GENERAL TERMS AND CONDITIONS OF PURCHASE AND USEThese general terms and conditions of purchase and use (the “General Conditions”) govern the methods of use of the service provided by Cosaporto S.R.L via the website www.cosaporto.it (the “Website“).
By registering on the Website, the User also accepts that communications with Cosaporto take place electronically. The User will be contacted by e-mail and he/she accepts that these electronic methods of communication respect the legal requirement of the written form, in accordance with current legislation.
1. WHAT IS COSAPORTO, WHAT IS ITS SCOPE AND WHAT IS THE GENERAL DISCIPLINE
1.1 Cosaporto S.R.L (hereinafter referred to as “Cosaporto”) is a company under Italian law, with registered office in Rome, via Filippo Grispigni, 41, 00163, and taxpayer’s and VAT number 14202471000. For assistance or complaints, please contact Cosaporto by writing an e-mail to email@example.com, firstname.lastname@example.org.
1.2 Cosaporto owns the website.
1.3 Cosaporto was set up to enable its Users to order products directly from its affiliated partners present on the Website – through its partners’ respective “windows” (“Partners”) – and to carry out urban deliveries of the selected products.
1.4 To use the service, it is necessary to register on the Website by providing the necessary data and expressly accepting these General Conditions.
1.5 Under the English law, services offered by Cosaporto through its website and/or registration on the Website are only accessible to people over the age of 18, minors in the presence of a parent or legal guardian (without prejudice to the provisions of article 5.8 below). Cosaporto reserves the right to refuse Orders from Users under the age of 18.
1.6 At the time of registration, each User will receive access credentials to his / her reserved area “my Account” available on the website to consult and update his / her personal data, as well as to check the Orders placed and the Order status. The credentials received must be kept safe by the User. Cosaporto does not accept any responsibility for the use of the Website by unauthorised parties who come into possession of the User’s credentials or for any other reason.
1.7 Cosaporto may modify or simply update, in its sole discretion, in whole or in part, these General Conditions. In the event of a change, registered users will be notified by e-mail at the address indicated during registration. In any case, the User will be responsible for checking the General Conditions published on the Website on a regular basis and, in any case, before placing any Order.
1.8 If any provision of these General Conditions is deemed invalid, null or for some reason unenforceable, the validity and effect of other provisions shall not be affected.
1.9 Cosaporto provides this service in English
2. BUSINESS PURPOSE
2.1 Through the Website it is possible to order and purchase products offered by the affiliated Partners. Once Cosaporto receives payment for the Order, Cosaporto will send the User a confirmation of the Order (the “Order Confirmation”, as better defined in article 4 below). At the same time, Cosaporto will also send an Order Confirmation to the Partner, who will prepare the selected product/s in compliance with the terms agreed with the User at the time of the Order Confirmation. Once the products covered by the Order Confirmation are ready at the Partner’s premises, Cosaporto will collect the Order from the Partner’s premises and deliver it to the User following the User’s delivery instructions, –by availing itself of a transport service performed by a third party and / or its own employees or collaborators (“Porter”).
2.2 With the Order Confirmation, the following legal relationships will be established: (i) a relationship between the User and Cosaporto according to which, the User pays for the Order through the Website; Cosaporto will deliver the Order to the address indicated in the Order Confirmation; and (ii) a relationship between the User and the Store Partner. To this end, it is specified that Cosaporto acts as an intermediary and, therefore, cannot and shall not accept any responsibility for the quality of the products or the provision of services offered directly by its Partners.
3.1 Registration on the website is free. To complete the registration, place an order and use the service, the User is required to register correctly and to provide certain information to Cosaporto.
3.2 To register, the User must complete the registration form, entering his / her name, surname, mobile phone, e-mail address, username, password, etc. The registration will be confirmed by e-mail sent to the address provided by the User at the time of registration. The User guarantees that all his personal data and legal capacity provided at the time of registration is true, exact and complete. Furthermore, the User must ensure to keep his data up-to-date. The indication of incorrect personal data will result in the non-execution of the Order with every legal consequence. Registration with the Website is free of charge.
