Introduction
The web platform present at the link
www.soketo.it and the corresponding application for mobile devices (hereinafter, collectively, the "Platform") is provided and managed by E-Keto Food Srls, a company with registered office in Forlì, Via Gorizia, 18 – VAT number 04532980408 (“E-Keto Food” or the “Company”), which offers an online booking service and delivery of ready meals.
1. Contacts
1.1 Pursuant to and for the purposes of articles 7 and 12 of Legislative Decree no. 70 of 04.09.2003 and in compliance with Legislative Decree 09.06.2005, n. 206 (the "Consumer Code"), Feat Food communicates the following information to users: the provider of the Services covered by the General Conditions is E-Keto Food Srls, with registered office in Via Gorizia 18 CF/P.IVA 04532980408 - PEC:
eketofood@messaggipec.it , registered at the Chamber of Commerce of Forlì-Cesena. Email address to send any communications to:
servizioclienti@soketo.it
2. Purpose
2.1 The general terms and conditions transcribed below (hereinafter the "General Conditions") apply only to the Italian territory and to all orders placed by users of the Platform (hereinafter the "Orders").
2.2 The Platform offers users who access it (the "Users") the possibility of placing an Order with the Company and receiving the Order placed at the chosen address (together, the "Service").
2.3 However, these General Conditions do not regulate the supply of services or the sale of products by subjects other than Feat Food, to which reference is made on the Platform via hyperlinks or banners. The Company is therefore not responsible for the supply of services and/or products, as well as for the conclusion of any contract between the User and third parties other than Feat Food. For any doubts, the User is invited to write an e-mail to
servizioclienti@soketo.it
2.4 The User is requested to print a copy of the General Conditions and\or to memorize them on a durable medium.
3. General and scope of application
3.1 These General Conditions apply to all Orders placed by Users to the Company via the Platform and constitute the entire agreement between the parties, i.e. E-Keto Food and the Users, relating to its object and replace any previous contract, agreement or agreement reached between the parties in relation to this object.
3.2 The General Conditions can be modified at any time. Any changes and\or new conditions will be effective from the moment of their publication in the "Terms and Conditions" section of the Platform, but will not apply to Orders already placed. To this end, we invite users to access the Platform regularly and to check the publication of the most up-to-date General Conditions.
3.3 E-Keto Food, in the event of modification of these General Conditions, will send a communication via e-mail to all Users registered on the Platform, so that they can view it and stay updated on the news that has occurred which will find immediate application towards Users.
3.4 The General Conditions are those in force on the date the Order is sent by the User.
3.5 The User is solely responsible for the use of the Platform. E-Keto Food cannot be held responsible for the non-compliant use, by the User, of the Platform in relation to (i) the laws in force or (ii) these General Conditions. In particular, the User will be solely responsible for the communication of information and data that are incorrect, false or relating to third parties, without these having given their consent, as well as in consideration of an incorrect use of the same.
3.6 Finally, E-Keto Food declines all responsibility for any damages deriving from inaccessibility to the Service through the Site or the Application or from any damages caused by viruses, damaged files, errors, omissions, service interruptions, deletion of contents, problems connected to the network, to providers or to telephone and/or telematic connections, to unauthorized accesses, to data alterations, to the failed and/or defective functioning of the User's electronic equipment.
4. Object
4.1 The Platform allows the User to book and pay for ready meals and a wide range of related products offered by the Company via an online booking service. Through the Platform, E-Keto Food will send the User's Order to one of the affiliated laboratories which will prepare the selected Products in the terms agreed with the User and will arrange for delivery to the address indicated by the User.
