Terms and conditions
REGULATION OF the SITE,
IMPORTANT LEGAL INFORMATION
This page exposes the clauses (the “Site Rules”) on the basis of which the company imanager srl (hereinafter “imanager”) provides its services via the websitehttps://www.justmary.fun/and any mobile application or website that allows visitors and users to have access to the website or the services (collectively referred to as the “Site”). Please read carefully the Rules of the Site before ordering any products from the Website, as any purchase of products for sale on the Site is governed by the present Rules of the Site. The forwarding of orders through the Site (now or in the future) constitutes your agreement to be bound by the Rules of the Site below which also sets out provisions governing the use of the Website.
Justmary reserves the right to modify in time the Site Rules by way of amendment of the terms listed on this page. We recommend that you print a copy of the Rules of the Site for future reference. The English-language version of the Rules of the Site, which is the only authentic one.
The use of personal data transmitted through the Site is governed by the following Privacy Justmary in the field of Privacy.
For the sake of clarity, it is specified that any reference to “Sitecontents” in the present Rules of the Site includes all the current versions and the future of the web sitehttps://www.Justmary.funas well as any mobile application through which you have access to the site or the services and regardless of the fact that, in one and in the other case, the access takes place through a platform or device that currently exist, or through the platform or device in the future (including, without limitation, any mobile website, mobile application, affiliate website or related, intended to give you access to the site or to the services that may be developed in the course of time).
The Site visit, only some of its parts, constitutes acceptance on the part of visitors and users of the present Rules of the Site. Visitors and users of the Site who refuse to accept the Rules of the Site are required to leave the Site immediately and will not have the ability to order products via the Site.
I. GENERAL terms and CONDITIONS OF USE AND SALE
1. RULES INTRODUCTORY the ROLE OF Justmary
1.1.imanager is a company governed by Italian law, with registered office in Milan, Via Santa Maria Valle 3
1.2. VAT number of imanager srl is the following: 10275570967 .
1.3.Imanager provides users with a system for the communication of their orders that appear on the Website.
2. ACCESS TO THE SITE AND REGULATION OF THE SITE
2.1. Access to the Site: is it possible to have access to certain areas of the web Site without placing an Order or, without proceeding to the recording of their data. Most of the areas of the Site is accessible to anyone.
2.2. Acceptance of the Rules of the Site: navigation in any area of the Site implies acceptance of the Rules of the Site. Visitors and users of the Site who refuse to accept the Rules of the Site are required to leave the Site immediately and will not have the ability to order products via the Site.
2.3. Changes to the Regulation of the Site: imanager has the right to modify the present Rules of the Site at any time. It is therefore necessary to periodically check the Site Rules in force at the time, because it binds the visitors and users of the Site. Visitors and users of the Website are required to comply with the policy and guidelines in force at the time they place an Order via imanager.
2.4. Responsibility: it is up to the visitors and users of the Site to prepare what is necessary to have access to the same web Site. In addition, visitors to and users of the Site are required to ensure that all those who have access to the Site through their Internet connection are aware of the present Rules of the Site and comply with them.
3. STATUS OF the USER OF the SITE,
3.1. legal Capacity and age:By placing an Order through the Site, you warrant that:
3.1.1 you have the capacity to act and conclude legally binding contracts; and
3.1.2 the age of 18 years.
3.2 Alcoholic beverages:in Addition, the user accepts and declares that:
3.2.1 in accordance with the law (Licensing Act 1964), is a criminal offence for any person under the age of 18 years to purchase or attempt to purchase alcoholic beverages or to any person who has completed 18 years of age to purchase or attempt to purchase, alcoholic beverages for the account of a person less than 18 years of age.
3.2.2 therefore, cannot be accepted on Orders containing alcoholic beverages from, or made on behalf of, individuals under the age of 18 years.
4. MODE OF ISSUE of the ORDER AND PROCESSING OF the ORDER
4.1. Filling in the Order form:After selecting the Products he intends to order and have provided the required information, the user has the option of placing the Order by clicking on, or by selecting the button “proceed”, or “sort,” or other similar button. Remember that it is important to check all of the information you entered and correct any errors before clicking on the button or select, because after you've done this, the procedure of processing of the Order begins and you can no longer correct any errors.
