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TERMS AND CONDITIONS OF SALE

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CONTRACTUAL TERMS AND CONDITIONS FOR PRODUCT SALES

General Conditions

These general terms of Sale govern the sale of products promoted on www.flickonfood.com
All contracts of purchase made on the site www.flickonfood.com and the procedures indicated therin between the vendor and the Client will be governed by the following general conditions.
Products purchased on www.flickonfood.com are sold through the Flick on Food platform of DOTFARM S.r.ls., with registered office in Piazza del Rosario n. 2, P., Milano (MI), VAT registration number 08645540967.
and
All prices listed include VAT.
Information can be requested from FLICK ON FOOD through our customer assistance service:
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For any other legal information, refer to the sections: ‘Contractual Terms and Conditions,’ ‘Privacy information,’ Returns and refund policy’, and ‘Shipping policy.’

1. Our commercial policy

1.1

The vendor offers the sale of products on www.flickonfood.com and carries out electronic commercial activity for its final users, referred to as “Customers.”

1.2

“Customer” shall refer to any physical person who acts on www.flickonfood.com for purposes other than their own commercial, entrepreneurial or professional activity, as definded by Chapter I, Title 3 part 3 of Legislative decree 206/2005 and later modifications and additions, also known as the “Consumer Code.”

If you request a cancellation of a purchase you will not be considered a “customer” under Legislative decree 206/2005, and therefore the “Refund policy” will not be applicable, nor, in general the provisions cited in the aforementioned Consumer Code, which apply to a “customer”  

1.3

In consideration of their commercial policy, the Vendor reserves the right to not fulfill orders from parties other than the “customer” or orders that otherwise do not comply with their commercial policy.

1.4

Theses general conditions of sale exclusively govern the offer, submission and acceptance of purchase orders for products on www.flickonfood.com, between users of www.flickonfood.com and the Vendor.

1.5

The General Conditions of Sale do not govern the services rendered or the sale of products by parties other than the Vendor who are present on www.flickonfood.com by way of links, banners or other hypertextual links.

For services rendered by third parties other than the Vendor, (so-called “EXPERIENCES”) refer to the relevant section regarding “EXPERIENCES”.

2. Entering into a contract with Flick on Food

2.1

To enter into a contract of purchase for one or more products on www.flickonfood.com, an order form must be completed electronically and transmitted to the Vendor online according to the relevant instructions.

2.2

Before proceeding to the purchase of a product through the submission of the order form, you will be requested to carefully read the product information, the declaration regarding the privacy policy, and the general Terms and Conditions, and to remember or save a copy for your records.

2.3

On the order form, immediately before entering into the purchase contract, we will provide a summary of:

The essential features of each product ordered. This means a visual representation of the product on the site, usually in the form of a photographic image where available. Such an image, sometimes accompanied by decorative elements, cannot be a perfect representation of the product. Actual items may vary by color, size and combinations with other products. Always refer to the description of the product.

Prices, inclusive of all applicable taxes or levies, are expressed in Euros or the current currency in the country where the connection occurs;

And shipping costs, including any supplementary costs incurred by you for choosing a different and/or faster type of shipping or delivery than the standard, and including any additional costs for choosing payment on delivery.

The contract is entered into when the Vendor receives (electronically) your order form, and before verifying that the details of your order are correct.

2.4

The order form will be archived by our data bank for the period of time necessary for fulfilling the order, and in any case according to the law. You can access your order form by logging in to our portal. From time to time, Flick on Food will generate a User ID even if a purchase is made by an unregistered guest.

2.5

Before the order form is submitted, you will be advised that you will be bound to pay the price indicated. Before proceeding to the submission of the order form, you will also be asked to review and correct any errors in the information inserted.  

2.6

The languages in which the contract can be entered into with the Vendor are Italian or English.

2.7

Once the contract is entered into, Flick on Food assumes responsibility for your purchase order.

