Terms and conditions

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 operated by E-Keto Food S.r.l.s., a company with its registered office in Forlì, Via Gorizia, 18 - VAT No. 04532980408 ("E-Keto Food" or the "Company"), which offers an online reservation and delivery service for ready-to-eat meals.

1. Contact

1.1 Pursuant to and in accordance with Articles 7 and 12 of Leg. n. 70 of 9.4.2003 and in accordance with Legislative Decree 6.9.2005, no. 206 (the "Consumer Code"), Feat Food informs users of the following information: the provider of the Services covered by the General Conditions is E-Keto Food S.r.l.s., with registered office in Via Gorizia 18 C.F./P.IVA 04532980408 - PEC: eketofood@messaggipec.it, registered with the Chamber of Commerce of Forlì-Cesena. Email address to which to send any communications: 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 provides the ability for users accessing the Platform (the "Users") to place an Order against the Company and receive the Order placed at the chosen address (all together, the "Service"). 2.3 On the other hand, these Terms and Conditions do not govern the provision of services or the sale of products by parties other than Feat Food, which are referred to on the Platform via hyperlinks or banners. The Company is therefore not responsible for the provision of services and/or products, as well as the conclusion of any contracts between the User and third parties other than Feat Food. If you have any questions, please email servizioclienti@soketo.it 2.4 The User is requested to print a copy of the General Terms and Conditions and\or store them on a durable medium.

3. Generalities and scope

3.1 These Terms and Conditions apply to all Orders placed by Users with the Company through the Platform and constitute the entire agreement between the parties, i.e. E-Keto Food and Users, with respect to its subject matter and supersede any prior contract, agreement or understanding reached between the parties with respect to such subject matter.
3.2 The General Conditions may be changed at any time. Any changes and/or new conditions will be in effect from the time of their publication in the "Terms and Conditions" section of the Platform, but will not apply to Orders already placed. To this end, we encourage users to regularly access the Platform and check for the publication of the most up-to-date General Conditions.
3.3 E-Keto Food, in the event of a change in these General Conditions, will send a notice by e-mail to all Users registered on the Platform, so that they can read it and remain updated on the changes that have occurred, which will be immediately applicable to Users.
3.4 The General Terms and Conditions are those in effect on the date the Order is placed by the User.
3.5 The User is solely responsible for the use of the Platform. E-Keto Food shall not be held liable for User's non-compliant use of the Platform in connection with (i) to applicable legal regulations or (ii) to these General Conditions. In particular, the User will be solely responsible for providing information and data that is incorrect, false, or related to third parties without their consent, as well as in consideration of their incorrect use.
3.6 E-Keto Food, finally, disclaims any liability for any damages resulting from the inaccessibility to the Service through the Site or the Application or from any damages caused by viruses, corrupted files, errors, omissions, service interruptions, content deletions, problems related to the network, providers or telephone and/or telematic connections, unauthorized access, data alterations, failure and/or malfunction of the User's own electronic equipment.

4. Subject

4.1 The Platform allows the User to reserve and pay for ready meals and a wide range of related products offered by the Company through an online reservation service. E-Keto Food through the Platform will send the User's Order to one of the affiliated laboratories which will prepare the chosen Products in the terms agreed with the User and will arrange for delivery to the home indicated by the User. 4.2 Based on the structure described above, the User establishes:

1. a contractual relationship with E-Keto Food in connection with the provision of the aforementioned internet booking and payment systems, for which E-Keto Food receives no consideration from You and which are governed by these Terms and Conditions and the Privacy and Cookie Policy;
2. 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 Article 7 below;

