Terms and Conditions of Orteat

These Terms govern

· the use of Orteat, and,

· any other related Agreement or legal relationship with the Owner

in a legally binding way. Capitalized words are defined in the relevant dedicated section of this document.

The User must read this document carefully.

Orteat srl
Corso Monforte 36

Milan, Italy
VAT Number: 10527750961

Owner contact email: info@orteat.com

Information about Orteat

Orteat is an online service for the sale of fruit, vegetable and food.

Introduction

This document

This document is a legal agreement between you, the User, and the entity providing Orteat. It governs your use of the online properties and, in any case, for the use of the services provided. “Legal agreement” means that the terms of this agreement are binding on the relationship between you and us once you have accepted the terms. For simplicity, “User”, “you”, “your” and similar terms, either in singular or plural form, refer to you, the User. “We”, “our”, “us” and similar terms refer to the corporation that owns and manages Orteat as outlined in the present document. “Orteat” refers to the current website and/or application. “Agreement” refers to this document, as amended from time to time. The Agreement is concluded in the English language. Other defined terms are set forth in the section named “Definitions” at the bottom of the Agreement.

Acceptance of this Agreement

In order to use Orteat, you must read this Agreement carefully and agree to accept the same by clicking the button for its acceptance. If you don’t accept this Agreement you cannot use the Service.

Registration, content on Orteat and prohibited use of Orteat

Registration

In order to use the Service or any part of it, Users can register in a truthful and complete manner by providing all the required data in the relevant registration form. The Users must also accept the Privacy Policy and these Terms and Conditions in full. Users are responsible for keeping their login credentials confidential.

It is understood that the Owner shall not be held responsible under any circumstances in case of loss, disclosure, theft or unauthorized use by third parties, for whatever reason, of the User's access credential.

Deleting User accounts and account termination

Registered Users can cancel their accounts and stop using the Service at any time by directly contacting the Owner. The Owner, in case of breach of the Terms by the User, reserves the right to suspend or terminate the User's account at any time and without notice.

The Owner reserves the right to suspend or terminate the User's account at any time and without notice if it believes that:

· User has violated this Agreement; and/or

· User's access or use of the Service may result in injury to the Owner, other Users or third parties; and/or

· the use of Orteat by the User may result in violation of law or regulations; and/or

· in case of an investigation by legal action or governmental involvement; and/or

· the account is deemed to be, at the Owner’s sole discretion, for whatever reason,

· inappropriate or offensive or in violation of this Agreement.

Content available on Orteat

The content available on Orteat is protected by the laws in force on intellectual property rights and by related international treaties. Unless otherwise stated, use of any content is permitted exclusively within the limits set forth in the present clause.
The Owner grants the User, for the entire duration of the Agreement, a personal, non-assignable and non-exclusive license for the use of such content. Such license is solely intended for personal use of any such content and never for its commercial use and is limited to the User's device.
Therefore, User may not copy and/or download and/or share (beyond the limits set forth below), modify, publish, transmit, sell, sublicense, edit, transfer/assign to third parties or create derivative works from the content, even of third parties, available on Orteat, nor allow any third party to do so through the User or its device, even without User's knowledge. Where explicitly stated on Orteat, the User may be authorized, only for personal use, to download and/or copy and/or share some content available through Orteat, for its sole personal use and provided that the copyright attributions and all the other attributions requested by the Owner are correctly implemented.

Content provided by third parties

The Owner does not moderate the content or links provided by third parties before their publication on Orteat. The Owner is not responsible for the content provided by third parties or for its availability.

Content provided by the User

Users are responsible for their own content and that of third parties that they share through Orteat, that they upload and post on or through Orteat, or that they transfer by any other means. Users confirm that they have all the necessary consents from third parties whose data and/or content they share with the Owner and hereby indemnify the Owner for any liability or claim arising against the Owner in connection with illegal distribution of third-party content or unlawful use of the Service.
The Owner does not moderate the content provided by Users or by third parties but will act if complaints are received from Users or if orders are issued by the public authorities regarding content deemed offensive or illegal.

In particular, the Owner may decide to suspend or interrupt the visualisation of content in the event that:

· other Users file complaints;

· a notice of infringement of intellectual property rights is received;

· it is decided to do so in view of, or as a result of, legal actions;

· said action is solicited by a public authority; or

· if it is believed that the content, while being accessible via Orteat, may put at risk the Users, third parties, the availability of the Service and/or the Owner.

