TERMS AND CONDITIONS OF WEBSITE USE AND SALE
These Terms and Conditions govern access to and use of the website, the digital platform and the ordering, payment, pickup and delivery services made available to users and customers.
1. BUSINESS OWNER AND SELLER
The food product sales service and the orders placed through the website are managed by:
Original Food Srl
Registered office: Via Pirandello 2, 98039 Taormina (ME)
VAT number: 03870230830
Tax code and Company Register number: 03870230830
REA: ME - 266092
PEC: original-food@pec.it
Email: originalfood2026@gmail.com
Original Food Srl is the entity responsible for the preparation, sale and delivery or making available for pickup of the products purchased by the customer.
2. TECHNOLOGICAL PLATFORM AND SOFTWARE OWNERSHIP
The IT platform used to provide the service is developed, technically managed and licensed for use by:
Benedetto Asta Web Company
VAT number: IT02951290812
Via Balduino 15/a, 91011 Alcamo (TP)
PEC: benedettoasta2020@pec.it
The software, source code, application code, architecture, backend and frontend components, data structures, functionalities, administrative tools and related technical solutions of the platform remain the exclusive property of the respective rights holder, Benedetto Asta Web Company, except for third-party components used under their respective licences.
Original Food Srl holds exclusively the right to use the platform in accordance with the agreements made with the technical provider. This right of use does not entail transfer, assignment or attribution of ownership of the software or its source code.
The end user acquires no right to the software as a result of using the site or purchasing products.
3. ROLES AND RESPONSIBILITIES
Original Food Srl is the seller of the products and the entity with which the customer establishes the commercial relationship arising from the order.
Original Food Srl is responsible, under applicable law, for the commercial information provided, the products sold, the ingredients, the declared allergens, the prices, the preparation of orders, the availability of products and the performance of pickup and delivery services.
Benedetto Asta Web Company operates exclusively as a provider of the technological platform and related technical services and is not the seller of the food products nor a party to the sales contract concluded between Original Food Srl and the end customer.
In any case, each party remains liable for the activities it directly carries out and in the mandatory cases provided by law.
The economic and contractual relationships between Original Food Srl and Benedetto Asta Web Company, including the fees related to the use of the platform, technical integrations, payment services and any third-party services, are governed by separate agreements between the parties and do not affect the price shown to the end customer, except for any amounts expressly indicated at checkout before order confirmation.
4. SUBJECT OF THE SERVICE
The platform allows, depending on the active features, to:
- browse products, menus, categories and offers;
- view ingredients and allergen information;
- create and manage a customer account;
- add products to the cart;
- place orders online;
- pay for orders online using the methods made available at checkout;
- request home delivery, if available;
- select pickup at the venue, if available;
- check the status and history of your orders;
- use coupons, promotions or offers when available.
5. CUSTOMER ACCOUNT
Registration of an account may be required for some features. The user is required to provide accurate, complete and up-to-date information.
Login credentials are personal and must be kept with due diligence. The user is responsible for operations carried out through their account when these result from use of their own credentials, except for abusive uses not attributable to the user.
The operator may suspend or restrict an account in the presence of fraudulent use, abuse, attempts to compromise the service, manifestly false orders or other violations of these Terms, without prejudice to what is provided by applicable law.
6. PRODUCTS AND INFORMATION
Product descriptions, images and representations are for informational purposes.
Due to the artisanal and food nature of the products, the actual appearance may present normal differences compared to the published images without this necessarily constituting a product defect.
Ingredients, composition and availability may be modified. For allergies or intolerances, the customer is invited to always consult the dedicated allergen section and, if necessary, contact the venue directly before placing the order.
7. PRICES
The valid prices are those displayed at the time of the order.
Before final confirmation, the customer is shown the total amount of the order, including any delivery charges, surcharges or other applicable amounts.
In the presence of an obvious and recognisable pricing error, the seller may refuse or cancel the order by promptly informing the customer and, where necessary, refunding any amounts already paid.
8. PRODUCT AVAILABILITY
The availability displayed on the site may change in real time.
If, after the order is submitted, one or more products are exceptionally unavailable, Original Food Srl may contact the customer to propose a modification or proceed with the cancellation, in whole or in part, of the order with a refund of any amounts already paid for the products not supplied.
