failure to withdraw and / or failure to adhere to another promotional package by the Seller.
Seller's withdrawal from the FOOODLE EASY package
The Seller may withdraw from the EASY package contract in place with Camapp srls by means of a communication with registered letter with return receipt to PEC to be sent to the Company at the following addresses (Camapp srls, with registered office in Scisciano (NA) at via Cerqua Sant'Antonio n. 15 - address peccamapp@pec.it), with notice of at least 15 (fifteen) days.
Membership of another package
The Seller adhering to the EASY package may change its contractual position in order to adhere to another promotional package offered (FOOODLE STANDARD AND / OR FOOODLE PREMIUM) by means of a communication to be sent to the Company at the following pec address: camapp@pec.it, with prior notice of at least 15 (fifteen) days prior to the expiry date of the current subscription. In the absence of such communication, the existing subscription contract will be tacitly renewed.
3.2 Business Transaction Services
Camapp srls makes available a virtual platform service, that is a portal-showcase within which its members will be able, respectively, to sell and buy agri-food products.
3.2.1. Products
The sale relates exclusively to the products published on the "Fooodle" platform established by the Supplier, requested in the purchase order of the purchaser and indicated in the order confirmation or, in general, in the communications that the parties have put in place.
3.2.2 Graphics of the products
The products are presented on the “Fooodle” platform through the publication of digital photographs and / or videos provided by the Sellers. These photographs and / or videos have a purely descriptive and non-exhaustive function, as any modest variations between the video-photographic representations and the reality of the products do not constitute conformity defects.
The Seller expressly undertakes to publish contents that are faithfully representative of the object offered for sale on the platform, assuming the sole responsibility towards the customer, with the exclusion of any responsibility of the Company in relation to any discrepancies between the graphics of the products on the platform " Fooodle ”and delivered products.
3.2.3. Characteristics and availability of products
The Seller undertakes to periodically communicate and update the cd. "Online showcase", specifying all the characteristics, the conditions of sale relating to its products in a truthful and correct manner, failing which it will remain directly and fully responsible towards the Customer.
Although Camapp srls reserves the right to veto the publication of the contents, the Supplier assumes all and greater responsibility for the content of the information provided by the same and entered on the platform.
In the event that all or some of the products offered are temporarily unavailable or are out of stock, the Supplier is obliged to communicate and update, in real time, the actual availability or exhaustion of the products included in the "Fooodle" web platform to in order to guarantee the maximum efficiency of the service. In case of non-fulfillment of this contractual obligation, the Supplier will be directly responsible towards the buyer for all sales, concluded through the platform, which will suffer delays in the delivery of the products or for cases of impossibility of delivery. The Company will in no case be responsible for errors, omissions and inaccuracies contained in the data entered and published on the web platform.
3.2.4 Purchase procedure
The stipulation of a purchase agreement for the products on the "Fooodle" platform is subject to the following procedure:
- sending a purchase order by the customer, according to the established procedure and following the instructions that will appear on the platform from time to time;
- payment of the sale price , according to the methods indicated;
- receipt of the purchase order by the supplier ;
- forwarding e-mail summarizing the purchase order data to the customer ;
- sending confirmation / acceptance of the order to the buyer by the supplier , according to the methods indicated;
- payment by Camapp srls, after acceptance of the purchase order by the Supplier, in favor of the latter of the price of the products ordered , as indicated in the price list provided, net of the amounts withheld as a commission for report expressly provided and accepted in case of adhesion to the FOOODLE EASY package.
Purchase order
For the purpose of sending the purchase order, the Customer must correctly complete the procedure provided for by the "Fooodle" platform for this purpose, selecting the products he is interested in, filling in all the data necessary for payment and delivery. It will be his task to forward the purchase order by following the steps indicated by the "Fooodle" platform; the Buyer will also have the possibility to request the forwarding of the invoice, by entering the relative requested data.
The Buyer will have the opportunity to verify the data entered and correct any errors before sending the purchase order.
Following the sending of the purchase order, the Buyer will receive an email summarizing all the data entered therein (including the total price of the selected products, including taxes and delivery costs). The summary email should not be considered a confirmation of the purchase order but is exclusively informative.
At the same time, the Customer will pay the price of the products ordered, according to the methods indicated.
Refused transactions will be deemed not to have been received.
The Company reserves the right to cancel, by informing the seller and the buyer, the purchase order if:
- carried out in violation of these contractual conditions, or of applicable laws and regulations;
- there is the possibility that the resulting transaction could be considered fraudulent or illicit.
Product payment service
The contract for the sale of the products is to be understood as stipulated between the seller and the customer. Parties to the sales contract are the Seller and the Customer who will take care to give exact execution to the same.
The Company, in the context of this commercial relationship, limits itself to putting the Seller and the Customer in contact, remaining unrelated to the stipulation of the contract, except in the case of a sale involving products sold and shipped by "Fooodle", expressly reported / indicated on the web platform.
Buyers will pay the total price of the selected products (including taxes and delivery costs) using the payment methods accepted by Camapp srls and according to the methods indicated on the "Fooodle" platform.
The payment is received by Camapp srls in the name and on behalf of the seller from whom it received the collection authorization.
The Seller expressly declares to accept that, in its name and on its behalf, Camapp srls will proceed with the collection of the total price of the products purchased (including taxes and delivery costs).
The amount accrued as a commission (€ 0.50) on each product sold will be deducted by Camapp srls from the price paid by the Consumer for the purchase of the same.
The Company, at its sole discretion, reserves the right to change the payment methods indicated on the web platform.
No responsibility can be attributed to Camapp srls in case of irregularities found in the use of the product payment service.
Purchase order acceptance
The purchase order sent by the Buyer must be considered binding only in the following cases:
- the entire order procedure, indicated by the "Fooodle" platform, has been completed regularly and correctly, without any error messages being highlighted;
- payment of the total price of the products ordered (including taxes and delivery costs) has been correctly made according to the methods indicated on the "Fooodle" platform;
- the Seller, having received the purchase order for the products, has accepted it according to the procedure provided by the "Fooodle" platform and has sent the confirmation of acceptance to the Buyer;
- the Buyer has received confirmation of the acceptance of the order by e-mail and notification in his personal area of the web platform.
The confirmation of the purchase order will indicate all the data present in the summary document of the purchase order, the details of the shipment (including delivery times, which in any case are not to be considered mandatory terms).
In the event that, upon receipt of the Buyer's purchase order, all or part of the products ordered are not available or are out of stock, the Seller will have the right to accept the order exclusively for the products available (possibly proposing to the Buyer purchase of similar products).
In the event that the Customer informs the Seller that he does not accept the replacement with similar products of equivalent value, he will receive, directly from the Seller, an email of partial cancellation of the order and the consequent refund of the price paid for the purchase of the unavailable products or out of stock.
The Seller undertakes to accept or refuse the order within 24 (twenty-four) hours from the date of receipt of the same, not taking into account Saturdays and holidays for this purpose.
If the Seller does not accept or refuse the purchase order within the term of 24 (twenty-four) hours as determined above, the order will be automatically rejected by the "Fooodle" Platform, with forwarding to the Customer of a communication of cancellation and subsequent refund by of Camapp srls of the amount paid.
Camapp srls reserves the right to cancel in whole or in part the acceptance of the purchase order in the following cases:
- carried out in violation of these contractual conditions, or of applicable laws and regulations;
- there is the possibility that the resulting transaction could be considered fraudulent or illicit.
In any case, the Company reserves the right to contact the Seller directly to check the status of the purchase order.
In the event that the Seller is unavailable or declares the unavailability or exhaustion of the products covered by the purchase order, the Company has the right to inform the Buyer by e-mail. In this case, the Buyer will have the right to replace the unavailable products or request the return of the amount paid.
Both the Seller and the Buyer acknowledge and accept that the activity put in place by Camapp srls cannot in any case be considered or interpreted as a sales or intermediation activity in the sale of products, being solely aimed at guaranteeing the proper functioning of the platform " Fooodle ".
Both the Seller and the Buyer acknowledge and accept that no responsibility can be charged to Camapp srls in relation to the activity carried out, in the event of inaccurate and / or non-execution of the sales contract.
3.3 Complaints
The Buyer within 8 (eight) days of receipt of the products has the right to report any defects via certified e-mail or by registered mail, by starting the complaint procedure or request for reimbursement to the Seller.
In case of receipt of a complaint concerning defects or discrepancies of products, the Seller, having assessed the validity of the same and of the refund request, will re-credit the amount paid by the Buyer. The refund will be made using the same payment method used by the Buyer for the purchase.
The Seller will refund in the case of:
- obvious and objective discrepancies between the goods advertised by the Seller on the “Fooodle” platform and the goods received by the Buyer;
- goods damaged during transport due to packaging that does not comply with packaging standards.
Where the complaint is deemed well founded, the Buyer will promptly return the disputed products, without prejudice to the Seller's right to collect them at his own expense, fully or partially reimbursing the Buyer to whom the sums paid will be re-credited by the Seller (including the any expenses incurred for returning the products).
3.4. Buyer's right of withdrawal
a) Exercise of the right of withdrawal
The Customer has the right to withdraw from the purchase contract for any reason, without the need to provide explanations and without any penalty, except in the cases of exclusion provided for in the following paragraph (b).
Specifically, pursuant to art. 52 and ss. of the Legislative Decree 206/2005 ( so-called Consumer Code ), the Buyer will have the right to exercise this right, in relation to specific products, other than those listed in the following paragraph (b), provided that, after delivery, such products do not have been opened or their seals have not been altered.
To exercise the right of withdrawal, the Buyer must send the Seller, within 14 days from the date of delivery of the products covered by the purchase order, a written communication by certified e-mail, or by registered letter with return receipt, inserting the following subject: "Exercise of the right of withdrawal", expressly declaring in the email communication their will to withdraw and providing the following additional information:
the. purchase order number and purchase date;
ii. delivery date of the purchase order;
iii. the name and address of the Buyer;
iv. the indication of an e-mail and telephone number of the Buyer;
v. article code or the items purchased and for which the right of withdrawal is to be exercised.
The right of withdrawal applies to the product purchased in its entirety; therefore, if the product is made up of several components or parts, the right of withdrawal cannot be exercised only on part of the product.
Upon receipt of the communication to exercise the right of withdrawal, the Seller will open a file for the management of the return and communicate to the Buyer the instructions on how to return the products which will take place by courier indicated by the Company itself no later than the term of 14 days from the date of communication of the exercise of the right of withdrawal and with return costs charged to the Buyer.
In case of exercise of the right of withdrawal, the full amount of the returned products will be reimbursed to the Buyer within 14 days from the day on which the Seller was informed of the Buyer's decision to exercise the right of withdrawal.
