This legal notice applies to the contents of the website under the domain name www.toletti.com (“Website”).
Welcome to toletti.com Terms and Conditions for use. Please read this agreement carefully. These represent the Terms and Conditions for using this service. If you do not agree to these, you may not use this Website.
Our Website is also made up of a number of Retail Sites and all orders/purchases made on these websites will be governed by the specific product terms relevant to each retail site or, in their absence, these terms and conditions.
You are permitted to use our Website solely on the basis of these Terms and Conditions. We reserve the right, at our discretion, to update and/or revise these Terms and Conditions. Please check periodically for changes.
NOTHING IN THESE TERMS AND CONDITIONS AFFECTS YOUR STATUTORY RIGHTS.
THIS IS AN AGREEMENT BETWEEN YOU AND Italian Food Online LTD (“Toletti”).
If you have any questions relating to these Terms and Conditions please contact our Customer Care Team through the “Contact Us” page.
1. Use of the website
1.1 Subject to these Terms and Conditions you are authorised to view and download our Website for your personal use only. Toletti may change, suspend or discontinue the Website at any time, including the availability of any feature, database, or content. Toletti may also impose limits on certain features and services or restrict your access to parts or all of this Website without notice or liability.
1.2 You shall be responsible for obtaining and maintaining any equipment or ancillary services needed to connect to, access or otherwise use the Website, including, without limitation, modems, hardware, software, and long distance or local telephone service.
1.3 Any Toletti Retail Site may contain additional terms (for example conduct guidelines) that further govern the use of that Toletti Website, including without limitation particular features or offers (for example competitions). If any Terms and Conditions contained in this agreement conflict with any Terms and Conditions contained within a Toletti Retail Site, then the Terms and Conditions in this agreement shall prevail.
2. Registration and security
2.1 To register with Toletti and purchase goods from our Website you must be over eighteen years of age. You must ensure that the details provided by you on registration or at any time are correct and complete. You must inform us immediately of any changes to the information that you provided when registering by updating your personal details. You must give us your real name, address, phone number, email address and any other details that we may require to process your order.
2.2 We reserve the right to decline a new customer registration or suspend a customer’s
account at any time and at our sole discretion.
2.3 Toletti reserves the right, in our absolute discretion, to terminate your access to all or part of the services with or without notice.
2.4 Toletti reserves the right in our absolute discretion to discontinue the Website or services, or any part thereof, at any time, with or without notice.
2.5 Toletti may change the Website and Retail Sites or delete features in any way, at any time and for any reason.
3. Member conduct
3.1 You may not use the Website or any of the Retail Sites for any of the following purposes:
• Disseminating any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material.
• Transmitting material that is or which encourages conduct that constitutes a criminal offence, results in civil liability or otherwise breaches any relevant laws, regulations or code of practice.
• Gaining unauthorised access to other computer systems.
• Interfering with any other person’s use or enjoyment of the Website.
• Breaching any laws concerning the use of public telecommunications networks.
• Interfering or disrupting networks or websites connected to the Website.
• Making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner.
• Engaging in technically harmful behaviour, which includes but is not limited to: computer viruses, logic bombs, trojan horses, worms, harmful components, corrupted data and other malicious software or harmful data.
3.2 Toletti reserves the right to refuse to post material on our Website and other Retail Sites or to remove material already posted on the Website.
5. Intellectual property
5.1 The content of the Website and the Retail Sites are protected by copyright, trade marks, database and other intellectual property rights. You may retrieve and display the content of the Website and the Retail Sites on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Websites without written permission from Toletti.
6.1 You agree to indemnify and hold Toletti harmless from all liabilities, claims and expenses that arise out of the content you submit, post or transmit via the Website or the Retail Sites, or from your use/misuse of the sites or the use/misuse by any person for whom you are responsible or from your violation of the Terms and Conditions.
7. Dealing with third party suppliers
7.1 You agree that your dealings with Third Party Suppliers found on or through the service including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the Third Party Supplier, and you agree not to hold Toletti liable for any disputes you may have with such Third Party Supplier.