4.2 Based on the structure described above, the User establishes:
- a contractual relationship with E-Keto Food in relation to the preparation of the aforementioned internet booking and payment systems, for which E-Keto Food does not receive any consideration from the User and which are governed by these General Conditions and by the Privacy Policy and about cookies;
- a different contractual relationship, again with E-Keto Food, relating to the delivery of the Products to the address indicated by the User, as governed by the following article 7;
5. Access to the Platform and Registration
5.1 In order to use the Platform, the User can alternatively register with E-Keto Food or use the Platform without registration. Access to the Platform is permitted as long as the Platform is online. E-Keto Food is authorized to take the Platform offline for any reason it deems appropriate and cannot be held responsible for any unavailability, for any reason, of the Platform or parts of it at any time or for any period of time.
5.2 Registration on the Platform is free. To register, the User must complete the registration form, entering his name, surname, an e-mail address and a password (hereinafter the "Registration Credentials"). Registration is confirmed by email sent to the address provided by the User.
5.3 The Registration Credentials must be used exclusively by the User and cannot be transferred to third parties. The User must notify E-Keto Food without delay in case of suspected misuse of the same. The Registration Credentials may be modified by the User at any time by accessing the "Profile" section on the Platform.
5.4 The User guarantees that the Registration Credentials provided during the registration procedure on the Platform are complete, correct and truthful. The User agrees to hold E-Keto Food harmless from any compensation obligation, sanction deriving from and\or in any way connected to the violation by the User of the rules on registration on the Platform. The User is solely responsible for accessing the Platform using the Registration Credentials and is directly liable for any damage or injury caused to E-Keto Food or to third parties by improper use, loss, misappropriation by others or from the failure to protect adequate secrecy of their Registration Credentials. All operations carried out through the Registration Credentials are considered carried out by the User to whom the Registration Credentials refer.
5.5 The Service is provided in Italian.
5.6 It is possible to make a single registration per User. Multiple registrations will be canceled by E-Keto Food.
5.7 In the "User" personal area on the Platform, the User can view the open, recently delivered and/or concluded Orders as well as manage and save personal data.
5.8 Feat Food reserves the right to refuse, at its sole discretion, the registration of Users. E-Keto Food also reserves the right not to accept Orders, from anyone, which are anomalous in relation to the quantity of Products purchased or the frequency of purchases made on the Platform, as well as in relation to the improper or suspected use of gift vouchers from referred to in art. 16.
5.9 The User may at any time request the cancellation of his/her subscription to E-Keto Food by sending an email to
servizioclienti@soketo.it
6. Information for the user
6.1 In compliance with Legislative Decree 9 April 2003, n. 70 containing provisions on electronic commerce, E-Keto Food informs the User that:
- to conclude the purchase contract for one or more Products on the Platform, the User must select the Products requested, fill in the Order form in electronic format and send it to E-Keto Food, electronically, following the instructions that will appear on from time to time on the Platform and which will accompany the different phases of the purchase;
- the contract is concluded when E-Keto Food registers and accepts the Order form, after verifying the correctness of the data relating to the Order and the payment;
- before proceeding with the transmission of the Order form, the User will be able to identify and correct any data entry errors by following the instructions indicated from time to time on the Platform and which will accompany the various phases of the purchase of the Products; once the Order form has been registered, E-Keto Food will send the User, to the e-mail address indicated by the same, a confirmation e-mail containing (i) a summary of the General Conditions, (ii) the information relating the characteristics of the Product purchased (iii) the estimated time for delivery, (iv) detailed indication of the price, (v) the means of payment used, (vi) shipping costs and any additional costs as well as (vii ) the indication of the assistance service. It is recommended to keep the e-mail received as proof of purchase or to store it on a durable medium;
- the Order form will be filed in the E-Keto Food database for the time necessary to process the Order and, in any case, in accordance with the law. To access their Order form, the User can consult the "Account - My Orders" section of the Platform where they will find a list of all Orders placed.
7. Booking, purchase and shipping terms and conditions
7.1 The Platform allows the User, also through a geo-location system, to identify the covered postal codes to verify the delivery of Products in the area selected by the User.
7.2 All prices indicated on the Platform are expressed in Euros (€) and are inclusive of VAT. The User will be charged the price of the Product indicated on the Platform at the time the Order was sent by him.
