TERMS & CONDITIONS OF SALE
GENERAL TERMS AND CONDITIONS OF SALE
ARTICLE 1 - PREAMBLE AND OBJECT
1. TITLE
This document is entitled “TASTO: GENERAL TERMS AND CONDITIONS OF SALE”
The following terms, contained in this document, must be read and interpreted with the singular or plural meaning defined as follows:
“Contract”: the contract between the customer and the seller under the conditions hereinafter set forth;
“Customer” or “you”: any third party making a purchase on the website, including the consumer, i.e. “any natural person who acts for purposes that do not fall within the scope of their commercial, industrial, craft activity or their profession”;
“General terms and conditions”: this document;
“Information”: any information available on the website relating to the items and services proposed therein;
“Merchandise”: any item or service sold on the website;
“Order”: the order of goods made by the customer in accordance with the conditions of Article 3.1 of the general terms and conditions;
“Party” or “parties”: the customer and the seller, either individually or collectively;
“Seller” or “us” or “we”: L’ITALIANO SA, owner of the TASTO website and brand, established and having its registered office at L-3225 Bettembourg, 105 zone industrielle Scheleck 1 – BP 76 – registered with the Luxembourg Trade and Companies Register under number B68 186
“Terms of use”: the general terms and conditions of use of the website available on the website;
“Website”: the e-commerce website accessible at the web address www.tasto.eu;
- The seller is the publisher and operator of the TASTO brand and the website www.tasto.eu
- The object of the website is the sale of various goods in the field of distance selling of food, in particular by electronic means via the website.
- This document defines the general terms and conditions of sale applicable to all purchases concluded between the seller and the customer on the website.
- The goods available for sale on the website contain a description that is as accurate as possible based on the information provided by the suppliers supplying the seller.
- The information disseminated on the website, whatever its form (photos, texts, etc.), is provided for information purposes only and is not contractual in nature.The seller cannot guarantee the accuracy, precision or completeness of the information.
- The seller cannot guarantee the accuracy, precision or completeness of the information.
- The Seller declines any liability for damages resulting directly or indirectly from:
- Any vagueness, inaccuracy or omission in the information;
- The impossibility for the customer, whatever the cause, origin or nature, to access the website;
- The use made of the information and/or use of a product or service to which the information refers.
- It is the customer’s responsibility to verify the accuracy of the information and its use. In case of doubt about the characteristics of the goods, the customer can contact the seller by e-mail at the address
- The general terms and conditions are agreed between the above-described seller and the above-described customer.
- The general terms and conditions in force on the date of a purchase shall exclusively govern the contractual relationship between the customer and the seller in relation to the contract, from its formation to its implementation.
- They shall always apply, unless otherwise stipulated in a written document signed by either party which shall be binding upon such party.
- The general terms and conditions shall be drafted in French.
- The descriptions of the products available on the website and other texts used for the general purpose of navigating the website shall be drafted in French.
- The Seller reserves the right to modify its service at any time without any formality other than the presence of an online warning and to make the resulting modifications in these general terms and conditions.
- In all cases, the customer is assumed to have taken cognizance of the general terms and conditions and to have accepted them upon confirmation of their order.
- The modified general terms and conditions shall be available on the website with reference or referral made to the previous general terms and conditions.
ARTICLE 2 - STATEMENTS BY THE PARTIES
1. Legal Notice
The site is the property of the seller who informs you of the following information in accordance with Article 5 of the Electronic Commerce Act of 14 August 2000, as amended:
• Registration number in the Luxembourg Trade and Companies Register: B68 186
• Intracommunity VAT number: LU17809304
• Publisher: marketing department
• Communications: general management
• Hosting provider: ION
• For more information, contact info[at]tasto.eu
2. Disclaimer
The goods available for sale on the website contain a description that is as accurate as possible based on the information provided by the suppliers supplying the seller.
The information disseminated on the website, whatever its form (photos, texts, etc.), is provided for information purposes only and is not contractual in nature.
The seller cannot guarantee the accuracy, precision or completeness of the information.
The Seller declines any liability for damages resulting directly or indirectly from:
• Any vagueness, inaccuracy or omission in the information;
• The impossibility for the customer, whatever the cause, origin or nature, to access the website;
• The use made of the information and/or use of a product or service to which the information refers.