4.2. Modification or cancellation of Order:once the Order has been submitted and payment has been authorised it is not possible to change or cancel your Order and you will not be entitled to any refund (please refer to paragraph 4.4 for further information relating to the procedure applicable to Orders that are rejected). If you wish to change or cancel the Order, the user can contact Customer Service, with the procedures described in paragraph 6.3, which will attempt to contact us in order to inform him of the request of the user. There is no assurance, however, regarding the fact that the Service Customers will be able to contact us and that you will accept the demands of the user because the process of processing of the Order may have already begun. The customer, pursuant to art. 55 (a) of the Code of Consumption, do not have the right to terminate the Orders once the requested product has been delivered.
4.3. Payment authorization:In the event of non-authorisation for any payment, the Order is not processed or is not reported. You can pay on delivery.
4.4. Processing of the Order and rejection of Orders:The receipt of the Order, justmary it begins processing with the transmission of the same ae notification to the user via e-mail, that the Order has been received and is being processed. It specifies that any confirmation page that the user can view on the Website and any Order confirmation you receive by e-mail indicates only that your Order has been received and is being processed, but does not necessarily imply that the Order has been accepted.
4.5. Order delivery times are estimated at 45 minutes from the order except for exceptions.
5. PRICE AND PAYMENT
5.1. VAT and delivery costs: prices are those indicated on the Website. The prices are inclusive of VAT but they may not understand the costs of delivery (if you choose the delivery location of the retreat). These costs are added to the total amount due, if applicable.
5.2. Wrong indication of price: if the price is too high compared to the price originally agreed upon, and the user is a consumer pursuant to the Consumer Code, the user will have the right to withdraw from the Order.
5.3. Mode of payment: payment for Orders must be made by a credit/debit card or by cash or POS at the time of delivery to the customer.
5.4. Credit card payments: If you pay with credit card or debt, you may be asked to show the card to the Restaurant at the time of delivery as proof of identity at the same time allowing to check that the card corresponds to data of the receipt for the Order. Note that occasionally, delays may occur in the processing of payments and transactions by credit card; this may have as a result that certain payments may take up to sixty (60) days to be charged to the account or on the credit or debit card of the user.
5.5. Good credit and discount: To the Order can be applied to a credit or a discount if the customer uses a voucher or a code promotional recognized by the Site and backed up
5.6. the Orders are rejected: according to the bank procedure in the ordinary, once you have submitted an Order for which the user pays by credit card and the payment has been authorized, the bank or company that issued the card reserve (cd “ring fence”), the entire amount of the Order.
6. CUSTOMER SERVICE
6.1. General Provisions:imanager considers Customer Service extremely important. In compliance with article 6.5 and article 11, the Customer Service therefore tries to assist the user, when possible, in case of any problems with the Order. The user can get in touch with Customer Service by clicking on, or by selecting the button “Need help?”, “Help,” or other similar button or by calling the number listed on the Site.
6.2. Questions related to the Order:If the Order takes longer than expected or in the case of any other problem with the Order, the user can contact the Customer Service in the manner described above, and one of the Customer Service Advisors will try to give a response
6.3. Modification or cancellation of Order:If the user wishes to change or cancel your Order after it has been submitted and the payment is authorized, the user has the option to contact Customer Service.
6.4. Complaints and feedback from the users:In the event that the user is not satisfied with the quality of any Product or service provided, the user is encouraged to make known their opinion through the Site, in the form of ratings, comments and reviews (collectively referred to as the “Reviews”) that reflect your experience.
6.5. Compensation:In the event that the user is not satisfied with the quality of any Product or service provided and wish to request a refund, a proportionate reduction of the price or any other form of compensation, you must contact directly the customer service in order to submit your complaint and, if necessary, to comply with the complaint procedures.
7. LICENSE to USE
7.1. Use, permitted:it is permitted to use the Site and print and download extracts from the Site for personal use, not for purposes of trade to the following conditions:
7.1.1. the user must not use the Website in an improper manner, including by means of hacking or extraction of computerised data (scraping).
7.1.2. Unless otherwise stated, the copyright and other intellectual property rights in and to the Website and any material posted on it (including, without limitation, photographs and graphical images) are owned by imanager srl or of parties from which imanager has obtained the relevant license. The works mentioned above are protected at the global level according to the laws and treaties in the field of copyright and all rights are reserved. For the purposes of this web Site, it is forbidden any use of extracts from this web Site in ways different from what is provided by the present par. 7.1.
7.1.3. It is not allowed to modify the digital copies or paper copies of any printed material in accordance with paragraph 7.1, or use any drawing, photo or other graphic image, video sequence, or audio separately from the text that accompanies it.