The Seller will proceed with the reimbursement of the amount paid, with the exception of shipping costs, after checking the integrity of the product.
The refund will be made using the same payment method used by the Buyer.
b) Cases of exclusion of the right of withdrawal
Pursuant to art. 59, paragraph 1, letter d and e, of the Legislative Decree 206/2005 ( so-called Consumer Code ), the right of withdrawal is excluded in relation to:
a) goods purchased by a "non-consumer " Buyer, in accordance with the provisions of art. 3, paragraph 1, letter a) of the Consumer Code and / or requesting an invoice;
b) assets that are likely to deteriorate or expire rapidly;
c) sealed goods which cannot be returned for hygienic reasons or related to health protection and which have been opened after delivery.
The right of withdrawal is totally lost if the returned product is not intact, that is:
- lack of original packaging;
- absence of integral elements of the product;
- damage to the product for reasons other than transport.
The right of withdrawal does not apply to the supply of food which, by its nature, cannot be returned or is liable to deteriorate or expire rapidly.
The Buyer, in particular, is informed and accepts that the right of withdrawal does not apply to the supply of foods which, by their nature, cannot be returned or are liable to deteriorate or expire rapidly.
The products that “risk deteriorating or expiring rapidly” include all food products, as the characteristics and qualities of these types of products are subject to alteration also as a result of inappropriate storage.
Therefore, for reasons of hygiene and the protection of Users, the right of withdrawal is only applicable for products purchased through the "Fooodle" platform that can be returned to the Seller, intact in their respective seal and returned without danger to the health of Consumers.
3.5. Shipping services
Camapp srls has signed commercial agreements with the DHL express courier “Partner Spedizioniere”.
Available options
While the shipment is in transit, with DHL On Demand Delivery the Customer will be able to:
a) reschedule the delivery on a more convenient date: customers can change the delivery date of the shipment at will and according to their needs, within 7 actual days;
b) request the custody of the shipment for up to 30 days: in the event that customers, on vacation or away for work, cannot make the withdrawal, they can request the suspension of the delivery up to a maximum of 30 actual days;
c) collect goods or documents at all DHL points: customers can indicate the nearest DHL point of delivery as the place of delivery and personally collect the shipment when they prefer;
d) change the delivery address: customers can change the place of delivery of the shipment, indicating a more convenient address;
e) have the shipment delivered to a neighbor: in case of absence, the courier is authorized to leave the shipment with a neighbor who is the guardian or guard expressly indicated by the customers;
f) to leave the shipment at the entrance door: customers can authorize the courier, in case of absence, to leave the shipment at the entrance door (or in another position indicated by them) without the need for a signature.
Traceability of the order
Once the purchase has been made, customers will receive the estimated delivery date via email or SMS. Using a PC or smartphone, they will be able to access On Demand Delivery and customize the receipt of their purchase (for example, they will be able to change the delivery date of their shipment). The courier and the DHL branch will receive the changes requested by the Customer who, in turn, will receive confirmation of the update and notification of the new shipment delivery date. The shipment will be delivered on time and in the manner established, to ensure their satisfaction.
Any delays or problems concerning the delivery
In the event that the goods purchased by the Buyer arrive late, more than 24 hours with respect to the delivery date reported at the time of completion of the sale (which in any case is never considered as peremptory and / or essential) or is damaged (for causes other than packaging not compliant with Packaging Standards) and / or lost, the Buyer must report the event that occurred within 24 hours of delivery, so that the latter can assert the carrier's liability pursuant to and for the effects of articles 1683 and ss. cc and in particular the articles 1693 and 1696 cc
The report must be made by means of a written communication by e-mail to the following Pec address: camapp@pec.it with the subject "Claim Shipping".
Camapp srls will not be responsible for any rejection of any claim for compensation against the carrier and / or for other forfeits, including in the event of late notification by the Buyer.
In any case, it is understood that in no case Camapp srls can be held responsible for errors in delivery due to inaccuracies or incompleteness in the compilation of the purchase order by the Buyer or for inaccuracies or incompleteness of the data provided by the Seller.
Furthermore, Camapp srls cannot be held responsible for damages (direct and / or indirect and / or for loss of earnings), losses and / or damage or theft of products that may have occurred to the products after their delivery to the carrier in charge of transporting the goods. themselves as well as for delays in the collection or delivery of packages both to Sellers and Buyers.
4. Reviews and comments
After the completion of each sale, Customers will have the right to issue, as appropriate, a comment and a rating on the Seller, a comment on the related products purchased and, in general, on the shopping experience through the "Fooodle" platform.
Exclusively for this purpose, through the “Fooodle” platform, the use of a specific blog is envisaged for customers.
It is expressly forbidden for each Buyer to use this blog for the publication of comments having illicit, obscene, abusive, intimidating, defamatory content or in violation of privacy, intellectual property rights or in any other offensive way of Camapp srls and / or of the Seller and / or third parties, or political propaganda, commercial solicitation, viruses, chain letters, mass e-mails or any other form of spamming.
Camapp srls reserves the right to remove or modify the contents published in violation of these Contractual Conditions, the applicable law.
5. Obligations for Buyers
The Buyer undertakes to provide, at the time of registration, their tax data and the personal information requested, which may be subjected to prior verification upon the release of the access credentials to the site.
The Buyer also undertakes to keep all personal information updated, guaranteeing its truthfulness, completeness and accuracy.
All information provided at the time of the original registration request will be included in the registration data.
The Buyer assumes full responsibility for the accuracy and truthfulness of the data transmitted and published on the "Fooodle" platform, whether or not they are aimed at completing the registration and / or purchase procedure of the products.
All Buyer registration data will be processed and used by the Company in compliance with the confidentiality and security rules provided for by the applicable legislation.
The Buyer is responsible for the content of his messages, and in general for all interactions with other users, including any use of the product sales service and the comment and review service in compliance with all the provisions of current laws and the General Conditions of Use of the “Fooodle” Platform.
The Buyer undertakes not to disturb, directly or through third parties, in any way the service offered by the "Fooodle" Platform.
The Buyer undertakes, under penalty of immediate exclusion from the "Fooodle" Platform and consequent interruption from the related services, not to contact, directly and / or indirectly, by any means other than the "Fooodle" platform, the Sellers adhering to it.
In no case may the Customer use a false e-mail address, pretend to be another person or subject.
The Buyer undertakes to indemnify Camapp srls from any loss, damage or liability, cost or expense deriving from the violation of these contractual provisions.
6. Obligations for sellers
The Seller, without prejudice to all the obligations placed on it by this contract, expressly undertakes to operate on the "Fooodle" platform respecting the highest standards of correctness and professionalism, and to refrain from any action, initiative or behavior that may cause prejudice to the image of the “Fooodle” platform.
The Seller undertakes, under penalty of immediate exclusion from the "Fooodle" Platform and consequent interruption from the related services, not to contact, directly and / or indirectly, by any means other than the "Fooodle" platform, the Buyers registered on it.
6.1. Responsibility for information and content
The Seller / Supplier undertakes, upon registering on the "Fooodle" web platform, to provide Camapp srls with the personal information requested, all their identification and tax data, updated Chamber of Commerce registration, as well as their telephone number and address certified e-mail, which may be subjected to prior verification according to the release of the access credentials to the platform.
If, following the outcome of the checks, the data provided by the Supplier should prove to be untrue or non-existent, the Company will have the right to inhibit access to the web platform.
All data provided will be processed and used by the Company in compliance with the rules of confidentiality and security provided for by current legislation.
The Seller / Supplier undertakes to also undertake to keep them updated and to guarantee their truthfulness, completeness and accuracy. All information provided will be included in the registration data.
All the Seller's registration data will be processed and used by Camapp srls in compliance with the confidentiality and security rules provided for by the applicable legislation.
The Seller assumes all and greater responsibility for the content of the information provided by the same and published on the "Fooodle" platform.
Camapp srls will in no case be responsible for any errors, omissions and inaccuracies that may be contained in the data entered on the "Fooodle" platform.
The Seller will be the one and only responsible for the contents uploaded on the "Fooodle" Platform; the Seller is obliged to guarantee that it has the ownership or in any case the availability of all rights relating to the published content; that, as of the date the content or material is published, it is accurate and relevant; and the use of the content and material provided does not violate the rights of third parties.
The Seller undertakes to indemnify and hold harmless the Company from all legal actions taken by third parties against the Company deriving from or in any case connected with the contents and materials provided by the user and published on the "Fooodle" Platform.
6.2. Responsibility of the Sellers on products and offers
The Seller undertakes to communicate and periodically update, through the web platform, the so-called "online showcase", specifying all the characteristics, the conditions of sale relating to its products in a truthful and correct manner, failing which it will remain directly and fully responsible towards the buyer.
The Seller assumes all responsibility for the product it sells and for the commercial information it provides to Camapp srls for publication on the “Fooodle” platform.
The Seller declares and guarantees the quality of the products offered through the "Fooodle" Platform, as well as the exact observance of the rules relating to their production and / or storage and / or marketing, in compliance with the applicable regulations.
The Seller undertakes to ship the products compliant with those described on the platform.
The Seller undertakes with regard to the content of its offers to comply with all the provisions of the laws in force, with particular reference to the principle of contractual good faith and free competition.
Camapp srls cannot in any way be held responsible for the illicit, illegitimate, mendacious or inaccurate content of the offers, undertaking the Seller to indemnify and hold harmless the aforementioned company from any request in this regard.
The Seller declares and acknowledges that he is solely responsible for the offer and sale and conformity of the products and the consequent relationship with the Customer. The Seller declares to indemnify and hold harmless Camapp srls from any liability, request for reimbursement and / or compensation that may arise from the Buyers as a consequence of and depending on the disputed quality, conformity of the products sold, their conservation and, in any case, failure compliance with the specific applicable regulations.
6.3. Data processing for promotional purposes for sale
The Seller expressly authorizes the Company to publish descriptive content and images on the platform, including the Seller's logo and any trademark of which it has the legitimate use, giving the widest and most unconditional consent. The published material can be found directly by the Company or provided by the Seller. It remains in the right of the Seller to request the removal / replacement / modification of the contents published at his simple request, provided that this does not constitute an impediment to the sale.
6.4. Disputes between Supplier / Seller and Buyer
The Seller is solely and exclusively responsible for any disputes, claims, claims, disputes, actions, claims, requests for reimbursement or compensation - including for damages, of any type and nature that may be formalized by the Customers / Buyers by virtue of:
- failure, erroneous, delayed or incomplete conclusion and execution of the sales contract or of one or more obligations deriving from the contract;
- inaccuracy, anomalies, errors and / or omissions, of any nature, relating to the information provided by the Seller on the "Fooodle" Platform;
- quality defects of the products and / or packaging, erroneous, incomplete, misleading and / or illegitimate publication on the platform.