5. Platform Access and Registration

5.1 In order to use the Platform, the User may alternatively register with E-Keto Food or use the Platform without registration. Access to the Platform is allowed as long as the Platform is online. E-Keto Food is authorized to take the Platform offline for any reason it deems appropriate and shall not be liable for any unavailability, for any reason, of the Platform or any part thereof at any time or for any period of time. 5.2 Registration to the Platform is free of charge. To register, the User must complete the registration form, entering his or her first name, last name, an e-mail address, and a password (hereinafter the "Registration Credentials"). Registration is confirmed by e-mail sent to the address provided by the User.
5.3 Registration Credentials are to be used exclusively by the User and cannot be given to third parties. The User must notify E-Keto Food without delay in case of suspected misuse of the same. The Registration Credentials can be changed by the User at any time by accessing the "Profile" section on the Platform.
5.4 The User warrants that the Registration Credentials provided during the Platform registration process are complete, correct and true. User agrees to hold E-Keto Food harmless from any and all indemnification obligations, penalties arising e\or in any way related to User's violation of the Platform registration rules. You are solely responsible for accessing the Platform using your Registration Credentials and are directly liable for any damage or harm caused to E-Keto Food or any third party by misuse, loss, misappropriation by others, or failure to maintain adequate secrecy of your Registration Credentials. All transactions made using the Registration Credentials are considered to have been made by the User to whom the Registration Credentials refer.
5.5 The Service is provided in the Italian language.
5.6 A single registration can be made per User. Multiple registrations will be deleted by E-Keto Food.
5.7 In the personal "User" area on the Platform, the User can view 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 whomever they come from, that are abnormal 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 suspicious use of gift certificates under Art. 16.
5.9 You may at any time request to cancel your E-Keto Food membership by sending an email to servizioclienti@soketo.it

6. User Disclosure.

6.1 In accordance with the Legislative Decree of April 9, 2003, no. 70 containing provisions on electronic commerce, E-Keto Food informs the User that:

• To conclude the contract for the purchase of one or more Products on the Platform, the User must select the Products requested, complete the Order form in electronic format and transmit it to E-Keto Food, electronically, following the instructions that will appear from time to time on the Platform and that will accompany the different stages of the purchase;
• the contract is concluded when E-Keto Food registers and accepts the Order form, after verification that the Order data is correct and that payment has been made;
• before proceeding to the transmission of the Order form, the User will be able to identify and correct any data entry errors by following the instructions from time to time indicated in the Platform and which will accompany the different phases of the purchase of the Products; once the Order form has been registered, E-Keto Food will send to the User, at the e-mail address indicated by the same, a confirmation e-mail containing (i) A summary of the General Conditions, (ii) information regarding the characteristics of the Product purchased (iii) Of the time scheduled for delivery, (iv) the detailed indication of the price, (v) of the means of payment used, (vi) Of shipping costs and any additional costs as well as (vii) the indication of the service department. It is recommended that you keep the e-mail received as proof of purchase or store it on a durable medium;
• the Order form will be stored in E-Keto Food's database for the time necessary to process the Order and, in any case, within the terms of 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. Terms and conditions of booking, purchase and shipping

7.1 The Platform allows the User, including through a geo-location system, to locate covered zip codes to verify the delivery of Products in the area selected by the User.
7.2 All prices quoted in the Platform are in Euros (€) and include VAT. The User will be charged the price of the Product listed on the Platform at the time the Order was placed by the User.
7.3 To the price of the Product is to be added - in case of delivery of the Product by E-Keto Food, at the place indicated by the User - also the fee for the delivery of the Product. The cost of delivery charges is as explicitly stated in the Platform at the time of the Order. This amount will in fact be highlighted separately on the Order form, prior to its submission, and on the Order confirmation e-mail.
7.4 The Product will be shipped by E-Keto Food's courier partners. Product delivery times will vary for each shipment and are related to the location of Product delivery (so, purely by way of example, delivery times will vary based on Product preparation and cooking times, distance between Laboratory and User, etc.). Therefore, E-Keto Food does not assume any responsbaility in relation to delivery times, as they are not solely related to E-Keto Food's business, but to the many factors mentioned above.
7.5 E-Keto Food will process the Purchase Order only after receiving confirmation of authorization to pay the total amount due, consisting of the purchase price, shipping charges and any additional charges, as set forth in the Order Form.
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 in Art. 5.8.
7.7 The images and colors of the Products offered for sale by the Company may not match the real ones due to the Internet browser, the monitor used and, most importantly, given the particularity of the Products offered on the Platform. For these reasons, E-Keto Food advises the user to always check the characteristics given in the product sheets linked to each Product on the Platform.

8. Reservation changes or cancellations

8.1 The User may change 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 change and/or cancel the Order, the User will necessarily send an email to servizioclienti@soketo.it
8.3 If the ordered Product is unavailable, the User will be promptly notified by e-mail and the Purchase Order will be cancelled. In case of partial unavailability of the Order, the User may consider whether to cancel the entire Order or to keep part of it. In case of partial cancellation of the Order, E-Keto Food will apply the conditions provided in the following article.
8.4 In the cases provided for in Articles 8.1 and 8.3 above 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 accepts no responsibility for any delay in crediting, whether it depends on the banking institution or the type of credit card used for payment. In any case, the value date of the re-credited amount will be the same as that of the debit.
8.6 Subject to the assumptions in Articles 8.1 and 8.3 above, in accordance with the provisions of Art. 59, first paragraph (d), of the Consumer Code, the user cannot exercise the right of withdrawal for Products sold on the Platform, in the case of goods (mostly dishes) that are "likely to deteriorate or expire rapidly."

