Terms & Conditions

These Terms govern:

the use of this Web Site nicoteramediterraneanfood.com and
any other Agreement or legal relationship with the Holder
in a binding manner. Capitalized expressions are defined in the relevant section of this document.

The User is requested to read this document carefully.

The party responsible for the site:  nicoteramediterraneanfood.com

Holder’s email address: info@nicoteramediterraneanfood.com

About this Web Site
nicoteramediterraneanfood.com online shipping service for Italian products with shipping throughout Europe, free shipping over 80€. Calabrian products are at your doorstep, wherever you are.
“This Web Site” refers to

The following documents are integrated into the Terms by reference:

Need to know at a glance
Please note that certain provisions of these Terms may only apply to certain categories of Users. In particular, certain provisions may apply only to Consumers or only to Users not acting as Consumers. Such limitations are always explicitly mentioned in each clause concerned. If not mentioned, the clauses shall apply to all Users.
The right of withdrawal only applies to European consumers.
The use of this Web Site and the Service is restricted to Users of legal age under applicable law.
CONDITIONS OF USE
Unless otherwise specified, the conditions of use of this Website set out in this section apply generally. Further conditions of use or access applicable in particular situations are expressly stated in this document.

By using this Web Site, the User declares that he/she meets the following requirements:

No restrictions are referring to Users concerning whether they are Consumers or Professional Users;
The User is of legal age under the applicable law;
Registration
To use the Service, the User may open an account by providing all the required data and information completely and truthfully.

It is also possible to use the Service without registering or creating an account. In this case, however, certain functions may not be available.

It is the responsibility of Users to keep their access credentials secure and to preserve their confidentiality. To this end, Users must choose a password that corresponds to the highest level of security available on this Website.

By creating an account the User agrees to be fully responsible for any activity carried out with his/her access credentials.

Users are obliged to inform the Controller immediately and unequivocally via the contact details indicated in this document if they believe that their personal information, such as their User account, access credentials, or personal data, has been hacked, unlawfully disclosed, or stolen.

Registration requirements
The registration of a User account on this Website is subject to the conditions specified below. By registering an account, the User confirms that he/she meets these conditions.

The opening of accounts by bots or other automated means is not permitted.
Unless otherwise specified, each User may only create one account.
Account closure
The User is free to close his/her account and cease using the Service at any time by following this procedure:

By contacting the Controller at the contact details in this document.
Account suspension and deletion
The Owner reserves the right to suspend or delete a User’s account at any time at its discretion and without prior notice if it considers it inappropriate, offensive, or contrary to these Terms.

Suspension or deletion of the account does not give the User any right to compensation, refund, or indemnity.

Suspension or deletion of an account for reasons attributable to the User shall not exempt the User from payment of any fees or prices that may be applicable.

Content on this Web Site
Unless otherwise stated or recognizable, all content available on this Website is owned or provided by the Owner or its licensors.

The Owner takes the utmost care to ensure that the content available on this Website does not violate applicable law or the rights of third parties. However, it is not always possible to achieve this result.

In such cases, without prejudice to any legally enforceable rights and claims, Users are requested to address their complaints to the contact details specified in this document.

Rights to the contents of this Web Site
The Owner holds and expressly reserves all intellectual property rights to the aforementioned content. Users are not authorized to use the contents in any way that is not necessary or implicit in the proper use of the Service.

In particular, but without exclusions, Users are prohibited from copying, downloading, sharing beyond the limits specified below, modifying, translating, processing, publishing, transmitting, selling, sub-licensing, transforming, transferring/licensing to third parties or creating derivative works from the content available on this Website, from allowing third parties to engage in such activities through their User account or device, even without their knowledge.

Where expressly stated on this Web Site, the User is authorized to download, copy and/or share certain content available on this Web Site solely for personal and non-commercial purposes and provided that the attribution of authorship of the work as well as the indication of any other relevant circumstances required by the Owner is observed.

