Terms & Conditions - Di Giorno

Terms & Conditions

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THE FOLLOWING TERMS AND CONDITIONS OF USE AGREEMENT (hereafter “Terms”) governs your use of our web site (hereafter “web site”). It is vitally important that you read the Terms carefully, as your use of the web site will automatically constitute your agreement to be legally bound by the terms and conditions set out herein. These Terms also govern your use or purchase of the products/services provided through or in connection with the web site (hereafter “services”). Each time you use our services, you acknowledge that you have read these Terms and agree to be legally bound by them. If you do not agree to be bound by these Terms, you may not use the web site(s) or the services provided by Firm through its web site(s).

This website is owned by It’s Good Limited (hereafter “Firm”), a business which operates from 2, St. John Elemosiner Street, Cospicua. The following words used in these Terms shall have the following meanings:

  • “Personal Information” shall mean all data and/or information provided by and about User, including e-mail address (es), name, address, credit card, or other payment information, etc.;
  • “Firm web site” shall mean all web sites on which Firm provides products and/or services.
  • “Firm User” shall mean all Users of the Firm web site(s) and services.
  • “Firm Products and Services” shall mean all products and/or services provided directly by Firm;
  • “3rd–Parties” include all advertisers, partners and affiliate vendors that are included on, or linked to, the Firm web site(s).

ORDERING PRODUCTS FROM US

Individuals: These terms of sale apply to all products supplied by It’s Good Limited via http://www.digiorno.mt. The website is governed by the following terms and conditions; they do not affect your statutory rights.

Description and price of products

We have taken care to describe and show items and services as accurately as possible. Despite this, slight variations in items and services may occur. We provide you with product and service information on http://www.digiorno.mt If there is anything which you do not understand, or if you wish to obtain further information, please contact our customer services team on sales@digiorno.mt.

Product images are for illustrative purposes only. Although we have made every effort to display colours accurately, we cannot guarantee that your computer’s display of the colours accurately reflect the colour of the products. Your products may vary slightly from those images.

We make every effort to ensure that the pricing displayed on our website is correct.  Moreover photos on the site show the cooked product, whilst the product being sold is frozen. However, if an error in the pricing of a product is found we reserve the right to either cancel your order or contact you to arrange payment of any extra sum due or refund any over-payment made by you (as applicable). We reserve the right to alter all product and service pricing without notice.

All prices include VAT (where applicable) at the current rates.   

Where we charge separately for packing, carriage and insurance and other relevant charges, the appropriate rates are set out in our specified pricing structure shown elsewhere on this website.

Placing an order

You are deemed to place an order with us by ordering via our online checkout process. As part of our checkout process you will be given the opportunity to check your order and to correct any errors. We will send you an order acknowledgement, detailing the products and services you have ordered.

The contract is subject to your right of cancellation (see below).

Any order placed by you for products advertised on our website is an offer by you to purchase the products selected in your order. No contract exists between you and us for the provision and sale of any products until we have received your order and accepted it (which we may do at our discretion). Our acceptance of an order takes place when we activate a service or despatch the order or send you confirmation by email even if your payment has been processed immediately.

We may refuse at our discretion to accept an order:
(a) where we cannot obtain authorisation for your payment;
(b) if there has been a pricing or product description error; or
(c) if you do not meet any eligibility criteria set out in our terms and conditions.
(d) where products ordered by you are not available;
(e) if we do not deliver to your area;

(f) services or information ordered by you are not available;

Where we do not accept your order but have processed your payment, we will re-credit your account with any amount deducted by us from your debit or credit card as soon as possible, but in any event within 30 days of your order. We will not be obliged to pay any additional amount as compensation for disappointment.

You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase services and products from our site. The importation or exportation of certain products to you may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the products you purchase. The use of our website may be prohibited by certain national laws. We make no representation and accept no liability in respect of the use of the services you purchase.

Payment

Payment can be made by any of the options advertised on our website. Payment shall be due before delivery, or commencement of service, unless we have agreed and setup a trade account. If payment fails your order will be cancelled.  

Payment online: Our secure server software encrypts all your payment card details. The process scrambles all the information, allowing no unauthorised third party to intercept the data. Your browser will confirm that you are shopping in a secure environment by showing either a locked padlock icon or an image of a padlock next to the payment details in the relevant area of the website.