7.1.4. It is necessary to make sure that imanager is always acknowledged as the author of the material on the Site.
7.1.5. It is not permitted to use material on the Website or the Website itself for commercial purposes without having obtained from imanager a license to do so.
7.1.6. Restrictions on use:Except as provided in paragraph 7.1, this Website can not be used and no part of it may be reproduced or stored in any other website, or can be inserted into any system or service, public or private, for the electronic retrieval of information without our prior written permission.
7.1.7. Reservation of Rights:All rights not expressly granted in this web Site are reserved.
8. ACCESS TO the SERVICE
8.1. Site Availability:Although imanager is working to ensure that access to the Site will normally be made twenty-four hours on twenty-four (24h/24), imanager does not assume any obligation to do so and is not liable to the user in the case where the Site, at any time or for periods of any duration is not available.
8.2. Suspension of access:The access to this Site may be suspended temporarily at any time, without prior notice.
8.3. Security:Unfortunately, the transmission of information via the internet is not completely secure. Although imanager to adopt the measures prescribed by law for the protection of the information entered, it is not able to guarantee the security of data transmitted to the Website; transmission is therefore made at the user's risk.
9. The MATERIAL OF the VISITORS AND REVIEWS
9.1. General Provisions:
9.1.1. Any material other than personally identifiable information, which are governed by the following policy imanager in the field of Privacy, which may be transmitted to or posted (post) or upload (upload) by the user on this Site (including, but not limited to, any Reviews) is considered to be non-confidential and free of holder (hereinafter the “Material of the Visitors”). With the publication, uploading or transmitting Material to Visitors, the user declares and guarantees to be the holder of, or otherwise control all of the rights to the said Material of the Visitors. The user accepts and agrees that imanager does not have any obligation in relation to the Material of the Visitors and that the same imanager, or any other person by any authority, is free to copy, communicate, distribute, incorporate or use in any other way the Material of the Visitors as well as any data, image, sound, text and whatever else may be incorporated into, for any purpose, whether commercial or non-commercial.
9.1.2. The user declares and guarantees that the Material of the Visitors that you publish (post), loads on the Site (upload) or otherwise transmit to the Site does not violate and will not violate in the future any of the limitations provided in sections 9.2 and 9.3.
9.2. The Policy relative to the Material of the Visitors:it is forbidden to publish (post), load (upload) or transmit to, or from, the Site Material for Visitors (including Reviews):
9.2.1. is in violation of any applicable laws (local, national or international;
9.2.2. it is unlawful or misleading;
9.2.3. amounts to unauthorized advertising; or
9.2.4. contains software viruses or any other malicious program.
9.3. Policy related to Reviews of the Visitors:In particular, by way of example and not limitation, it is prohibited to enter on the Website Reviews that:
9.3.1. contain material that is defamatory, obscene, or offensive;
9.3.2. promote violence or discrimination;
9.3.3. violate the rights of intellectual property of any third party;
9.3.4. are in breach of any legal obligation vis-à-vis third parties (such as, for example, an obligation of confidence);
9.3.5. promote illegal activity or invade the privacy of any third party;
9.3.6. give the impression of coming from imanager; or
9.3.7. be used to impersonate others or misrepresent the reality with regard to a relationship of close family (maternity/paternity) with another person.
9.4. Removal of Reviews:The list of prohibited acts referred to in paragraphs 9.2 and 9.3 is only illustrative and is not exhaustive. imanager reserves the right (but assume no obligation, if not to the extent it is necessary for the law) proceed on the basis of absolutely discretionary for the removal or correction at any time of any Review or other Material of the Visitors published (post), loaded (upload) or transmitted to the Site that imanager deems to violate any of the prohibitions referred to in paragraphs 9.2 or 9.3, is otherwise objectionable or may expose imanager or any other third party to harm or liability of any type or for any other reason.
9.5. The use of Reviews:The Reviews and the Material of the Visitors to the content in this Website is for informational purposes only, and does not represent a tip from imanager . The Reviews and the Material of the Visitors reflect the opinions of the customers who have ordered via the Website or other third parties and any statements, advice or opinion provided by such persons, it pertains exclusively to them. Accordingly, to the maximum extent permitted by law, imanager does not assume any responsibility nor obligation to compensate any person in relation to any Review or other Material to Visitors, including, but not limited to, in relation to any mistakes, defamation, obscenity, omissions or misrepresentation that may be encountered in such content.