3.3 The credentials provided at the time of registration (username and password) must be used exclusively by the User and cannot be transferred to third parties. The User must notify Cosaporto in case of any suspicious use. The registration credentials may be modified by the User at any time by accessing the “my Account” section available on the Website.
3.4 Cosaporto will not be held liable for any compensation, obligation or sanction arising in the event the user violates the registration terms of the Website. The User is solely responsible for any damage caused to Cosaporto and/or third parties from improper use, or failure to protect the privacy of their registration credentials. All the operations carried out through the registration credentials are considered made by the User to whom the registration credentials refer. Cosaporto cannot guarantee the identity of registered Users, and it declines any responsibility for the use of the identity of a registered User by unregistered third parties. Users must immediately inform Cosaporto of the loss, removal and / or disclosure of their username and password, by sending an email to email@example.com.
3.5 Each user is allowed one single registration. Multiple registrations will be automatically cancelled by Cosaporto.
3.6 In “my Account” area, the User can view open, recently delivered, terminated orders and can manage and save personal data.
3.7 Cosaporto reserves the right to refuse the registration of Users at its own discretion. Cosaporto also reserves the right not to accept Orders which are abnormal in relation to the quantity or frequency of purchases.
3.8 The User can at any time unsubscribe from the Cosaporto.it website by sending an email to the address mailto:firstname.lastname@example.org
3.9 Cosaporto is authorized to discontinue the ordering service for any reason it deems appropriate and cannot be held responsible for any unavailability of the product purchased or parts of it at any time and for any period of time.
4. INFORMATION ON ELECTRONIC COMMERCE AND ORDER CONFIRMATION4.1 Cosaporto informs the User that, based on electronic commerce regulations provided for in The Electronic Commerce (EC Directive) Regulations 2002 and Directive 2000/31/EC.:
– to place an Order on the website, the User must select the Products requested, fill in the Order form in electronic format and electronically send it to Cosaporto, following the instructions appearing on the screen throughout the different purchasing steps;
– the Order is placed when Cosaporto registers and accepts the Order by sending the Order Confirmation, after verifying the correctness of the data relating to the order and the payment made;
– before proceeding with the transmission of the Order Confirmation, the User can correct any data entry errors by following the instructions indicated throughout the different steps of the purchase; together with the Order Confirmation, Cosaporto will send the following: (1) a summary of the General Conditions, (2) the information relating to the Order, Product and the Store Partner, (3) the expected delivery time, (4) the price, (5) the payment method used, (6) shipping costs and any additional costs (7) customer support contact details. Cosaporto advises to keep the e-mail received as proof of purchase for future use.
– Cosaporto will store the Order Confirmation in its database until the delivery of the Order, according to the law. To access his/her order form, the User can consult the “my Account” section where he/she will find the list of all the Orders placed.
– once the Order Confirmation has been issued by Cosaporto, the Order can no longer be changed, except in cases where the ordered product or products are not available. In this case the user will be notified and therefore may change or cancel the order. Upon confirmation of the Order, Cosaporto will process the Order by notifying it to the User via e-mail and/or mobile phone, to the address provided by the User at the moment of registration (or to a different address indicated by the User when placing the Order).
4.2 On the Website, the User can view all available payment methods. Under no circumstances will Cosaporto be able to view and / or acquire personal payment information entered by the User. Following the payment with the method chosen by the User, a message will be displayed on the Website page confirming the order has been sent, or that an error has occurred if payment data entered has not been accepted by the electronic payment system. If any anomalies occur during the final stage of the Order, the User may contact Cosaporto at email@example.com, firstname.lastname@example.org
5. ORDER, ORDER CONFIRMATION AND SHIPMENT5.1 The Store Partners provide the products prices to be published on the website. From time to time it is agreed that some information may not be updated and that the price of the product chosen by the User is different from what is indicated. In this case, Cosaporto does not guarantee that the Order will be executed at the lower price incorrectly indicated, nor does it guarantee compensation or reimbursement to anyone. Cosaporto will inform the User of any price discrepancies, allowing him to agree on the change or on a new Order or to cancel the order made.