It is the customer’s responsibility to verify the accuracy of the information and its use. In case of doubt about the characteristics of the goods, the customer can contact the seller by e-mail at the address
- The customer guarantees that he has the status of a natural person consumer as defined in clause 0.2 by Luxembourg law and jurisprudence.
- By accessing the website and opening an account in order to place an order on the website, the customer has undertaken to observe the general terms and conditions of use of the website contained therein.
- As part of their purchasing process on the website, the customer has the opportunity to take cognizance of the general terms and conditions and declares having read them, understood their full terms and accepted them in their entirety.
- Before being able to validate their shopping cart by placing their order with the seller, the customer must tick a box relating to the general terms and conditions which also contains a link to such general terms and conditions.
- By confirming their order, the customer declares having taken cognizance of the general terms and conditions, understood all of the terms used therein, undertaken to observe them and accepted them without reservation.
ARTICLE 3 - THE ORDER AND THE CONTRACT
- The information on the website does not in any way constitute a contractual proposal so that the mere will of the customer to acquire them cannot in and of itself give rise to a contract between the parties.
- The information provided by the customer when they are on the website constitutes an order made by them that falls within the scope of the general terms and conditions.
- Orders are placed in 3 clicks, as follows:
- • On the first click, the customer places the goods he wishes to purchase into his online shopping cart on the website;
- • On the second click, the customer accepts the general terms and conditions;
- • On the third click, the customer validates his shopping cart.
- When the customer validates the shopping cart, an order is placed with the seller by the customer.
- The seller acknowledges receipt of the customer’s order by sending the latter a confirmation e-mail to the email address that the customer has entered into his account details.
- The order confirmation contains the following information:
- • A comprehensive summary of the purchases made;
- • The likely delivery time;
- • These general terms and conditions;
- • The postal and electronic contact details of the seller to which the customer may address any complaints; information on the terms and conditions of the right of withdrawal;
- • Information about after-sales services and commercial guarantees offered by the seller.
- The contract shall be deemed to be formed at the time of sending the confirmation e-mail, with acknowledgment of receipt, to the customer.
- The contract shall be deemed to have been executed at the registered office of the seller at 105 zone industrielle Scheleck 1, L-3225 Bettembourg.
- The executed contract shall be archived by the seller, and the customer shall have the confirmation of their order.
- Without prejudice to the foregoing, the Parties agree that computer recordings made within their respective computer systems under reasonable security conditions shall be admitted as evidence of their relationship or the contract binding them.
- Under the terms of the contract, the retention of computer data shall take place under reasonable security conditions if documents are systematically saved in a permanent and unalterable database.
ARTICLE 4 - INVOICING
The sale price of the goods is stated on the website in Euros (€) including all taxes and excluding delivery costs.
The customer shall be informed of any delivery costs through the information provided on the website and the amount thereof shall be stated to the customer as soon as he has filled in the delivery address.
The total amount of an order – which may comprise several goods – shall be stated to the customer during the order process and before they confirm the order.
The seller reserves the right to modify the prices at any time but undertakes to apply the rates stated on the website at the time of the order.
However, if the price is incorrectly displayed, obviously paltry or low, for whatever reason, the order – even if it has been validated by the seller – shall be cancelled.
The seller shall inform the customer of the cancellation as soon as possible.
The customer may then, if he so wishes, place a new order at the corrected and correct price.
The prices of the goods include the VAT applicable on the date on which the contract is entered into, unless otherwise stated.
Reimbursement of value added tax (VAT):
Pursuant to Article 151 of Directive 2006/112/EC, supplies of goods and services may be exempted from VAT.
The supplies of goods and services ordered by persons belonging to the following organisations shall be eligible for a reimbursement of the VAT:
Deliveries of goods and services ordered for official use by:
• Foreign diplomatic missions
• Foreign consular representations
• European bodies to which the Protocol on the Privileges and Immunities of the European Union applies
• International organisations
• The armed forces of a state party to the North Atlantic Treaty (NATO forces).
Deliveries of goods and services ordered for private use by:
• Members of a diplomatic mission
• Members of a foreign consular representation
• Staff members of an international organisation (as well as members of their families living at their home address).