To ensure that your credit, debit or charge card is not being used without your consent, we will validate name, address and other personal information supplied by you during the order process against appropriate third party databases.

By accepting these terms and conditions you consent to such checks being made. In performing these checks personal information provided by you may be disclosed to a registered Credit Reference Agency which may keep a record of that information. You can rest assured that this is done only to confirm your identity, that a credit check is not performed and that your credit rating will be unaffected. All information provided by you will be treated securely and strictly in accordance with the Data Protection Act. During security checks we may ask for additional information or documentation to help support the data you supplied.

Consumer right of return and refund

If you are a consumer, you have a legal right to cancel a contract during the period set out below. This means that during the relevant period if you change your mind or for any other reason you decide you do not want to keep a product, you can notify us of your decision to cancel the contract and receive a refund.

However, this cancellation right does not apply in the case of:

  • All foodstuffs, frozen meals and cakes.

Right to cancel

You have the right to cancel this contract within 15 days without giving any reason.

This means you may return the Products within 15 days from when you receive them as long as they are returned unused and in the same condition as they are received.  

The cancellation period will expire after 15 days from: the day of the conclusion of the contract (in the case of services); or the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the products or the last good or the last lot or piece (as the case may be).

To exercise the right to cancel, you must inform us of your decision to cancel this contract by a clear statement via e-mail to sales@digiorno.mt).

To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.

This cancellation right does not apply in the case of all foodstuff, frozen meals and cakes.

Effects of cancellation

If you cancel this contract, we will reimburse to you all payments received from you, excluding the costs of delivery.

We may make a deduction from the reimbursement for loss in value of any products supplied, if the loss is the result of unnecessary handling by you.

We will make the reimbursement without undue delay, and not later than-

(a) 14 days after the day we receive back from you any products supplied, or
(b) (if earlier) 14 days after the day you provide evidence that you have returned the products, or
(c) if there were no products supplied, 14 days after the day on which we are informed about your decision to cancel this contract.

We will make the reimbursement using the same means of payment as you used for the initial transaction, whenever possible; in any event, you will not incur any fees as a result of the reimbursement. We may withhold reimbursement until we have received the products back or you have supplied evidence of having sent back the products, whichever is the earliest.

If the consumer has received products in connection with the contract you shall send back the products or hand them over to us, without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation from this contract to us. The deadline is met if you send back the products before the period of 14 days has expired.

You will have to bear the direct cost of returning the products, unless these products are damaged on delivery.

You are only liable for any diminished value of the products resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the products.

If you requested to begin the performance of services during the cancellation period, you shall pay us an amount which is in proportion to what has been performed until you have communicated us your cancelation from this contract, in comparison with the full coverage of the contact.

Delivery

We will deliver products ordered by you as soon as possible to the address you give us for delivery.

We offer FREE delivery to any address in the island of Malta (excluding Gozo).

If the products we deliver are not what you ordered or are damaged or defective or the delivery is of an incorrect quantity, we shall have no liability to you unless you notify us in writing, at our contact address, of the problem within 15 working days of the delivery of the products in question.

Import Duty

Limitation of Liability

The Firm will not be liable to you for any loss or damage in circumstances where:
(a) There is no breach of a legal duty owed to you by the supplier or by its employees or agents;
(b) Such loss or damage is not a reasonably foreseeable result of any such breach;
(c) Any increase in loss or damage resulting from breach by you of any term of this contract.

Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.

LINKS TO AND FROM OTHER WEBSITES

Links to third party websites on this website are provided solely for your convenience. If you use these links, you leave this website. We have not reviewed all of these third party websites and do not control and are not responsible for these websites or their content or availability. We therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third-party websites linked to this website, you do so entirely at your own risk.

NEWSLETTERS

It’s Good Limited regularly sends out a newsletter and/or other informational emails (collectively referred to as “Newsletters”) to all Users. In these Newsletters, we may inform you about new services, features or products. User may choose to unsubscribe from the Newsletter at any time using the unsubscribe option at the bottom of our emails, or by writing to us at sales@digiorno.mt or following the unsubscribe link contained in each of the emails.