5.2 The prices shown are in British Pounds (£), include VAT and do not include delivery costs, which are added to the total amount in the final stage of the order process.
5.3 The delivery cost will be added to the price of the product. The delivery cost will depend on the distance between the Partner and the delivery address indicated by the User.
5.4 The delivery service provided by Cosaporto and executed by the delivery individual (Porter) will arrange the transport of the selected product at the delivery price indicated in the order form. Delivery times vary depending on the distance between the selected Partner and the delivery address indicated by the User. Therefore, Cosaporto cannot not assume any responsibility in relation to the exact delivery times, as these are not linked solely to Cosaporto but to external factors.
5.5 In the event of Orders from Users with whom disputes are pending, Cosaporto reserves the right not to confirm such Orders.
5.6 All products on the website are subject to the actual availability of the Store Partners.
5.7 The products depicted on the website may not correspond to the real ones for various reasons, such as: the type of monitor used, the type of product selected, and the choice of the Internet browser used. To this end, Cosaporto advises the User to always check the features shown in the product data sheets available on the Website.
5.8 Users who place an order that include the purchase and/or delivery of alcoholic beverages through the Website must be aged 18 and above. In placing an Order that includes alcoholic beverages, the User confirms that he/she is at least 18 years old. Cosaporto reserves the right not to confirm the purchase order and/or delivery of alcohol to any person who cannot prove to be at least 18 years of age.
This clause applies to any other product and/or service reserved for adults in accordance with current legislation and which is requested by a User through the Website.
Where the sale and/or delivery of alcoholic beverages is restricted to specific hours the User is responsible for placing Orders within those times, according to applicable regulations. Cosaporto reserves the right to refuse the order and/or delivery of alcohol outside the permitted hours.
5.9 Without prejudice to the above conditions, Cosaporto requires Partners to ensure that all information provided by them on the website is accurate, complete and in no way misleading.
5.10 By confirming the purchase Order, the User expressly accepts all the conditions indicated above.
6. CHANGES AND/OR CANCELLATION OF THE ORDER – WITHDRAWAL6.1 If the ordered product is not available, the User will be immediately informed by e-mail and/or mobile phone and the Order will be cancelled (with full reimbursement by Cosaporto). If the order is only partially available, the User will be notified by email and will have the option to cancel the entire order (with full reimbursement) or to confirm only the products available (with reimbursement of price paid for the products not available).
6.2 With reference to any reimbursement, Cosaporto will immediately reimburse the amount paid by the User (partially, in the event of partial cancellation of the Order Confirmation), including shipping costs, and in any case within 14 (fourteen) days from communication sent by user. The refundable amount will be communicated by e-mail and credited to the same payment method used at the time of purchase.
6.3 Cosaporto declines all responsibility for any delays payment systems may have in refunding the amount.
6.4 Cosaporto does not accept cancellations and changes made by the User contacting the Partner directly.
6.5 Pursuant to The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, the right of withdrawal (right of cancellation) is excluded as these products are liable to deteriorate or expire rapidly. Accordingly, once the Order has been placed, it cannot be modified and refunded. However, if you still wish to modify or withdraw from the Order, you may contact Customer Service and request to modify or cancel your order and obtain a refund. You expressly acknowledge that there is no obligation or assurance, however, that Customer Service will be able to contact the Partner or that the Partner will accept your change or cancellation requests.
6.6 The right to cancel the order does not apply in the event of:
– supply of sealed goods that cannot be returned for health or hygiene reasons and that have been opened after delivery or in the case of the supply of products that are inseparably mixed with other goods.
– video recordings or sealed computer software that has been opened after delivery;
– supply of made to measure or personalised goods;
– supply of goods that are likely to deteriorate or to expire rapidly;
– services after the complete execution by Cosaporto, if the User has expressly allowed the service execution by Cosaporto accepting the loss of the right of withdrawal following the full execution of the contract/Order;
– supply of digital content (including applications, software, e-books, MP3s, etc.) through non-material support (for example a CD or DVD) if at the time of placing the order the user has expressly allowed the beginning of the execution by accepting the loss of the right of withdrawal as a result of the start of execution;
– supply of newspapers, periodicals and magazines with the exception of subscription contracts of the above;
– supply of food or alcoholic beverages, where price has been agreed at the time of the completion of the Order, which can be delivered after thirty days only and whose actual value depends on market fluctuations that cannot be controlled by Cosaporto.