In consideration of the extraneousness of Camapp srls to the sales contract, in the event of a dispute, the Supplier / Seller exonerates as of now from any liability related to any disputes and undertakes to hold it harmless and indemnified from any request for reimbursement and / or compensation should derive from the Buyers / Customers.
At the same time, the Seller undertakes to compensate Camapp srls for any damages suffered by this company due to legal actions where it has given cause directly or indirectly, proceeding to the reimbursement of all costs and expenses incurred, including the legal ones.
6.5. Protection of the Image of the "Fooodle" Platform
The Seller, without prejudice to the other obligations placed on it by these contractual conditions, expressly undertakes to operate on the "Fooodle" Platform respecting the highest standards of correctness and professionalism and, in any case, to refrain from any action, initiative, behavior that may be inconvenient or detrimental to the image of the Platform or that may cause discredit to Camapp srls
The Seller undertakes not to disturb, directly or through third parties, in any way the service offered by the "Fooodle" Platform.
6.6 Price of products
The Seller, upon signing this contract, undertakes to provide Camapp srls with the price list of its products that it intends to sell on the "Fooodle" platform.
Camapp srls, after acceptance of the purchase order by the Supplier, will pay the latter of the price of the products ordered, as indicated in the price list provided, net of the amounts withheld as a commission for reporting. expressly provided for and accepted in case of adhesion to the FOOODLE EASY package.
The Seller undertakes to align, for the entire duration of the relationship with the Company, the sale price of its products on both e-commerce, both in the B2C market and in the B2B market; informing the Company of any price change that it will adopt on its e-commerce system at least 7 (seven) days before the date on which the price change will be applied to the products on sale.
The Seller acknowledges that the non-fulfillment of the obligation referred to in this paragraph will constitute a reason for the contractual termination of the contract by Camapp srls, which will have the right to terminate the existing contract and cancel the Seller's account.
6.7 Packaging of products
The Seller undertakes to carry out the packaging of the products covered by the purchase order at its own expense.
Simultaneously with the acceptance of the purchase order, the Seller undertakes to notify Camapp srl of the packaging times of the products covered by the purchase order.
After 24 hours from the date indicated by the Seller for the completion of the packaging, the Shipping Partner will collect the goods to be delivered at the Seller's premises.
The Seller is obliged to prepare the package for shipment according to the packaging standards provided by the Shipping Partner.
When packing the ordered products, the Seller undertakes to affix an identification sticker of the "Fooodle" web platform externally to each wrapper and also undertakes to insert a thank you card from Camapp srls inside.
The stickers and thank you cards will be provided by Camapp srls, at its own expense.
The Seller also undertakes to print, from time to time, a waybill, which will be automatically generated by the Company, and affix it to the wrapping to be delivered to the Shipping Partner.
The Seller undertakes to specify the time within which an order can be taken over.
The Shipping Partner in charge will collect the package at the address provided by the Seller and will ship it according to the delivery times indicated from time to time.
7. Conditions of use of the "Fooodle" platform
7.1. Permitted use
Under no circumstances may the user act as a payment service provider, intermediary, service agency, or otherwise resell the B2C "Fooodle" service on behalf of third parties, for example, by handling, processing and transmitting funds on behalf of third parties. .
In using the Fooodle platform, Users undertake to comply with the applicable legal provisions, regulations and rules of ethics and good use of network services. In particular, they undertake not to:
- violate the laws in force or simulate purchase negotiations and / or hold unfair commercial conduct;
- spread computer viruses or other technologies capable of damaging the Fooodle Platform or its users;
- carry out actions that could cause an unreasonable overload to our technological infrastructures and that could interfere with the correct use of the platform by other users;
- send chain letters or proposals for pyramid schemes; copy, reproduce, alter, modify or disseminate the contents published by the other "producers" without their express consent;
- circumvent the measures adopted in order to prevent or limit access to the Site and / or the B2C Platform and their use;
- duplicate and / or create accounts other than your own, making them payable to fictitious names or in part with data common to other already registered users.
7.2 . Electronic communications
All communications envisaged and / or permitted pursuant to these General Conditions of Use will be made electronically, by e-mail or by publishing notices and communications on the Fooodle Platform.
Users expressly acknowledge and accept that notifications, information and other communications provided in electronic form satisfy the requirement of the written form, in accordance with the provisions of the law.
8. Intellectual Property
8.1. Copyright, database and content rights
All the contents present or made available through the Fooodle Services in the form of texts, graphics, logos, icon buttons, images, audio files, digital downloads, data and software collections, lists or other databases, are the exclusive property of Camapp srls or its content suppliers and are protected by Italian and international laws on copyright, industrial law and database rights.
It is not allowed to systematically extract and / or reuse data or parts of the Fooodle Services without the express written consent of Camapp srls.In particular, it is not permitted to use data mining, robots or similar acquisition or extraction devices to extract (one or more times) , to reuse any substantial portion of any Fooodle Service, without express written consent.
In no case will the User have the right to create and / or publish his own database that reproduces substantial parts (eg prices and product lists) of the Fooodle Services without the express written consent of the aforementioned Company.
It is not allowed to download and reuse texts and photographic material produced by Camapp srls without the express written consent of the same and any contents authorized and used by users must clearly indicate the owner of the intellectual property, namely the wording "Fooodle", and redirect to one of the pages of the "Fooodle" Platform.
8.2. Brand names
The graphic material, logos, page headers, icon buttons, characters and service marks, included or made available through any of the B2C Fooodle Services are trademarks or distinctive signs of Camapp srls
The trademarks and distinctive signs of Camapp srls cannot be used in relation to products or services that are not of the same company, in such a way as to generate confusion among customers or in any way that could denigrate or discredit Camapp srls
All other trademarks not owned by Camapp srls that appear on any of the Fooodle Services are the property of their respective owners, who may or may not be connected, connected to the Company and / or sponsored by the same.
8.3. Licenses
The ownership rights of the contents, including texts, photographs and anything else published on the Fooodle Platform, including the Seller Contents (the "Contents") are owned by the User who uploaded them through their Account.
Upon publication of the contents on the Platform, the User grants a perpetual, free, non-exclusive and unrestricted license to use, reproduce, distribute, transfer to third parties, sub-license, view the contents also in relation to the provision of the Services. Fooodle as well as in the services of and commercial and / or advertising activities of Camapp srls, including, but not limited to, the promotion and redistribution of all or part of the B2C Platform, in any format and by means of any distribution channel.
Notwithstanding the foregoing, all photos, videos and / or other material directly created by Camapp srls in the case provided for in the previous paragraph is the exclusive property of Camapp srls
9. Limitation of Liability
Camapp srls undertakes to do everything possible to ensure that access to the Services offered by the "Fooodle" platform is provided without interruptions and that transmissions take place without errors.
However, due to the nature of the internet, uninterrupted access and the absence of transmission errors cannot be guaranteed. Furthermore, upon notice to Users, access to the “Fooodle” Services may also be occasionally suspended or limited to allow for repairs, maintenance, or the introduction of new activities or services.
Users who use the B2C Platform and the "Fooodle" Services are aware of the fact that Camapp srls makes no guarantees of any nature regarding the identity, legal capacity, seriousness of intent or other characteristics of the advertisers, the quality , the lawfulness and safety of the goods object of the offers, the truthfulness and accuracy of the descriptions provided.
Users assume all responsibility for any damage that may derive to their computer system from the use of the "Fooodle" Services.
The Company does not provide any guarantees regarding the successful outcome of the sales negotiations between Sellers and Buyers and none of the activities carried out by the Company, not even those relating to support in the management of complaints / returns can be interpreted in this sense.
Camapp srls cannot be held responsible for:
- losses that are not a consequence of the violation of these General Conditions of Use B2C;
- for any loss of business opportunity (including lost profits, revenues, contracts, presumed savings, data, goodwill or unnecessarily incurred expenses);
- any other indirect or consequential loss that was not reasonably foreseeable when the user started using the B2C Fooodle Services;
- for any delay or non-fulfillment of the obligations set out in these B2C General Conditions of Use if the delay or non-fulfillment derives from unforeseeable circumstances or due to force majeure.
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Although Camapp srls has structured a careful selection process for Sellers, it does not guarantee the quality of the products traded through the "Fooodle" Platform, nor does it recommend the purchase or sale of any particular product.
In general, the Company is not responsible for the conclusion and execution of individual product sales transactions, including any fraudulent use of the payment methods accepted by the Platform.
Camapp srls assumes no responsibility for content created or published on third party sites with which the Platform has a hypertext link ("link"). The Company does not control these links and is not responsible for their contents or their use. The presence of links on the B2C Platform does not imply any acceptance by Camapp srls of the material published on such websites or any other relationship between the Company and their managers. The User who decides to visit a website connected to the "Fooodle" Platform and / or the Site does so at his own risk, assuming the responsibility of taking all necessary measures against viruses or other malware.
10. The role of society
Camapp srls, despite providing some ancillary services, such as the shipping service through Shipping Partners, remains totally unrelated to the underlying sales contract stipulated between the Seller and the Buyer, who are the only contracting parties.
Camapp srls does not carry out any activity of purchase or sale of products or intermediation or mediation of disputes between Seller and Buyer. Camapp srls in the management of the "Fooodle" Platform is not an agent or a distributor.
The Seller will be solely responsible for the correct execution and fulfillment of the sales of products through the "Fooodle" Platform.
In any case, the Buyer and the Seller explicitly acknowledge that this formality does not make Camapp srls part of the sales contract stipulated between them.
Regarding the price, buyers will proceed to pay the total price of the selected products (including taxes and delivery costs) using the payment methods accepted by Camapp srls and according to the methods indicated on the "Fooodle" platform, it being understood that the payment is received by Camapp srls in the name and on behalf of the seller.
The Seller expressly declares to accept that Camapp srls will collect, in its name and on its behalf, the price of the products purchased (including taxes and delivery costs) according to the methods and payment methods indicated on the platform.
The Seller expressly declares to accept that, after the acceptance of the purchase order by the Supplier, Camapp srls will pay the price of the products in its favor as indicated in the price list provided.
11. Permits and licenses
By accepting the General Conditions of Use of the Fooodle Platform, users declare:
(i) that the Buyer or, as the case may be, that the Seller has all the powers to register on the Fooodle Platform, use the services from the same offer and validly conclude contracts for the purchase and sale of products and execute them;
(ii) to have the authorization to use, publish, spend content, brands, logos of the company that uses the B2C Fooodle Services;
(iii) to have the necessary licenses and permits for distribution, production and trade as established by applicable laws;
(iv) to be in possession of any certifications necessary for export to European Union or non-EU countries which are indicated in the registration phase or which are reported later.
