Terms and Conditions Temakinho "Take Away and Delivery"
The website https://www.temakinho.com/ is owned by the company Temakinho S.p.A. with registered office in via Francesco Petrarca n. 6, 20123 Milan (MI), VAT number 07598530967 (hereinafter "Temakinho" or “the Company”).
Temakinho S.p.a. has appointed as a Processor for the management of the centralized data database and the infrastructure the company CIGIERRE Compagnia Generale Ristorazione S.p.A., an Italian company with registered office in Tavagnacco (UD), Via Nazionale 35, 33010, Tax Code and registration number no. 01896000302, since Cigierre S.p.a. is the parent company of Temakinho S.p.a..
The Company (or in some cases, Cigierre S.p.a. when the latter is franchisee of Temakinho S.p.a.) offers its customers the possibility to receive at home the meals, food and drinks (hereinafter, "the Products") prepared by the restaurants Temakinho through a collection service at the Restaurant or collection location indicated (" take away service ") and home delivery service (" delivery ").
1. Scope of Application
1.1. The following terms and conditions (hereinafter “Terms and Conditions”) regulate the sales contract concerning the Products supplied to the client by the Temakinho Restaurant chosen by the client and then collected by him or delivered to his home.
1.2 The company reserves the right to modify these Terms and Conditions at any time. Any new conditions will be effective from the publication on the website and be applicable exclusively to orders made from the day of their publication. The client is invited to read these Terms carefully.
2. Booking procedure
In order to buy the products and order the take away/delivery, the client can place the order by:
- telephone contact at the chosen restaurant
- online access to the "TAKE AWAY/DELIVERY" section of the Site through registration (free), in order to obtain the account, which is personal and non-transferable. The client may cancel his account at any time, it being understood that in this case he will lose the right to purchase through the site, except for the possibility of creating a new account.
3. Reservation by phone call
3.1 By phone call to the chosen restaurant, the client will indicate the products chosen and the modality of delivery or take away. He will also communicate to the Restaurant its contact details and telephone number, as well as the delivery address in case he opts for the delivery service.
3.2 The staff, duly authorized to process data for the service, once received the purchase order from the client, will prepare the chosen products, within the terms agreed with the client himself through the telephone contact.
3.3. The client is aware that his telephone acceptance constitutes consent and intention to be bound by these Terms and Conditions of Sale and the special conditions applied to each purchase order, committing to pay for the purchases made.
3.4. The contract between the client and the Restaurant will be concluded by telephone call, and the completion of the order takes place through verbal confirmation (telephone contact) to the number of the chosen restaurant.
3.6. Orders can only be placed by individuals over the age of 16. However, if the age of the Purchaser is less than 16 years, the purchase order must be forwarded involving a parent or guardian, it being understood, in any case, that orders containing alcoholic beverages cannot be accepted if they come from, or carried out on behalf of persons under the age of 18. If the order is still placed by minors, in violation of this provision, the user assumes full responsibility for the purchase and indemnifies the Company for any operation carried out in violation of this provision paragraph.
3.7. The client will not have the right to withdraw from the contract once it has been completed, since these are goods that are likely to deteriorate or expire rapidly.
4. Order through the Site
4 .1 The client can access the Site in Italian or English.
4.2 The company cannot be held responsible, at any time or for any period of time, for any unavailability, for any reason, of the Site and the application.
4.3 The Site allows the client to order and pay for a wide range of products (meals and drinks) offered by the restaurant through the online service. Once the restaurant has received the purchase order from the client, it will prepare the selected products, within the terms agreed with the client himself through the site by filling in the appropriate fields by the client.
4.4. The purchase order sent by the client is valid as a purchase proposal. The client is aware that his electronic acceptance constitutes consent and intention to be bound by these Terms and Conditions of Sale and the special conditions applied to each purchase order, committing to pay for the purchases made.
4.5. The contract between the client and the restaurant will be concluded by ticking the selection box on the site indicated as "I accept the terms and conditions of sale". Therefore, before placing the order and purchasing the selected products, the client is required to carefully read these "Terms and Conditions of Sale". The order confirmation sent to the client, summarizing the order data of the latter, with the scheduled time for delivery by the restaurant, is valid as acceptance of the proposal and thus completes the contract.