7. SHIPMENT OF PRODUCTS
7.1 In the final step of the order process, the User will indicate the delivery address and agree on the expected delivery time.
7.2 Should perishable products be ordered, the User accepts his/her responsibility for cooperating with Cosaporto in relation to the delivery or the ordered products within the time agreed and to their agreed destination.
7.3 Deliveries are made by the Porters appointed by Cosaporto to the address indicated by the User in the Order form.
7.4 Delivery times are those indicated in the Purchase Order and specified in the Order confirmation. However, the times of order processing and delivery indicated on the website at the time of execution are to be considered as indicative, and may, therefore, be subject to change. In case of delay and/or to obtain any information in relation to the Order, the User can contact the Cosaporto Customer service at email@example.com.
7.5 In the event of impediments of delivery due to third parties and to force majeure caused by events beyond the control of Cosaporto, the latter will contact the User via e-mail and/or by phone to inform of the delay in delivery or the impediment to delivery. In such a case, Cosaporto cannot be held responsible in any way. Cosaporto is not liable and is not obliged to compensate the user for any non- fulfilment or late delivery due to the above reasons.
7.6 The delivery of the Products is deemed completed when the Products ordered are made available to the User and/or the final consignee, at the address specified in the Order form.
7.7 In case the User and/or the recipient is not available at the address indicated and at the agreed time in the Order form, the delivery service will attempt to contact the user at the mobile number provided and see if the order can be left with a neighbour or in a safe place and hence Cosaporto will be considered free of its obligation. Once 15 (fifteen) minutes have elapsed from the last contact attempt by e-mail and telephone without acknowledgment from the User, Cosaporto will be considered free of its obligation to deliver the Products, unless the Porter has easily found a concierge or a neighbour who has agreed (with the User) to receive the ordered Products. In this case, Cosaporto will be released from any further responsibility by delivering the Product/s to this person who will sign the delivery receipt. For these reasons, the User should verify the correctness of the data provided: address, time and telephone number/mail.
7.8 In the above circumstance, Cosaporto will send an e-mail to the User to inform him of the failed delivery or if delivery has been handed over to a concierge/porter or neighbour as agreed. The User assumes all responsibility for the delivery of the Products according to the above provisions. In case of non-delivery due to the unavailability of the User or person who agrees to receive the Products on behalf of the User, Cosaporto will retain the price paid by the User as a penalty fee.
7.9 At the time of delivery, the User is required to check the condition of the product. If the package shows obvious signs of tampering or alteration, the User must report it to Cosaporto immediately. In the event of failure to immediately notify Cosaporto, the Order is considered to be fully accepted by the User.
8. PRICE, PAYMENT AND BILLING
8.1 The payment can be made through Paypal, VISA, and MASTERCARD.
8.2 Cosaporto will ensure that the payment system provided is always available and functioning, however, it cannot guarantee continuous and uninterrupted access. For more information on the payment system, the User is invited to check terms and conditions of the chosen payment service.
8.3 The User will receive (i) the receipt relating to the Order and issued by the Store Partner, together with the package delivered by Porter and (ii) the invoice relating to the delivery service provided by Cosaporto via email sent by Cosaporto.
9. LEGAL WARRANTY
9.1 The guarantee regime on products sold on the Website differs depending on whether the User is a “consumer” or a “professional” pursuant to The Sale and Supply of Goods to Consumers Regulations 2002 and Directive 1999/44/EC concerning “certain aspects of the sale of consumer goods and associated guarantees”.
If the User purchases a product as a “consumer”, he/she shall be entitled to the legal guarantee which the seller is obliged to provide by law on each product sold (“Legal Guarantee”).