The limitations and exclusions under copyright law remain unaffected.

Content provided by Users
The Owner allows Users to upload, share or offer their content on this Website.

By providing content to this Website, the User declares that he/she is legally authorized to do so and confirms that said content does not violate any laws and/or the rights of third parties.

The additional requirements that content must meet to be considered ‘acceptable’ are specified in the relevant section of this website where the permitted use is specified.

Rights to content provided by Users
The User acknowledges and accepts that by providing content of their own to this Web Site they grant the Owner the non-exclusive right to process the content free of charge for operation and maintenance of this Web Site, as contractually provided.

To the extent permitted by law, the User waives the exercise of moral rights about the content provided on this Website.

Users acknowledge and accept that the contents offered by them through this Web Site shall be made available under the same conditions applicable to the contents of this Web Site.

Responsibility for the content provided
The User is solely responsible for the content uploaded, published, shared, or otherwise provided to this Website. The User acknowledges and accepts that the Owner does not filter or moderate such content.

Nevertheless, the Owner reserves the right to remove, delete, block, or rectify said content at its discretion and to deny the User who uploaded it access to this Website without prior notice:

whether it has received a complaint about that content;
if it has received a notice of infringement of intellectual property rights;
by order of the Authority; or
where it has been brought to the attention of the Controller that such content, if accessible via this Website, may pose a risk to Users, third parties, or the availability of the Service.
The removal, deletion, blocking, or rectification of content does not justify any claim for compensation, reimbursement, or indemnity on the part of the Users who have provided such content.

Users agree to indemnify the Owner from and against any claims made and/or damages suffered as a result of content they provide to or offer through this Website.

Access to external resources
Through this Website, Users may have access to resources provided by third parties. Users acknowledge and accept that the Owner has no control over such resources and is therefore not responsible for their content and availability.

The conditions applicable to resources provided by third parties, including those applicable to any concessions of rights to content, are determined by the third parties themselves and governed by the relevant terms and conditions or, in their absence, by law.

Permitted use
This Web Site and the Service may only be used for the purposes for which they are offered, by these Terms and applicable law.

It is your sole responsibility to ensure that your use of this Website and/or the Service does not violate any laws, regulations, or the rights of third parties.

Therefore, the Data Controller reserves the right to take all appropriate measures to protect its legitimate interests, and in particular, to deny the User access to this Website or the Service, terminate contracts, denounce any censurable activity carried out through this Website or the Service to the competent authorities – e.g. the judicial or administrative authorities – whenever the User carries out or is suspected of carrying out such activity:

violations of the law, regulations, and/or the Terms;
infringement of the rights of third parties;
acts that may considerably prejudice the legitimate interests of the Controller;
offenses against the Holder or a third party.
Software license
Any intellectual or industrial property right, as well as any other exclusive right existing on the software or technology integrated into or related to this Website, is held by the Owner and/or its licensor.

Subject to the User’s compliance with these Terms and notwithstanding any provision to the contrary contained herein, the Owner hereby grants the Users a revocable, non-exclusive, non-transferable, and non-sublicensable license to use the software and/or technology embedded in the Service within the framework and for this Website and the Service offered.

The license does not include any right to access, use or disclose the source code to the User. The techniques, algorithms, and procedures contained in the software and its documentation are the exclusive property of the Holder or its licensor.

The granting of rights and licenses to the User shall cease with immediate effect in the event of termination or expiry of the Agreement.

API Terms of Use
Users can access their data on this Website through the Application Program Interface (API). Any use of the API, including through third-party products or services that access this Web Site, is subject to the Terms and in addition to the following specific conditions:

The User expressly acknowledges and agrees that the Owner is not liable for any damage or loss resulting from the User’s use of the API or third-party products or services that access data via the API.
TERMS AND CONDITIONS OF SALE
Paid-for products
Some of the Products offered on this Web Site as part of the service are chargeable.

The rates, duration, and conditions applicable to the sale of such Products are described below and in the respective sections of this Web Site.

