General Terms and Conditions for the Customer

1. Introduction

The present terms (“Agreement”) are intended as an agreement with the company FOOD RACERS S.R.L., headquartered in Carbonera (TV), via G.Bortolan n.44, fiscal code, tax ID and registration number 04743500268 at the Registro Imprese di Treviso, owner of the website www.foodracers.com (“Website”) via which the company plans to ease interactions between businesses and potential Customers, without, however, assuming any responsibilty on the part of the the contractual relationship between those pledged parties. Specifically, the website allows each registered user (Customer) to purchase products offered by businesses affiliated with Foodracers, and to purchase the transport service of said products to their home or other address of choice. FOOD RACERS S.R.L. does not assume in any case the role of the buyer, producer, seller, or carrier of the goods and services that are exchanged with site users.

2. Purpose of Agreement

By registering with www.foodracers.com, the user subscribes to the pledged Agreement according to the present General Terms and Conditions that determine the procedure and conditions of purchase on the part of the registered user, of products produced, distributed, cooked, guaranteed, and packaged by restaurants, delis, commercial businesses, and other suppliers affiliated with FOOD RACERS S.R.L., via order and payment carried out on the website www.foodracerscom, as well as the user’s purchase of home delivery of acquired goods to a predetermined address.

3. Registration

By registering on the website, the Customer declares to be at least 18 years of age and agrees to provide and carefully store his/her access credentials, making use of them legitimately and preventing unauthorized users or minors without supervision from using said credentials to access the website and place orders. The registered Customer agrees to use the website for the non-professional purpose of purchasing and requesting delivery of products for sale on the website from affiliated businesses. In the case that use of the website does not conform to the agreed-upon conditions by the part of the Customer, FOOD RACERS S.R.L. reserves the right to suspend or permanently disable the Customer’s account, reserving it for further possible action in the face of judicial authority.

4. Procedure of Purchase of Goods

The user, having registered via specific registration form hosted on the Website, will receive the access credentials necessary for placing orders and completing product purchases. The registered user, by accessing the order menus present on the site and made available by each affiliated commercial business, can place an order and forward it to the Website: each order of goods implies request of transport and delivery of the purchased products to the address indicated on the order. The sent order implies the duty on the part of the Customer to pay the amount owed in case of acceptance. Moreover, by sending the order, the Customer declares to be completely and fully aware of the purchase conditions. Once the Website receives the order, the Customer will be sent an email (to the email address indicated by the Customer during registration) merely confirming that the order has been received, containing a summary of the Customer’s order and an indication of the cost of transport. Such initial communication does not constitute acceptance of the order and does not determine the conclusion of the purchasing contract; the Customer will have to immediately verify that the order is correct, noting possible errors and/or notifications on the Website (email, telephone, or fax). After 5 minutes from the receipt of order confirmation without any particular notification of error on the part of the Customer, the said order shall be considered confirmed. The Website reserves the right to accept or refuse orders received and confirmed according to its own unquestionable judgement, without giving the Customer a right to refund in case of refusal. The Website also reserves the right to communicate to the Customer the potential unavailability of a product and/or the erroneous indication of the price of said product. In such cases, the Website will send a communication to the Customer containing the necessary changes for the order, offering the Customer the possibility to not confirm the modified order and to instead place a new order. If the modified order is not canceled within 5 minutes of receiving notice, the order shall be considered confirmed by the Customer. The receipt of the order will be sent via a second email (to the email address indicated by the Customer during registration) and will contain: the order number, detailed description of the goods to be delivered, name of the producer/vendor and place from which the goods must be picked up for delivery, time at which the merchandise will be available, address to which the goods must be delivered and time period by which the goods should arrive, name of Customer that placed the order, price of transport and name of delivery carrier. The receipt of the confirmed order then signifies the conclusion of the contract and the Customer is thus irrevocably required to pay the price of products ordered and the price of transport.

5. Method of payment

Once the order has been accepted, the Customer will carry out payment of the owed amount for the purchased products via cash. The owed amount for transport shall be paid directly to the delivery carrier. The order shall not be undertaken until the payment of the owed amount for purchased products is received via the chosen payment method.