Rights over content provided by Users

The only rights granted to the Owner in relation to content provided by Users are those necessary to operate and maintain Orteat.

Unless stated otherwise, the following applies:
By submitting, posting or displaying content on or through Orteat, the User grants a license to the Owner without territorial limits, non-exclusive, royalty-free and with the right to sublicense, to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute such content in any media or via distribution methods currently available or developed later.

Services provided by third parties

Users may use third-party services or content included in Orteat, but they must be aware of these third parties' terms and conditions and have given consent to them. Under no circumstances will the Owner be deemed liable in relation to the proper functionality or availability, or both, of third-party services.

Forbidden use

The Service shall be used only in accordance with these Terms.
Users may not:

· reverse engineer, decompile, disassemble, modify or create derivative works based on Orteat or any portion of it;

· circumvent any technology used by Orteat or its licensors to protect content accessible via it;

· copy, store, edit, change, prepare any derivative work of or alter in any way any of the content provided through Orteat;

· use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve, scrape, or index any portion of Orteat or its content;

· rent, lease or sublicense Orteat;

· defame, abuse, harass, use threatening practices, threaten or violate the legal rights of others in any other way (such as rights of privacy and publicity);

· disseminate or publish content that is unlawful, obscene, illegitimate, defamatory or inappropriate;

· misappropriate any account in use by another User;

· register or use the Service in order to approach the Users to promote, sell or advertise products or services of any kind through Orteat in any way;

· use Orteat in any other improper manner that violates the Terms.

Terms and conditions of sale

Purchase

Paid services

Orteat provides for additional services or subscriptions available upon payment of a fee.
The fees, duration and conditions for the accounts and paid services are highlighted in the relevant section of Orteat.

Purchasing process

Each order sent constitutes an offer to purchase the products. Orders are subject to availability and to the Owner’s discretionary acceptance.
Users must select the products and complete the check-out, after having attentively verified the information in the order summary. The order is placed by the confirmation of the same, and is subject to payment of the price, taxes and shipping and further payment fees indicated in the order summary.

The Order Processing Receipt does not constitute acceptance of the order. The order shall be confirmed at the time the Order Confirmation is sent by the Owner to the email address provided by the User. The Owner reserves the right to invalidate an order by informing the User within 5 business days of placing the order, using the email address associated with their purchase, about the unavailability of one or more of the purchased products. In this case, the Owner will refund the price and the delivery costs incurred by the User.

Methods of payment

Orteat uses third-party tools for its payment processing and is not connected with any of the provided payment information – such as the credit card – in any way.

Any declined payment costs shall be borne by the User.

Authorization for future PayPal payments

When paying via a PayPal account, during the purchase, Orteat will store an identification code assigned to the customer's PayPal account, therefore authorizing Orteat to an exclusive use linked to future purchases.

This authorization can be revoked at any time, either through the interface of Orteat or directly by contacting the Owner.

Delivery

Delivery

Deliveries are made during normal business hours at the address indicated by the User and in the manner specified in the order summary.
Upon delivery, the User must verify the contents specifying any anomalies in the delivery form.
In case of failure to collect the products by the deadline set by the carrier, the products will be returned to the Owner, who won’t refund the purchase price but not the shipping cost. The Owner cannot be held responsible for errors in delivery due to inaccuracies or incompleteness in the completion of the purchase order by the User, for any damage occurring to products after delivery to the carrier company where arranged by the User or for delays in delivery attributable to it.

The delivery date stated at the moment you make the order is indicative and will depend on whether the third party seller (producer) is able to prepare the orders on time. As orders contain food products, it is highly probable that natural factors may modify this delivery date. The delivery date cannot be considered a contractual commitment. For the purpose of these Conditions, “delivery” or “delivered” shall be deemed to have occurred when you or a third party nominated by you acquires physical possession of the products, which will be endorsed by the signing of the receipt confirmation at the agreed shipping address.

Once the third party seller (famers) has prepared all orders, shipping times may also vary due to factors beyond our control (e.g. rain, mist, wind or any other weather conditions and non-weather conditions which can delay the courier) which can lead to relevant delays in shipment and which will not constitute justification for penalization or for holding Orteat civilly liable on contractual and non-contractual grounds.

If you sign the delivery receipt without stating its nonconformity in the Proof of Delivery, we will not accept claims with regards to manifest defects.