Product Description
Prices, descriptions, and availability of Products are specified in the respective sections of this Web Site and are subject to change without notice.

Although the Products on this Web Site are presented as accurately as technically possible, the representation on this Web Site by any means (including, as the case may be, graphics, images, colors, and sounds) is intended as a mere reference and does not imply any warranty as to the characteristics of the Product purchased.

The characteristics of the selected Product will be specified during the purchase procedure.

Purchase procedure
Each step, from the choice of the product to the placing of the order, is part of the purchasing process. The purchasing procedure comprises the following steps:

Users are requested to choose the desired Product and verify their purchase choice.
After checking the information visible in the purchase choice, users can place their order by placing it.
Sending the order
Sending the order entails the following:

The sending of the order by the user determines the conclusion of the contract and creates an obligation on the part of the user to pay the price, taxes, and any further charges and expenses as specified on the order page.

If the purchased Product requires an active contribution from the User, such as the provision of information or personal data, specifications, or special requests, the placing of the order also constitutes an obligation on the User to cooperate accordingly.
Once the order has been placed, Users will be sent a confirmation of receipt of the order.
All notifications relating to the purchase procedure described above will be sent to the e-mail address provided by the User for this purpose.

Prices
During the purchase process and before placing the order, Users are duly informed of all commissions, taxes, and costs (including any shipping costs) that will be charged to them.

Prices on this Web Site:

include all applicable fees, taxes, and costs.
Promotions and discounts
The Holder may offer special discounts or promotions for the purchase of Products. Such promotions or discounts are always subject to the requirements and terms and conditions set out in the relevant section of this Website.

Promotions and offers are always granted at the sole discretion of the Holder.

Repeated or periodic promotions or discounts do not constitute any claim or right that can be asserted by Users in the future.

As the case may be, discounts and promotions are valid for a certain period or while stocks last. Unless otherwise specified, time limitations of promotions and discounts are understood to refer to the time zone of the Holder’s location, as indicated in the contact details in this document.

Vouchers and coupons
Promotions and discounts may be offered in the form of Vouchers.

In the event of a breach of the terms and conditions applicable to the Vouchers, the Holder may legitimately refuse to perform its contractual obligations and expressly reserves the right to take action in the appropriate courts to protect its rights and interests.

Any additional or divergent provisions applicable to the use of the Vouchers set out on the relevant information page or on the Voucher itself shall prevail in all cases, irrespective of the provisions below. Unless otherwise stated, the following rules apply to the use of Vouchers:

Each Voucher is only valid if used in the manner and within the period specified on the website and/or on the Voucher;
The voucher can only be redeemed in full at the time of purchase – partial use is not permitted;
Unless otherwise specified, single-use Vouchers may only be redeemed once per purchase and may therefore also be redeemed once in the case of installment purchases;
Vouchers are not cumulative;
The Voucher must be used within the specified period of validity. Once the period has expired, the voucher will be automatically canceled. Any possibility of asserting claims, including for reimbursement of the value of the voucher, is excluded;
The User is not entitled to any credit/refund/compensation if there is a difference between the value of the Voucher and the redeemed value;
The Voucher is intended exclusively for non-commercial use. The reproduction, counterfeiting, and commercialization of the Voucher are strictly forbidden, as is any illicit activity associated with the purchase and/or use of the Voucher.
Means of payment
Details of the accepted means of payment are highlighted during the purchase process. Some means of payment are subject to further conditions or involve additional costs. Detailed information can be found in the relevant section of this Website.

All payments are handled independently by third-party services. Therefore, this Website does not collect payment data – such as credit card numbers – but receives a notification once the payment is successful.

If the payment made by one of the available means fails or is refused by the payment service provider, the Holder is not obliged to execute the order. Any costs or fees resulting from the failed or rejected payment shall be borne by the User.

Reservation of title
Until receipt of payment of the full purchase price by the Holder, the User does not acquire ownership of the Products ordered.

