General Condition of Sales

1. Applicability

These General Conditions of Sale" apply to all sales contracts concluded between the Seller and the buyer (hereinafter respectively "Seller" and "Buyer", cumulatively referred to as "Users") through the use of the digital Marketplace accessible at the following address www.foodigitaly.it or www.foodigitaly.biz or www.foodigitaly.com (hereinafter the "Marketplace").

1.1 The Marketplace is managed by Twoside s.r.l. (hereinafter "Twoside"), as expressly indicated in the Terms and Conditions for Sellers and in the Terms and Conditions for Buyers to which reference is made in full for the functions and methods of use of the Marketplace. However, it should be noted that Twoside is not the seller of the goods marketed through the Marketplace, but assumes the role of service provider, i.e. supplier and operator of the Marketplace platform. Therefore, Twoside is not a party to the sales contract between the Buyer and the Seller.

1.2 By declaring to accept these General Conditions of Sale when purchasing a product on the Marketplace, the Buyer undertakes to comply with the Conditions in this document. The Buyer may not purchase products through the Site in case of non-acceptance of these General Conditions of Sale.

1.3. During the acceptance process, the General Conditions of Sale can be viewed, saved on your device and printed by the Buyer. In any case, the Buyer can always access the General Conditions of Sale through the Marketplace.

1.4 The General Conditions of Sale apply to all sales of Products made by the Seller through the Marketplace and do not apply to the sale of products and/or services on the Site by sellers other than the Seller registered on Foodigitaly ("Third Party Sellers"). In fact, these General Conditions of Sale do not govern the sale of products or services by parties other than the Seller that are present on the Site through links, banners or other hypertext links. Before carrying out commercial transactions with these subjects it is necessary to check their conditions of sale. The Seller and Twoside srl are not responsible for the provision of services and / or for the sale of products by such subjects. On the websites that can be consulted through these links, the Sellers and Twoside srl do not carry out any control and / or monitoring. The Seller and Twoside are therefore not responsible for the contents of these sites or for any errors, and/or omissions and/or violations of the law by them.

2. Changes to the General Conditions of Sale

2.1 Twoside srl reserves the right to make changes to these General Conditions of Sale at any time if such changes should be necessary to comply with legal provisions, adapt the General Conditions of Sale to the sales models of the Marketplace or for technical reasons. Any changes to the General Conditions of Sale will be notified in advance and the updated version of the General Conditions of Sale is published from time to time on the Marketplace.  In any case, the version of the General Conditions of Sale in force at the time of submission of the purchase order applies to each purchase.

3. How to purchase

3.1 To proceed with the purchase of products on the Site, the Buyer can do so without registering, but if he wishes to have information on orders previously placed or receive support and communications from sellers he must (i) create a profile on the Marketplace, (ii) and access the Marketplace with his authentication credentials, if they have already been obtained just log in with the email and password indicated during the creation of the profile.

3.2 To create a new profile on Foodigital, please refer to the Terms and Conditions for Buyers.

3.3 The Buyer can proceed to purchase the products, inserting the chosen items in the cart of the Site, selecting the payment method among those available pursuant to Article 7.1 and electronically forwarding his purchase order to the Seller

3.4 If the Buyer decides to cancel his profile through the methods provided in the Terms and Conditions for Buyers, purchase orders already sent before the cancellation request will be considered received by the Seller and will be managed by the same according to these General Conditions of Sale. To request the deletion of data just send an email with the cancellation request to info@twoside.it

4. Conclusion of the purchase contract

4.1. The submission of a purchase order through the Marketplace constitutes a binding purchase offer with respect to the selected products and, therefore, the conclusion of a purchase contract, which will be entirely governed by these General Conditions of Sale and the particular conditions of sale ("CPV") made public within the Marketplace in the section dedicated to products ("Purchase Agreement").

4.2. Once the purchase order has been sent, the conclusion of the Contract is subject to the express approval of the purchase order by the Seller, which consists of sending an e-mail with which the Seller confirms the order placed by the Buyer ("In Processing") indicating the order number and details of the same. The Seller reserves the right to indicate, on the Marketplace and in any case before the Buyer confirms the sending of the same, any limits for the acceptance of the order, such as: minimum amount spent for each order, weight limit, etc. Therefore, the Buyer acknowledges that the Confirmation of Receipt does not constitute acceptance of the purchase order and that the Contract will be considered concluded exclusively upon receipt by the latter of the Order Confirmation, referred to in this article.

