Terms and Conditions of dishesonly
Users of the Services offered by dishesonly acknowledge and accept the terms and conditions of the contract.
Owner of dishesonly and related Services
COMPLETE srlPiazza Istria 12, 00198 Rome (Italy)
Chamber of Commerce of Rome
Paid up share capital: 45000 Eur
Information about dishesonly
Dishesonly is an e-commerce allowing Users to purchase handcrafted high-quality dishes online.
Content provided by the User
Users are responsible for their own content and that of third parties that they share through dishesonly, that they upload and post on or through dishesonly, or that they transfer by any other means. Users indemnify the Owner for any liability or claim arising against the Owner in connection with illegal distribution of third-party content or unlawful use of the service.
The Owner does not moderate the content provided by Users or by third parties but will act if complaints are received from Users or if orders are issued by the public authorities regarding content deemed offensive or illegal.
Rights over content provided by Users
The only rights granted to the Owner in relation to content provided by Users are those necessary to operate and maintain dishesonly.
Content provided by third parties
The Owner does not moderate the content or links provided by third parties before their publication on dishesonly. The Owner is not responsible for the content provided by third parties or for its availability.
Each order sent constitutes an offer to purchase the products. Orders are subject to availability and to the Owner’s discretionary acceptance.
Users must select the products and perform the check-out, after having attentively verified the information in the order summary. The order is placed by the confirmation of the same, and is subject to payment of the price, taxes and shipping and further payment fees indicated in the order summary.
The Order Processing Receipt does not constitute acceptance of the order. The contract shall be concluded at the time the Order Confirmation is sent by the Owner to the email address provided by the User. The Owner reserves the right to invalidate an order by informing the User within 20 days of purchase, using the email address associated with their purchase, about the unavailability of one or more of the purchased products. In this case, the Owner will refund the price and the shipping costs incurred by the User.
Any additional taxes or expenses (including customs charges, duties or VAT in the country of destination) that cannot be calculated in advance by the Owner are the full responsibility of the Users and shall be paid by them in accordance with the respective applicable law.
Availability of products
Prices, descriptions, or availability of the products displayed are subject to change without notice. The photos posted are of indicative nature and do not constitute a guarantee for the quality of the products.
The actual products may differ from the color shown in the pictures on the website, depending on the display of the device you're using to browse it. Due to their nature of being crafted one by one, handmade items may have slight imperfections and differences, which are part of their uniqueness and can't constitute reason of exception to the usual withdrawal terms.
The Order is completed in accord with the details specified on the order summary page and within the Order Confirmation email, subject to availability of the product ordered.
The Owner shall not be liable for damage suffered as a result of delays in delivery, which are not dependent on circumstances foreseen by the parties at the time of the order confirmation.
Payments can be either sent via PayPal or wire transfer. The Owner will not be deemed responsible for any problem preventing the payment from being performed or completed. Paying via wire transfer will put the order on hold until the wire transfer is completed.
Deliveries are made during normal business hours at the address indicated by the User and in the manner specified in the order summary.
Upon delivery, the User must verify the contents specifying any anomalies in the delivery form.
In case of failure to fetch by the deadline set by the carrier, the products will be returned to the Owner, who will refund the purchase price but not the shipping cost. The Owner cannot be held responsible for errors in delivery due to inaccuracies or incompleteness in the completion of the purchase order by the User, for any damage occurring to products after delivery to the carrier company or for delays in delivery attributable to it.
Right of withdrawal
In case of purchase of products or services via dishesonly the User has the right to terminate the contract without specifying the reason, within 14 working days. The withdrawal period expires after 14 working days from the day in which the User or a third party – other than the carrier and designated by the User – acquires the physical possession of the products. To exercise the right of withdrawal, the User is obliged to inform the Owner of their decision to withdraw by sending an unequivocal statement to the listed contacts.
Effects of withdrawal
Users who withdraw from this contract will be reimbursed all payments made on the Owner’s behalf, including those covering the cost of delivery (except for the additional costs arising from a possible choice of a certain type of delivery other than the standard delivery offered, which would have incurred lower delivery costs) without undue delay and in any event not later than 14 days from the day on which the Owner is informed of the User’s decision to withdraw from this contract. Such reimbursements will be made using the same means of payment as used by the User for the initial transaction, unless the User has expressly agreed otherwise; in any event the User shall not incur any costs as a result of such reimbursements. The reimbursement may be withheld until the receipt of the goods, or until the User has supplied evidence of having sent back the goods, whichever is the earliest.
The User shall send back the goods and return them to the Owner without undue delay and in any event not later than 14 days from the day on which they have communicated the withdrawal from this contract. The deadline is met if the User sends back the goods before the period of 14 days has expired. The costs of returning the goods will be borne by the User. The User is solely liable for any diminished value of the goods resulting from the handling of the goods other than what is necessary to establish the nature, characteristics and functioning of the goods.
Limitations on the right of withdrawal concerning products
Damaged goods, or goods used in any way other than what is strictly necessary to establish their nature, characteristics and functioning, will not be replaced or refunded. The User shall place a copy of the delivery receipt in the package.