Reservation of Rights of Use
Until receipt of payment of the full purchase price by the Holder, the User does not acquire the rights to use the Products ordered.

Delivery
Deliveries are made to the address indicated by the User and in the manner indicated in the order summary.

Upon delivery, Users must check the contents of the package and promptly report any anomalies to the contact details given herein or as described in the delivery note. Users may refuse to accept the package if it is visibly damaged.

Delivery can take place in the following countries or territories: Austria, Belgium, France*, Germany, Italy, Liechtenstein, Luxembourg, Netherlands, Portugal, Spain**, **United Kingdom (UK), Ireland,

Bulgaria, Croatia, Denmark, Estonia, Finland, Greece*, Latvia, Lithuania, Poland, Czech Republic, Romania, Slovakia, Sweden, Hungary.

Delivery times are indicated on this Web Site or during the purchase procedure.

Provision of services
The purchased service will be performed or made available within the timeframe indicated on this Web Site or in the manner communicated before placing the order.

User Rights
Right of withdrawal
Unless an exception applies, the User may enjoy the right to withdraw from the contract within the period specified below (normally 14 days) for any reason and without justification. The User can find further information on the right of withdrawal in this section.

Who enjoys the right of withdrawal?
Unless one of the exceptions listed below applies, Users acting as European Consumers have by law the right to withdraw from contracts concluded online (distance contracts) within the period specified below for any reason and without the need for justification.

Users who do not meet these requirements do not enjoy the rights described in this section.

Exercise of the right of withdrawal
To exercise the right of withdrawal, the User must send the Controller an unequivocal notice of his intention to withdraw from the contract.

For this purpose, the User may use the standard withdrawal form available in the definitions section of this document. However, the User can express his intention to withdraw from the contract in any other suitable form. To comply with the period within which the right must be exercised, the User must send the withdrawal declaration before the end of the withdrawal period.

When does the withdrawal period expire?

In the case of the purchase of goods, the withdrawal period expires after 14 days from the day on which the User or a third party – other than the courier – takes possession of the goods.
In the case of the purchase of several goods ordered together but delivered separately, or in the case of the purchase of a single good consisting of several lots or pieces delivered separately, the withdrawal period shall expire after 14 days from the day on which the User or a third party – appointed by the User and other than the carrier – takes possession of the last of the goods, lots or pieces.
Effects of withdrawal
The Holder shall reimburse all payments received including, if any, those relating to delivery costs to Users who have correctly exercised their right of withdrawal.

However, the higher cost resulting from the choice of a particular delivery method other than the cheapest standard delivery offered by the Controller shall be borne by the User.

The refund shall be made without undue delay and in any event within 14 days from the day on which the Holder was informed of the User’s decision to withdraw from the contract. Unless otherwise agreed with the User, the refund is made using the same means of payment as was used for the initial transaction. The User shall not incur any costs as a consequence of the withdrawal.

… on contracts for the purchase of tangible goods

Unless the Holder has offered to collect the goods, the User shall return them to the Holder or to another person authorized by the Holder to receive them without undue delay and in any event within 14 days of the day on which he communicated his intention to withdraw from the contract.

The deadline is met if the delivery of the goods to the courier or other authorized person takes place before the expiry of the 14 days described above. The refund may be withheld until receipt of the goods or until the User has provided proof of return.

The User shall be liable for any diminution in the value of the goods resulting from the use of the goods other than what is necessary to establish their nature, characteristics, and functioning.

The return shipping costs shall be borne by the User.

Legal Warranty of Product Conformity
According to European legislation, the seller guarantees the conformity of the goods sold for a minimum period of 2 years after delivery. Therefore, the seller is obliged to ensure that the goods purchased have the quality, functionality, or characteristics promised or reasonably foreseeable for at least two years from the time of delivery to the buyer.

Where Users act as European Consumers, the legal guarantee of conformity of goods applies to items available on this Web Site by the laws of the country in which they normally reside.