9.6. Liability:The user agrees to indemnify imanager for any loss, damage or claim (and all costs relating thereto) incurred by the same imanager or asserted against him / her by a Restaurant or other third party and resulting from or in connection with, any Review or other Material to Visitors provided by the user in breach of the representations, warranties, commitments or restrictions referred to in this article 9.
9.7. Communications to the administrative or judicial authorities: imanagerprovides full cooperation to any competent authority requesting or directing us to disclose the identity or location of anyone who publishes, or send Reviews or Material in breach of paragraphs 9.2 and 9.3.
10. LINKS TO AND FROM OTHER WEBSITES,
10.1. third party Websites:Any links to sites of third parties that appear on the Website are provided solely for visitors ' convenience. The use of such links involves the abandonment of the Site. imanager has not reviewed all of these third party sites and has no control over them or their content or the accessibility (and not responding). imanager does not endorse nor makes any guarantee or warranty in relation to the above sites, the material they present or the results arising from the use of the same. Anyone who decides to visit a site of third parties and / or the link on the Website does so solely at your own risk.
10.2. Permission to insert links:you can include a link to the home page (homepage) of this Site, provided that:
10.2.1. you do it with a way that is fair and legitimate that they do not harm the reputation of imanager or derive from it advantage;
10.2.2. not be included links to sites which you do not own or you must do so in ways that suggest a form of association with, or endorsement by, imanager, which in reality does not exist;
10.2.3. the web site where there is a possible link must comply with the content standards set out in the present Regulation of the Site (in particular article 9, “the Material of the Visitors and Reviews”);
10.2.4. imanager has the right to revoke the permission to affix the link at any time.
11.1. the Information provided on the Website:Although imanager efforts to ensure that the information provided on the Site is correct, it does not promise that this information is accurate or complete. imanager can make any modifications to the material on the Site or to the services and prices described in it, at any time and without prior notice, communicating these changes to users in the same mode with which it had been communicated to the services and prices. The material on this Site may not be up-to-date, and imanager does not undertake any obligation to update it.
11.2. Exclusion clauses: imanager provides the user with access to the Site and the Service on the assumption that, to the maximum extent permitted by law, remains excluded any warranty, representation, condition, undertaking, and every other clause in relation to the Site and Service (including any representation, warranty, condition, undertaking and other provision which may otherwise apply to the Site or the Service, or that is otherwise made applicable or is included in the present Rules of the Site by virtue of a law, regulation, or otherwise).
12.1. general Provisions:Nothing in this Website shall exclude or limit the liability of the imanager in the case of death or personal injury resulting from negligence of imanager , nor the responsibility of the imanager in the case of willful misconduct or gross negligence, nor any other liability which cannot be excluded or limited under applicable law. Nothing in the present Rules of the Site affect any statutory rights that the law grants to users the users of the Site such as, but not limited to, the rights granted to consumers pursuant to the Consumer Code.
12.2. Exclusion of liability:except as provided in paragraph 12.1 imanager is not liable to users under any circumstances, either under contract or in tort (including for negligence), nor for violation of the obligations imposed by law or any other title, even if it is a circumstance foreseeable, arising out of or in connection with, the Service or the Site (including the use, inability to use or the effects of the use of the Service or the Site) in relation to:
12.2.1. any loss of profits, sales, business or revenue;
12.2.2. loss or destruction of data, information or software;
12.2.3. loss of business opportunity;
12.2.4. loss of anticipated savings;
12.2.5. loss of goodwill; or
12.2.6. any indirect or consequential loss.
12.3. Limitation of liability:Without prejudice to the provisions of article 11, paragraph 12.1 and paragraph 12.2, the total liability of imanager vis-à-vis users in respect of any other loss arising from or in connection with, the Service or the Site, whether under contract, tort, for breach of the obligations provided by law or under any other title shall not exceed the lower sum between the double of the value of the Order and an amount equal to 100 euro.
12.4. Additional costs:The user responds wholly and exclusively for any additional costs or related that may incur during the use of the Site or as a result thereof, including, but not limited to, costs related to the servicing, repair, or adaptation of any devices, software or data owned by the user or which the user has the ownership or the possession for the lease or license or which are otherwise used by the user.