LICENCE AND COPYRIGHT

The Firm web site contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound and the entire content of the web site is copyrighted as a collective work under Maltese and International copyright laws. The Firm owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works or in any way exploit, any of the content, in whole or in part. Except as otherwise expressly permitted under copyright law or these Terms, no copying, redistribution, retransmission, publication or commercial or non-commercial exploitation of downloaded material will be permitted without the express written permission of Firm and the copyright owner. Elements of the web site are protected by trade dress, trademark, unfair competition and other laws and may not be copied or imitated in whole or in part, by any means, including but not limited to, the use of framing or mirrors.

You are permitted to print and download extracts from this website for your own private use on the following basis:
(a) no documents or related graphics on this website are modified in any way;
(b) no graphics on this website are used separately from this site and
(c)any of our copyright and trade mark notices and this permission notice appear in all copies.

Copyright Infringement

In accordance with Maltese and International law, any notifications of claimed copyright infringement should be sent to us immediately. Such notification can be sent by email, to sales@digiorno.mt

REGISTRATION

To register with http://www.digiorno.mt you must be at least 18 years of age.

Each registration is for a single user only, whether or not acting on behalf of a Firm or other organisation. We do not permit you to share your user name and password with any other person nor with multiple users on a network.

User must complete the registration process by providing Firm with current, complete and accurate information as prompted by the applicable registration form. User also will choose a password and a User name.

Responsibility for the security of any passwords issued rests with you and if you know or suspect that someone else knows your password, you should contact us immediately.

User is entirely responsible for maintaining the confidentiality of any password and account information. Furthermore, User is entirely responsible for any and all activities that occur under its account. User agrees to notify Firm immediately of any unauthorized use of their account or any other breach of security. Firm will not be liable for any loss that may incur as a result of someone else using User’s password or account, either with or without their knowledge. However, User could be held liable for losses incurred by Firm or another party due to someone else using their account or password

We may suspend or cancel your registration immediately at our reasonable discretion or if you breach any of your obligations under these terms and conditions.

We may deny access to any User, at any time, and for any reason. In addition, Firm may, at any time, transfer rights and obligations under these Terms to any current or future Firm subsidiary or business unit, or any companies or divisions or any entity that acquires Firm or any of its assets.

DISCLAIMER

While the Firm uses reasonable efforts to include accurate and up-to-date information, the Firm specifically disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material displayed in any and all Firm web sites, either now operating or created in the future. The Firm disclaims any responsibility or liability for the deletion, failure to store, mis-delivery, or untimely delivery of any information or material. The Firm disclaims any responsibility or liability for any harm resulting from downloading or accessing any information or material on the Internet through the Firm web site.

The Firm does not make any warranties or representations regarding any data, service and/or information provided or made available by any user on any of the Firm web sites or on any external web sites linked to them. In particular, the Firm does not warrant or represent that said data, service and/or information is true or accurate, or that it fulfils or serves any particular purpose.

Without limiting the foregoing, under no circumstances shall the Firm be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of 3rd-parties, or loss of or fluctuations in heat, light, or air conditioning.

FIRM WEB SITES AND ALL MATERIALS, INFORMATION, PRODUCTS AND SERVICES INCLUDED IN THE FIRM WEB SITES, ARE PROVIDED “AS IS,” WITH NO WARRANTIES EXPRESSED OR IMPLIED. THE FIRM EXPRESSLY DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. THE FIRM DISCLAIMS ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS AND PERFORMANCE OF THE FIRM WEB SITES. FIRM DISCLAIMS, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE FIRM WEB SITES. THE FIRM DISCLAIMS ANY WARRANTIES FOR SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED ON THE FIRM WEB SITES OR RECEIVED THROUGH ANY LINKS PROVIDED BY THE FIRM WEB SITES AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH ANY LINKS OR ANY USER CONTRIBUTIONS PROVIDED TO THE FIRM WEB SITES.

THE USER UNDERSTANDS AND AGREES THAT THEY DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE FIRM WEB SITES AT THEIR OWN DISCRETION AND RISK AND THAT THEY WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO THEIR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY IN ALL CASES. THE USER MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.

THE FIRM AND ITS WEB SITES ARE NOT RESPONSIBLE OR LIABLE FOR CONTENT POSTED BY USERS, 3rd-PARTIES, ACTIONS OF ANY 3rd-PARTY OR FOR ANY DAMAGE TO, OR VIRUS THAT MAY INFECT, A USER’S COMPUTER EQUIPMENT OR OTHER PROPERTY.