4.3. Before sending the purchase order, the Buyer is required to check the summary of the purchase order to check that all the data provided are correct. Any data entry errors can be corrected using the appropriate data modification functions on the Marketplace. In the event of errors that the Buyer has noticed only after sending the purchase order, the Buyer may correct them by contacting the Seller directly in the manner indicated in article 14 below.

4.4. The Buyer is required to keep the order number in the Order Confirmation in order to access the assistance service and for any other communication with the Seller

5. Availability of items in the catalogue

5.1. The Buyer may select for purchase purposes only the products present in the catalog published on the Marketplace and made available at the time of the purchase order by the Seller. The selected products are placed in the shopping cart, the contents of which can be deleted or modified at any time until the time of forwarding the purchase order.     

5.2. The product catalog is periodically updated by the Seller, therefore the Seller does not provide any guarantee regarding the permanence of a product among those available nor the availability of all versions and / or formats of each product in the catalog.

5.3. Each product is accompanied by a description of its main characteristics. The images and colors of the products in the description sheets may not correspond faithfully to the real ones due to the settings of the computer systems or devices used by the Buyer to view the Marketplace. Therefore, the images published must be understood as merely indicative within the limits of normal tolerance.

5.4. The products on the Marketplace are available until exhaustion. If, although selectable, the chosen product is not available, the Seller will promptly notify the Buyer by e-mail to the address provided by the Buyer during registration to the Marketplace and / or by sending the order confirmation. With this notice, in the event of permanent unavailability of the product, the Seller may possibly propose to the Buyer one or more alternative products, it being understood that, if the Buyer does not intend to accept the proposal, he will promptly be reimbursed for any amount already paid in accordance with the provisions of article 7.4. In case of acceptance by the Buyer of the alternative proposal, the Contract is concluded upon receipt by the Buyer of the Order Confirmation, in accordance with Article 4.2 above.

6. Product prices

6.1. Sales prices are expressed in Euro and are exclusive of VAT.

6.2. The sales prices applicable to the Buyer are those published online at the time of placing the purchase order. These prices are subject to change without notice. The Seller reserves the right to change the price of the Products at any time and also, possibly, several times during the same day. It is understood that the final price of the Product that will be charged to the User will be the one indicated in the Order Confirmation email, sent by the Seller, and that any changes (increasing or decreasing) subsequent to the transmission of the order will not be taken into account.

6.3. All prices of the products on the Site are net of shipping costs, which remain entirely the responsibility of the Buyer. Shipping costs include VAT and these costs vary depending on the shipping method selected, the place of delivery, the total weight of the products purchased with each order and are indicated separately in the summary of the purchase order, in the Confirmation of Receipt and in the subsequent Order Confirmation.

7. Payments, invoicing and refunds

7.1. The price must be paid only through the payment methods available to the User, alternative to each other (the Seller reserves the right in any case to modify / deactivate the payment methods at any time and / or to activate others). It should be noted that the online payment system for the Products that allows Buyers to pay Sellers on the Site is provided by Stripe Payments Europe, Limited - Italian Branch VAT/GST Number: 12221650968 Via Privata Maria Teresa, 4, 3rd Floor, Milan, 20123, Italy , Payment Service Provider.     

7.2. Where requested by the Buyer, following payment, the invoice issued by the Seller will be sent in .pdf format by e-mail to the address provided by the Buyer during registration on the Site, it being understood that the electronic invoice if requested and has been indicated by the buyer to send via sdi code is still available in the reserved area of the Revenue Agency website.

7.3. In case of refunds, any amounts paid by the Buyer to the Seller will be returned using the same payment method used by the Buyer to make the purchase. Refunds will be processed in the times and in the manner provided by the manager of this payment method. In this case, if an invoice has been issued, the Seller will issue a corresponding credit that will be made available to the Buyer in the same manner indicated above for the invoice. 8. Delivery of products

8. Times and methods of delivery of the ordered products

8.1. The products purchased on the Site are delivered to the shipping address indicated by the Buyer during registration on the Site or purchase of the product. In this regard, the Marketplace allows you to make purchases that will be shipped by the Sellers to the address indicated during the checkout phase, in any case, due to their logistical availability and the capillarity of their distribution network. The Seller also reserves the right to exclude or limit delivery in certain areas (by way of example and not exhaustively: inaccessible mountain areas, remote islands, etc.).