The right of withdrawal does not apply to: goods that were made to the consumer’s specifications or clearly personalized or which, by their nature, are liable to deteriorate rapidly, are sealed and do not lend themselves to be returned for hygienic reasons or are related to health protection and were unsealed after delivery.
The User who buys as a consumer has the right to a guarantee of conformity for products and services bought within 24 months of their purchase, provided that notice is given to the owner of the defects found within 2 months of their discovery.
To exercise the right of guarantee of conformity, the User is obliged to return the product following the instructions in the appropriate section of this site, or in case of absence of such procedures, by contacting the Owner.
To exercise the right of guarantee of conformity, the User must send a precise description of the product and the defect (including the model, date of purchase, place of purchase). They also must attach a photo of the defective product.
All above elements are essential and will be verified by the Owner before communicating the instructions for returning the product, its repair or replacement to the User. Requests received after more than 24 months since the delivery of the product will not be considered in any way. For further information please write to the Owner.
The legal guarantee of conformity shall not extend to, and the Owner shall not be deemed responsible for, any defect or damage caused to the product by the User’s usage which doesn't follow the Care Instructions attached to the products and concerning:
- the most appropriate cleaning method to be used for each product (washing machine and/or hand wash, proper type of soap and/or type of brush);
- the correct usage of the product as a cooking and heating container (flame and/or induction cooker, oven and/or microwave);
- any special recommendations for a good maintenance of the product.
The Service is provided “as is”
The Service is provided by the Owner “as is”, with no express or implied warranty for accuracy or availability.
The Owner reserves the right to add and remove functionalities or features as well as suspend or even discontinue the Service, either temporarily or permanently. In case of final discontinuation, the Owner will do the utmost to allow users to withdraw their information hosted by the Owner.
Users are not allowed to reproduce, duplicate, copy, sell, resell or exploit any portion of dishesonly and of its Service without the Owner’s express permission, granted either directly or through a proper reselling program.
The User agrees to indemnify and hold the Owner, and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners and employees, as the case may be, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of the User’s content, use of or connection to the Service, violation of these Terms, or violation of any third-party rights.
Users may not:
- reverse engineer, decompile, disassemble, modify or create derivative works based on dishesonly or any portion of it;
- circumvent any technology used by dishesonly or its licensors to protect content accessible via it;
- copy, store, edit, change, prepare any derivative work of or alter in any way any of the content provided through dishesonly;
- use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve, scrape, or index any portion of dishesonly or its content;
- rent, lease or sublicense dishesonly;
- defame, abuse, harass, use threatening practices, threaten or violate the legal rights of others in any other way (such as rights of privacy and publicity);
- disseminate or publish content that is unlawful, obscene, illegitimate, defamatory or inappropriate;
- use dishesonly in any other improper way that violates these Terms.
All trademarks, nominal or figurative, and all other marks, trade names, service marks, word marks, illustrations, images, or logos that appear concerning dishesonly are, and remain, the exclusive property of the Owner or its licensors and are protected by the laws in force on trademarks and by related international treaties.
Users declare to be adult according to their applicable legislation. Under no circumstance may persons under the age of 13 use dishesonly.
Limitations of liability
The Owner, within the limits as currently set out by the applicable legislation, is liable for damage under contract and in tort to the Users or third parties only when such damage is the immediate and direct consequence, through willful misconduct or gross negligence, of the activity of dishesonly.
The User expressly releases and exempts the Owner from any liability, to the extent permitted by the applicable law, relating to possible damage or claims of any kind, including direct, indirect, punitive, incidental, special damages related to loss of profits, loss of revenues, loss of data or costs of substitution consequential or anyhow connected to the present agreement.
Changes to these Terms
The Owner reserves the right to modify these Terms at any time, informing Users by publishing a notice within dishesonly.
Users who continue to use dishesonly after the publication of the changes accept the new Terms in their entirety.
Assignment of contract
The Owner reserves the right to transfer, assign, dispose of by novation or subcontract all or any rights or obligations under these Terms, as long as the User's rights under the Terms are not affected.
Users may not assign or transfer their rights or obligations under these Terms in any way without the written permission of the Owner.
All communications relating to dishesonly must be sent using the contact methods stated in this document.
If any provision of these Terms is invalid or unenforceable, that clause will be removed and the remaining provisions shall not be affected and they will remain in force.
Governing law and jurisdiction
These Terms and any dispute concerning the implementation, interpretation and validity of this agreement are subject to Italian law.
The parties agree to resolve any dispute, within the limits of the applicable law, under the jurisdiction of the Italian courts with the exclusive jurisdiction of the court of Rome, Italy.
The service provided by dishesonly as described in these Terms and in dishesonly.
Any user of the Service, whether a human being or legal entity.
Terms and Conditions (or Terms)
These Terms of Service, which constitute a legally binding agreement between the User and the Owner.
Order Processing Receipt
Indicates the email that the Owner sends upon receipt of the Order.
Indicates the email that the Owner sends as shipping confirmation at the moment when the purchased products, or parts of them, are being dispatched.
Example withdrawal form
Addressed to the Owner [using their complete contact info]: I/We (*) hereby give notice that I/we (*) withdraw from my/our (*) contract of the sale of the following goods (*)/for the provision of the following service (*), Ordered on (*)/received on (*), Name of consumer(s), Address of consumer(s), Date