2.8

With the electronic submission of the order form, you accept unconditionally and agree to observe, in your relationship with the Vendor, these General Conditions of Sale.

If you do not agree to any of the terms included in the General Conditions of Sale, you are requested not to send the order form for the purchase of items on www.flickonfood.com.

2.9

Once the contract is entered into, Flick on Food or the Vendor will provide information about tracking your order.

2.10

The product you purchase is destined exclusively to the country you indicated in the delivery address. Therefore if you decide to send the product to another country, you are responsible for this, and you are required to follow the laws and restrictions applicable both for exportation from the country in which you acquired the item and for the country to which you intend to import it. Flick on Food renounces any responsibility from that point on.

2.11

You must be at least 18 years old to purchase alcoholic products. If you intend to bring an alcoholic product into a country other than Italy, you are held responsible and you are required to follow the laws and restrictions applicable both for the exportation from the country in which you acquired the item and for the country to which you intend to import it.

3. Guarantees

3.1

www.flickonfood.com offers exclusively high quality products for sale.

We recommend you carefully  consult the nutrition information and any allergens that products sold on www.flickonfood.com may contain, also taking into consideration your personal circumstances and health.

From now on, Producers will work to adequately label them, according to Italian and European law. The Producer and Flick on Food will not be held responsible for any lack of labelling thereof.

Flick on food aims to guarantee that the producers of items on its portal provide all the nutritional information on the product in such a way that you can access said information in a practical way and can confirm that they comply with your health status, nutritional needs and religious beliefs.

4. Payments

4.1

You can choose one of the methods indicated on the order form to pay for products and the relevant shipping and delivery fees. In no case shall you be debited for costs higher than those incurred by the Vendor in relation to the selected payment method.

Regarding your chosen payment instruments, Flick on Food uses STRIPE technology (stripe.com), which accepts the most common credit cards, or those adhering to Visa/VISA electron, MasterCard or American Express circuits. The site does not memorize your credit card number as the payment occurs directly through the STRIPE portal. In any payments after the first, you can choose the option that allows you to proceed with a purchase without entering your details again, including credit card information, thanks to TOKEN technology used by STRIPE with absolute security. STRIPE uses a dedicated protocol to encrypt data transmitted between its server and your browser.

4.2

If you have a VAT number, you can request an invoice by following the designated procedure.

5. Shipping policy and delivery of products

5.1

To find out the specific shipping and delivery methods of products, refer to the information about each individual item purchased. Or if specifics are not supplied, refer to the section Shipping Information on our site;

We ask that you pay close attention to the information in this section because the instructions form an integral part of the present General Conditions of Sale, and you declare know and accept the terms at the moment of submitting an order form.

5.2

All home delivery services will be made to the address indicated on the order form. It is very important to insert the correct information.

5.3

For deliveries arranged directly with the producer, Dotfarm S.r.l.s will not be held responsible for delays, damages during delivery, or items that do not conform to an order correctly transmitted to the producer. For those made through Dotfarm S.r.l.s, the relevant regulations in the ‘Delivery Information ‘ section will apply.

6. Returns and refund policy

6.1

You have the right to terminate the contract with the Vendor, with no penalty, within fourteen (14) days from the date you receive the products purchased on www.flickonfood.com as long as the integrity of the product is still intact.

Flick on food works with producers that aim to deliver products with an expiration date at least 5 days before said expiration date.

These rights apply to whole and complete products. If the product is composed of multiple parts or components, it will not be possible to refund only a part of the product purchased.

6.2

Once a contract has been terminated, you must return any items without an expiration date directly to the producer, getting it to a courier for shipping within fourteen (14) days of when you communicated your decision to terminate the contract with the Vendor. You are responsible for any shipping costs incurred for the return.

6.3

In case of a lost item or damage during shipping, if due to negligence on your part or that of the delivery method or courier you chose, you will be held responsible as you terminated the contract.