12. Variations and additions to the general conditions of use of the "Fooodle" Platform
Camapp srls reserves the right, at any time, to modify, integrate and / or cancel, in whole or in part, the B2C Fooodle Services, the policies, these General Conditions of Use of the platform and any accessory document. to offer new products or services or to adapt to market needs or legal and regulatory provisions.
In the above hypothesis, Camapp srls undertakes to communicate the contractual changes to the Users by publishing a notice on the Homepage on the Platform and on the General Conditions of Use page.
The User undertakes to regularly check the General Conditions of Use and expressly agrees that his use of the Fooodle Platform, following the communication / publication of the variations of the General Conditions, constitutes an unequivocal manifestation of their acceptance.
Where a user does not intend to accept the changes to these General Conditions of Use, he will have the right at any time to request the cancellation of his Account by following the procedure available on his personal area of the Site or by writing an email to info@fooodle.it with the subject "Account deletion".
13. Service Interruption
Access to the Fooodle Platform may be temporarily interrupted in the event of technical problems or to ensure its maintenance. Such interruptions will be communicated, if possible, by posting a notice on the Platform Homepage.
At any time, Camapp srls may make improvements and / or changes to the Web Platform and to the Services offered if this is necessary for technical reasons or in order to comply with current legislation.
The Company reserves the right to interrupt, in whole or in part, the B2C Fooodle Service even without notice, without the users for this reason accruing a right to any form of indemnity, penalty or reimbursement.
14. Duration, withdrawal and termination
14.1. time
The General Conditions of Use of the Fooodle Platform are effective from the date of signing of the same and / or from the date of the User's registration and remain valid and effective until the date of cancellation of the Account.
The duration of the contract with the Suppliers / Sellers is set at three months from the signing of the same and / or from the registration date of the Supplier on the "Fooodle" web platform and will be tacitly renewed from time to time in the event of failure to withdraw. of the Supplier.
14.2. Withdrawal of Suppliers / Sellers
The Supplier / Seller may withdraw from the existing contract with Camapp srls by means of a communication with registered letter with return receipt to be sent to the Company at the following addresses (Camapp srls, with registered office in Scisciano (NA) at via Cerqua Sant'Antonio n.15 - address peccamapp@pec.it), with notice of at least 15 (fifteen) days.
14.3 Suspension or termination by Camapp srls
Unless otherwise agreed in writing, Camapp srls will have the right to withdraw from these General Conditions of Use, for any reason and at any time, with two months' written notice.
The Company will also have the right to suspend and / or interrupt the B2C Fooodle Service to the user (Supplier / Buyer) and prevent access to the Account in the following cases:
(i) the user has provided false, incomplete, incorrect or misleading information or has engaged in fraudulent or illegal conduct;
(ii) unauthorized or fraudulent use of the Account associated with the user or of the respective payment data is found or reported;
(iii) in case of violation of the obligations respectively provided for by users in the following articles: 2 (Object and parts); 3 (Services rendered); 4 (Reviews and comments); 7 (Conditions of use of the “Fooodle” platform); 8 (Intellectual property); 11 (Permits and licenses);
(iv) only towards the Sellers, where the Seller violates any of the obligations set out in Article 6 (Obligations for the Sellers) or any of the obligations specifically listed in the separate written agreements entered into with Camapp srls;
(v) only towards the Buyer, where the Buyer violates any of the obligations set out in Article 5 (Obligations for Buyers).
In the event of any of the aforementioned cases, Camapp srls will inform the user (Buyer or Seller) of the suspension of the relevant Account and of the reasons for such suspension, where possible, before this occurs.
The Company will reactivate the user's Account only if the user has remedied the alleged violations within 15 (fifteen) days from the date of receipt of the notification of suspension.
Otherwise, without prejudice to the further right to compensation for any damage, the General Conditions of Use will be considered terminated by law pursuant to art. 1456 cc
Any request for Account reactivation must be made by email to info@fooodle.it with the subject "Account Reactivation".
Notwithstanding the foregoing, if a Customer does not use the B2C Fooodle Service for a period of at least 24 (twenty-four) consecutive months, Camapp srls will, after sending a notice via email, cancel the Account associated with that user.
In any case, the Company reserves the right to take appropriate judicial initiatives, both civil and criminal, to protect its own rights and interests and the rights of third parties.
14.4. Consequences of withdrawal, suspension or termination
Upon receipt of the request for withdrawal or in cases of suspension or termination, Camapp srls will cancel any pending transaction.
Against the cancellation of the Account and the termination, for any cause and / or reason, of these General Conditions of Use towards the user, Camapp srls cannot be held responsible towards the user for any compensation, compensation or damages of any kind, direct or indirect, including damages for loss of possible profits, anticipated sales, goodwill or for expenses, investments or obligations related to the termination or suspension of the B2C Fooodle Service.
Furthermore:
- the user will remain responsible for the payment of all commissions, charges and other payment obligations relating to the use of the B2C Fooodle Service accrued up to the effective date of the cancellation of the Account;
- all licenses or other rights recognized to the parties under these B2C General Conditions will cease with immediate effect;
- the user must promptly return or destroy and stop using all materials provided by Camapp srls
15. Indemnity
In case of violation of the user's obligations pursuant to these B2C General Conditions of Use or the declarations and guarantees given therein, the user will be required to indemnify and hold Camapp srls harmless from and against any dispute, cost, legal action, dispute or claim and from any loss, damage, liability, order, penalty, interest and expense (including, without limitation, legal fees) arising from disputes, legal actions, investigations, investigations, inquiries or other proceedings promoted by any subject in relation to:
- an ascertained or possible non-fulfillment of the declarations, guarantees or obligations provided for by these General Conditions of Use B2C;
- ascertained or possible injuries or violations of the rights of third parties or applicable laws deriving from the use of the trademarks and / or distinctive signs of the user and / or third parties in relation to the B2C Fooodle Service or the B2C Platform;
- the use by the user of the B2C Fooodle Service or the execution of the purchases and sales of products concluded through the Fooodle Platform.
16. Contacts
Camapp srls
Registered office: via Cerqua Sant'Antonio n.15, 80030 Scisciano (NA) Italy
VAT number 09286311213
website www.fooodle.it
pec address: camapp@pec.it
e-mail address: info@fooodle.it
17. Applicable law and competent court
These B2C General Conditions are regulated and must be interpreted according to Italian law.
In the event of disputes relating to the interpretation and application of these B2C General Conditions and / or any non-fulfillment or disservices attributable to Camapp srl and the related disputes between the aforementioned Company and the Suppliers / Viewers, they will be devolved to the Court of the place where the registered office is Camapp srls
In the event of any disputes that may arise between the Supplier / Seller and the Buyer , the legislation envisaged by the Legislative Decree of 6 September 2005, n. 206 (so-called "Consumer Code") and the civil code.
Acceptance of the general conditions
Pursuant to and for the purposes of articles. 1341 and 1342 and ss. cc, the user declares to have carefully read and understood and therefore to expressly approve the Premises and the articles and / or clauses indicated below:
Art. 2. Object and parts;
Art. 3. Services rendered;
Art. 3.1. Vendor promotion services;
Art. 3.1.1. Free subscription;
Art. 3.2. Business transaction services;
Art. 3.2.1. Products;
Art. 3.2.2 Graphics of the products;
Art. 3.2.3. Characteristics and availability of products;
Art. 3.2.4. Purchase procedure;
Art. 3.3. Complaints;
Art. 3.4. Buyer's right of withdrawal;
Art. 3.5. Shipping services;
Art. 4. Reviews and comments;
Art. 5. Obligations for Buyers;
Art. 6. Obligations for Sellers;
Art. 6.1. Responsibility for information and content;
Art. 6.2. Responsibility of the Sellers on products and offers;
Art. 6.3. Data processing for promotional purposes for sale
Art. 6.4. Disputes between Supplier / Seller and Buyer;
Art. 6.5. Protection of the Image of the "Fooodle" Platform;
Art. 6.6. Price of the products;
Art. 6.7. Product packaging;
Art. 7. Conditions of use of the “Fooodle” platform;
Art. 7.1. Permitted use;
Art. 7.2. Electronic communications;
Art. 8. Intellectual property;
Art. 8.1. Copyright, database and content rights;
Art. 8.2. Trademarks ;
Art. 8.3. Licenses;
Art. 9. Limitation of liability;
Art. 10. The role of the company:
Art. 11. Permits and licenses;
Art. 12. Variations and additions to the general conditions of use of the “Fooodle” Platform;
Art. 13. Service interruption;
Art. 14. Duration, withdrawal and termination;
Article 14.1. Duration ;
Art. 14.2. Withdrawal of Suppliers / Sellers;
Art. 14.3 Suspension or termination by Camapp srls;
Art. 14.4. Consequences of withdrawal, suspension or termination;
Art. 15. Manleva;
Art. 17. Applicable law and competent court.
STANDARD FOOODLE PACKAGE
In case of registration on the "Fooodle" platform and subscription to this subscription, the Seller will be entitled to the following services by Camapp srls:
- creation of a special "virtual shop" dedicated to the member on the marketplace with strorytelling, within 7 days of receipt of payment of the cost of the service and the first monthly fee;
- loading of up to 15 products;
- presence of featured products on the homepage for 3 days a month;
- 1 presentation post on social media;
- 2 sponsored posts per month;
- inclusion of 3 products in the sponsorship campaigns;
- 10 days of sponsorship.
Cost of this package and payment methods
The FOOODLE STANDARD package has an initial cost of € 50.00 (VAT excluded ), foreseen for the creation of the virtual shop, and a monthly fee of € 29.90 (VAT excluded).
The initial cost foreseen for the creation of the shop and the first monthly fee must be paid at the time of signing the contract by crediting the bank account IT53C0306939772100000009087 in the name of Camapp srls and the Seller can send the accounting receipt of the payment to the following email address : info@fooodle.it .
The same payment method is envisaged for the payment of subsequent monthly fees, which must be paid within 7 days of receipt of the relative invoice by Camapp srls.
The subscription contract will be considered finalized only with the full payment of the initial cost and the first monthly subscription fee.
Failure or delayed payment by the Seller, even of a single monthly fee, will constitute grounds for contractual termination by Camapp srls, which will have the right to terminate the existing contract and cancel the Seller's account.
Duration of the contract in case of adhesion to the FOOODLE STANDARD package
The duration of the contract, in case of adhesion to the FOOODLE STANDARD package, is set at three months from the signing of the same and / or from the registration date of the Seller on the "Fooodle" web platform and will be tacitly renewed, from time to time, in case of failure to withdraw and / or failure to adhere to another promotional package by the Seller.