The national laws of that country may grant such Users broader rights.

Consumers who are not acting as European Consumers may have conformity guarantee rights under the law of the country in which they normally reside.

Limitation of liability
To the fullest extent permitted by applicable law, in no event shall the Controller and its subordinates, affiliates, officers, agents, co-brand owners, partners, suppliers, and employees be held liable for

any indirect, intentional, collateral, special, consequential, or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses, arising out of or relating to the use of or inability to use the Service; and
any damage, loss, or injury resulting from hacking, tampering, or other unauthorized access to or use of the Service or User account or information contained therein;
any errors, omissions, or inaccuracies in the contents;
personal injury or material damage of any kind resulting from the User’s access to or use of the Service;
any unauthorized access to the Controller’s secure servers and/or any personal information stored therein
any interruption or cessation of transmissions to or from the Service;
any bugs, viruses, trojans, or the like that may be transmitted to or via the Service;
any errors or omissions in any content or for any loss or damage suffered as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Service; and/or
the defamatory, offensive, or illegal conduct of any User or third party. In no event shall the Owner and its subordinates, affiliates, officers, agents, brand co-owners, partners, suppliers, and employees be liable for any claim, proceeding, liability, obligation, damage, loss, or cost in an amount greater than the amount paid by the User to the Owner during the preceding 12 months, or for the term of this Agreement between the Owner and the User, whichever is shorter.
This limitation of liability section shall apply to the fullest extent permitted by law in the applicable jurisdiction, regardless of whether the alleged liability arises in contract, tort, negligence, strict liability, or any other basis, even if the Owner has been advised of the possibility of such damage occurring. Some jurisdictions do not allow the exclusion or limitation of collateral and consequential damages, so the above limitations or exclusions may not apply to you. These Terms give You specific legal rights, and You may have other rights that vary from jurisdiction to jurisdiction. The disclaimers, exclusions, or limitations of liability in these Terms do not apply beyond the limits provided by applicable law.

Manleva
The User undertakes to defend, indemnify and hold harmless the Controller and its subordinates, affiliates, officers, agents, co-brand owners, partners, suppliers, and employees from and against any claims or demands, damages, obligations, losses, liabilities, burdens or debts and expenses, including, without limitation, legal fees and expenses arising from

the use of or access to the Service by the User, including any data or content transmitted or received by the User;
breach of these Terms by the User, including but not limited to any breach by the User of any representation or warranty in these Terms;
infringement by the User of any rights of third parties, including, but not limited to, any rights relating to privacy or intellectual property;
violation by the User of any applicable law, rule, or regulation
any content sent from the User’s account, including, but not limited to, misleading, false, or inaccurate information, and also including where access is gained by a third party using the User’s username and password or other security measures if any;
the wilful misconduct of the User; or
violation of any legal provision by the User or its affiliates, officers, agents, co-brand owners, partners, suppliers, and employees, to the extent permitted by applicable law
Common Provisions
No implied waiver
The Holder’s failure to exercise any statutory rights or claims under these Terms shall not constitute a waiver thereof. No waiver shall be deemed final in respect of any specific right or any other right.

Service Interruption
To guarantee the best possible level of service, the Owner reserves the right to interrupt the Service for maintenance, system updates, or any other change, giving appropriate notice to Users.

Within the limits of the law, the Data Controller reserves the right to suspend or terminate the Service completely. In the event of termination of the Service, the Owner shall ensure that Users can retrieve their Data and information by the provisions of the law.

Furthermore, the Service may not be available due to causes beyond the Owner’s reasonable control, such as force majeure (e.g. strikes, infrastructural malfunctions, blackouts, etc.).

Resale Service
Users are not authorized to reproduce, duplicate, copy, sell, resell, or exploit this Web Site or the Service in whole or in part without the prior written consent of the Owner, expressed either directly or through a legitimate reseller program.