6.4

The Return and refund policy – in addition to the terms and procedures described in the previous points, it will be considered correctly terminated when the following conditions are also met:

  • products must not have been used or damaged;
  • Any identifying tags and labels must still be attached to products with a single-use seal, which constitutes an integral part of the item;
  • products received must be given to a courier within ten (10) days from when it was communicated with the Vendor the decision to terminate the contract;

6.5

If the termination of a contract is carried out according to the methods and terms indicated above, the Vendor will reimburse any funds already received for the purchase of the product according to the methods and established terms, but retains the right to suspend the refund of the total amount until the returned item has been received.

The Vendor, unless you expressly request otherwise, will process the refund using the same method of payment you used for the purchase.

6.6

If a product is delivered spoiled or after its expiration date, the Vendor will reimburse the funds already charged for the product according to the method and terms, or if you so choose, will provide you with the same product in the correct state of conservation. In this case, the producer will be responsible for shipping costs.

6.7

Funds will be refunded (or merchandise replaced) only when the original merchandise is returned and checked.

6.8

If the methods and terms to exercise your right to terminate a contract were not fulfilled, you will not have the right to a refund of funds already received by the Vendor.

Within five (5) days of sending the email that informs you of the rejected return, you can choose to re-obtain, at your expense, the product in the state in which it was returned, by communicating with the Vendor through email or by telephone. If not, the Vendor may retain the product in addition to any sums already paid for the purchase.

6.9

The right to a refund does not apply (under article 59 of Legislative decree 21/2014)  if the products you chose are at risk of quick deterioration or expiration such as :

food products including wine, alcohol and beverages;

cosmetics;

products that have been opened after delivery or that are sealed but cannot be returned for reasons of hygiene or protection of health.

In these cases the products purchased will be returned and you will be charged for the costs of shipping.

Products purchased which can be returned and where the refund policy is applicable are those that can be put back up for sale without endangering the health of customers, such as books, gadgets, kitchen utensils, etc.

6.10

In all cases, if you change your mind you can cancel your order within 24 hours of placing it, with no additional costs and a full reimbursement of funds already paid through the STRIPE platform, with the timings and methods governed by this payment system.

7. Refund timing and methods

7.1

After the return of items, the Vendor will carry out the necessary checks to ensure the relevant terms and conditions have been satisfied.

When this is verified, the Vendor agrees to send you, via email, a confirmation of acceptance for the items returned.

7.2

The refund will be processed by the Vendor only once it has verified that the unsatisfied customer has correctly exercised their right to a refund.

7.3

The Vendor will issue refunds using the same method of payment used for the original purchase of the items, using the STRIPE platform. Where there is a discrepancy between the destination of the product listed in the order form and the person who submitted the payment when exercising the right to a refund, the Vendor will issue the refund to the person who made the payment.

7.4

The value date at the time of crediting your account will be the same as when it was debited; therefore you will not be subject to any losses due to bank interest.

8. Privacy information

8.1

You can obtain information on how we use your personal data by referring to our privacy policy. For any other information about our privacy policy, contact the following email address: hello@flickonfood.com

9. Applicable laws and dispute resolution

9.1

The general Conditions of Sale are governed by Italian law and in particular the legislative decree of 6 September 2005 n. 206, in the Consumer Code 1st chapter, “The rights of consumers in contracts” with specific reference to the legislation regarding long distance contracts and the legislative decree of 9 April 2003 n. 70 concerning electronic commerce.

10. Modifications and updates

10.1

The General Conditions of Sale are modified from time to time also for changes to the law. The new General Conditions of Sale will be in effect from the date of publishing on www.flickonfood.com.

11. Legal guarantees

11.1

Products sold by Dotfarm S.r.l.s. re covered by legal guarantees for 24 months for apparent defects according to articles 129, 130 and 132 of legislative decree n. 206/2005 (Consumer Code).