8.1 The Website may provide, or third parties may provide, links to other websites or resources. As Toletti has no control over such websites and resources you agree that links to third party websites are provided solely for your convenience and Toletti is not responsible for the availability of such external sites or resources and is not liable for the content found at such sites or resources. If you decide to access any third party websites linked to the website you do so entirely at your own risk.
9. Limitations of Liability
9.1 This Website and the Retail Sites are provided on an “AS IS” basis, without warranties of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose or non-infringement.
9.2 Toletti assumes no liability for any viruses or any other disabling features that affect your access to or use of the Website or the Retail Sites.
9.3 Toletti assumes no liability for any incompatibility between the Website or the Retail Sites and other websites, services, software and hardware.
9.4 Toletti assumes no liability for any delays or failures you may experience in initiating, conducting or completing any transmissions or transactions in connection with the Website or the Retail Sites.
9.5 Toletti assumes no liability for any modification, suspension or discontinuance of any of its Websites, domain names or services.
9.6 Toletti assume no liability for any use of the Website or the Retail Sites including, without limitation, direct, indirect, incidental or consequential loss or damages or any loss of profits, loss of revenue business interruption, loss or programme or otherwise. Nothing in these terms and conditions shall exclude or limit Toletti liability for:
a) death or personal injury caused by negligence; or
b) fraud or misrepresentation; or
c) any liability which cannot be excluded or limited under law.
10. Force majeure
10.1 While Toletti endeavours to ensure the Website is available 24 hours a day, Toletti shall not be liable if for any reason the Website is unavailable at any time, for any period.
11.1 From time to time, we may send to your Toletti email account (or to an alternate email account that you designate), information about changes or additions to the Website or about any of our related products or services.
12.1 Toletti reserves the right, in our absolute discretion, to terminate your access to all or part of the Website or the Retail Sites without notice. Upon such termination or suspension you will be denied access to any information or files you have stored on the Website or Retail Sites.
13.1 The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
13.2 If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable.
13.3 This Agreement shall be governed by and construed in accordance with the laws of England and the parties submit to the non-exclusive jurisdiction of the English Courts.
14.1 Delivery will be made by UK Mail to the address specified by you when you register on the website. You have the ability to change this address, during the check out, should you need the delivery made to a different address (ex. your office). We reserve the right to restrict deliveries in certain areas, and this includes the right to eliminate certain areas from our delivery schedule altogether.
14.2 We will always try to supply you with the full quantity that you have ordered. In the event that the goods delivered to you are incomplete or include incorrect goods, you must notify us promptly. If you are not satisfied with the quantity you have received we will arrange with you for these goods to be returned to us (please note that the goods must not be used and must be in good condition). You will not be charged for any incorrect goods or goods which you have not received. In any event, our liability will be limited to the price of the goods not delivered or incorrectly delivered and the cost of delivery.
14.3 If no one is at the address when the delivery is attempted the goods will be left to a neighbour. We will leave notification of delivery. Please note adverse weather conditions or other events outside of our reasonable control may result in the occasional late or cancelled delivery. If that is the case we will endeavour to contact you as soon as we are able to in order to reschedule your delivery time and date. In any event our liability to you will be limited to the price of goods not delivered and the cost of delivery.
14.4 Should you fail to accept your delivery we are entitled to charge you in full for an amount equal to the cost of items contained in your order and the cost of delivery.
15. Defective Goods
15.1 We guarantee the quality of our goods. You must inspect the goods and notify us promptly of any dissatisfaction with your order. We will promptly and fully refund the cost of any goods that do not meet with your reasonable satisfaction. We will arrange with you for the goods to be returned to us.
15.2Subject to clause 7.1 below, we will not accept any further claims for loss from or in connection with the supply of faulty goods, whether direct, indirect, consequential or otherwise, howsoever arising.
16. Amendment of orders and cancellation rights
16.1 At any time up to 4 hours after you place the order You may change Your mind about purchasing the goods and withdraw or change Your order. There is no charge for doing this.
16.2 You do not have the right to cancel the contract. Should you wish to cancel your order we shall be entitled to charge you in full for an amount equal to the cost of the items contained in your order and the cost of delivery.
17. Company details
The Website is owned and operated by Italian Food Online Ltd, registered number 09183652, a company registered in England and Wales whose registered office is at 443 Norwood rd., SE27 9DQ, London.