Privacy policy
Information on the processing of Personal Data is contained in the privacy policy of this Website.

Intellectual Property
Without prejudice to any more specific provisions contained in the Terms, the intellectual and industrial property rights, such as copyrights, trademarks, patents, and designs relating to this Website are held exclusively by the Owner or its licensors and are protected under applicable international intellectual property laws and treaties.

All trademarks – whether denominative or figurative – and any other distinctive sign, company, service mark, illustration, image, or logo appearing in connection with this Website are and remain the exclusive property of the Owner or its licensors and are protected under applicable intellectual property laws and international treaties.

Changes to the Terms
The Owner reserves the right to amend the Terms at any time. In this case, the Owner shall give appropriate notice of the changes to the Users.

The changes will only affect the relationship with the User in the future.

Your continued use of the Service constitutes your acceptance of the updated Terms. If You do not wish to accept the changes, You must cease using the Service. Failure to accept the updated Terms may result in either party’s right to terminate the Agreement.

The previous applicable version continues to govern the relationship until acceptance by the User. This version can be requested from the Holder.

If required by applicable law, the Controller shall specify the date by which the changes to the Terms shall take effect.

Assignment of contract
The Holder reserves the right to transfer, assign, dispose of, novate, or contract out individual or all rights and obligations under these Terms, having regard to the legitimate interests of the Users.

The provisions relating to the amendment of these Terms shall apply.

The User is not authorized to assign or transfer its rights and obligations under the Terms without the written consent of the Holder.

Contact
All communications relating to the use of this Web Site should be sent to the addresses indicated in this document.

Safeguard Clause
Should any of the provisions of these Terms be or become invalid or ineffective under applicable law, the invalidity or ineffectiveness of such provision shall not cause the remaining provisions, which shall therefore remain valid and effective.

European user
Should any provision of these Terms be or become void, invalid, or ineffective, the parties shall endeavor to find amicably a valid and effective provision to replace the void, invalid, or ineffective provision.

In the event of failure to agree within the aforementioned terms, if permitted or provided for by applicable law, the void, invalid or ineffective provision shall be replaced by the applicable legal provision.

Notwithstanding the foregoing, the nullity, invalidity, or ineffectiveness of a specific provision of these Terms does not entail the nullity of the entire Agreement, unless the null, invalid, or ineffective provision under the Agreement is essential or of such importance that the parties would not have agreed had they known that the provision would be invalid, or in cases where the remaining provisions would impose an unreasonable and unacceptable burden on one of the parties.

Applicable law
The Terms are governed by the law of the place where the Holder is established, as set out in the relevant section of this document regardless of conflict of law rules.

Exception for European Consumers
However, notwithstanding the foregoing, if the User acts as a European Consumer and has his habitual residence in a country whose law provides for a higher level of consumer protection, that higher level of protection shall prevail.

Place of jurisdiction
Exclusive jurisdiction to hear any dispute arising out of or in connection with the Terms shall lie with the courts of the place where the Holder is established, as set out in the relevant section of this document. Exception for European Consumers

The foregoing does not apply to Users acting as European Consumers or Consumers located in Switzerland, Norway, or Iceland.

Dispute Resolution
Amicable settlement of disputes
Users may report any disputes to the Controller, who will endeavor to resolve them amicably.

Without prejudice to the Users’ right to take legal action, in the event of a dispute concerning the use of this Web Site or the Service, Users are kindly requested to contact the Controller at the contact details indicated in this document.

The User may address a complaint to the Controller’s email address indicated in this document, including a brief description and, if applicable, details of the order, purchase, or account concerned. The Controller shall process the request without undue delay and within 2 days of its receipt.

Consumer Dispute Resolution Platform
The European Commission has introduced an online platform for alternative dispute resolution that facilitates out-of-court settlement of disputes relating to and arising from online sales and service contracts.

Therefore, any European consumer may use this platform to settle any dispute arising from contracts concluded online

 

Last update: 31 January 2023