Sealivery Terms and Conditions of Service

Welcome to Sealivery. On this page (and in the documents referenced) you will find the terms and conditions of service ("Terms and Conditions") that apply when you order products (the "Products") from our website https://Sealivery.it/it/ or from our mobile applications and related services (each referred to as the "Application").Please read these Terms and Conditions carefully before ordering any Items from our Application. If you have any questions regarding these Terms and Conditions, please contact Sealivery at info@sealivery.it before placing an order. If you are a consumer, please consider that you have certain special rights when ordering products using our Application.To view all applicable rights you may refer to Legislative Decree 6 September 2005, n. 206 ("Consumer Code").

Your rights are in no way overridden by these General Terms and Conditions, which apply in addition to your statutory rights and do not replace them. By creating your Sealivery account, you confirm that you accept these General Conditions.

1. General Information

Sealivery is managed by Sealivery S.R.L. (Tax Code 16191041009) with registered office in Piazza Buenos Aires 5, 00198 Rome. You can contact us at the e-mail address info@sealivery.it or by using the instant messaging function on our Application.

2. Purpose

Our goal is to connect you with restaurants we partner with ("Partner Restaurants") and allow you to order products for delivery (our "Service"). If you order from a Partner Restaurant, Sealivery acts as an agent on behalf of that Partner Restaurant to complete your order from our Application and to manage your experience during the ordering process. Once you place an order, your Products will be delivered to you by Sealivery ("Sealivery Delivery") or our Partner Restaurant ("Partner Delivery") (each referred to as "Delivery") depending on the Partner Restaurant you select. In some cases, the Partner Restaurant may be owned by or affiliated with us.

3. Account

Before you can place orders for Products using our app, you must open a Sealivery account ("Account"). When you open an Account, you must create a password or other secure access method and you must also provide your credit card information. You must keep any password you create, or other secure access method, secret and prevent others from accessing your Account, email or cell phone. If another person uses these methods to access your Account, you will be held solely and personally responsible for payment of all Products ordered and, accordingly, we cannot be held liable for any other losses incurred.You may close your Account at any time by requesting to do so in the account section of our Website or by contacting us using the contact details on the Website. We may suspend access to your Account or terminate it permanently if we believe your Account has been used by someone else. We may also terminate your Account if in our opinion you are not using it in accordance with these Terms and Conditions (for example, by requesting refunds or credit for which you are not entitled, making repeated unreasonable claims, mistreating our staff or riders, or any other reason). If your account is terminated permanently, we will refund any outstanding credit you have obtained from our customer support team or application as a result of a problem with an order, using your registered credit card or if this is not possible for any reason, by bank transfer using your bank details (provided that you have provided them to Sealivery in advance).

4. Service Availability

Each Partner Restaurant has a predetermined delivery area. This delivery area may change at any time due to factors such as weather or demand on our service. This is to ensure that orders reach the delivery address in the best conditions. Our Partner Restaurants each decide their own working hours. This means that the availability of our Service and the range of Partner Restaurants from which you can order depend on the Partner Restaurants in your area. If you attempt to order a Product from a location outside of a Partner Restaurant's delivery area or hours of operation, or if the application is otherwise unavailable for any reason, we will notify you that we will not be able to fulfill your requested order.

5. Orders

When you place an order through our Application, it must be accepted by Sealivery or Restaurant Partner before it is confirmed. If your order has been accepted, we will send you a notice (the "Confirmation"). The contract for the Delivery of any Item shall be deemed completed when you receive the Confirmation. You are responsible for paying for all Items ordered using your Account, for the associated delivery costs and for everything else provided in these Terms and Conditions, even if the Item was ordered by someone else. Some Partner Restaurants may require a minimum amount for each order. This will be displayed on our Application. All Products are subject to availability. Partner Restaurants may use nuts or other allergens in the preparation of certain Products. Please contact our Partner Restaurant before ordering if you have allergies or particular food intolerances. Sealivery cannot guarantee that the Products sold by our Restaurant Partners are free of allergens or substances intolerant to the customer.