6. Method of delivery

The delivery of products will be carried out at the place indicated in the order to the street level, directly to the Customer or to his/her representative in possession of order confirmation and capable of presenting the order confirmation to the carrier. The Customer accepts that the delivery shall be carried out within the time period indicated on the order confirmation or at most within thirty minutes afterwards, without constituting a non-fulfillment of the contract. The Customer will pay the Carrier the amount owed for transport: in case of missing payment, the carrier will not deliver the goods, and the Customer will lose any payments already made for their purchase. The Customer will be able to legitimately refuse the delivery when said delivery is over 30 minutes late from the time indicated on the order confirmation and/or in cases in which goods are delivered in open or tampered-with packaging. In such cases, the Customer has the right to a reimbursement by the Carrier of the amount already paid for the delivered goods, except in the case of greater damages.

7. Information for the Customer

Via publication on the Website, each affiliated business with which the Customer may carry out an order on the Website will provide the Customer with the following information: (i) principle characteristics of the goods/products available for purchase, with descriptions and possible photographs (which, however, do not guarantee an exact correspondence to the dish ordered); (ii) identity of the commercial business that is offering the products/goods; (iii) address, phone number, and fax number of the business, available for customer use to communicate effectively with said commercial entity; (iv) address and phone number of the legal branch of the business, by which the Customer may forward possible complaints; (v) the price of each good, including possible taxes; (vi) possible additional costs connected to the use of the Website, which is the ordering system.

8. Responsibility

FOOD RACERS S.R.L., via its Website, exclusively offers to the Customer the Service of purchase and order transmission: it does not assume in any case the role of the buyer, seller, producer, or carrier of products acquired by the Customer via the Website, and maintains the role of a third party entity, unrelated to transactions carried out by the Customer with affiliated commercial businesses, as well as in reference to transportation agreements. In drawing up affiliation agreements with FOOD RACERS S.R.L., businesses declare to possess all lawful requirements and certifications necessary for executing their business activities. However, FOOD RACERS S.R.L. does not provide for independent checks of such credentials, just as it does not provide for independent verification with regard to the products used during the preparation of the goods bought and sold, the method of packaging and conservation, and does not respond for the quality of products, of their preparation, of their conservation, and of their delivery to the Customer. FOOD RACERS S.R.L. does not respond for the description of the products contained on the website in that it is supplied directly by the affiliated business that produces and/or sells said products. For clarifications with regards to the quality and conservation of products, and for any observation or explanation with regards to the products offered for sale on the Website, the Customer must contact the company that sells them, as is duly indicated on the website. The Customer is required to direct any type of complaint or claim in reference to the quality/quantity of the goods and their respective packaging, and any request for refund connected to supply of goods/products ordered from the Website, to the company that sells them, as is duly noted on the website per the aforementioned norm art. 6, and thereby excluding FOOD RACERS S.R.L. from any simultaneous responsibility.

9. Change and/or suspension of service to the Customer and change in terms of service

FOOD RACERS S.R.L. reserves the right to modify the content of the Website, to render it fully or partially unavailable temporarily, without any obligation to advise the Customer. The Customer accepts that FOOD RACERS S.R.L. may suspend the ordering service present on the website in full or in part, exempting them from any responsibility of any kind. FOOD RACERS S.R.L. reserves the right to modify the present terms of service without obligation of notice, and simply by means of publication of changes on the Website. The changes shall take effect from the moment of their publication on the Website and will be applicable to all orders sent from the moment of their publication on the Website. The Customer is required to verify the terms of service, printing and saving them, before sending any order.