9. ORDER PROCEDURE
The customer selects the desired products, checks the contents of the cart, provides the information required for the chosen service and views the financial summary of the order before confirmation.
Before final submission, the customer is required to verify products, quantities, address, contact details, pickup or delivery method and total amount.
Orders placed through the platform must be completed using the payment method made available at checkout. Choosing pickup at the venue concerns exclusively the method of performance and delivery of the order and does not, in itself, entail the right to pay at the venue.
10. ORDER CONFIRMATION AND ACCEPTANCE
The technical receipt of the order by the platform does not automatically guarantee the material possibility of fulfilling it.
The order is considered correctly acquired when the system confirms its receipt and, in the case of online payment, when the payment procedure is completed successfully, without prejudice to the seller's right to refuse the order in the cases provided for by these Terms.
If an order already paid for cannot be accepted or fulfilled, Original Food Srl will proceed with cancellation and refund in accordance with the provisions of the following paragraphs.
11. PAYMENTS
Orders placed through the platform, including orders with pickup at the venue, must be paid online at the time of the purchase procedure, unless a different payment method is expressly made available at checkout.
The customer may use exclusively the payment methods made available during the purchase procedure.
Before order confirmation, the total amount due is shown, including the price of the products, any delivery charges and any further applicable amounts.
The technical management of payment may be entrusted to payment service providers and other third-party technical providers integrated into the platform. The customer may be redirected to or interact with external interfaces necessary to complete the transaction.
The customer is responsible for using a valid payment method, legitimately usable and with the necessary funds to carry out the transaction.
In the event of a refused, unauthorised, interrupted or otherwise incomplete payment, the order is not considered correctly paid and may not be taken on.
The mere display of a reservation, temporary authorisation or movement not definitively accounted for does not necessarily equate to payment definitively acquired.
12. REFUNDS
When a refund is due, it is made without undue delay according to the technically available methods and, as a rule, using the same method used for the original payment, unless otherwise agreed or technically necessary.
The time it takes for the amount to become materially available may also depend on the circuits and financial intermediaries used by the customer and are not always directly controllable by Original Food Srl.
13. HOME DELIVERY
The delivery service is available exclusively in the areas, at the times and under the conditions indicated on the platform.
The customer must provide a complete and correct address and a telephone contact usable during the fulfilment of the order.
The indication of the address and any localisation used by the platform serve the correct fulfilment of the delivery and the verification of service coverage.
14. CUSTOMER NOT FOUND OR INCORRECT ADDRESS
The customer is responsible for the correctness of the information provided for delivery.
If delivery cannot be completed due to an incorrect address, insufficient information, failure to answer the contact details provided or absence of the recipient, Original Food Srl may consider the service not performable for reasons attributable to the customer.
The possible option of a second delivery, a new attempt or a refund will be assessed in relation to the specific circumstances, the perishable nature of the products and the costs already incurred.
15. PICKUP AT THE VENUE
For pickup orders, the customer is required to present themselves at the venue indicated during the ordering procedure and in accordance with the communicated time.
Pickup at the venue constitutes a method of delivery of the order and not a method of payment. Unless the checkout expressly provides for a different option, even orders intended for pickup must be paid online before their correct acquisition.
Failure to collect within a reasonable period may compromise quality, temperature and organoleptic safety of the product.
16. PREPARATION AND DELIVERY TIMES
The times displayed by the platform represent estimates made based on workload, distance, traffic, product availability and operating conditions.
Unless otherwise required by law or a specific commitment undertaken, a reasonable delay compared to the estimate does not in itself constitute non-performance.
17. ORDER MODIFICATION AND CANCELLATION
Once preparation of a food product has begun, a request for modification or cancellation may no longer be materially executable.
The customer is therefore invited to immediately communicate any errors or requests for modification.
Acceptance of the modification or cancellation will depend on the actual state of processing of the order and on applicable law.
18. RIGHT OF WITHDRAWAL AND FOOD PRODUCTS
The consumer rights provided by current legislation remain fully applicable.