4.6. Parts of the contract mean the client and the restaurant.
4.7 Orders can only be placed by individuals over the age of 16. However, if the age of the Purchaser is less than 16 years, the purchase order must be forwarded involving a parent or guardian, it being understood, in any case, that orders containing alcoholic beverages cannot be accepted if they come from, or carried out on behalf of persons under the age of 18. If the order is still placed by minors, in violation of this provision, the user assumes full responsibility for the purchase and indemnifies the Company for any operation carried out in violation of this provision paragraph.
4.8. The client will not have the right to withdraw from the contract once it has been completed, since these are goods that are likely to deteriorate or expire rapidly.
4.9. Unless the client chooses the method of payment upon collection, with the confirmation of the order, the client authorizes the selected restaurant to charge the indicated amount, as purchase of products.
5.1 The client undertakes to pay the price in full at the time of sending the purchase order by electronic advance payment of the order if he places the order online; or when he picks up the Products if he opts for the take away service; or, in the case of the delivery service, directly to the address indicated by the client for delivery.
5.2 The payment of the price can be made through the following methods made available to the Buyer:
- payment by credit card via Stripe: the client authorizes to pay the amount as the purchase cost of the Products;
- Cash payment: at the time of collection or home delivery, the client can also opt for cash payment.
6. Take Away service
6.1 The delivery of the selected and ordered products is carried out using the "take away" modality at the address indicated by the Restaurant and at the time chosen by the client and specified in the order confirmation.
6.2 The products are prepared on the basis of orders placed. The client will not be able to modify an order already sent and already accepted.
6.3 The delivery of the products is subject to payment of the relative price with the chosen method.
6.4 In case of failure to collect the ordered products at the agreed time, the Restaurant will contact the client by telephone. It is understood that failure by the client to collect the products ordered within 30 minutes following the scheduled delivery time indicated in the order confirmation, will result in the payment of the order being charged to the means of payment indicated by the client at the time of placing the order.
6.5 The selected Restaurant cannot be held responsible for any delays in the preparation of the Products and disservices attributable to force majeure and in any case not attributable to the conduct of its employees.
6.6 The client accepts from now on a possible delay of 30 minutes with respect to the scheduled time indicated at the time of the order, a delay that will not be able to give rise to any dispute against the restaurant.
6.7 Upon delivery, the client will verify the correspondence between what has been ordered (and possibly already paid for) and what has been delivered by the Restaurant. The withdrawal of the order by client will result in acceptance of the delivered products, with the consequence that the client will no longer be able to raise any objection or dispute regarding the conformity of the same with the order placed.
6.8 After the delivery of the products, the Restaurant can no longer be held responsible for their conservation methods or for any damage deriving from poor storage following delivery.
7. Home delivery service
7.1 For home delivery services, the company makes use of both its own employees, duly authorized to process the data, and third parties such as logistics and food delivery companies, duly appointed as data processors.
7.2 Transportation services are carried out by land.
7.3. The company undertakes to provide the best possible delivery service and within the indicated time frame, taking into account the total number of orders and the circumstances in which the Restaurant is located at the time of the order. In the presence of unforeseeable circumstances and causes of force majeure, such as the traffic situation or climatic conditions, the company and third-party logistics entities cannot be held responsible for any delays in delivery. The client accepts a possible delay of 30 minutes with respect to the scheduled time, a delay that will not be able to follow up on any dispute against the company.
7.4. Upon delivery, the client will verify the correspondence between what was ordered (and possibly already paid) and what was delivered by the Restaurant. The withdrawal of the order by the client will result in acceptance of the delivered products, with the consequence that the Buyer will no longer be able to raise any objection or dispute regarding the conformity of the same with the order placed.
8.1 The prices applied are those communicated by the Restaurant at the time of the order.
8.2 The sale prices are expressed in euros.
8.3 The prices of the products are inclusive of VAT and all other taxes.
8.4 Prices can be changed at any time.
8.5 The images of the products are purely indicative and may not be perfectly representative of the packaging or the characteristics of the product.
9. Applicable law and competent court
9.1 These Terms and Conditions of Sale and the individual purchase orders accepted are governed by Italian law.
9.2 The Court of Milan is competent for any dispute concerning the application, execution, interpretation and violation of these Terms and the individual purchase orders accepted, including any action relating to contractual and non-contractual liability.
9.3 If the company fails to assert its contractually recognized rights or faculties on any occasion, this behavior cannot in any case be interpreted as a waiver of its rights, nor will it prevent the company from requesting full, rigorous and timely compliance at a later time. by the Buyer.
10. Provisions on privacy and protection of personal data