7.3 The price of the Product must be added - in case of delivery of the Product by E-Keto Food, in the place indicated by the User - also the contribution for the delivery of the Product. The cost of delivery costs is as explicitly indicated on the Platform at the time of the Order. This amount will in fact be highlighted separately on the Order form, prior to sending it, and on the Order confirmation e-mail.
7.4 The shipment of the Product will take place by courier partners of E-Keto Food. The delivery times of the Product vary for each shipment and are linked to the place of delivery of the Product (for which, by way of example, the delivery times will vary according to the preparation and cooking times of the Product, the distance between the Laboratory and the User , etc.). Therefore, E-Keto Food assumes no responsibility in relation to delivery times, since they are not linked solely to the activity of E-Keto Food, but to the many factors listed above.
7.5 E-Keto Food will process the Purchase Order only after receiving confirmation of the authorization to pay the total amount due, consisting of the purchase price, shipping costs and any additional costs, as indicated in the purchase form. Order.
7.6 E-Keto Food reserves the right not to confirm Orders from Users with whom disputes are pending or in the case provided for by art. 5.8.
7.7 The images and colors of the Products offered for sale by the Company may not correspond to the real ones due to the Internet browser, the monitor used and, above all, considering the particularity of the Products offered on the Platform. For these reasons, E-Keto Food advises the user to always check the characteristics shown in the product sheets linked to each Product on the Platform.
8. Booking changes or cancellations
8.1 The User may modify or cancel the reservation after receiving the Order confirmation email directly on the Platform and until the Order has been prepared for delivery by the Partner.
8.2 In order to check whether it is still possible for the User to modify and\or cancel the Order, the User must necessarily send an email to
servizioclienti@soketo.it
8.3 In the event of unavailability of the Product ordered, the User will be promptly informed by e-mail and the Purchase Order will be cancelled. In the event of partial unavailability of the Order, the User may decide whether to cancel the entire Order or whether to keep part of it. In case of partial cancellation of the Order, E-Keto Food will apply the conditions set out in the following article.
8.4 In the cases provided for in the previous articles 8.1 and 8.3 if the payment of the Order has already been made, E-Keto Food will refund the amount paid by the User (even partially, in case of partial cancellation of the Order), including shipping costs, immediately, and , in any case within the term of 14 (fourteen) days from the User's communication. The refund amount will be communicated by e-mail, and credited to the same means of payment used for the purchase.
8.5 E-Keto Food declines all responsibility for any delays in crediting, which depend on the bank or on the type of credit card used for payment. In any case, the value date of the re-credited amount will be the same as the debit.
8.6 Without prejudice to the hypotheses referred to in articles 8.1 and 8.3 above, in accordance with the provisions of art. 59, first paragraph, lett. d), of the Consumer Code, the user cannot exercise the right of withdrawal for Products sold on the Platform, in the event that they are goods (mostly dishes) that "are likely to deteriorate or expire rapidly".
9. Shipping of products in Italy
9 E-Keto Food will deliver only in areas where affiliated laboratories are active.
10. Price, payment and billing
10.1 Payment for Products purchased on the Platform is made exclusively by Cash on Delivery, Paypal, Stripe, Satispay, Apple Pay and credit cards of the VISA and MASTERCARD circuits, whose payments will be processed through an online payment system with a server-to- secure server through the use of the SSL Protocol (Secure Sockets Layer) with 128-bit encryption.
10.2 In the event of non-payments, E-Keto Food will charge the costs relating to the management of the outstanding payment to the User and will refuse the relative Purchase Order, notifying the User via e-mail.
10.3 E-Keto Food undertakes to ensure that the payment system provided is always available and functioning, however it cannot guarantee continuous and uninterrupted access. For more information on the payment system, please check the conditions of the Paypal Platform (https://www.paypal.com/it/webapps/mpp/ua/useragreement-full).
10.4 The User will receive the tax invoice relating to the Order by email, following the request via email to
servizioclienti@soketo.it by the User to the Company of the tax invoice relating to the Order, specifying the Order code to which it refers .