In order to obtain a reimbursement of VAT, eligible persons must provide the seller’s financial department with the VAT exemption certificate, duly stamped by the competent authorities of the country in which their registered office is located.
The invoice for the goods ordered from the website shall be drawn up after delivery of the order has been completed and at the end of the 14-day period of withdrawal.
The invoice will be sent by e-mail to the address specified in the personal section of the customer account. The customer may also download the invoice from the personal section of their customer account.
ARTICLE 5 - PAYMENT
Payment shall be made after delivery of the goods according to the system chosen by the customer below.
The following payment methods are made available to the customer on the website, the debit being made at the time of confirmation of the delivery:
• Payment by debit card, Visa and Mastercard
• Payment via Paypal account
The customer shall also have the possibility to pay for his purchases via Paypal, the leader in secure online payment. Paypal enables the customer and the seller to send and receive payments online.
The seller shall ensure the security of payments.
The seller shall ensure that all payments made online from their website by debit card or credit card are made via the “SSL” secure communication protocol, a data transfer standard that supports multiple security services and provides encryption of information exchanged, server authentication, and message integrity.
The seller has implemented a system to verify the reliability of the information entered by the customer when opening their account on the website and when registering an order.
If the banking or credit institution refuses to authorise the payment, the seller may consider the sale as null and void.
In addition, in the event of an automatic alert triggered by the customer’s order information, the seller’s compliance department may request additional information from the customer and certain supporting documents – e.g. a copy of the identity document, proof of domicile, etc. – on the basis of which the seller may validate or cancel the customer’s order.
The customer has a right of access, rectification and opposition to all personal data concerning them.
The customer may submit their application to L’ITALIANO SA, owner of the TASTO website and brand – Service administratif – 105, zone industrielle Scheleck 1 – BP 76 – L-3225 Bettembourg, with proof of their identity.
Any sum owed to the seller shall bear, upon its due date and without the need to issue a formal notice, default interest at the rate of 1% per month, and any month started shall be counted as a full month.
Interest shall also be payable at the rate specified above in the event of revocation of any payment.
In such case, interest shall also be calculated from the day after the date on which the invoice was issued.
The seller shall also owe an equivalent interest of 1% per month to the customer for any sum unpaid by the seller at its due date as specified in these general terms and conditions or within eight days upon a statement of accounts being sent by the customer.
In case of non-payment of one of the seller’s invoices, a lump sum payment equal to 15% of the amount due with a minimum of 75.00 EUR for each invoice for administrative, collection, judicial and extra-judicial costs incurred without prejudice to costs awarded as part of legal proceedings.
Amounts due under this Article shall be accumulated by invoice.
ARTICLE 6 - AVAILABILITY AND DELIVERY OF GOODS
The seller displays the availability of the goods on the website on the basis of the information provided by his suppliers.
The goods offered on the website may only be ordered within the limit of available stocks, and promotional offers shall only be offered within the timeframe stated on the website.
When processing the order, the seller undertakes to inform the customer as soon as possible if the ordered goods turn out to be unavailable.
The seller commits to honouring the customer’s order within the limit of the stocks available from his suppliers.
Orders placed on the website are broken down in real time for the benefit of the suppliers of the goods and services contained in the customer’s shopping cart.
In the event of definitive unavailability of the goods, the seller undertakes:
• To inform the customer as soon as possible;
• To reimburse the customer, if applicable, the price corresponding to the item or service within a maximum period of 30 days following payment if such payment has been made using a debit/credit card.
The goods purchased on the website by the customer can be delivered to Luxembourg, the greater region (France, Belgium and Germany) and internationally.
Deliveries shall be made to the address provided when placing the order on the website. One or more delivery addresses can be entered in the customer account section. One of these addresses must be selected and confirmed at the time of placing the order.
In a later step, pick-up points will be added to the list of possible delivery addresses if the customer chooses this method of delivery. No deliveries shall be made to PO boxes.
A single order may be delivered to two different addresses, but only in the case where a part of the order is composed of “lunch”-type food goods. Such goods may be delivered to one address, and the rest of the order consisting of non-“lunch” items may be delivered to a second address.
If the order consists only of non-“lunch” goods, only one delivery address will be available.
In the event that the recipient is absent at the time of delivery, the customer shall be obliged to make another appointment with the seller and the goods shall only be delivered against reimbursement of the additional delivery costs incurred.