13.1.resolution Causes: imanager has the right to terminate, pursuant to art. 1456 of the Italian Civil Code, or suspend (in its sole discretion) the right of the user to make use of, the Site or the Service, immediately by notice in writing (including communication by e-mail), in the case where imanager deems, in its sole judgment discretion:
13.1.1. that the user has used the Website in breach of paragraph 7.1 (License);
13.1.2. that the user has posted on the Site or Reviews or other Material of the Visitors who violates the provisions of paragraphs 9.2 or 9.3 (the Material of the Visitors and Reviews);
13.1.3. that you have breached paragraph 10.2 (Links To and from Other Websites); or
13.1.4. the user has violated any other provision of the essential of the present Rules of the Site.
13.2. User's obligations in event of termination:upon termination or suspension, Customer must immediately destroy any extract of the Site that was possibly downloaded and / or printed.
14. WRITTEN COMMUNICATIONS
14.1. The current legislation requires that certain information and alerts, including those that imanager provides the user, must be communicated in writing. With the use of the Site or Ordering Products through the Site, the user accepts that communication with imanager will be mainly electronic. The user is contacted via e-mail or provide information by posting post notice on the Site. For contractual purposes, you agree to such electronic means of communication and you acknowledge that all contracts, notices, information and other communications that are provided electronically by imanager to comply with the legal requirement of written form. This clause does not affect the rights that the law provides in favour of the visitors users of the Website.
15. EVENTS NOT to be CONTROLLED BY imanager
15.1. imanager is not responsible for, and is not required to compensate, any non-performance or late performance of its contractual obligations foreseen by the present Rules of the Site that is caused by events outside of the reasonable control of imanager (“Events of Force Majeure”).
15.2. A Force Majeure Event includes any act, event, non occurrence, omission or accident beyond the reasonable control of imanager , and includes in particular (without limitation and not limited to) the following:
15.2.1. strikes, lock-outs or other actions in the context of relationships between employees and companies;
15.2.2. civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (even in the absence of an appropriate declaration), or the threat of war and preparations for war;
15.2.3. fires, explosions, storms, floods, earthquakes, subsidence of the land (subsidence), epidemic or other natural disaster;
15.2.4. impossibility of the use of the rail network, shipbuilding, aviation, road transport or other means of public or private transport;
15.2.5. impossibility of the use of the communication networks, public or private; and
15.2.6. laws, decrees, legislation, regulations, or strict discipline of any government.
15.3. The execution by the imanager of its own contractual obligations foreseen by the present Rules of the Site shall be deemed suspended for the duration of the Force Majeure Event and imanager uses an extension of the expected duration for the fulfillment equal to the duration of this period. imanager works with every reasonable effort to reach the end of the Event of Force Majeure or find a solution for which the contractual obligations of imanager can be performed despite the Force Majeure Event.
16. MISCELLANEOUS PROVISIONS AND ADDITIONAL
16.2. Severability of clauses:If one or more of the terms or conditions of the present Rules of the Site are declared to be invalid, illegal or unenforceable, in whole or for any part, such terms, conditions, or forecasts in general are to that extent separated from the remainder of the terms, conditions, or forecasts in general, all of which shall remain valid to the maximum extent permitted by law.
16.3. The uniqueness of the agreement:the present Rules of The Site and any other document that it explicitly referred to constitutes the entire agreement between imanager and the user and supersedes all previous discussions, correspondence, negotiations, previous agreement, understanding or agreement between the parties relating to the subject matter of the contract.
16.4. Waivers:any failure or delay in implementation (in whole or in part) of any of the provisions of this Regulation of the Site can not be construed as a waiver of either party to enforce its rights or remedies.
16.5. The assignment:The user may not assign any right or obligation provided for by the present Rules of the Site without the prior written consent of imanager . imanager can not assign any right or obligation provided for by the present Rules of the Site to a company, its subsidiary or other enterprise with which it is associated for carrying out the entrepreneurial activity, that it acquires or in which it is sold
16.7. Headings:The headings of the articles of the present Rules of the Site are provided solely for convenience and do not in any way affect their interpretation.
*** The user pursuant to and by effect of articles. 1341 and 1342 of the Italian civil Code approve specifically the following articles:Article 4.4 (Processing the Order and refusal of Orders); 5.5 (Good credit and discount); 5.6 (Orders rejected); 8.2 (Suspension of access); 11 (Exemption from Liability); 12.2 (Exclusion of liability); 12.3 (Limitation of liability); 17 (governing Law and Jurisdiction).