Pursuant to legal guarantees, Dot Farm S.r.l.s. is responsible to the Customer (a physical person who acts outside of a business, industrial, commercial, artisan or professional scope) for any apparent defect at the moment of delivery of the product, as governed by article 130 of legislative decree n. 206/2005 and within 24 months from the date of purchase.

11.2

The conditions in the present title do not apply to food products, which instead are governed by the European Food Safety Authority Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28.01.2002.

11.3

Apparent defects exist when the product is not suitable for its intended purpose, does not match the description or does not possess the qualities and/or features promised by the Vendor and standard for the product in question, or the specific qualities and features requested by the customer when the agreement was made between the parties.

11.4

The complain regarding the apparent defect (art. 132, 1st par), which applies within the period of validity of the legal guarantee, (24 months), at penalty of forfeit, must be made within 2 months of when it was discovered (art. 132, 2nd par). In the case of apparent defect, the customer has the right to ask the Vendor, at their discretion and at no cost, to repair or substitute the goods, unless the request is objectively impossible or excessively onerous. (art. 130, par 3 and 4).

11.5

In accordance with the 3rd paragraph of art. 132, a defect that manifests within 6 months of purchase is presumed pre-existing and the customer has the right to a restoration, at no cost, through repair or substitution (art. 130).

For assistance the customer must retain the receipt or delivery note that they receive with the goods purchased.

12.Errors or limitations of responsibility

12.1

Information about the products provided on the site are constantly updated. However it is not possible to guarantee a complete absence of errors for which DotFarm S.r.l.s cannot be held responsible except in cases of fraud or gross negligence.

DotFarm S.r.l.s. reserves the right to correct errors, inaccuracies or omissions even after an order had been sent, or to modify or update information at any time without advance notice, and without affecting your rights according to the present General Conditions and the Consumer Code.

Excluding fraud or gross misconduct, every right to reimbursement of damages or recognition of a refund is excluded, as well as any contractual or extra-contractual responsibility for direct or indirect damages to people or things, caused by a lack of acceptance or evasion, even partial, of an order.

DotFarm S.r.l.s. promotes responsible alcohol consumption and will not be held responsible, except in cases of fraud or gross misconduct, for purchases made by minors under 16 years. By purchasing any alcoholic product you declare that you are of legal age according to art 7 of legislative decree 158/2012. DotFarm S.r.l.s. assumes no responsibility for minors under 18 years old who declared to be a different age.

13. Online Dispute Resolution (ODR)

If you are a European customer, you should be aware that the European Commission has made an alternative tool for dispute resolution available to all European residents.

You can access all the necessary information at: http://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage

14. Court of jurisdiction, applicable laws and conflict resolution

The present contract is considered to have been made in Italy. Italian law is applicable to the present contract.

For the resolution of disputes regarding the interpretation, execution or resolution of the present General Conditions or single purchase orders: if you are a customer according to the Consumer Code, the court for your comune of residence will have exclusive responsibility if located in Italy. In all other cases, the jurisdiction fall to the court of Milan.

15. Contractual changes

Flick On Food (and DotFarm S.r.l.s.) reserves the right to add specific conditions related to the unique features and seasonality of certain products.

Flick On Food (and DotFarm S.r.l.s.) reserve the right to modify the following contractual conditions based on needs that may arise, which are examples and non exhaustive, in contracts with individual Suppliers as well as in the case of changes to the law that may necessitate updates or revisions.

Pursuant to article 1341 c.c., you declare that you have read and accept the terms of the General Conditions regarding responsibility for late deliveries and the ability to correct errors, exclusion from responsibility and contractual modifications.

CONTRACTUAL TERMS AND CONDITIONS FOR THE “EXPERIENCE” SERVICE

Through its website www.flickonfood.com Flick on Food offers the opportunity to book services such as guided tours, tastings and  different types of experiences. Only by visiting and accepting unconditionally the present terms and conditions in advance as part of the process of completing a booking will you be able to use the services offered. If you do not accept the general conditions, it will not be possible to complete the booking. When you make a booking you should save and/or print a copy of these general conditions for your reference.