Seller's withdrawal from the FOOODLE STANDARD package
The Seller may withdraw from the STANDARD package-contract in place with Camapp srls by means of a registered letter with return receipt to PEC to be sent to the Company at the following addresses (Camapp srls, with registered office in Scisciano (NA) at via Cerqua Sant'Antonio n. 15 - address peccamapp@pec.it), with notice of at least 15 (fifteen) days.
Membership of another package
The Seller adhering to the STANDARD package may change its contractual position and adhere to another promotional package offered (FOOODLE PREMIUM AND / OR FOOODLE EASY) by means of a communication to be sent to the Company at the following address peccamapp@pec.it, with notice of at least 15 (fifteen ) days prior to the expiry date of the current subscription. In the absence of such communication, the existing subscription contract will be tacitly renewed.
FOOODLE PREMIUM PACKAGE
In case of registration on the "Fooodle" platform and joining this package, the Seller will be entitled to the following services by Camapp srls:
- Creation of a special dedicated "virtual shop" on the marketplace with storytelling, within 7 days of receipt of payment of the cost of the service and the first monthly fee;
- no product loading limit;
- presence of featured products on the homepage for 6 days a month;
- 1 presentation post on social media;
- 3 sponsored posts per month;
- inclusion of 6 products in sponsorship campaigns;
- 30 days of monthly sponsorship;
Cost of this package and payment methods
The FOOODLE PREMIUM package has a monthly cost of € 59.90 (excluding VAT ).
The first monthly fee must be paid at the time of signing the contract by crediting the bank account IT53C0306939772100000009087 in the name of Camapp srls and the Seller can send the accounting receipt of the payment to the following email address: info@fooodle.it .
The same payment method is envisaged for the payment of subsequent monthly fees, which must be paid within 7 days of receipt of the relative invoice by Camapp srls.
The subscription contract will be considered completed only with the full payment of the first monthly subscription fee.
Failure by the Seller, even of a single monthly fee, will constitute grounds for contractual termination by Camapp srls, which will have the right to terminate the existing contract and cancel the Seller's account.
Minimum duration of membership in the FOOODLE PREMIUM package
The minimum duration of the contract, in case of adhesion to the FOOODLE PREMIUM package, is set at three months from the signing of the same and / or from the registration date of the Seller on the "Fooodle" web platform and will be tacitly renewed from time to time. case of failure to withdraw and / or failure to adhere to another promotional package by the Seller.
Withdrawal by the Supplier / Seller from the FOOODLE PREMIUM package
The Seller may withdraw from the PREMIUM package contract in place with Camapp srls by means of a registered letter with return receipt to PEC to be sent to the Company at the following addresses (Camapp srls, with registered office in Scisciano (NA) at via Cerqua Sant'Antonio n. 15 - address peccamapp@pec.it), with notice of at least 15 (fifteen) days.
Membership of another package
The Supplier / Seller participating in the PREMIUM package may change its contractual position and adhere to another promotional package offered (FOOODLE STANDARD AND / OR FOOODLE EASY) by means of a communication to be sent to the Company at the following address peccamapp@pec.it, with notice of at least 15 (fifteen) days prior to the expiry date of the current subscription. In the absence of such communication, the existing subscription contract will be tacitly renewed.
3.2 Business Transaction Services
Camapp srls makes available a virtual platform service, that is a portal-showcase within which its members will be able, respectively, to sell and buy agri-food products.
3.2.1. Products
The sale relates exclusively to the products published on the "Fooodle" platform established by the Supplier, requested in the purchase order of the purchaser and indicated in the order confirmation or, in general, in the communications that the parties have put in place.
3.2.2 Graphics of the products
The products are presented on the “Fooodle” platform through the publication of digital photographs and / or videos provided by the Sellers. These photographs and / or videos have a purely descriptive and non-exhaustive function, as any modest variations between the video-photographic representations and the reality of the products do not constitute conformity defects.
The Seller expressly undertakes to publish contents that are faithfully representative of the object offered for sale on the platform, assuming the sole responsibility towards the customer, with the exclusion of any responsibility of the Company in relation to any discrepancies between the graphics of the products on the platform " Fooodle ”and delivered products.
3.2.3. Product features and availability
The Seller undertakes to communicate and periodically update, through the web platform, its cd. "Online showcase", specifying all the characteristics, the conditions of sale relating to its products in a truthful and correct manner, failing which it will remain directly and fully responsible towards the Customer.
Although Camapp srls reserves the right to veto the publication of the contents, the Supplier assumes all and greater responsibility for the content of the information provided by the same and entered on the platform.
In the event that all or some of the products offered are temporarily unavailable or are out of stock, the Supplier is obliged to communicate and update, in real time, the actual availability or exhaustion of the products included in the "Fooodle" web platform to in order to guarantee the maximum efficiency of the service. In case of non-fulfillment of this contractual obligation, the Supplier will be directly responsible towards the buyer for all sales, concluded through the platform, which will suffer delays in the delivery of the products or for cases of impossibility of delivery. The Company will in no case be responsible for errors, omissions and inaccuracies contained in the data entered and published on the web platform.
3.2.4 Purchase procedure
The stipulation of a purchase agreement for the products on the "Fooodle" platform is subject to the following procedure:
- sending a purchase order by the customer, according to the established procedure and following the instructions that will appear on the platform from time to time;
- payment of the sale price , according to the methods indicated;
- receipt of the purchase order by the supplier ;
- forwarding e-mail summarizing the purchase order data to the customer ;
- sending confirmation / acceptance of the order to the buyer by the supplier , according to the methods indicated;
- payment by Camapp srls, after acceptance of the purchase order by the Supplier, in favor of the latter of the price of the products ordered , as indicated in the price list provided by the Seller.
Purchase order
For the purpose of sending the purchase order, the Customer must correctly complete the procedure provided for by the "Fooodle" platform for this purpose, selecting the products he is interested in, filling in all the data necessary for payment and delivery. It will be his task to forward the purchase order by following the steps indicated by the "Fooodle" platform; the Buyer will also have the possibility to request the forwarding of the invoice, by entering the relative requested data.
The Buyer will have the opportunity to verify the data entered and correct any errors before sending the purchase order.
Following the sending of the purchase order, the Buyer will receive an email summarizing all the data entered therein (including the total price of the selected products, including taxes and delivery costs). The summary email should not be considered a confirmation of the purchase order but is exclusively informative.
At the same time, the Customer will pay the price of the products ordered, according to the methods indicated.
Refused transactions will be deemed not to have been received.
The Company reserves the right to cancel, by informing the seller and the buyer, the purchase order if:
- carried out in violation of these contractual conditions, or of applicable laws and regulations;
- there is the possibility that the resulting transaction could be considered fraudulent or illicit.
Product payment service
The contract for the sale of the products is to be understood as stipulated between the seller and the customer. Parties to the sales contract are the Seller and the Customer who will take care to give exact execution to the same.
The Company, in the context of this commercial relationship, limits itself to putting the Seller and the Customer in contact, remaining unrelated to the stipulation of the contract, except in the case of a sale involving products sold and shipped by "Fooodle", expressly reported / indicated on the web platform.
Buyers will pay the total price of the selected products (including taxes and delivery costs) using the payment methods accepted by Camapp srls and according to the methods indicated on the "Fooodle" platform.
The payment is received by Camapp srls in the name and on behalf of the seller from whom it received the collection authorization.
The Seller expressly declares to accept that, in its name and on its behalf, Camapp srls will proceed with the collection of the total price of the products purchased (including taxes and delivery costs).
The Company, at its sole discretion, reserves the right to change the payment methods indicated on the web platform.
No responsibility can be attributed to Camapp srls in case of irregularities found in the use of the product payment service.
Purchase order acceptance
The purchase order sent by the Buyer must be considered binding only in the following cases:
- the entire order procedure, indicated by the "Fooodle" platform, has been completed regularly and correctly, without any error messages being highlighted;
- payment of the total price of the products ordered (including taxes and delivery costs) has been correctly made according to the methods indicated on the "Fooodle" platform;
- the Seller, having received the purchase order for the products, has accepted it according to the procedure provided by the "Fooodle" platform and has sent the confirmation of acceptance to the Buyer;
- the Buyer has received confirmation of the acceptance of the order by e-mail and notification in his personal area of the web platform.
The confirmation of the purchase order will indicate all the data present in the summary document of the purchase order, the details of the shipment (including delivery times, which in any case are not to be considered mandatory terms).
In the event that, upon receipt of the Buyer's purchase order, all or part of the products ordered are not available or are out of stock, the Seller will have the right to accept the order exclusively for the products available (possibly proposing to the Buyer purchase of similar products).
In the event that the Customer informs the Seller that he does not accept the replacement with similar products of equivalent value, he will receive, directly from the Seller, an email of partial cancellation of the order and the consequent refund of the price paid for the purchase of the unavailable products or out of stock.
The Seller undertakes to accept or refuse the order within 24 (twenty-four) hours from the date of receipt of the same, not taking into account Saturdays and holidays for this purpose.
If the Seller does not accept or refuse the purchase order within the term of 24 (twenty-four) hours as determined above, the order will be automatically rejected by the "Fooodle" Platform, with forwarding to the Customer of a communication of cancellation and subsequent refund by of Camapp srls of the amount paid.
Camapp srls reserves the right to cancel in whole or in part the acceptance of the purchase order in the following cases:
- carried out in violation of these contractual conditions, or of applicable laws and regulations;
- there is the possibility that the resulting transaction could be considered fraudulent or illicit.
In any case, the Company reserves the right to contact the Seller directly to check the status of the purchase order.
In the event that the Seller is unavailable or declares the unavailability or exhaustion of the products covered by the purchase order, the Company has the right to inform the Buyer by e-mail. In this case, the Buyer will have the right to replace the unavailable products or request the return of the amount paid.
Both the Seller and the Buyer acknowledge and accept that the activity put in place by Camapp srls cannot in any case be considered or interpreted as a sales or intermediation activity in the sale of products, being solely aimed at guaranteeing the proper functioning of the platform " Fooodle ".
Both the Seller and the Buyer acknowledge and accept that no responsibility can be charged to Camapp srls in relation to the activity carried out, in the event of inaccurate and / or non-execution of the sales contract.
3.3 Complaints
The Buyer within 8 (eight) days of receipt of the products has the right to report any defects via certified e-mail or by registered mail, by starting the complaint procedure or request for reimbursement to the Seller.
In case of receipt of a complaint concerning defects or discrepancies of products, the Seller, having assessed the validity of the same and of the refund request, will re-credit the amount paid by the Buyer. The refund will be made using the same payment method used by the Buyer for the purchase.
The Seller will refund in the case of:
- obvious and objective discrepancies between the goods advertised by the Seller on the “Fooodle” platform and the goods received by the Buyer;
- goods damaged during transport due to packaging that does not comply with packaging standards.
