GENERAL CONDITIONS OF APP’S USE AND GENERAL CONDITIONS OF SALE THROUGH THE APP

The following general terms and condition of sale and app’s use govern the offer and the sale of all products (the “Products”) by Italian Dairy Products, a company organized and existing under the laws of Hamriyah Free Zone Authority, Government of Sharjah, and having its address at Warehouse No. W1-09, W1-10 at the Hamriyah Free Zone, C/o P.O. Box 50932 (hereinafter referred to as the “Company”) through the app Italian Dairy Products (the “App”), owned and managed by the Company.

1) Consumers’ requirements and use of the App

1.1. All the consumers have access to the App. The purchase of the Products however is allowed only if the buyer/purchaser/consumer (hereinafter referred to as the “Consumer”) would like to purchase the Products for scopes other than his entrepreneurial, business, craft or professional activity.

1.2. In order to complete the purchase of the Products on the App the Consumer agrees to be bound by the following terms and conditions.

1.3. For the purpose of Products’ purchase, before the placement of the order as provided for hereinafter, the Consumer shall register himself providing the following information: i) address of delivery, ii) name and surname, iii) email address, iv) mobile number and v) a password (hereinafter referred as to “Personal Information”).

1.4. The Consumer guarantees that the Personal Information required for the Purchase through the App are true, accurate and complete and agree not to impersonate any other person or entity or use false name or a name they are not authorized to use. The Consumer is liable for the properly preservation and use of its Personal Information, including the login information that allows him to access reserved services and for any detrimental consequence or prejudice derived to him, to the Company or third parties due to improper use, loss, or stealing of said information.

1.5. The Company declines any liability for possible damages or losses arising out or in connection with the use of the App, included but not limited to the possible damages due to the impossibility to access the services offered on the App or possible damages caused by viruses, corrupted files, errors, omissions, service interruptions, deletions of contents, problems related to the network, providers or telephone and/or telecommunication connections, non-authorized accesses, data alterations, lack and/or faulty operation of the Consumer’s electronic devices.

1.6. The Consumer is responsible for the fees to connect to the App, including telephone and internet provider fees, according to the rates applied by the operator chosen by him.

1.7. The Company may, at its own discretion, limit, suspend or withdraw a Consumer’s access to the App and take any action deemed necessary towards Consumer creating problems in the use of the App as well in case of unlawful acts or omission in breach of these terms and conditions and in general in any case of possible legal liabilities of any kind. In such events, the Company shall be also entitled to request to the responsible Consumer the due compensation.

1.8. The Consumer using the App, who is under the age of 18, shall not register as a user of the App and shall not transact on or use the App or the website.

2) Copyright and trademarks

The Company and/or the other parties entitled are the exclusive owners of all the contents of the App, included but not limited to any trademarks, names, as well as any distinctive mark, company name, image, photograph, written text or graph published on the App or relative to the Products.

All the contents of the App are protected by copyright and any other intellectual property rights and laws and cannot be reproduced, whether in whole or in part, transferred with electronic or traditional means, modified or used, at any title, without the previous written approval of the Company.

The Company will take any actions deemed necessary in case of violation of its rights and shall be entitled to the due compensation by the responsible consumers.

3) Privacy

3.1. In order to submit and transmit the order and stipulate the sale and purchase contract for the acquisition by the Consumer of the Products, the Consumer shall provide the Company with the Personal Information.

3.2. The Consumer declares and guarantees that the Personal Information given to the Company during the registration and the purchase process are correct and truthful.

3.3. The Personal Information shall be used by the Company exclusively in order – and to the necessary extent – to perform its rights and obligations under these terms and conditions as well as in any case it may be required by the applicable law or any judicial, governmental or regulatory body.

3.4. All credit/debit cards details and personally identifiable information will NOT be stored, sold, shared, rented or leased to any third parties.

4) Third parties

In order to get the location of the Consumer and to confirm the order and the payment, the Company uses third party service providers and disclaims any responsibility for any damage resulting from the Consumer’s use of those. The Consumer hereby accepts the above waiver.

5) Products

5.1 The Company is HACCP certified and ensures the high quality and freshness of the Products. The Company also guarantees that they are manufactured and packaged in conformity with the laws, regulations and requirements applicable in the United Arab Emirates and in compliance with international safety and quality standards.

5.2. The Products are sold featuring the characteristics described on the App. The images available on the App are however for illustrative or viewing purpose only and shall be considered as purely indicative.

5.3. The Company will update the Products list on the App to show only those that are available. If any of the Products becomes unavailable, the Company will temporarily remove it from the App until it is again available.

5.4. The Company reserves the right to amend the general sales conditions at any time, at his discretion, without being liable to provide any notice to the Consumer. Any amendments will be effective on the date of publication on the App and will be applicable exclusively to the sales made since that date.

5.5. The general sales conditions applicable are those published on the App when the order is placed.

6) Frigor

6.1. In addiction to the Products, the Consumer may purchase a customized refrigerator for the Products (hereinafter referred as to “Frigor”) under the following condition.