All orders placed before 4pm shall be delivered within 24 to 48 hours in Luxembourg.
Carriage of deliveries outside Luxembourg, which require different logistical arrangements, shall be carried out by the seller’s partners and/or subcontractors, within 24 to 72 hours.
The stated delivery period of the order, given for information purposes only, shall not bind the seller to any obligation of result in this respect.
The seller shall make every effort to observe the stated delivery times and shall inform the customer of any delay in the stated delivery time due to circumstance beyond his control.
In the event of non-receipt of a parcel within the stated timeframe, the customer is advised to report this to the seller so that a search can be carried out, which search may take several days.
In any case, in the event of a delay in delivery exceeding 17 days from the stated delivery date, not due to force majeure, the customer shall be entitled to cancel his order by registered letter with acknowledgment of receipt sent to the seller.
In such case, the seller undertakes to reimburse the customer the sums paid as soon as possible and at the latest within a period of 30 days following the customer’s request in accordance with the provisions of the general terms and conditions.
The delivery costs for non-“lunch” goods sent to a private address are calculated on a flat-rate basis according to the criteria set out in the table below.
If the customer’s order includes goods shipped by more than one merchant partner, the customer shall pay the shipping costs only once.
If the customer’s order includes goods that must be shipped in several deliveries, the customer shall pay the shipping costs only once.
The delivery costs, calculated according to the characteristics of the goods ordered and the delivery address, shall be specified to the customer at the time of the order and in any case before the customer confirms the order.
ARTICLE 7 - RISKS AND RESERVATION OF TITLE
The goods shall be transported at the seller’s risk until delivery to the address specified by the customer. The latter shall bear the risks alone from the time of delivery of the goods to the customer.
The customer shall bear alone the risks associated with the transport of the goods within the scope of Article 7 below.
The seller shall remain the owner of the goods ordered by the customer until the customer has paid the full price of the goods within the terms of the general terms and conditions.
ARTICLE 8 - RECEIPT OF THE GOODS AND RIGHT OF WITHDRAWAL
Upon receipt of the goods, the customer has the obligation to check whether the delivered goods match their order.
If such is not the case, the customer must specify without delay on the delivery note and in the form of a precise handwritten record accompanied by his signature, any anomaly concerning the goods and return it by registered letter with acknowledgment of receipt to the seller within two weeks from the expiration of the period specified in Article 7.2.
In the absence of a declaration of non-conformity of the goods in the form and under the conditions mentioned above, the customer may not assert his rights as a result thereof.
After the expiration of the period specified in Article 7.2, the goods shall be deemed to have been accepted by the customer as conforming to the order and the apparent defects declared after the said time limit shall be irrefutably presumed to be non-existent.
This article shall apply to claims made under warranty or after expiry of the warranty.
The customer shall bear the burden of proof as regards that which he claims to be a lack of conformity.
The client shall have a period of fourteen (14) calendar days within which to withdraw from a distance contract or from an off-premises contract without having to give reasons for his decision.
The right of withdrawal shall not give rise to any penalty.
After the period of withdrawal, the contract shall become firm and irrevocable and may no longer be cancelled in whole or in part, unless otherwise agreed in a written document signed by both parties.
If the customer exercises his right of withdrawal in respect of the goods within the stated period, he must return the goods to the address L’ITALIANO SA owner of the TASTO website and brand – Service administratif – 105 zone industrielle Scheleck 1 – BP 76 – L- 3225 Bettembourg, in their original packaging.
The customer must however be informed that, for reasons of hygiene and due to regulations, certain goods do not fall within the scope of this right of withdrawal, including foodstuffs in particular.
Unless otherwise agreed in writing between the parties, the customer may not exercise the right of withdrawal in the following cases:
• Provision of services the performance of which began with the client’s agreement before the end of the period of withdrawal;
• Provision of goods made at the customer’s request or which, because of their nature, cannot be re-shipped or are liable to deteriorate or to expire quickly (e.g. provision of “lunch”);
• Provision of audio or video recordings or computer software either unsealed or downloaded by the consumer;
• Provision of newspapers, periodicals or magazines;
• Provision of goods or services whose price varies according to fluctuations in the financial market, which the seller is not in a position to control.