LIABILITY

The Firm may modify, suspend, discontinue or restrict the use of any portion of the Firm web site, including the availability of any portion of the content at any time, without notice or liability.

Users acknowledge and agree that it is virtually impossible to achieve continuous, uninterrupted availability of the Firm or any other, web site. While we endeavour to ensure that this website is normally available 24 hours a day, we will not be liable if for any reason this website is unavailable at any time or for any period. Access to this website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.

Our liability (and that of our officers, directors, employees, shareholders or agents) of any kind (including our own negligence) with respect to our website or service for any one event or series of related events is limited to the total fees which you have paid to us in the 12 months before the event(s) complained of.

In no event (including our own negligence) will we be liable for any:
(a) economic losses (including, without limit, loss of revenues, profits, contracts, business or anticipated savings);
(b) loss of goodwill or reputation;
(c) special, indirect or consequential losses; or
(d) damage to or loss of data
(even if we have been advised of the possibility of such losses).

INDEMNITY

You agree to indemnify, defend and hold harmless the Firm, its web site(s) and each of its respective advertisers, partners, suppliers, licensors, officers, directors, shareholders, employees, representatives, contractors, agents and sub-licensees, from any and all claims (including but not limited to claims for defamation, trade disparagement, privacy and intellectual property infringement) and damages (including attorneys’ fees and court costs) arising from or relating to any allegation regarding:
1. Your use of the Firm web site(s);
2. The Firm’s use of any your content or information, as long as such use is not inconsistent with these Terms;
3. Information or material provided through your IP address, even if not posted by you or
4. Any violation of these Terms by you.

GOVERNING LAW AND JURISDICTION

These terms and conditions shall be governed by and construed in accordance with Maltese law. Disputes arising in connection with these terms and conditions shall be subject to the exclusive jurisdiction of the Maltese courts where the claim is brought by you. We nevertheless retain the right to bring proceedings against you for any threatened or actual breach of these terms and conditions in your country of residence, registration or business or any other relevant country.

We do not warrant that materials, services or information for sale on the website are appropriate or available for use outside Malta. It is prohibited to access the website from territories where its contents are illegal or unlawful. If you access this website from locations outside Malta, you do so at your own risk and you are responsible for compliance with local laws.

MISCELLANEOUS

If any provision of these Terms is, for any reason, invalid and/or unenforceable, as determined in an appropriate Court of proper jurisdiction, the remaining provisions shall continue to be valid and enforceable to the fullest extent permitted by law. You agree to replace an invalid and/or unenforceable provision with a valid and/or enforceable provision that most closely approximates the intent and economic effect of the invalid and/or unenforceable provision and shall be interpreted most favourably, when possible, to the benefit of the Firm.

Section Titles : The section titles used in these Terms are purely for convenience and carry with them no legal or contractual effect.

Incident Reporting : Any complaints regarding violations of these Terms by a User should be directed to customer services at sales@digiorno.mt. Where possible, include details that would assist the Firm in investigating and resolving the complaint (i.e. expanded headers and a copy of the offending transmission).

Complaints Procedure : We are very proud of our high standards of customer service however, in the event that we fail in meeting these standards, please do not hesitate to contact us at sales@digiorno.mt

ONLINE ACCEPTANCE

You may not assign, sub-license or otherwise transfer any of your rights under these terms and conditions

If any provision of these terms and conditions is found by any court of competent jurisdiction to be invalid, the invalidity of that provision will not affect the validity of the remaining provisions which shall continue to have full force and effect.

These Terms represent the entire understanding between the user and the Firm and supersedes any prior statements or representations. THE USER AGREES TO THE TERMS OF THIS ONLINE AGREEMENT, by using the web site, it’s services, sign up, posting, downloading and uploading content, and understands that it is entering into a binding and legal agreement with Firm.

You agree to file any claim regarding any aspect of this web site or these Terms within six (6) months of the time in which the events giving rise to such alleged claim began, or you agree to waive such claim. You also agree that no claim subject to these Terms may be brought as a class action or in any other jurisdiction than the Maltese Courts.

These Terms and Conditions were last updated, and became effective, on 05/05/2020

Contact Information : Our contact details are as follows: It’s Good Limited, 2, S. John Elemosiner Street, Cospicua. General email: sales@digiorno.mt

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