6.2. The Consumer who wishes to acquire the property of the Frigor shall select on the section “Special Size” the relevant order option.

6.3. The option “Frigor” includes the following Products.

  1. Cow Products:
    – 2 Bocconcino 100 g;
    – 3 Ciliegine 250 g;
    – 2 Ricotta 250 g;
    – 2 Burrata 125 g;
    – 3 Burrata 250g.
  2. Buffalo Products:
    – 4 Bocconcino 125 g;
    – 2 Bocconcino 250 g;
    – 1 Ciliegine 250 g;
    – 1 Ricotta 250g.

6.4. The Consumer who orders the Frigor shall undertake to purchase Products to the extent of AED 300,00 for each month for a period of 5 (five) months by credit card. At the moment of the order the Consumer shall pay the price of the first instalment, equal to AED 400,00, and at the expiring of each month the amount of AED 300,00 shall be charged on the same credit card. The Consumer shall use this amount to order Products, at its option, whose value corresponds to the amount paid.

6.5. The transfer of the ownership of the Frigor is subject to the fulfilment of the above clause 6.4. and to the integral payment of the monthly rate for the whole period of 5 (five) months, even if the Frigor has been delivered with the first instalment of Products.

6.6. In case of failure of the payment the Consumer shall be deemed in breach of contract and the Company shall have the right to have the Frigor returned, retaining all payments already received as compensation of its damage, without prejudice for any further claim the Company may put forward.

6.7. In the event of defects of the Frigor, the Consumer shall inform the Company calling the Customer Sales Support Centre (800 800 888) and/or writing an email to homedelivery@italiandairyproducts.com within 5 (five) days from the discovery of such defects.

6.8. The Company will arrange the pickup of the Frigor to be collected and, after an examination, will guarantee the replacement of it or the remedy of the defects.

6.9. The Company’s responsibility is excluded if the defects are due to the not proper use of the Frigor.

6.10. The guarantee is excluded if the Consumer does not conserve the original invoice and the packaging of the Frigor.

6.11. In any case, the Company guarantees the Frigor for its defects only if such defects occur within 12 (twelve months) from the Frigor’s delivery.

6.12. The Consumer has the right to withdraw from the Frigor order, without any penalty and without need to provide a reason, within 14 (fourteen) days from the date of the delivery of the Frigor. It is understood that if the Frigor is returned damaged, the Consumer shall be deemed responsible and shall be requested to pay the value of the Frigor, equal to AED 1000,00.

6.13. After the period indicated above, the Consumer shall be entitled to withdraw from the Frigor order provided that it returns the Frigor to the Company without any damage and also corresponding to the Company a penalty to the extent of AED 500,00.

6.14. To exercise the right of withdraw, the Consumer shall inform the Company calling the Customer Sales and Support Centre (800 800 888) and/or writing an email to homedelivery@italiandairyproducts.com.

6.15. The Consumer shall return the Frigor according to the instructions given by the Company. The cost of returning the Frigor shall be borne by the consumer.

6.16. The Frigor shall be returned intact and in its original packaging.

7) Orders

7.1. The Consumer shall be guided through the process of placing an order and completing the purchase of the Products. In particular, the Consumer shall select the Products he is interested in and, in order to complete the purchase, he shall register himself providing the Personal Information as per clause 1.3.

7.2. Except for the case of purchase of the Frigor in compliance with clause 6, the Consumer can purchase only the Products available on the App for a minimum order of AED 100,00, to be delivered in the territory of the United Arab Emirates.

7.3. The Consumer’s purchase order is accepted by the Company with the transmission of an order confirmation email at the address indicated by the Consumer. The email will report the details of the person placing the order and of the order itself, the price of the product purchased, the address where the product shall be delivered, the delivery lead time.

7.4. Each purchase agreement is deemed stipulated when the Consumer receives the order confirmation as per clause 7.3.

7.5. The Company reserves the right to refuse or cancel any order for any reason whatsoever. The Consumer understands and accepts that time of delivery is not of the essence and the Company may not be held liable for any delay in delivering the Products to the Customer.

7.6. Except for the case of purchase of the Frigor in compliance with clause 6, the Consumer may cancel the order by calling the Customer Sales and Support Centre (800 800 888) and writing an email to homedelivery@italiandairyproducts.com at least 24 (twenty-four) hours before the estimate date of the Products’ delivery as indicated in the confirmation email. In such case the Company shall refund the whole amount paid by the Consumer (if any) at the time of cancellation.

8) Price

8.1. The Products and the Frigor prices are those indicated on the App at the moment of the order. The same are also accessible at any time by the Consumer on: http://italiandairyproducts.com.