6. Delivery

When you place an order, you will have the choice of ASAP delivery or scheduled delivery. For ASAP Delivery, we will tell you an estimated delivery time for your Item before you place your Order, but we will attempt delivery as soon as possible; you must then be available for Delivery from the time you place your Order. For a Scheduled Delivery, we will notify you of the time the Item is scheduled to be delivered; you must be available to pick up the Delivery between ten minutes before and ten minutes after that time. Unfortunately, despite our best efforts and those of our Partner Restaurants, factors such as weather conditions may prevent us from delivering your Item on time. If your order is more than 15 minutes late and we have not notified you of the option to cancel your order, we will work with you to get your Item to you as soon as possible unless you caused the delay (e.g., because you gave us the wrong location).We will attempt delivery to the location you provide to us when you place your order. If you need to change the delivery location after you place your order, we may only be able to change the delivery address if you inform us before the Item is delivered to the Delivery Agent and if the new location is in the same area as the address where the Item was originally ordered. If we cannot change the delivery location, you have the option to cancel the order, but if food preparation has begun you will be charged the full price of the Item, and if the courier has already departed you will also be charged for delivery.You will still be charged the cost for the Item and the cost for Delivery in the event of non-Delivery if it is your fault for any reason. The reasons for which
you may be held solely responsible for a non-Delivery include (but are not limited to) the following circumstances:you are not present at the location designated for Delivery, you do not answer the telephone when the Delivery Agent contacts you using the contact information you have provided to us, and/or you answer but then are unable to provide a delivery location within a reasonable amount of time, and the Delivery Agent is unable to find a safe place to leave the Item.
The delivery agent refuses to deliver the Item in accordance with Article 8 (Alcoholic Beverages).

7. Your Rights In the Event Of Product Errors

Subject to applicable law, you have the right to receive goods which conform to their description, are of satisfactory quality and meet the specific requirements which you provide to us (and which we accept) before placing your Order. If you believe that the Goods delivered to you do not comply with these rights, please let us know. We may require a photograph showing the problem if it is something that can be ascertained by visual inspection of the Goods.We will refund both the price paid for the item and the Delivery if a lack of conformity is established, unless there are reasonable grounds to believe that the problem was caused after Delivery. We may consider relevant factors including order details including your account history, what happened on Delivery and information from the partner restaurant. Refunds will never be made by riders.

8. Alcoholic Beverages

Alcoholic beverages may only be sold and delivered to persons 18 years of age or older. By placing an order for alcoholic beverages, you confirm that you are at least 18 years old. Sealivery in these cases, in addition to and in addition to the provisions of the rules on the sale of alcoholic beverages, applies the internal rule called "Challenge 25" under which customers who do not demonstrate an age of at least 25 years will be asked by the courier to provide proof that they are at least 18 years old. The courier may refuse to deliver alcoholic beverages to any person who does not demonstrate the appearance of a person at least 25 years of age or who cannot provide valid photo identification stating that he or she is at least 18 years of age. Partner Restaurant and Courier may also refuse to deliver alcoholic beverages to
any person who is, or appears to be, under the influence of alcohol or drugs. If delivery of alcohol is refused, you will still be charged for the related beverages and for delivery.

9. Cancellation

You may cancel an order without charge at any time before Restaurant Partners has begun preparing the food (an "Initiated Order"). If you wish to cancel an order before it becomes an Initiated Order, please contact us immediately via our Application. If Restaurant Partner confirms that the order was not an Initiated Order, we will refund your payment (excluding any discounts or vouchers applied to the order - see Voucher Terms for more details). If you cancel an order after it has become an Initiated Order, you will be charged the full price for the Goods, and if the delivery agent has already been engaged you will also be charged for the delivery.Sealivery and Restaurant Partner may inform you that an order has been cancelled at any time. You will not be charged for any order cancelled by us or the Restaurant Partner and we will refund any payment already made using the same method used to pay for your order. We may also provide a refund through your Account to make up for the inconvenience caused.