1. Definitions

The following definitions have the same meaning whether singular or plural.

‘Attractions’ or ‘Experiences’ or ‘Services’ intends tickets for shows, tourist attractions, guided tours, tasting packages, etc.

‘Guest’ refers to a customer that books and/or purchases one or more Services offered on the site.

‘General Conditions’ refers to the present General conditions for booking and accessing services for travel and entertainment offered on the Site, which can be modified from time to time, for reasons including changes to the law that may have an effect.

‘Special conditions’ refers to conditions added by the Supplier with whom the Customer enters into a separate contract.

‘Provider’ refers to any provider of Services/Attractions/Experiences.

2. Specific Terms for guests

2.1

Terms applicable to all bookings

2.1.1

As long as all the requirements listed by the Provider (e.g. in a boat experience, the Provider will require the essential ability to swim by all participants), you can book an advertisement available on the Flick on food platform by following the booking procedure. All applicable costs, including Guest fees and any other applicable fees (collectively the “total costs”) will be shown before you book an experience.

You agree to pay the Total Cost for the requested booking.

2.1.2

Once you are notified of a booking confirmation from Flick on Food, you enter into a binding contract with the Provider of the Service. This includes any additional terms and conditions applicable to the Guest, such as the cancellation policy and any rules or restrictions specified in the advertisement. Flick on Food will collect the total Costs at the moment of booking or following confirmation from the Experience Provider in accordance with the payment terms.

2.1.3

If you book a Service from a Provider on behalf of other guests, you are responsible for guaranteeing that each additional guest satisfies the requirements established by the Service provider and is aware of and accepts the present Terms, all the terms and conditions, the rules and restrictions established by the Service Provider. If you make a booking for a minor, you declare and guarantee to be legally authorized to act on behalf of the minor. Minors can take part in an Experience, Event or other Service from the Provider only if accompanied by an adult who is responsible for them.

2.2

Accommodation bookings

2.2.1

You recognize and understand that a booking confirmed by an accommodation (“Accommodation booking”) constitutes a limited license that is granted by the Provider to enter, occupy and use the accommodation.

2.2.2

As a Guest, you agree to leave the accommodation no later than the check-out time specified in the advertisement from the Experience Provider, or another time agreed between you and the Provider. The Guest agrees to pay, if requested by the Provider, for every period of twenty four (24) hours (or any fraction thereof) that they stay beyond the checkout time, at a supplementary cost up to two (2) times more than the original advertised price originally paid by the user, in addition to all the Guest fees and applicable taxes (collectively called the “Costs of stay beyond the time limit”).

2.3

Booking Experiences, Events and other Services with a Service Provider

2.3.1

You must carefully read the description of every Experience, Event or other Service from a Service Provider that you intend to book to ensure that you (and any additional guest for whom you are booking) satisfy all the requirements of minimum age, ability, physical suitability or other special requirements specified by the Provider. You must inform the Provider of any medical or physical condition or other circumstance that could influence your ability and that of any other guests to safely take part in any Experience, Event or Service provided. In addition, certain legal requirements may apply, such as a minimum age for alcohol consumption where the Experience, Event or Service takes place. You are responsible for identifying, understanding and respecting all the laws, rules and regulations that apply to your participation in an Experience, Event or other Service from a Provider.

2.3.2

Before and during an Experience, Event or other Service with a Provider, you must always follow the instructions given by the Provider.

2.3.3

You may not bring other individuals to an Experience, Event or Service unless that individual was added as an additional guest during the booking process on the Flick on Food site.

3. Changes, cancellations and reimbursements for bookings

3.1

Experience Providers and Guests are responsible for all the modifications of a booking that they make with the Flick on Food platform (“Changes to bookings”) and agree to pay any additions to the Advertised Price, Provider costs and Guest fees and/or taxes associated with the change to the booking.