9. Shipment of Products To Italy

9 E-Keto Food will make deliveries only in areas where affiliated workshops are active.

10. Price, payment and billing

10.1 Payment for the 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 secure server-to-server connection using SSL (Secure Sockets Layer) Protocol with 128-bit encryption.
10.2 In case of non-payment, E-Keto Food will charge the costs related to the handling of the default to the User and reject the relevant Purchase Order, notifying the User by e-mail.
10.3 E-Keto Food makes every effort to ensure that the payment system provided is always available and functional, however, it cannot guarantee continuous and uninterrupted access. For more information about the payment system, please check the terms and conditions of the Paypal Platform (https://www.paypal.com/it/webapps/mpp/ua/useragreement-full).
10.4 The User will receive the tax invoice related to the Order by email, subsequent to the email request to the servizioclienti@soketo.it delivery by the User to the Company of the tax invoice related to the Order, specifying the Order code to which it refers.

11. Warranty and Conformity Defects

11.1 The legal guarantees provided for in Articles 129, 130 and 132 of the Consumer Code apply to the sale of the ordered Products. The User has the right, at his or her option and provided that the type of the product permits, to restoration, without charge, of the conformity of the product by repair or replacement, or to an appropriate price reduction, or to termination of the contract. The Client forfeits these rights if he/she does not report the conformity defect to E-Keto Food within the period of two months from the date on which he/she discovered the defect, provided that - as in the present case - it does not concern Product which by its nature is perishable or subject to expiry in a shorter period, in which case the defect must be reported within this reduced period.

12. Errors and limitations of liability

12.1 The information about the Products provided through the Platform is constantly updated. However, it is not possible to guarantee the complete absence of errors for which therefore E-Keto Food cannot be held responsible, except in cases of intent or gross negligence.
12.2 E-Keto Food reserves the right to correct errors, inaccuracies or omissions even after an Order has been placed, or to change or update information at any time without prior notice, without prejudice to the rights of the User as governed by these General Conditions and the Consumer Code.
12.3 Except in the case of willful misconduct or gross negligence, any right of the User to compensation for damages or the recognition of an indemnity, as well as any contractual or extra-contractual liability for direct or indirect damages to persons and/or property, caused by the non-acceptance or fulfillment, even partial, of an Order, is excluded.

13. Complaints

13.1 Any complaint regarding the Service or Order, should be submitted to E-Keto Food using the contact form accessible directly on the Platform or by sending an email support@soketo.it

14. Applicable law and place of jurisdiction

14.1 The sales contract between You and E-Keto Food is concluded in Italy and governed by Italian Law. For the resolution of disputes relating to the interpretation, execution or termination of these General Conditions or individual Purchase Orders if the User is a consumer under the Consumer Code, the court of his or her municipality of residence or domicile will have exclusive jurisdiction if located in the Italian territory; in all other cases, the territorial jurisdiction is exclusively that of the Court of Forlì, any other jurisdiction excluded.
14.2 Pursuant to Art. 14 of Regulation 524/2013 you are informed that in the event of a dispute you may file a complaint by means of the European Union's ODR platform accessible at the following link http://ec.europa.eu/consumers/odr/ (already operational since February 15, 2016). The ODR platform provides an access point for users who wish to resolve disputes arising from online sales or service contracts out of court. To this end, please be advised 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 content on the Site and Application, such as, but not limited to, 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, diagrams, tools, fonts and design of the Platform, diagrams, layouts, methods, processes, functions and software, are protected by copyright and all other intellectual property rights of E-Keto Food and other rights holders. Reproduction, modification, duplication, copying, distribution, sale or otherwise exploitation of the images, content 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 marks 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 for sale on the Platform.
15.3 Any use of the above distinctive signs not in accordance with the law, unless expressly authorized, is prohibited. In no way is it permitted to use any distinctive sign on the Platform in order to take unfair advantage of the distinctive character or renown of these or in such a way as to prejudice them and their owners.
15.4 Under no circumstances may the User alter, change, modify or adapt the Platform, or the material made available by E-Keto Food.

16. Privacy

17.1 All information regarding the processing of the User's personal data can be obtained by consulting the Privacy Policy on the Site. Last updated: July 20, 2023