10. Prices, Payments and Offers

Prices are inclusive of VAT.
It is understood and confirmed that You are requesting our services and Products for personal, non-commercial purposes and not related to Your professional activity.
Sealivery may operate price variations during certain periods, which means that the prices of Products and delivery may change while you are browsing the Website. Prices may also change at any time at the discretion of Partner Restaurants.
We reserve the right to charge, in addition to the price of the Product, an amount as a commission for the provision of our services, which may be subject to change. You will be notified of any applicable amount (including commissions and taxes) prior to purchase on the checkout page on our app.
No changes will affect existing confirmed orders unless there is an obvious pricing error. Similarly, price changes will not affect orders in progress and appearing in your shopping cart, provided you complete your order within 2 hours of creating your order. If you do not complete your order within 2 hours, the Products will be removed from your cart automatically and the price change will be applied. If there is an obvious pricing error, we will inform you as soon as possible and you will have the option of confirming the order at the original price or cancelling the order without charge and with a full refund of all monies already paid. In the event that Sealivery or any Partner Restaurant makes a Delivery, Sealivery or the Partner Restaurant may also charge you an amount for the Delivery. This amount will be communicated to you during the ordering process before you complete your order. The total price of your order will be shown on the checkout page on our Application, including the prices for the Products purchased, including any additional applicable amounts (including taxes and commissions).Payment for all Products and Deliveries may be made on our Application by credit or debit card or other payment method made available by Sealivery. Once your order has been confirmed, your credit or debit card will be authorized and the total amount marked for payment. Payment is made directly to Sealivery as the agent of the Partner Restaurant. Payment may also be made by Voucher or through the remaining credit on the Account. Use of Vouchers is subject to acceptance of Sealivery's General Terms and Conditions for Vouchers and Discounts We are authorized by our Restaurant Partners to accept payments on their behalf and payment of the price of any Item or shipping charges to fulfill your obligations to pay such services to the Restaurant Partner.In some cases, you may alternatively make payment in cash at the time of Delivery. If cash payment is possible and legitimate, we will notify you on our Application prior to placing your order. We only accept cash payments in Euros. In case of "Cash Payment" mode, we do not accept orders over 50 euros.In addition, we do not accept payments with banknotes over 50 euros.Partner Restaurants sometimes make special offers available through our Application. These are visible when you look at a Partner Restaurant menu. These offers are offered at the sole discretion of the Partner Restaurants. Unless the terms of the offer state a fixed or minimum period for which an offer will be available, it can be requested at any time, unless you have already placed an order based on the offer and we have sent you a Confirmation.

11. Tips

When you place an order, you will have the option to make a discretionary payment of a gratuity to Sealivery in addition to the purchase price of the Products in your order. Sealivery will receive 100% of any tip you provide.

12. Liability

We are liable to you for any loss or damage suffered by you as a result of your failure to comply with these Terms and Conditions in connection with your use of our Service for all events that are foreseeable and avoidable using ordinary care. We are not liable for any loss or damage that is not foreseeable and unavoidable and in any event for facts not attributable to us. Loss or damage is “foreseeable” if it is obvious that it will happen, or if you have told us that it might happen, for example if you tell us about particular circumstances that might increase the loss or damage resulting from our breach of these Terms before placing an order.

13. Applicable Law and Jurisdiction

All claims and disputes arising in connection with these General Conditions will be governed by and construed in accordance with Italian law. For consumers residing in Italy, the mandatory regulations for the protection of consumers under Italian law (Consumer Code) will apply.Jurisdiction: any dispute arising from these Terms and Conditions concerning non-consumers will be devolved to the exclusive jurisdiction of the Court of Milan. In the event of a dispute arising from these Terms and Conditions concerning consumer users, the court of residence or domicile of the consumer shall have jurisdiction.

Alternatively, the consumer may file a complaint with the Online Dispute Resolution Platform (European ODR Platform) (Art. 14, par. 1 of EU Regulation 524/2013). For more information about the European ODR Platform or to file a complaint and initiate alternative dispute procedures relating to this contract, you can use the following link: http://ec.europa.eu/odr.If we or you have the right to enforce these Terms and Conditions, that right will be exercisable even if the person who has the right to do so is late in exercising it or waives his or her right. If a court or other authority decides that a part of these General Terms and Conditions is illegal or ineffective, the other parts will retain their validity and effectiveness.

We may amend these General Terms and Conditions at any time without notice. If we make changes that affect your rights in relation to our Service, we will notify you. Changes to the Terms and Conditions will not affect any order you place where we have sent you a Confirmation. EU law requires us to provide this link to the EU online dispute resolution portal, however we do not participate in dispute resolution as part of this process.Pursuant to and for the purposes of Articles 1341 and 1342 of the Civil Code, you, by registering your Account, expressly agree to the following articles:
5, 6, 7, 9, 10, 12, 14.