8.2. Delivery takes place, as established in the CPV as well as as indicated in the "order confirmation".

8.3. Delivery is considered made at the time of acquisition, by the Purchaser or a third party authorized by him, of the material availability of the products.

8.4. Upon delivery of the product, the Buyer is required to check that the packaging is intact and without signs of damage, tampering or alteration. If this verification is not successful, the Buyer must immediately make the necessary disputes to the courier, refusing the product or accepting it with written reservation on the transport document. In addition, the Buyer must promptly inform the Seller of the incident through Twoside's Customer Care ("Customer Service") in the manner indicated in Article 14 below.

8.5. In case of non-delivery of the products due to the absence of the Buyer, the products will be returned by the courier to the Seller.

8.6. In the event of events of force majeure, unforeseeable circumstances and events beyond the control of the Seller, such as strikes, floods, earthquakes, epidemics or measures by national or local authorities, the delivery date of the order may be postponed by providing adequate communication via telephone or e-mail to the customer. In this case, the Seller will not be held responsible for any delays in the delivery of the order deriving from the events referred to in this article. 9. Buyer's representations and warranties

9. Buyer's Statement and Warranties

9.1. The Buyer declares and guarantees:

9.1.1. to be able to legitimately enter into the Contract;

9.1.2. to be of legal age;

9.1.3. that the personal data and other information communicated to the Seller through Twoside during registration on the Marketplace or purchase of a product are true, correct and updated as required by the Buyers' Terms and Conditions;

9.1.4. that will use The Marketplace in compliance with any applicable legal provision or regulation, refraining from any form of direct and / or indirect use of the Site that is contrary to the law, the Terms and Conditions of the Buyers, these General Conditions of Sale or detrimental to the rights of third parties.

9.2. The Buyer undertakes to indemnify and hold harmless the Seller against any liability, action, cost, expense and claim that may arise from the violation by the Buyer of the declarations and guarantees referred to in Article

9.1., without prejudice in any case to the possibility of the Seller to terminate the Contract with immediate effect pursuant to Article 1456 of the Civil Code in the event of breach by the Buyer of the aforementioned declarations and guarantees. 10. Guarantee of conformity

10. Compliance

10.1. The products sold through the Marketplace to the Buyer will be covered by the warranty for defects of the thing sold, the guarantee for lack of quality promised and essential and the other guarantees provided for by the civil code with the relative terms, forfeitures and limitations

10.2. The notification of defects can be made by sending an e-mail to Customer Service. In any case, the complaint must contain an accurate and complete description of the defects or defects disputed and photos of the product, highlighting the lack of conformity reported. In order to take advantage of the warranty for defects, the Buyer must therefore first provide proof of the date of purchase and delivery of the goods. It is appropriate, therefore, the Buyer, for the purposes of this proof, to keep the order confirmation or purchase invoice or any other document that can attest to the date of purchase and the date of delivery. The Seller through Customer Service will promptly respond to the Buyer's communication, giving him instructions for the possible return of the product.

10.3. The return of the product will be carried out at the expense of the Seller if, in light of the complaint of the lack of conformity and the photographic documentation received, the Seller considers the reported defect to exist. If, on the other hand, the Seller, following the analysis of the photographic documentation, does not consider the Buyer's report to be well-founded, the latter will be free to send the product to the Seller, at his own expense and expense, for the sole purpose of submitting it to physical analysis by the latter. The Buyer must attach to the product for which he intends to assert the legal guarantees the email reporting the defect and the payment receipt or any other document reasonably requested by the Seller.

10.4. The Buyer may ask the Seller, at its discretion, to reduce the price or replace it, at no cost to him.

10.5. Where, after having collected / received the product, the Seller verifies that the lack of conformity reported actually exists, any transport, repair or replacement costs of the product will remain the responsibility of the Seller or, if the transport costs had been incurred by the Buyer pursuant to Article 10.3. above, will be reimbursed by the Seller. Otherwise, or where the Seller verifies that the lack of conformity reported does not exist or that there are no conditions for the applicability of the guarantees, the latter will not operate and all transport costs – both those incurred by the Buyer for sending the product to the Seller and vice versa – will be borne by the Buyer; in this case, the Seller will notify the Buyer and the product will be returned to the shipping address indicated by the Buyer.    