If the goods are returned in their original packaging without having been damaged or used, the seller shall credit the customer with the purchase price, including shipping costs (except for additional costs arising from the customer having chosen, if applicable, a delivery method other than the least expensive standard delivery method proposed by the seller) without undue delay, and as soon as the goods have been checked within a period of fourteen (14) days from receipt by the seller of the returned goods.
In order to exercise his right of withdrawal, the customer must fill in and return the form below or send an unambiguous statement setting out his decision to withdraw from the contract.
• ATT: L’ITALIANO SA, owner of the TASTO website and brand
• Service clients tasto
• BP76
• L-3201 Bettembourg
I / we (name and surname of the customer) hereby notify you of my/our withdrawal from the contract relating to the sale of the goods (name and quantity of the goods and order number) / to the provision of the service (name and quantity of the service and order number) ordered on (date of order) / received on (date of receipt of the goods) name of the consumer(s)
Address(es) of the consumer(s)
Signature(s) of the consumer(s)
Date
ARTICLE 9 - GUARANTEE AND REPAIR OF GOODS
In accordance with the law, the seller guarantees the goods that he sells and the customer benefits from the legal guarantee of non-conformity and latent defects which render them unsuitable for the use for which they are intended, or which so diminish such use that the client would not have acquired them, or would have paid a lesser price for such if he had been aware of such defects.
The customer is entitled to a withdrawal period of 14 days from receipt of the ordered goods which has been confirmed by the seller, without the need to provide justification.
For the purposes of clause 9, the customer must produce the confirmation of the order and proof of payment of the goods, excluding any other documents, to the seller.
No warranty other than the provisions of the General Terms and Conditions may be invoked in respect of the seller for the benefit of the customer.
All goods sold shall be covered by the legal warranty against latent defects, as follows:
• Foodstuffs are packaged in a protected atmosphere and in accordance with the regulations in force in the field of the HACCP standard. The supplier, from whom the seller procured the goods, shall bear sole liability for any defect in the manufacture or due to an alteration of the product found at the time of delivery by the customer;
• Non-food goods are covered by the warranty produced by the seller’s suppliers. Any warranty for any merchandise whatsoever shall, however, be limited to the normal use of the product by the customer or user ;
• Non-material goods (e.g. travel, beauty care, personal service, etc.) are offered for sale from the seller’s website on the basis of the characteristics of the product provided by professional service providers having obtained the necessary regulatory approvals. The supplier of the seller who organises, carries out or performs the service purchased by the customer shall bear sole liability for the making available of such commercial products.
In order to implement the legal warranty of the seller, the customer must, by any means whatsoever, denounce the lack of conformity to the seller within a period of two years from the delivery of the goods.
No prescription may be acquired before the expiration of such period. The customer shall lose entitlement to a two-year period of warranty from the time of the denunciation as provided for in the preceding paragraph, unless he was prevented from asserting such right as a consequence of fraud by the seller.
When the seller’s warranty is invoked, the customer shall be required to transport the goods which are the subject of his claim at his own expense and risk to the address specified by the seller after having obtained the return code for his request made by e-mail to info@[at]tasto.eu
No prescription may be acquired before the expiration of such period. The customer shall lose entitlement to a two-year period of warranty from the time of the denunciation as provided for in the preceding paragraph, unless he was prevented from asserting such right as a consequence of fraud by the seller.
The shipment of the goods to the seller under the conditions mentioned above for the purpose of being repaired does not entail a transfer of the risks to the seller, and such risks shall continue to be borne by the customer.
The customer must pack the merchandise carefully, without damaging it, preferably using its original packaging or any equivalent packaging
Similarly, should it be impossible to replace or repair the goods, the seller undertakes to refund the price within 14 days in exchange for the customer returning the product to the address L’ITALIANO SA propriétaire du site et de la marque TASTO – Service administratif – 105 zone industrielle Scheleck 1 – L-3225 Bettembourg.
In the event of non-conformity, the customer shall have the choice between (i) returning the goods and obtain a refund of the price, or (ii) keeping the goods and obtaining a refund of a portion of the price. The sale need not be rescinded or the price reduced if the seller replaces or repairs the goods. The sale may not be rescinded if the lack of conformity is minor.