Where the complaint is deemed well founded, the Buyer will promptly return the disputed products, without prejudice to the Seller's right to collect them at his own expense, fully or partially reimbursing the Buyer to whom the sums paid will be re-credited by the Seller (including the any expenses incurred for returning the products).
3.4. Buyer's right of withdrawal
a) Exercise of the right of withdrawal
The Customer has the right to withdraw from the purchase contract for any reason, without the need to provide explanations and without any penalty, except in the cases of exclusion provided for in the following paragraph (b).
Specifically, pursuant to art. 52 and ss. of the Legislative Decree 206/2005 ( so-called Consumer Code ), the Buyer will have the right to exercise this right, in relation to specific products, other than those listed in the following paragraph (b), provided that, after delivery, such products do not have been opened or their seals have not been altered.
To exercise the right of withdrawal, the Buyer must send the Seller, within 14 days from the date of delivery of the products covered by the purchase order, a written communication by certified e-mail, or by registered letter with return receipt, inserting the following subject: "Exercise of the right of withdrawal", expressly declaring in the email communication their will to withdraw and providing the following additional information:
the. purchase order number and purchase date;
ii. delivery date of the purchase order;
iii. the name and address of the Buyer;
iv. the indication of an e-mail and telephone number of the Buyer;
v. article code or the items purchased and for which the right of withdrawal is to be exercised.
The right of withdrawal applies to the product purchased in its entirety; therefore, if the product is made up of several components or parts, the right of withdrawal cannot be exercised only on part of the product.
Upon receipt of the communication to exercise the right of withdrawal, the Seller will open a file for the management of the return and communicate to the Buyer the instructions on how to return the products which will take place by courier indicated by the Company itself no later than the term of 14 days from the date of communication of the exercise of the right of withdrawal and with return costs charged to the Buyer.
In case of exercise of the right of withdrawal, the full amount of the returned products will be reimbursed to the Buyer within 14 days from the day on which the Seller was informed of the Buyer's decision to exercise the right of withdrawal.
The Seller will proceed with the reimbursement of the amount paid, with the exception of shipping costs, after checking the integrity of the product.
The refund will be made using the same payment method used by the Buyer.
b) Cases of exclusion of the right of withdrawal
Pursuant to art. 59, paragraph 1, letter d and e, of the Legislative Decree 206/2005 ( so-called Consumer Code ), the right of withdrawal is excluded in relation to:
a) goods purchased by a "non-consumer " Buyer, in accordance with the provisions of art. 3, paragraph 1, letter a) of the Consumer Code and / or requesting an invoice;
b) assets that are likely to deteriorate or expire rapidly;
c) sealed goods which cannot be returned for hygienic reasons or related to health protection and which have been opened after delivery.
The right of withdrawal is totally lost if the returned product is not intact, that is:
- lack of original packaging;
- absence of integral elements of the product;
- damage to the product for reasons other than transport.
The right of withdrawal does not apply to the supply of food which, by its nature, cannot be returned or is liable to deteriorate or expire rapidly.
The Buyer, in particular, is informed and accepts that the right of withdrawal does not apply to the supply of foods which, by their nature, cannot be returned or are liable to deteriorate or expire rapidly.
The products that “risk deteriorating or expiring rapidly” include all food products, as the characteristics and qualities of these types of products are subject to alteration also as a result of inappropriate storage.
Therefore, for reasons of hygiene and the protection of Users, the right of withdrawal is only applicable for products purchased through the "Fooodle" platform that can be returned to the Seller, intact in their respective seal and returned without danger to the health of Consumers.
3.5. Shipping services
Camapp srls has signed commercial agreements with the DHL express courier “Partner Spedizioniere”.
Available options
While the shipment is in transit, with DHL On Demand Delivery the Customer will be able to:
a) reschedule the delivery on a more convenient date: customers can change the delivery date of the shipment at will and according to their needs, within 7 actual days;
b) request the custody of the shipment for up to 30 days: in the event that customers, on vacation or away for work, cannot make the withdrawal, they can request the suspension of the delivery up to a maximum of 30 actual days;
c) collect goods or documents at all DHL points: customers can indicate the nearest DHL point of delivery as the place of delivery and personally collect the shipment when they prefer;
d) change the delivery address: customers can change the place of delivery of the shipment, indicating a more convenient address;
e) have the shipment delivered to a neighbor: in case of absence, the courier is authorized to leave the shipment with a neighbor who is the guardian or guard expressly indicated by the customers;
f) to leave the shipment at the entrance door: customers can authorize the courier, in case of absence, to leave the shipment at the entrance door (or in another position indicated by them) without the need for a signature.
Traceability of the order
Once the purchase has been made, customers will receive the estimated delivery date via email or SMS. Using a PC or smartphone, they will be able to access On Demand Delivery and customize the receipt of their purchase (for example, they will be able to change the delivery date of their shipment). The courier and the DHL branch will receive the changes requested by the Customer who, in turn, will receive confirmation of the update and notification of the new shipment delivery date. The shipment will be delivered on time and in the manner established, to ensure their satisfaction.
Any delays or problems concerning the delivery
In the event that the goods purchased by the Buyer arrive late, more than 24 hours with respect to the delivery date reported at the time of completion of the sale (which in any case is never considered as peremptory and / or essential) or is damaged (for causes other than packaging not compliant with Packaging Standards) and / or lost, the Buyer must report the event that occurred within 24 hours of delivery, so that the latter can assert the carrier's liability pursuant to and for the effects of articles 1683 and ss. cc and in particular the articles 1693 and 1696 cc
The report must be made by means of a written communication by e-mail to the following Pec address: camapp@pec.it with the subject "Claim Shipping".
Camapp srls will not be responsible for any rejection of any claim for compensation against the carrier and / or for other forfeits, including in the event of late notification by the Buyer.
In any case, it is understood that in no case Camapp srls can be held responsible for errors in delivery due to inaccuracies or incompleteness in the compilation of the purchase order by the Buyer or for inaccuracies or incompleteness of the data provided by the Seller.
Furthermore, Camapp srls cannot be held responsible for damages (direct and / or indirect and / or for loss of earnings), losses and / or damage or theft of products that may have occurred to the products after their delivery to the carrier in charge of transporting the goods. themselves as well as for delays in the collection or delivery of packages both to Sellers and Buyers.
4. Reviews and comments
After the completion of each sale, Customers will have the right to issue, as appropriate, a comment and a rating on the Seller, a comment on the related products purchased and, in general, on the shopping experience through the "Fooodle" platform.
Exclusively for this purpose, through the “Fooodle” platform, the use of a specific blog is envisaged for customers.
It is expressly forbidden for each Buyer to use this blog for the publication of comments having illicit, obscene, abusive, intimidating, defamatory content or in violation of the privacy, intellectual property rights or in any other offensive way of Camapp srls and / or of the Seller and / or third parties, or political propaganda, commercial solicitation, viruses, chain letters, mass e-mails or any other form of spamming.
Camapp srls reserves the right to remove or modify the contents published in violation of these Contractual Conditions, the applicable law.
5. Obligations for Buyers
The Buyer undertakes to provide, at the time of registration, their tax data and the personal information requested, which may be subjected to prior verification upon the release of the access credentials to the site.
The Buyer also undertakes to keep all personal information updated, guaranteeing its truthfulness, completeness and accuracy.
All information provided at the time of the original registration request will be included in the registration data.
The Buyer assumes full responsibility for the accuracy and truthfulness of the data transmitted and published on the "Fooodle" platform, whether or not they are aimed at completing the registration and / or purchase procedure of the products.
All Buyer registration data will be processed and used by the Company in compliance with the confidentiality and security rules provided for by the applicable legislation.
The Buyer is responsible for the content of his messages, and in general for all interactions with other users, including any use of the product sales service and the comment and review service in compliance with all the provisions of current laws and the General Conditions of Use of the “Fooodle” Platform.
The Buyer undertakes not to disturb, directly or through third parties, in any way the service offered by the "Fooodle" Platform.
The Buyer undertakes, under penalty of immediate exclusion from the "Fooodle" Platform and consequent interruption from the related services, not to contact, directly and / or indirectly, by any means other than the "Fooodle" platform, the Sellers adhering to it.
In no case may the Customer use a false e-mail address, pretend to be another person or subject.
The Buyer undertakes to indemnify Camapp srls from any loss, damage or liability, cost or expense deriving from the violation of these contractual provisions.
6. Obligations for sellers
The Seller, without prejudice to all the obligations placed on it by this contract, expressly undertakes to operate on the "Fooodle" platform respecting the highest standards of correctness and professionalism, and to refrain from any action, initiative or behavior that may cause prejudice to the image of the “Fooodle” platform.
The Seller undertakes, under penalty of immediate exclusion from the "Fooodle" Platform and consequent interruption from the related services, not to contact, directly and / or indirectly, by any means other than the "Fooodle" platform , the Buyers registered on it.
6.1. Responsibility for information and content
The Seller / Supplier undertakes, upon registering on the "Fooodle" web platform, to provide Camapp srls with the personal information requested, all their identification and tax data, updated Chamber of Commerce registration, as well as their telephone number and address certified e-mail, which may be subjected to prior verification according to the release of the access credentials to the platform.
If, following the outcome of the checks, the data provided by the Supplier should prove to be untrue or non-existent, the Company will have the right to inhibit access to the web platform.
All data provided will be processed and used by the Company in compliance with the rules of confidentiality and security provided for by current legislation.
The Seller / Supplier undertakes to also undertake to keep them updated and to guarantee their truthfulness, completeness and accuracy. All information provided will be included in the registration data.
All the Seller's registration data will be processed and used by Camapp srls in compliance with the confidentiality and security rules provided for by the applicable legislation.
The Seller assumes full and fuller responsibility for the content of the information provided by the same and published on the "Fooodle" platform.
Camapp srls will in no case be responsible for any errors, omissions and inaccuracies that may be contained in the data entered on the "Fooodle" platform.
The Seller will be the one and only responsible for the content uploaded to the "Fooodle" Platform; the Seller is obliged to guarantee that it has the ownership or in any case the availability of all rights relating to the published content; that, as of the date the content or material is published, it is accurate and relevant; and the use of the content and material provided does not violate the rights of third parties.
The Seller undertakes to indemnify and hold harmless the Company from all legal actions taken by third parties against the Company deriving from or in any case connected with the contents and materials provided by the user and published on the "Fooodle" Platform.
6.2. Responsibility of the Sellers on products and offers
The Seller undertakes to communicate and periodically update, through the web platform, its so-called "online showcase", specifying all the characteristics and conditions of sale relating to its products in a truthful and correct manner, failing which it will remain directly and fully responsible to the buyer.
