Controversy ADR-ODR
The FooDIGITAL website hosts a technological platform, designed and managed by Twoside srl., on which "MarketPlace" is available (i.e. a virtual store within which third party sellers, other than FooDIGITAL, can offer and sell their products and conclude the related purchase contracts).
The site therefore allows users to purchase both products and / or services sold by FooDIGITAL, and products and / or services sold by third party sellers as part of the so-called "MarketPlace". On the site it is always clearly indicated if the product and / or service is sold by FooDIGITAL or by a third party seller. In the event that you purchase from a third-party vendor other than FooDIGITAL, the relevant contract is concluded solely between you and such third-party seller.
If you have submitted a complaint about a contract concluded with FooDIGITAL or a third-party seller, but it could not be resolved, remember that the online dispute resolution service for consumer disputes has been established by law!
Below you will find a summary of the main information on alternative dispute resolution; this information refers both to disputes that may arise in connection with a contract concluded with FooDIGITAL regarding the products and/or services specifically indicated on the site as "sold and shipped by FooDIGITAL", and to disputes that may arise in connection with a contract concluded with a third party seller of the MarketPlace, regarding the products and/or services offered for sale by the latter.
With regard to complaints relating to contracts concluded with a third-party seller, remember in any case that the latter will provide you with detailed information regarding its possible membership in one or more Alternative Dispute Resolution bodies for the out-of-court resolution of disputes directly in the Seller Card, which you can consult by accessing the site.
For any further information, do not hesitate to contact, for contracts concluded with FooDIGITAL, FooDIGITAL's Customer Service, in the manner and at the addresses indicated in the "Contacts" section of this site, and, for contracts concluded with a third-party seller, the seller himself, through the appropriate messaging system of the platform which you can access from the reserved area of your personal account.
Legal
ALTERNATIVE DISPUTE RESOLUTION (ADR) / ONLINE DISPUTE RESOLUTION (ODR)
Starting from 9 January 2016, the provisions introduced by Legislative Decree no. 130 of 6 August 2015 and EU Regulation no. 524/2013, on Alternative Dispute Resolution and Online Dispute Resolution, became applicable.
The purpose of this legislation is to promote the amicable resolution of disputes between professionals and consumers through alternative methods, such as, in fact, the Alternative Dispute Resolution (so-called ADR) and the Online Dispute Resolution (so-called ODR).
To this end, a European Online Dispute Resolution platform (so-called ODR platform) has been created, which can be consulted at the following address https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage. Through the ODR platform, consumers will be able to know the list of ADR entities, find the link to the website of each of them and start an online dispute resolution procedure relating to a contract concluded online in which they are involved.
At the moment, FooDIGITAL does not use any ADR entity referred to in articles 141-bis and ss. Consumer Code. As for third-party sellers, each of them will indicate - directly in its Seller Sheet, which you can consult by accessing the site - detailed information regarding its possible membership in one or more ADR entities.
In any case, whatever the outcome of the out-of-court dispute resolution procedure, your rights to apply to the ordinary judge and, if the conditions are met, to promote an out-of-court resolution of disputes relating to consumer relationships through recourse to the procedures referred to in Part V, Title II-bis of the Consumer Code, are reserved.