3.2

Guests can cancel a confirmed booking at any time according to the cancellation policy advertised, as laid out by the Experience Provider.

3.3

If an Experience provider cancels a confirmed booking, the Guest will receive a full refund of all the Total Costs of the booking, and Flick on Food may post an automatic notice on the relevant advertisement to show that the booking has been canceled. In addition, Flick on Food may make the calendar for the Experience unavailable or blocked for the dates of the canceled bookings.

3.4

In case adverse weather creates unsafe circumstances or discomfort for Guests of an Experience, Event or other Service, the Provider can change or cancel a Service listed in the advertisement. If a significant change is made to an itinerary or a Service must be canceled, Flick on Food will collaborate with the Provider to provide Guests an alternative date for the Service in question, or an adequate refund or change in booking, or, if you choose, a discount code for a future purchase of equal value on the Flick on Food portal.

3.5

Your booking will be confirmed within 24 hours of sending the “payment form.” If, in that 24 hour period, the maximum number of bookings for the experience has been reached for that date, you will be given a full refund using the same payment method and terms of the STRIPE portal used on the platform.

4. Payments

4.1

Regarding the method of payment you choose, Flick on Food uses STRIPE technology (stripe.com), which accepts the most common credit cards, or those using Visa/VISA electron, MasterCard or American Express circuits. The site does not memorize your credit card number as the payment occurs directly through the STRIPE portal. In any payments after the first, you can choose the option that allows you to proceed with a purchase without entering your details again, including credit card information, thanks to TOKEN technology used by STRIPE with absolute security. STRIPE uses a dedicated protocol to encrypt data transmitted between its server and your browser.

4.2

If you have a VAT number, you can request an invoice by following the designated procedure.

5. Reviews

5.1

Within a certain amount of time after completing a booking, Guests can write a public review (“Reviews”). All reviews reflect the opinions of individual members and do not reflect the views of Flick on Food. Reviews are not verified by Flick on Food and may be incorrect or misleading. Flick on Food declines any responsibility in this regard.  

5.2

Guest reviews must be correct, truthful and based on facts and must not contain offensive or defamatory language. Reviews must conform to the regulations in effect and must not be in any way extortionary, illegal or create unfair competition.

5.3

It is prohibited for members of the Flick on Food community to manipulate the system of sending reviews in any way, for example by instructing third parties to write a positive or negative review.

6. Feedback

We encourage and appreciate user feedback, comments and suggestions to improve the Flick on Food platform (“Feedback”). Feedback can be sent by email or through the “Contact” form on the Flick on Food platform, or with any other means of communication. Any feedback sent by a user will be considered non-confidential and proprietary. By sending feedback, the user grants Flick on Food a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use and publish such content throughout the world for any purpose, and without compensation for the user.

7. Changes to the present terms

Flick on Food reserves the right to make changes to the present terms at any time to conform to new legislation introduced. If changes are made to the terms, we will publish the updated terms on the Flick on Food platform.

8. Court of jurisdiction, applicable laws and conflict resolution

The present contract is considered to have been made in Italy. Italian law is applicable to the present contract.

For the resolution of disputes regarding the interpretation, execution or resolution of the present General Conditions or single purchase orders: if you are a customer according to the Consumer Code, the court for your comune of residence will have exclusive responsibility if located in Italy. In all other cases, the jurisdiction falls to the court of Milan.

8. Contractual changes

Flick On Food (and DotFarm S.r.l.s.) reserves the right to add specific conditions related to the unique features and seasonality of certain products.

Flick On Food (and DotFarm S.r.l.s.) reserve the right to modify the following contractual conditions based on needs that may arise, which are examples and non exhaustive, in contracts with individual Suppliers as well as in the case of changes to the law that may necessitate updates or revisions.

Pursuant to article 1341 c.c., you declare that you have read and accept the terms of the General Conditions regarding responsibility for late deliveries and the ability to correct errors, exclusion from responsibility and contractual modifications.

 

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