Instead of exercising the option provided for in the above paragraph, the customer shall be entitled to require the seller, unless the impossibility or disproportion specified below should occur, to bring the goods into conformity.
He may thus choose between repair or replacement, unless one of these solutions constitutes an excessive burden on the seller.
In the event that the customer’s choice incurs a cost that is clearly disproportionate in comparison with the other option offered to him, given the value of the goods or the size of the defect, the seller reserves the right to opt to replace the goods.
In the event that the goods are to be brought into conformity, this must take place within thirty days from the date on which the customer opted for the goods to be brought into conformity. After this period, the customer may return the goods and have the price refunded or keep the goods and have part of the price refunded.
The fact of bringing the goods into conformity shall take place without any major cost or inconvenience for the customer, given the nature of the goods and the special use sought by the customer.
The customer shall forfeit any warranty under the general terms and conditions from such time as he (i) entrusts the repair of goods delivered by the seller to a third party or (ii) if he himself attempts to repair said goods.
Entitlement to the warranty shall also be refused if the goods have been altered, modified, personalised or opened by an unauthorized person.
In any case, the warranty does not apply to: replacement of consumables, batteries, fuses, antennas, helmets and wear and tear on the equipment.
Furthermore, no warranty may be given if the failure of or defect to any goods sold by the seller results from improper use, transport or storage of the goods or from any act by the customer which does not meet the obligation imposed upon him to act as a responsible homeowner, or any case of force majeure or fortuitous event.
The seller’s liability in the event of defects in the goods shall be limited to repairing such goods or replacing such goods with an equivalent object if repairs prove impossible, without prejudice to the stipulations of clause 9.
The seller shall not be held liable for the indirect consequences of any defect in the goods.
The customer must inform the seller of the address to which he wishes the repaired goods to be delivered to him.
The costs of returning the repaired goods to the address specified by the customer shall be borne by the seller.
Outside of the warranty of the general terms and conditions, the customer may request the repair of the goods after obtaining a quote from the seller, for any reason whatsoever.
In such case, the customer shall be obliged to deposit the goods, at his own expense, at the address specified by the seller after obtaining the return code for his request sent by e-mail to info[at]tasto.eu
If the customer does not accept the quote issued by the seller, the customer shall be obliged to collect the goods himself or cause them to be collected by a third party holding a power of attorney for this purpose, within a period of eight calendar days from the date of the notice given by the seller and shall also be required to pay the sum of 49.00 EUR excluding VAT for the cost of the quote.
The customer shall be required to collect any goods repaired under this article within a period of eight calendar days from the date of the notice given by the seller stating that said goods are ready to be collected sent by e-mail, fax or ordinary post.
If the customer fails to collect the repaired goods at the latest within six months from the date of such notice, the customer shall be deemed to have abandoned the goods, the ownership of which shall be automatically transferred to the seller.
ARTICLE 10 - LIABILITY
In no event shall the liability of the seller be incurred in the event of non-fulfilment or improper performance of the contractual services attributable to the customer, in particular when placing his order.
The seller may not be held liable or be considered as having breached these general terms and conditions for any delay or failure to fulfil their obligations, when the cause of the delay or non-performance is related to a case of force majeure as defined by the case-law of the courts and tribunals of Luxembourg.
The seller’s liability for any defect in an article sold shall be limited to repairing or replacing such article by an equivalent object if such repairs should prove impossible.
The seller may not be held liable for any delay due to a stock shortage experienced by their suppliers, for any difference between the photos showing the goods, the information contained on the website and the goods actually delivered.
The seller’s liability shall be limited to direct damage which is foreseeable at the time of using the website or of entering into the contract, suffered by the customer and resulting from the goods.
The foregoing stipulation shall not apply in the event of fraud or gross negligence on the part of the seller, in the event of personal injury, in the event of non-conformity (including due to latent defects).
Should the seller be liable, for any reason whatsoever, except in the event of non-conformity including due to hidden defects, their liability shall be limited to five times the sale price of the goods which are the subject of the action for damages.
The customer shall bear full liability for the choice, use and application of the goods delivered by the seller as well as for the protection of the data stored therein or used in connection with the goods.