The customer nevertheless acknowledges that, in the cases provided by legislation on distance contracts, the right of withdrawal may be excluded, among other things, with reference to goods that risk deteriorating or expiring rapidly and the other categories of goods for which the law provides specific exceptions.
Given the nature of the prepared and food products marketed through the platform, such exceptions may be applicable to the order actually placed.
19. ALLERGIES, INTOLERANCES AND CONTAMINATION
The allergen information available on the site forms part of the food information made available by the seller.
In the presence of severe allergies, particular intolerances or dietary needs that may involve health risks, the customer is required to contact Original Food Srl directly before placing the order.
The presence in the same preparation environment of different ingredients may involve risks of cross-contamination, which will be indicated where applicable in the dedicated section.
20. PROMOTIONS, OFFERS AND COUPONS
Coupons, promotions, discounts and offers are subject to the conditions, expiry dates, thresholds, limitations and availability indicated in the relevant initiative.
Unless otherwise indicated, they cannot be combined with each other.
Fraudulent, anomalous or contrary to the conditions provided use may result in their cancellation.
21. USER OBLIGATIONS
The user undertakes to:
- provide true, correct and up-to-date information;
- not use third-party data or payment instruments without authorisation;
- not place false, fraudulent or simulated orders;
- not compromise the security, stability or availability of the platform;
- not attempt unauthorised access to restricted areas;
- not interfere with databases, APIs, servers or connected systems;
- not use automated systems for abuse, scraping or overloading of the service.
22. SUSPENSION OR REFUSAL OF SERVICE
Original Food Srl may refuse or cancel orders in the presence of product unavailability, impossibility of delivery, operational problems, obvious errors, suspected fraud, violations of these Terms or events that make it impossible to perform the service.
When the customer has already made a payment for an order that will not be fulfilled, the applicable refund procedures will be adopted.
23. PLATFORM AVAILABILITY
The platform may be temporarily suspended or restricted for maintenance, updates, security interventions, technical problems or causes not reasonably controllable.
No IT system can be guaranteed as available uninterruptedly and free of errors at all times.
24. LIABILITY
Original Food Srl is liable for the activities of sale, preparation and supply of the products and services directly provided to the customer according to applicable law.
Benedetto Asta Web Company is liable exclusively for the technical activities directly attributable to it and assumes no liability for preparation of the products, food quality, availability, ingredients, allergens declared by the seller, commercial management of the order, material delivery or other activities proper to Original Food Srl.
No provision of these Terms is intended to exclude or limit liability that cannot be excluded or limited under applicable law.
25. INTELLECTUAL PROPERTY
Trademarks, trade names, photographs, content and materials belonging to Original Food Srl or to third parties remain the property of their respective owners.
The platform software, its source code, its functionalities, application architecture, technical structures and components developed specifically by Benedetto Asta Web Company remain the property of Benedetto Asta Web Company.
Unless prior written authorisation from the holder of the relevant rights is obtained, copying, reproduction, modification, distribution, decompilation, extraction, publication, granting to third parties or unauthorised exploitation of the software or its components is prohibited, without prejudice to the cases mandatorily permitted by law.
26. SECURITY AND UNAUTHORISED ACCESS
Administrative areas, APIs, internal systems and management tools are intended exclusively for authorised parties.
Attempts at abusive access, scanning, alteration, tampering, circumvention of security measures or use of features for unlawful purposes are prohibited.
27. PERSONAL DATA PROTECTION
The processing of personal data is governed by the Privacy Policy and the Cookie Policy published on the site.
28. COMPLAINTS AND SUPPORT
For problems relating to products, orders, payments, delivery, pickup or refunds, the customer may contact:
Original Food Srl
Email: originalfood2026@gmail.com
PEC: original-food@pec.it
Strictly technical requests relating to the operation of the platform may be forwarded to or handled by the technical provider on behalf of the service owner.
29. APPLICABLE LAW AND COMPETENT COURT
These Terms are governed by Italian law.
For the consumer, the court mandatorily provided by applicable law remains competent, including, where provided, that of the place of residence or domicile of the consumer.
30. CHANGES TO THE TERMS
These Terms may be updated for regulatory, commercial, operational or technical reasons.
The applicable version is published on the site with an indication of the version and its effective date.