The Seller assumes all responsibility for the product it sells and for the commercial information it provides to Camapp srls for publication on the “Fooodle” platform.
The Seller declares and guarantees the quality of the products offered through the "Fooodle" Platform, as well as the exact observance of the rules relating to their production and / or storage and / or marketing, in compliance with the applicable regulations.
The Seller undertakes to ship the products compliant with those described on the platform.
The Seller undertakes with regard to the content of its offers to comply with all the provisions of the laws in force, with particular reference to the principle of contractual good faith and free competition.
Camapp srls cannot in any way be held responsible for the illicit, illegitimate, mendacious or inaccurate content of the offers, undertaking the Seller to indemnify and hold harmless the aforementioned company from any request in this regard.
The Seller declares and acknowledges that he is solely responsible for the offer and sale and conformity of the products and the consequent relationship with the Customer. The Seller declares to indemnify and hold harmless Camapp srls from any liability, request for reimbursement and / or compensation that may arise from the Buyers as a consequence of and depending on the disputed quality, conformity of the products sold, their conservation and, in any case, failure compliance with the specific applicable regulations.
6.3. Data processing for promotional purposes for sale
The Seller expressly authorizes the Company to publish descriptive content and images on the platform, including the Seller's logo and any trademark of which it has the legitimate use, giving the widest and most unconditional consent. The published material can be found directly by the Company or provided by the Seller. It remains in the right of the Seller to request the removal / replacement / modification of the contents published at his simple request, provided that this does not constitute an impediment to the sale.
6.4. Disputes between Supplier / Seller and Buyer
The Seller is solely and exclusively responsible for any disputes, claims, claims, disputes, actions, claims, requests for reimbursement or compensation - including for damages, of any type and nature that may be formalized by the Customers / Buyers by virtue of:
- failure, erroneous, delayed or incomplete conclusion and execution of the sales contract or of one or more obligations deriving from the contract;
- inaccuracy, anomalies, errors and / or omissions, of any nature, relating to the information provided by the Seller on the "Fooodle" Platform;
- quality defects of the products and / or packaging, erroneous, incomplete, misleading and / or illegitimate publication on the platform.
In consideration of the extraneousness of Camapp srls to the sales contract, in the event of a dispute, the Supplier / Seller exonerates as of now from any liability related to any disputes and undertakes to hold it harmless and indemnified from any request for reimbursement and / or compensation should derive from the Buyers / Customers.
At the same time, the Seller undertakes to compensate Camapp srls for any damages suffered by this company due to legal actions where it has given cause directly or indirectly, proceeding to the reimbursement of all costs and expenses incurred, including the legal ones.
6.5. Protection of the Image of the "Fooodle" Platform
The Seller, without prejudice to the other obligations placed on it by these contractual conditions, expressly undertakes to operate on the "Fooodle" Platform respecting the highest standards of correctness and professionalism and, in any case, to refrain from any action, initiative, behavior that may be inconvenient or detrimental to the image of the Platform or that may cause discredit to Camapp srls
The Seller undertakes not to disturb, directly or through third parties, in any way the service offered by the "Fooodle" Platform.
6.6 Price of products
The Seller, upon signing this contract, undertakes to provide Camapp srls with the price list of its products that it intends to sell on the "Fooodle" platform.
Camapp srls, after acceptance of the purchase order by the Supplier, will pay the latter of the price of the ordered products, as indicated in the price list provided by the Seller.
The Seller undertakes to align, for the entire duration of the relationship with the Company, the sale price of its products on both e-commerce, both in the B2C market and in the B2B market; informing the Company of any price change that it will adopt on its e-commerce system at least 7 (seven) days before the date on which the price change will be applied to the products on sale.
The Seller acknowledges that the non-fulfillment of the obligation referred to in this paragraph will constitute a reason for the contractual termination of the contract by Camapp srls, which will have the right to terminate the existing contract and cancel the Seller's account.
6.7 Packaging of products
The Seller undertakes to carry out the packaging of the products covered by the purchase order at its own expense.
Simultaneously with the acceptance of the purchase order, the Seller undertakes to notify Camapp srl of the packaging times of the products covered by the purchase order.
After 24 hours from the date indicated by the Seller for the completion of the packaging, the Shipping Partner will collect the goods to be delivered at the Seller's premises.
The Seller is obliged to prepare the package for shipment according to the packaging standards provided by the Shipping Partner.
When packing the ordered products, the Seller undertakes to affix an identification sticker of the "Fooodle" web platform externally to each wrapper and also undertakes to insert a thank you card from Camapp srls inside.
The stickers and thank you cards will be provided by Camapp srls, at its own expense.
The Seller also undertakes to print, from time to time, a waybill, which will be automatically generated by the Company, and affix it to the wrapping to be delivered to the Shipping Partner.
The Seller undertakes to specify the time within which an order can be taken over.
The Shipping Partner in charge will collect the package at the address provided by the Seller and will ship it according to the delivery times indicated from time to time.
7. Conditions of use of the "Fooodle" platform
7.1. Permitted use
Under no circumstances may the user act as a payment service provider, intermediary, service agency, or otherwise resell the B2C "Fooodle" service on behalf of third parties, for example, by handling, processing and transmitting funds on behalf of third parties. .
In using the Fooodle platform, Users undertake to comply with the applicable legal provisions, regulations and rules of ethics and good use of network services. In particular, they undertake not to:
- violate the laws in force or simulate purchase negotiations and / or hold unfair commercial conduct;
- spread computer viruses or other technologies capable of damaging the Fooodle Platform or its users;
- carry out actions that could cause an unreasonable overload to our technological infrastructures and that could interfere with the correct use of the platform by other users;
- send chain letters or proposals for pyramid schemes; copy, reproduce, alter, modify or disseminate the contents published by the other "producers" without their express consent;
- circumvent the measures adopted in order to prevent or limit access to the Site and / or the B2C Platform and their use;
- duplicate and / or create accounts other than your own, making them payable to fictitious names or in part with data common to other already registered users.
7.2 . Electronic communications
All communications envisaged and / or permitted pursuant to these General Conditions of Use will be made electronically, by e-mail or by publishing notices and communications on the Fooodle Platform.
Users expressly acknowledge and accept that notifications, information and other communications provided in electronic form satisfy the requirement of the written form, in accordance with the provisions of the law.
8. Intellectual Property
8.1. Copyright, database and content rights
All the contents present or made available through the Fooodle Services in the form of texts, graphics, logos, icon buttons, images, audio files, digital downloads, data and software collections, lists or other databases, are the exclusive property of Camapp srls or its content suppliers and are protected by Italian and international laws on copyright, industrial law and database rights.
It is not allowed to systematically extract and / or reuse data or parts of the Fooodle Services without the express written consent of Camapp srls. In particular, it is not permitted to use data mining, robots or similar capture or extraction devices to mine (one or more times), to reuse any substantial part of any Fooodle Service, without express written consent.
In no case will the User have the right to create and / or publish his own database that reproduces substantial parts (eg prices and product lists) of the Fooodle Services without the express written consent of the aforementioned Company.
It is not allowed to download and reuse texts and photographic material produced by Camapp srls without the express written consent of the same and any contents authorized and used by users must clearly indicate the owner of the intellectual property, namely the wording "Fooodle", and redirect to one of the pages of the "Fooodle" Platform.
8.2. Brand names
The graphic material, logos, page headers, icon buttons, fonts and service marks, included or made available through any of the B2C Fooodle Services are trademarks or distinctive signs of Camapp srls.
The trademarks and distinctive signs of Camapp srls cannot be used in relation to products or services that are not of the same company, in such a way as to generate confusion among customers or in any way that could denigrate or discredit Camapp srls.
All other trademarks not owned by Camapp srls that appear on any of the Fooodle Services are the property of their respective owners, who may or may not be connected, connected to the Company and / or sponsored by the same.
8.3. Licenses
The ownership rights of the contents, including texts, photographs and anything else published on the Fooodle Platform, including the Seller Contents (the "Contents") are owned by the User who uploaded them through their Account.
Upon publication of the contents on the Platform, the User grants a perpetual, free, non-exclusive and unrestricted license to use, reproduce, distribute, transfer to third parties, sub-license, view the contents also in relation to the supply of the Fooodle Services as well as in the services of and commercial and / or advertising activities of Camapp srls, including, but not limited to, the promotion and redistribution of all or part of the B2C Platform, in any format and by means of any distribution channel .
Notwithstanding the foregoing, all photos, videos and / or other material directly created by Camapp srls in the case provided for in the previous paragraph is the exclusive property of Camapp srls
9. Limitation of Liability
Camapp srls undertakes to do everything possible to ensure that access to the Services offered by the "Fooodle" platform is provided without interruptions and that transmissions take place without errors.
However, due to the nature of the internet, uninterrupted access and the absence of transmission errors cannot be guaranteed. Furthermore, upon notice to Users, access to the “Fooodle” Services may also be occasionally suspended or limited to allow for repairs, maintenance, or the introduction of new activities or services.
Users who use the B2C Platform and the "Fooodle" Services are aware of the fact that Camapp srls makes no guarantees of any nature regarding the identity, legal capacity, seriousness of intent or other characteristics of the advertisers, the quality , the lawfulness and safety of the goods object of the offers, the truthfulness and accuracy of the descriptions provided.
Users assume all responsibility for any damage that may derive to their computer system from the use of the "Fooodle" Services.
The Company does not provide any guarantees regarding the successful outcome of the sales negotiations between Sellers and Buyers and none of the activities carried out by the Company, not even those relating to support in the management of complaints / returns can be interpreted in this sense.
Camapp srls cannot be held responsible for:
- losses that are not a consequence of the violation of these General Conditions of Use B2C;
- for any loss of business opportunity (including lost profits, revenues, contracts, presumed savings, data, goodwill or unnecessarily incurred expenses);
- any other indirect or consequential loss that was not reasonably foreseeable when the user started using the B2C Fooodle Services;
- for any delay or non-fulfillment of the obligations set out in these B2C General Conditions of Use if the delay or non-fulfillment derives from unforeseeable circumstances or due to force majeure.
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Although Camapp srls has structured a careful selection process for Sellers, it does not guarantee the quality of the products traded through the "Fooodle" Platform, nor does it recommend the purchase or sale of any particular product.
In general, the Company is not responsible for the conclusion and execution of individual product sales transactions, including any fraudulent use of the payment methods accepted by the Platform.
Camapp srls assumes no responsibility for content created or published on third party sites with which the Platform has a hypertext link ("link"). The Company does not control these links and is not responsible for their contents or their use. The presence of links on the B2C Platform does not imply any acceptance by Camapp srls of the material published on such websites or any other relationship between the Company and their managers. The User who decides to visit a website connected to the "Fooodle" Platform and / or the Site does so at his own risk, assuming the responsibility of taking all necessary measures against viruses or other malware.