10.6. The Buyer acknowledges and accepts that any defects or damages caused by accidental events or by the Buyer's responsibility or by use of the products not in accordance with their intended use or by normal wear and tear will not be covered by guarantees. 11. Right of withdrawal

11. Right of withdrawal

11.11 Only in the case of purchase by a private user The seller may recognize the Buyer the right of withdrawal in the themes and in the manner established in the General Conditions of Sale. The Seller is therefore solely responsible for the recognition and application of the right of withdrawal.

11.2 In any case, the right of withdrawal cannot be exercised by the Buyer for products that present a risk of deterioration or a rapid expiry, as well as for products that do not lend themselves to being returned for hygienic reasons or related to health protection and have been opened after delivery (for example, in the case of certain types of food or beverage products).

11.3 The right of withdrawal is not applicable for those who buy on Foodigitaly with VAT number and therefore as a professional buyer.

12. Processing of personal data

12.1. The Seller for the fulfillment of obligations and duties deriving from these General Conditions of Sale processes personal data of Buyers in compliance with the applicable legislation on the subject and makes the following information on the processing of personal data to the Buyers.

12.2. Pursuant to Regulation (EU) 2016/679 (hereinafter "GDPR"), the Seller (hereinafter also the "Data Controller") informs the Buyer that the personal data - provided by the same or otherwise acquired from third parties -, as part of the activities related to the sale of products, offered by the Seller through the Marketplace, and the related delivery ("Purchases"), are processed in compliance with the aforementioned legislation and the related confidentiality obligations,  and in any case according to the purposes and methods set out below. If the Purchases are made by a legal person, this information is intended for natural persons who, within that legal person, complete the Purchases or in any case whose personal data will be processed by the Seller.

12.3. The personal data being processed belong to the category of common personal data (personal, contact, billing, shipping) and are collected through the Marketplace by the Data Controller or communicated by Twoside in cases where it processes the information as an independent owner (eg data related to the creation of the account). In this regard, the Buyer is invited to read Twoside's Privacy Policy for Buyers.

12.4. Personal data are processed by the Data Controller in order to fulfill the obligations of law, regulation and any other legislation to which it is subject; in order to organize, manage, invoice and deliver Buyer's Purchases. The provision of data is necessary and in the absence it will not be possible to conclude the Purchases and comply with the legal obligations to which the Data Controller is subject. Furthermore, the data will be processed for the defense of the Seller from any claims, on the basis of the legitimate interest of the same to protect its own rights and / or third parties' interests.

12.5. Personal data will be processed within the European Economic Area (EEA). If for the pursuit of the aforementioned purposes it is necessary to transfer outside the EEA, the Data Controller will comply with the conditions that legitimize such transfer and indicated by the GDPR. In addition, the data will be stored, in compliance with the appropriate technical, organizational and security measures applicable in the sector, within the ordinary statutory prescription terms.

12.6. The data may be disclosed to third parties for the pursuit of the purposes indicated above which may process the data as independent data controllers (eg judicial authorities, public bodies / bodies) or data processors (eg Twoside as a mere supplier of technical and IT services, such as The Marketplace).

12.7. The Buyer may exercise the rights recognized by the GDPR in Articles. 15 – 22, in compliance with the limits set forth therein. Furthermore, it is always without prejudice to the possibility of finding protection of one's rights by contacting the Guarantor for the protection of personal data.

12.8. The Buyer may always contact the Owner at the contact details provided during the Purchases.

13. Governing Law.

13.1. These General Conditions of Sale are entirely governed by Italian law.

13.2 The competent court for disputes with acquiring companies is the Court of Milano (MI) Italy

14. Contact

14.1. To receive assistance, submit complaints or request information, the Buyer may contact the Company at the following contacts: info@Twoside.it Pursuant to and for the purposes of articles 1341 and  1342 of the Civil Code, the User declares to have understood and expressly accepted the following articles of the General Conditions of Sale: 2 (Amendments to the General Conditions of Sale),  9 (User representations and warranties) and 10 (Guarantee of conformity).