If you receive a delivery without manifest defects, but products turn out to be unsuitable for consumption, that is with hidden defects, you will have to report this incident as soon as possible (and always in less than 14 days following the delivery) to Orteat via the following email address: info@orteat.com attaching photographs of the products and explaining your claim in detail.

Retention of title

Until the complete payment of the price of the products ordered, the products remain the property of the Owner.

Availability of products

Prices, descriptions or availability of the products on display are subject to change without notice. The photos posted are for representation purposes only and may not be an exact representation of the product. The Owner will do its best to present the characteristics of the products with the greatest level of detail permitted by Orteat in each tab corresponding to the product viewed by the User. However, images and colors of products offered for sale on Orteat may differ from the real ones due to many factors, including, by way of example, User's device monitor, photographic filters, etc. Therefore, the User acknowledges and agrees that any such minor differences do not constitute a lack of conformity of products.

Order Completion

The Order is completed in accordance with the details specified on the order summary page and within the Order Confirmation email, subject to availability of the product ordered. The Owner shall not be liable for damages suffered as a result of delays in delivery which are not dependent on circumstances foreseen by the parties at the time of the order confirmation.

Right of withdrawal and guarantee

Right of withdrawal

In the case of orders which include perishable products, you cannot request a withdrawal from the purchasing contract nor any refund for the amount paid.

In the case of an order with non-perishable products, you are entitled to fourteen (14) calendar days after receipt of the order to request withdrawal from the purchasing contract and the reimbursement of the amount paid for the products which have not been consumed.

To exercise your right of withdrawal, you must notify Orteat of your decision to withdraw from the contract through a clear statement (e.g. a letter sent by postal mail or an email):

• Email address for notifications purposes: info@orteat.com

To meet the withdrawal deadline, it is sufficient for you to let us know about your decision to withdraw from your order, before the withdrawal period expires.

Until the selling party receives the product, we cannot assume its ownership. We reserve the right, at our sole discretion, to reimburse the purchase price without requesting its return. In such a case, the ownership of the reimbursed product will not be transferred to the selling party.

Effects of withdrawal

Users who correctly withdraw from a contract will be reimbursed by the Owner for all payments made to the Owner, including those covering the cost of delivery (except for the additional costs arising from a possible choice of a certain type of delivery other than the standard delivery method, which would have incurred lower delivery costs) without undue delay and in any event no later than 14 days from the day on which the Owner is informed of the User’s decision to withdraw from the present contract. Reimbursements will be made using the same means of payment as used by the User for the initial transaction, unless the User has expressly agreed otherwise; in any event the User shall not incur any additional costs as a result of such reimbursement.

The reimbursement may be withheld until reception of the goods, or until the User has supplied evidence of having sent back the goods, whichever is the earliest. The User shall send back the goods and return them to the Owner without undue delay and in any event not later than 14 days from the day on which the User communicated his/her intention to withdraw from the contract. The deadline is met if the User sends back the goods before the 14 day period has expired. The User is solely liable for any diminished value of the goods resulting from the handling of the goods other than what is necessary to establish the nature, characteristics and functioning of the goods.

The costs of returning the goods are borne by the User.

Limitations on the right of withdrawal

Products returned damaged, or used beyond what is necessary to establish their nature, characteristics and inherent functions will be refunded after a deduction of the decrease in value resulting from such damage or use. No refunds will be given when the decrease in value equals the total value.
The User is asked to return the goods attaching a copy of the delivery slip received.

The right of withdrawal is excluded in all cases relating to:

· Goods made to specifications or clearly personalized;

· Goods which are liable to deteriorate or expire rapidly;

· Sealed goods which are not suitable to be returned for reasons of hygiene or the protection of health, if such goods were unsealed after delivery.

If one of the above exceptions is applicable to the goods purchased, the User may not exercise the right of withdrawal.

Applicability of the right of withdrawal

The clauses referring to the exercise of the right of withdrawal and its consequences and exceptions, shall apply exclusively to those Users who qualify as consumers, i.e. Users who are acting for purposes which can be regarded as outside their trade (or entrepreneurial activity) or profession.

Indemnification and limitation of liability

Indemnity

The User agrees to indemnify and hold the Owner and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners and employees, as the case may be, harmless from and against any claim or demand, including without limitation, reasonable lawyer's fees and costs, made by any third party due to or arising out of the User’s content, use of or connection to the Service, violation of these Terms, or violation of any third-party rights.