11. Warranty and lack of conformity
11.1 The legal guarantees provided for by articles 129, 130 and 132 of the Consumer Code apply to the sale of the ordered Products. The User has the right, at his choice and on condition that the type of product permits it, to restore, without charge, the conformity of the product by means of repair or replacement, or to an adequate price reduction or termination of the contract. The Customer forfeits these rights if he does not report the lack of conformity to E-Keto Food within two months from the date on which he discovered the defect, provided that - as in the present case - it is not a Product that nature is perishable or subject to expiry in a shorter period, in which case the defect must be reported within such shorter period.
12. Errors and Limitations of Liability
12.1 The information relating to the Products provided through the Platform is constantly updated. However, it is not possible to guarantee the complete absence of errors for which E-Keto Food cannot therefore be held responsible, except in the case of willful misconduct or gross negligence.
12.2 E-Keto Food reserves the right to correct errors, inaccuracies or omissions even after an Order has been sent, or to modify or update information at any time without prior notice, without prejudice to the rights of the User so as governed by these General Conditions and the Consumer Code.
12.3 Except for willful misconduct or gross negligence, any right of the User to compensation for damages or the recognition of compensation is excluded, as well as any contractual or extra-contractual liability for direct or indirect damages to persons and/or things, caused by non-acceptance or evasion, even partial, of an Order.
13. Complaints
13.1 Any complaint relating to the Service or the Order must be forwarded to E-Keto Food using the contact form accessible directly on the Platform or by sending an email
to support@soketo.it
14. Applicable law and jurisdiction
14.1 The sales contract between the User and E-Keto Food is understood to be concluded in Italy and governed by Italian law. For the solution of disputes relating to the interpretation, execution or resolution of these General Conditions or individual Purchase Orders if the User is a consumer pursuant to the Consumer Code, the court of his municipality of residence or of domicile if located in the Italian territory; in all other cases, the territorial jurisdiction is exclusively that of the Court of Forlì, any other competent court excluded.
14.2 Pursuant to art. 14 of Regulation 524/2013, the user is informed that in the event of a dispute, he may file a complaint via the European Union's ODR platform which can be reached at the following link http://ec.europa.eu/consumers/odr/ (already operational from 15 February 2016). The ODR platform is an access point for users who wish to resolve disputes arising from online sales or service contracts out of court. To this end, we inform you that the e-mail address of E-Keto Food is
info@soketo.it , while the pec is eketofood@messaggipec.it
15. Platform Content and Intellectual Property
15.1 The contents present on the Site and in the Application, such as, by way of example, the works, images, photographs, dialogues, music, sounds and videos, documents, drawings, figures, logos and any other material, in any format, including menus, web pages, graphics, colors, schemes, tools, fonts and Platform design, diagrams, layouts, methods, processes, functions and the software are protected by copyright and by any other intellectual property right of E-Keto Food and other rights holders. The reproduction, modification, duplication, copying, distribution, sale or otherwise exploitation of the images, the contents of the Platform is prohibited unless previously authorized in writing by E-Keto Food. Any use of the contents of the Platform for commercial and/or advertising purposes is also prohibited.
15.2 All other distinctive signs that distinguish the Products sold on the Platform are registered trademarks of their respective owners and are used by E-Keto Food under separate license agreements, for the sole purpose of distinguishing, describing and advertising the Products on sale on the Platform .
15.3 Any use of the distinctive signs mentioned above not in accordance with the law, unless expressly authorized, is prohibited. It is in no way permitted to use any distinctive sign present on the Platform to unduly take advantage of the distinctive character or reputation of these or in such a way as to cause damage to them and their owners.
15.4 Under no circumstances may the User alter, change, modify or adapt the Platform, nor the material made available by E-Keto Food.
16. Privacy
17.1 All information relating to the processing of the User's personal data can be obtained by consulting the Information on the processing of personal data on the Site.
Last updated: July 20, 2023