10. Right to returns and refunds

In accordance with law D. Lgs. n. n. 206/2005 bearing Code of Consumption (Codice del Consumo), as was modified from the law D. Lgs n. 21/2014, the Customer (Consumer) is informed that, save for exceptions listed in art. 59 of the aforementioned Code and those which shall be named hereinafter, the consumer has a period of 14 days to withdraw from the contract without having to provide any explanation, provided that he/she bears the costs of return of goods/products, and of the decrease in value of the goods/products in compliance with art. 52 of the Code of Consumption. The Consumer can in such cases exercise the right to return goods via explicit declaration of the decision to return goods by the contract sent to FOOD RACERS S.R.L. (or via completion of a specific return form present on the Website). In case of timely and correct execution of the right to returns and refunds, the amount paid by the Customer shall be credited via wire transfer to the account owner via the indicated payment method. The refund will be effectuated as quickly as possible, and at most within 15 days from the date that FOOD RACERS S.R.L. receives notice of termination on the part of the Customer in the predetermined mode, and given the return of ordered goods in their original packaging is complete. The Customer acknowledges that, according to art. 59 of the Code of Consumption, the right to return and refund is waived with regards to a) the service contract after the service is fully completed, if the execution started with the express agreement of the consumer and the acceptance of the waiving of right to refund according to the full execution of the contract on the part of the business; b) changes in the price of supply of goods or services linked to fluctuations in the financial market, which the business is not able to control, and which may occur during the period of return; c) the supply of customized or clearly personalized goods; d) the supply of goods at risk of becoming damaged or going bad quickly; e) the supply of sealed goods that do not lend themselves to return for hygienic reasons, or in connection to the protection of health and well-being, were goods opened after delivery; f) the supply of goods that, after delivery, are mixed with and are clearly inseparable from other goods; g) the supply of alcoholic drinks, whose price shall be set at the moment of conclusion of sale, and whose delivery shall take place only after thirty days and whose value shall depend on fluctuations in the market that cannot be controlled by businesses; h) contracts in which the consumer has specifically requested a visit on the part of the business professional for the purpose of carrying out urgent repair or maintenance work. If, in case of such visits, the professional supplies additional services other than those specifically requested by the consumer, or goods different from the replacement parts necessary for carrying out the maintenance or repairs, the right to return and refund applies to such additional services or goods; i) the supply of sealed audio, video, or computer software that are opened during delivery; l) the supply of newspapers or magazines with exception of subscriptions for the supply of such publications; m) contracts settled in occasion of public auctions; n) the supply of housing for non-residential ends, the transport of goods, car-rental services, catering services or services with regard to free-time activities, in which case the contract requires a specific date or period of execution; o) the supply of digital content via non-material support if the execution started with express agreement by the consumer and with his/her acknowledgment of the fact that in such case he/she will have waived the right to return and refund.

11. Trademarks, brand, and rights to commercial and intellectual property

The present Agreement does not lend to the Customer any right to use the name FOOD RACERS S.R.L., the name of the website www.foodracers.com, the brand and business name as shown in each photo, image, text, and any other material related to FOOD RACERS S.R.L. as is protected by business and/or intellectual copyright, for business purposes and/or for promoting his/her own activity. The Customer recognizes that the trademark and brand FOOD RACERS S.R.L. constitute the object of exclusive commercial property and hence render the Customer incapable of doing anything that would jeopardize their validity; of not challenging their ownership, of not registering or trying to register the brand, name, and trademark of FOOD RACERS S.R.L. in Italian territory or elsewhere; of not registering or trying to register possible brands, names, or trademarks that could be confused or believed to be forgeries of FOOD RACERS S.R.L.

12. Interpretation

The titles assigned to each article were inserted in the scope of facilitating the reading of the present document, and do not hold any relevance in the aim of interpretation of the contract. In the case that any regulation of the present contract were to be judged by a Judicial Authority as null, void, ineffective, either in part or in full, all of the other regulations will remain in effect, unless the business relationship between the parties involved were seriously altered, in which case the said parties could withdraw from the contract, in any moment, via written communication. No delay, omission, tolerance in the exercising of any right or authority owed to one party as a consequence of any violation or non-fulfillment will compromise such rights or authorities. The parties also recognize that possible delays or omissions in making these rights valid and known cannot be interpreted as a ceasing or acquiescence in the face of violations or non-fulfillments already having occurred or which shall occur hereafter.

13. Privacy

The Customer expressly approves the use of his/her personal data by FOOD RACERS S.R.L. according to the information available on the Website.

14. Applicable law and governing jurisdiction

The present Agreement shall be governed by Italian law. For each controversy born of interpretation or execution of the present Agreement, the Tribunal Court of Treviso shall be exclusively in charge of handling the matter, expressly excluding any other possible competent court from stepping in.

APPROVAL CLAUSE SPECIFIC TO SINGULAR CLAUSES

The Customer declares to have read and approved, according to articles 1341 and 1342 c.c., the clauses contained in the articles indicated as follows, summarized in full here: 1. Introduction; 3. Registration; 4. Procedure of Purchase of Goods; 5. Method of Payment; 6. Method of Delivery; 8. Responsibility; 9. Change and/or suspension of service to the Customer and change in terms of service; 10. Right to Returns and Refunds; 11. Trademarks, brand, and rights to commercial and intellectual property; 14. Applicable Law and governing jurisdiction