10. The role of society
Camapp srls, despite providing some ancillary services, such as the shipping service through Shipping Partners, remains totally unrelated to the underlying sales contract stipulated between the Seller and the Buyer, who are the only contracting parties.
Camapp srls does not carry out any activity of purchase or sale of products or intermediation or mediation of disputes between Seller and Buyer. Camapp srls in the management of the "Fooodle" Platform is not an agent or a distributor.
The Seller will be solely responsible for the correct execution and fulfillment of the sales of products through the "Fooodle" Platform.
In any case, the Buyer and the Seller explicitly acknowledge that this formality does not make Camapp srls part of the sales contract stipulated between them.
Regarding the price, buyers will proceed to pay the total price of the selected products (including taxes and delivery costs) using the payment methods accepted by Camapp srls and according to the methods indicated on the "Fooodle" platform, it being understood that the payment is received by Camapp srls in the name and on behalf of the seller.
The Seller expressly declares to accept that Camapp srls will collect, in its name and on its behalf, the price of the products purchased (including taxes and delivery costs) according to the methods and payment methods indicated on the platform.
The Seller expressly declares to accept that, after the acceptance of the purchase order by the Supplier, Camapp srls will pay the price of the products in its favor as indicated in the price list provided.
11. Permits and licenses
By accepting the General Conditions of Use of the Fooodle Platform, users declare:
(i) that the Buyer or, as the case may be, that the Seller has all the powers to register on the Fooodle Platform, use the services from the same offer and validly conclude contracts for the purchase and sale of products and execute them;
(ii) to have the authorization to use, publish, spend content, brands, logos of the company that uses the B2C Fooodle Services;
(iii) to have the necessary licenses and permits for distribution, production and trade as established by applicable laws;
(iv) to be in possession of any certifications necessary for export to European Union or non-EU countries which are indicated in the registration phase or which are reported later.
12. Variations and additions to the general conditions of use of the "Fooodle" Platform
Camapp srls reserves the right, at any time, to modify, integrate and / or cancel, in whole or in part, the B2C Fooodle Services, the policies, these General Conditions of Use of the platform and any accessory document. to offer new products or services or to adapt to market needs or legal and regulatory provisions.
In the above hypothesis, Camapp srls undertakes to communicate the contractual changes to the Users by publishing a notice on the Homepage on the Platform and on the General Conditions of Use page.
The User undertakes to regularly check the General Conditions of Use and expressly agrees that his use of the Fooodle Platform, following the communication / publication of the variations of the General Conditions, constitutes an unequivocal manifestation of their acceptance.
Where a user does not intend to accept the changes to these General Conditions of Use, he will have the right at any time to request the cancellation of his Account by following the procedure available on his personal area of the Site or by writing an email to info@fooodle.it with the subject "Account deletion".
13. Service Interruption
Access to the Fooodle Platform may be temporarily interrupted in the event of technical problems or to ensure its maintenance. Such interruptions will be communicated, if possible, by posting a notice on the Platform Homepage.
At any time, Camapp srls may make improvements and / or changes to the Web Platform and to the Services offered if this is necessary for technical reasons or in order to comply with current legislation.
The Company reserves the right to interrupt, in whole or in part, the B2C Fooodle Service even without notice, without the users for this reason accruing a right to any form of indemnity, penalty or reimbursement.
14. Duration, withdrawal and termination
14.1. time
The General Conditions of Use of the Fooodle Platform are effective from the date of signing of the same and / or from the date of the User's registration and remain valid and effective until the date of cancellation of the Account.
The duration of the contract with the Suppliers / Sellers is set at three months from the signing of the same and / or from the registration date of the Supplier on the "Fooodle" web platform and will be tacitly renewed from time to time in the event of failure to withdraw. of the Supplier.
14.2. Withdrawal of Suppliers / Sellers
The Supplier / Seller may withdraw from the existing contract with Camapp srls by means of a communication with registered letter with return receipt to be sent to the Company at the following addresses (Camapp srls, with registered office in Scisciano (NA) at via Cerqua Sant'Antonio n.15 - address peccamapp@pec.it), with notice of at least 15 (fifteen) days.
14.3 Suspension or termination by Camapp srls
Unless otherwise agreed in writing, Camapp srls will have the right to withdraw from these General Conditions of Use, for any reason and at any time, with two months' written notice.
The Company will also have the right to suspend and / or interrupt the B2C Fooodle Service to the user (Supplier / Buyer) and prevent access to the Account in the following cases:
(i) the user has provided false, incomplete, incorrect or misleading information or has engaged in fraudulent or illegal conduct;
(ii) unauthorized or fraudulent use of the Account associated with the user or of the respective payment data is found or reported;
(iii) in case of violation of the obligations respectively provided for by users in the following articles: 2 (Object and parts); 3 (Services rendered); 4 (Reviews and comments); 7 (Conditions of use of the “Fooodle” platform); 8 (Intellectual property); 11 (Permits and licenses);
(iv) only towards the Sellers, where the Seller violates any of the obligations set out in Article 6 (Obligations for the Sellers) or any of the obligations specifically listed in the separate written agreements entered into with Camapp srls;
(v) only towards the Buyer, where the Buyer violates any of the obligations set out in Article 5 (Obligations for Buyers).
In the event of any of the aforementioned cases, Camapp srls will inform the user (Buyer or Seller) of the suspension of the relevant Account and of the reasons for such suspension, where possible, before this occurs.
The Company will reactivate the user's Account only if the user has remedied the alleged violations within 15 (fifteen) days from the date of receipt of the notification of suspension.
Otherwise, without prejudice to the further right to compensation for any damage, the General Conditions of Use will be considered terminated by law pursuant to art. 1456 cc
Any request for Account reactivation must be made by email to info@fooodle.it with the subject "Account Reactivation".
Notwithstanding the foregoing, if a Customer does not use the B2C Fooodle Service for a period of at least 24 (twenty-four) consecutive months, Camapp srls will, after sending a notice via email, cancel the Account associated with that user.
In any case, the Company reserves the right to take appropriate judicial initiatives, both civil and criminal, to protect its own rights and interests and the rights of third parties.
14.4. Consequences of withdrawal, suspension or termination
Upon receipt of the request for withdrawal or in cases of suspension or termination, Camapp srls will cancel any pending transaction.
Against the cancellation of the Account and the termination, for any cause and / or reason, of these General Conditions of Use towards the user, Camapp srls cannot be held responsible towards the user for any compensation, compensation or damages of any kind, direct or indirect, including damages for loss of possible profits, anticipated sales, goodwill or for expenses, investments or obligations related to the termination or suspension of the B2C Fooodle Service.
Furthermore:
- the user will remain responsible for the payment of all commissions, charges and other payment obligations relating to the use of the B2C Fooodle Service accrued up to the effective date of the cancellation of the Account;
- all licenses or other rights recognized to the parties under these B2C General Conditions will cease with immediate effect;
- the user must promptly return or destroy and stop using all materials provided by Camapp srls
15. Indemnity
In case of violation of the user's obligations pursuant to these B2C General Conditions of Use or the declarations and guarantees given therein, the user will be required to indemnify and hold Camapp srls harmless from and against any dispute, cost, legal action, dispute or claim and from any loss, damage, liability, order, penalty, interest and expense (including, without limitation, legal fees) arising from disputes, legal actions, investigations, investigations, inquiries or other proceedings promoted by any subject in relation to:
- an ascertained or possible non-fulfillment of the declarations, guarantees or obligations provided for by these General Conditions of Use B2C;
- ascertained or possible injuries or violations of the rights of third parties or applicable laws deriving from the use of trademarks and / or distinctive signs of the user and / or third parties in relation to the B2C Fooodle Service or the B2C Platform;
- the use by the user of the B2C Fooodle Service or the execution of the purchases and sales of products concluded through the Fooodle Platform.
16. Contacts
Camapp srls
Registered office: via Cerqua Sant'Antonio n.15, 80030 Scisciano (NA) Italy
VAT number 09286311213
website www.fooodle.it
pec address: camapp@pec.it
email address: info@fooodle.it
17. Applicable law and competent court
These B2C General Conditions are regulated and must be interpreted according to Italian law.
In the event of disputes relating to the interpretation and application of these B2C General Conditions and / or any non-fulfillment or disservices attributable to Camapp srl and the related disputes between the aforementioned Company and the Suppliers / Viewers, they will be devolved to the Court of the place where the registered office is Camapp srls.
In the event of any disputes that may arise between the Supplier / Seller and the Buyer , the legislation envisaged by the Legislative Decree of 6 September 2005, n. 206 (so-called "Consumer Code") and the civil code.
Acceptance of the general conditions
Pursuant to and for the purposes of articles. 1341 and 1342 and ss. cc, the user declares to have carefully read and understood and therefore to expressly approve the Premises and the articles and / or clauses indicated below:
Art.2 Object and parts;
Art.3 Services rendered;
Art. 3.1 Sales promotion services;
Art. 3.1.1 Paid subscriptions;
Art. 3.2 Commercial transaction services;
Art. 3.2.1. Products;
Art. 3.2.2 Graphics of the products;
Art. 3.2.3. Characteristics and availability of products;
Art. 3.2.4 Purchase procedure;
Art. 3.3 Complaints;
Art. 3.4. Buyer's right of withdrawal;
Art. 3.5. Shipping services;
Art.4 Reviews and comments;
Art. 5 Obligations for Buyers;
Art. 6 Obligations for Sellers;
Art. 6.1 Responsibility for information and contents;
Art. 6.2 Responsibility of Sellers on products and offers;
Art. 6.3 Data processing for promotional purposes for sale
Art. 6.4 Disputes between Supplier / Seller and Buyer;
Art. 6.5 Protection of the Image of the "Fooodle" Platform;
Art. 6.6 Price of the products;
Art. 6.7 Packaging of products;
Art. 7. Conditions of use of the “Fooodle” platform;
Art. 7.1. Permitted use;
Art. 7.2. Electronic communications;
Art. 8. Intellectual property;
Art. 8.1. Copyright, database and content rights;
Art. 8.2. Trademarks ;
Art. 8.3. Licenses;
Art. 9. Limitation of liability;
Art. 10. The role of the company:
Art. 11. Permits and licenses;
Art. 12. Variations and additions to the general conditions of use of the “Fooodle” Platform;
Art. 13. Service interruption;
Art. 14. Duration, withdrawal and termination;
Article 14.1. Duration;
Art. 14.2. Withdrawal of Suppliers / Sellers;
Art. 14.3 Suspension or termination by Camapp srls;
Art. 14.4. Consequences of withdrawal, suspension or termination;
Art. 15. Manleva;
Art. 17 Applicable law and competent court.