Limitations of liability

Orteat and all functions accessible through Orteat are made available to the Users under the terms and conditions of the Agreement, without any warranty, express or implied, that is not required by law. In particular, there is no guarantee of suitability of the services offered for the User's specific goals.
Orteat and functions accessible through Orteat are used by the Users at their own risk and under their own responsibility.
In particular, the Owner, within the limits of applicable law, is liable for contractual and non-contractual damages to Users or third parties only by way of intent or gross negligence, when these are immediate and direct consequences of the activity of Orteat. Therefore, the Owner shall not be liable for:

· any losses that are not a direct consequence of the breach of the Agreement by the Owner;

· any loss of business opportunities and any other loss, even indirect, that may be incurred by the User (such as, but not limited to, trading losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, etc.);

· damages or losses resulting from interruptions or malfunctions of Orteat due to acts of force majeure, or at least to unforeseen and unforeseeable events and, in any case, independent of the will and extraneous to the Owner's control, such as, by way of example but not limited to, failures or disruptions of telephone or electrical lines, the Internet and / or other means of transmission, unavailability of websites, strikes, natural disasters, viruses and cyber attacks, interruptions in the delivery of products, third-party services or applications; and

· incorrect or unsuitable use of Orteat by Users or third parties.

Miscellaneous

Service interruption

To guarantee the Users the best possible use of the Service, the Owner reserves the right to interrupt the service for maintenance or system updates, informing the Users through constant updates published on Orteat.

Service reselling

Users are not allowed to reproduce, duplicate, copy, sell, resell or exploit any portion of Orteat and of its Service without the Owner’s express prior written permission, granted either directly or through a proper reselling program.

The Owner may tolerate reselling performed on a limited one-to-one basis; any form of mass reselling is expressly excluded.

Privacy policy

For information about the use of their personal data, Users must refer to the privacy policy of Orteat which is hereby considered to be part of these Terms.

Intellectual property rights

All trademarks, nominal or figurative, and all other marks, trade names, service marks, word marks, illustrations, images, or logos that appear concerning Orteat are, and remain, the exclusive property of the Owner or its licensors and are protected by the laws in force on trademarks and by related international treaties.

All trademarks and all other marks, trade names, service marks, word marks, trademarks, illustrations, images, logos regarding third parties and content posted by such third parties on Orteat are and remain the exclusive property of such third parties and their licensors, and are protected by applicable trademark laws and relevant international treaties. The Owner does not own the aforementioned intellectual property rights and may use them only within the limits and in accordance with the contracts concluded with such third parties and for the purposes outlined herein.

Age eligibility

Users declare to be adult according to their applicable legislation. Under no circumstance may persons under the age of 13 use Orteat.

Conditions for receipt of deliveries

Users who make a purchase through Orteat, moreover, declare the person who will receive the delivery of the purchased products to be also adult according to the applicable legislation.

Changes to these Terms

The Owner reserves the right to modify these Terms at any time, informing Users by publishing a notice within Orteat.

Users who continue to use Orteat after the publication of the changes accept the new Terms in their entirety.

Assignment of contract

The Owner reserves the right to transfer, assign, dispose of by novation or subcontract all or any rights or obligations under these Terms, as long as the User's rights under the Terms are not affected.

Users may not assign or transfer their rights or obligations under these Terms in any way without the written permission of the Owner.

Contacts

All communications relating to Orteat must be sent using the contacts stated in this document.

Severability

If any provision of these Terms is invalid or unenforceable, that clause will be removed and the remaining provisions shall not be affected and they will remain in force.

Governing law and jurisdiction

These Terms and any dispute concerning the implementation, interpretation and validity of this agreement are subject to the law, the jurisdiction of the state and to the exclusive jurisdiction of the courts where the Owner has their registered offices.
An exception to this rule applies in cases, where the law provides a sole place of jurisdiction for consumers.

Dispute resolution

Online dispute resolution for consumers

The consumer resident in Europe must be aware that the European Commission has established an online platform for alternative dispute resolutions that provides for an out-of-court method to solve any dispute related to and stemming from online sale and service contracts. As a consequence, if you are a European consumer, you can use such platform for resolving any dispute stemming from the online contract entered into with the Owner. The platform is available at the following link.
The Owner is available for any questions via the email address posted under the Owner's information in this document.

Definitions and legal references

Latest update: January, 21 2022