8.2. The prices are published on the App in AED currency and include the packaging and the delivery costs.

8.3. The Company may grant special discounts to certain customers at its sole discretion.

9) Payment

9.1. Except as may be provided for in clause 6, the Products shall be paid:

  1. online using Visa and MasterCard credit/debit card in AED, on order’s placement by the Consumer or at the moment of Products’ delivery;
  2. by cash in AED, at the time of delivery.

9.2. The Company uses technologies to guarantee the payments’ details given by the Consumer will be transmitted and stored in a secured mode, through the data encrypted system “3D Secure” and with no access from third parties.

9.3. Should payment be issued through credit card, the “3D Secure” system involves that the Consumer will be transferred to a secured site and the credit card information will be directly and exclusively disclosed to the Bank, operator who deals with payments on behalf of the Company.

10) Delivery of the Products

10.1. After the selection of the Products and/or of the Frigor, the Consumer shall choose the time of the delivery selecting one of the available options indicated on the App. Except for the Frigor order, in case of delivery planned for the following day, the order must be placed before 2.00 p.m. on the previous day.

10.2. The delivery will be performed to the address specified by the Consumer during the placement of the order, unless otherwise instructed by the Company.

10.3. The Company will NOT deal or provide any Products to any of OFAC (Office of Foreign Assets Control) sanctions countries in accordance with the law of UAE.

11) Products Guarantee

11.1. The Company guarantees that the Products are made and will be delivered in accordance with the laws, regulations and requirements applicable in the United Arab Emirates and in compliance with international safety and quality standards.

11.2. All the Products are handpicked and go through a quality checkpoint before the packaging and the delivery.

11.3. Upon the delivery the Consumer shall control if the Products’ packaging, quantity and types are conformed to the ordered Products. In case of discrepancies, the Consumer shall have the option to:

– return the contested Products without paying any price if he had chosen “payment on delivery” pursuant to article 9.1.b.;

– return the contested Products and request the reaccredit of the price, if he had paid by credit card pursuant to article 9.1.a.; in this case the Company shall provide within 2 working days from the delivery;

– return the contested Products and request the Company to remedy the discrepancies; in this case the Company shall deliver immediately the missing ordered Products from the delivery.

– accept the Products; in this case the Company shall correct the invoice relating to the order and alternatively i) refund the amount paid in excess by the Consumer; or ii) request the payment of the price difference.

11.4. In case of defects in the quality of the Products, the Consumer shall inform the Company calling the Customer Sales and Support Centre (800 800 888) and writing an email to homedelivery@italiandairyproducts.com as soon as possible and no later than 2 (two) hours from the discovery of such defects. The lack of any call to the Customer Sales and Support Centre or of any email addressed to homedelivery@italiandairyproducts.com within the given deadline shall imply that Products have been delivered in fresh and edible status and that the Consumer waives any claim at any title towards the Company.

11.5. In case of proven defects, the Company will arrange the pickup of the Products to be collected and, after an examination, will guarantee the replacement of the Products or the refund of the correspondent amount paid by the Consumer if it results liable for the notified defects.

11.6. The Company’s responsibility is excluded if the notified defects are due to a not proper conservation of the Products according to the instruction given to the Consumer in the packaging. In any case, the guarantee is excluded if the user has not conserved the original invoice and the original packaging of the Products.

11.7. In the event the Company recognizes the Products’ defects it will inform the Consumer by email and it will refunds the correspondent amount through the original mode of payment within 2 (two) working days from the notice above by the Company.

12) Force Majeure

The Company will not be responsible in case of total or partial insolvency of its obligations when said insolvency is caused by unforeseeable and/or natural events outside its reasonable control, including but not limited to catastrophic natural events, acts of terrorism, wars, popular rising, lack of electric energy.

13) Governing Law and Jurisdiction

The validity, interpretation, enforceability, and performance of these terms and conditions as well as any sale’s agreement made under the same shall be governed by, and construed in accordance with, the laws of the United Arab Emirates.

Any dispute arising out of the formation, performance, interpretation, nullification, termination or invalidation of these terms and conditions or related thereto in any manner whatsoever, shall be settled by the Court of the Emirate of Dubai.

14) Miscellaneous

14.1. Severability

In the event any provision of these terms and conditions shall be declared void or unenforceable by a court, an arbitrator or any other competent authority, the other provisions of the same and the rights and obligations of the parties created by them shall remain in full force and effect. The void or unenforceable provision shall be deemed to be deleted from these terms and conditions and shall be substituted by the parties in good faith by a valid, enforceable and mutually acceptable provision which comes as close as possible to the economic result of the void or unenforceable provision.

14.2. Notices

Any communication by the Consumer to the Company related and/or referred to these terms and conditions and the purchase of Products and Frigor under the same shall be made by calling the Customer Sales and Support Centre at the number 800-800-888 and/or by writing an email to homedelivery@italiandairyproducts.com.

Any communication by the Company to the Consumer will be made by email at the address indicated by the Consumer in accordance with the provision of such terms and conditions set forth above.

14.3. Language

All documents to be furnished or communications to be given or made under these terms and conditions shall be in the English language.