ARTICLE 11 - MISCELLANEOUS
Upon the customer deciding to acquire goods, he shall be obliged to disclose his identity, his e-mail address, his postal address and any other personal information necessary for placing the order and the performance of the contract. Once this information has been collected, the seller shall process it for the purpose of managing the orders.
The seller declares being in compliance with the legal provisions of the amended Act of 2 August 2002 on the protection of individuals with regard to the processing of personal data (the “Act”) and the amended Act of 30 May 2005 on specific provisions for the protection of individuals with regard to the processing of personal data in the electronic communications sector.
Said information may also be used for the purpose of enabling the seller to disseminate information relating to his business activities to his customer using any means of communication whatsoever.
However, the seller undertakes not to disclose the information in its possession to another company or other undertaking offering similar services, except in the context of subcontracting the processing of personal data and in accordance with the legislation.
The customer, whose personal data is processed, shall enjoy the rights of access, rectification and opposition to the processing of his data.
Such rights may be exercised in accordance with Article 26 et seq. of the Act by ordinary request sent by postal mail to the data controller at the address L’ITALIANO SA owner of the TASTO website and brand TASTO – Service administratif – 105, zone industrielle Scheleck 1 – BP76 – L-3225 Bettembourg, providing evidence of his identity and a legitimate reason if required by law.
The customer may access his archived data under the same conditions as those set out in the preceding paragraph.
The seller undertakes not to disclose any of the information in its possession to third parties, except in the context of the application of a legal or regulatory provision, or for the purposes of the normal management of the company.
The seller informs the customer, who accepts, that it is entitled to subcontract the processing of his personal data in accordance with the law.
The seller may not be held liable or be considered as having breached these general terms and conditions for any delay or failure to fulfil their obligations, when the cause of the delay or non-performance is related to a case of force majeure as defined by the case-law of the courts and tribunals of Luxembourg.
The seller’s liability for any defect in an article sold shall be limited to repairing or replacing such article by an equivalent object if such repairs should prove impossible.
The seller may not be held liable for any delay due to a stock shortage experienced by their suppliers, for any difference between the photos showing the goods, the information contained on the website and the goods actually delivered.
The seller’s liability shall be limited to direct damage which is foreseeable at the time of using the website or of entering into the contract, suffered by the customer and resulting from the goods.
The foregoing stipulation shall not apply in the event of fraud or gross negligence on the part of the seller, in the event of personal injury, in the event of non-conformity (including due to latent defects).
Should the seller be liable, for any reason whatsoever, except in the event of non-conformity including due to hidden defects, their liability shall be limited to five times the sale price of the goods which are the subject of the action for damages.
All intellectual property rights in the goods made available to customers by the seller belong to the seller or his suppliers who have authorized the seller to sell the goods.
Under no circumstances may the customer copy, reproduce, translate, adapt, disassemble, decompile, imitate, modify, analyse or reconstitute any goods placed at his disposal without express written authorisation from the seller. The customer also undertakes not to forge the goods sold on the website or those that he has purchased.
The customer may make a copy of software sold on the website for the purpose of making a backup copy only for internal use on one specific automated central processing unit.
When making copies for backup purposes, the customer must copy the copyright statements located on the originals and ensure that they are included on such copies. In no case may he distribute such copies and he shall be held liable for any fraudulent use thereof by a third party, whatever the cause.
The seller may transfer to third parties all of their rights under the contract entered into with the customer. The transfer may relate to both the rights and obligations of the seller only if it informs the customer of the transfer.
The customer may in no case transfer his rights or obligations under the contract to a third party without the prior written consent of the seller.
Should any of the provisions of these general conditions be declared null and void by a court decision or a transaction between the parties, then the stipulation shall be deemed to be null and void without invalidating the other clauses or altering the other stipulations contained therein, which shall remain applicable.
The contract and the pre-contractual relations between the parties shall be governed by Luxembourg law. The application of the Vienna Convention on Contracts for the International Sale of Goods is expressly excluded.
In the event of a dispute, the parties shall first attempt to reach an out-of-court settlement.
In the absence of an arrangement between the parties, we and you agree to submit all disputes arising from the commercial relationship between you and us to the exclusive jurisdiction of the courts of the City of Luxembourg.
For the purposes of the general terms and conditions, the consumer customer may bring an action to enforce his consumer rights in respect of the seller both in Luxembourg and in the country of the European Union in which he resides.