The Legal Guarantee – which Cosaporto is obliged to provide as a seller – guarantees the good from defects of conformity with respect to the sales contract.
In the case of lack of conformity of the product and if the nature of the asset allows it, the Legal Guarantee gives the User the right to repair or replacement, or a price reduction or termination of the contract. Cosaporto is therefore liable for defects of conformity if they occur within two years from the date of delivery but the User loses these rights if he does not report to Cosaporto the lack of conformity within two months from the date in which has discovered the defect.
In the case of ready-to-eat food, which by its nature is perishable or subject to expiry in a shorter term, the defect must be reported within that reduced period. (Translator’s note: I think it is implied that the shorter term should coincide with the sell by date normally indicated on food items).
10 UPDATES – LIMITATIONS OF LIABILITY
10.1 Cosaporto updates its website and these General Conditions on a regular basis. Nevertheless the Products on the website may not be up-to-date should the store partner not inform Cosaporto in a timely manner. Therefore Cosaporto is not liable for the above cases except in the event of wilful misconduct or gross negligence.
10.2 Cosaporto reserves the right to correct inaccuracies even after sending the Order, or to change and/or update information at any time without prior notice, without prejudice to the User’s rights as governed by these General Conditions and as per the Consumer Code.
10.3 Except in the event of malice or gross negligence, the User shall not be entitled to any compensation or refund – either on contractual or on tortious grounds – for damages and/or direct or indirect losses, including personal injuries and property damage and those caused by the total or partial failure to accept or process an Order.
10.4 By accessing the website and related services, the User agrees:
1. not to use the website or its content to pursue illegal activity
2. not to use the website in a way that interrupts, damages or make less efficient a part or all of it or in a way that could damage the effectiveness or functionality of the website;
3. not to use the website to transmit nor to place viruses or any other defamatory, offensive, obscene or threatening material or that in any way may cause discomfort, disturbance or any prejudice;
4. not to use the website in such a way as to constitute a violation of the rights of persons or companies (including, but not limited to, the rights of copyright or confidentiality);
5. not to use the website to transmit material to advertise and/or promote purposes without the written permission of Cosaporto.
Cosaporto is not responsible for the material used and/or the conduct held by the Users while browsing the website. Cosaporto is not responsible for the transmission on the computer of the User of any viruses and other harmful contents originated by third parties in the User’s Computer/device.
Consequently, the User will relieve Cosaporto (and the website operator) and all parties reporting to them, from any liability and prejudicial consequence, including, without exception, the legal fees defined on the basis of the professional fee incurred by Cosaporto (or the Website operator) as a result of legal actions arising from the violation by the User of these obligations and the abuse (also by third parties) of their accounts in violation of the guarantees provided for in article 10.
The contents of the website may have some inaccuracies or typos. Cosaporto will in no case and for any reason be held responsible for any inaccuracies or errors, nor for damages caused or deriving from the trust created by the Users on the basis of information obtained from the Site or through it. The User will be exclusively responsible for the evaluation of the information and the content obtainable through the Site. The Site and all the information and content published therein may be amended at any time and from time to time without prior notice.
Cosaporto expressly disclaims any liability for damages of any kind due to an unlawful use of the Site by Users or due to the lack of truthfulness, usability, completeness and / or authenticity of the information that Users provide to other Users about themselves and, in particular, but not exclusively, for damages of any kind that may be due to the interposition of a third party carried out by a User in any type of communication made through the Site. In particular, Cosaporto is not responsible for the use of the application and Orders that could be made by a third party from the User’s account.
Without prejudice to the foregoing, Cosaporto reserves the right to limit, in whole or in part, access to the Site to specific Users, as well as to cancel, suspend, block or delete certain types of content, through the use of technological tools suitable for this purpose, if it becomes aware in a certain way that the activity or information stored is illicit or infringes on the goods or rights of a third party. In this sense, Cosaporto will be able to establish the necessary filters in order to prevent illicit or harmful content from entering the network.
10.6 In addition to what is indicated in other provisions of the General Conditions, Cosaporto cannot be held responsible for any damages deriving from the use or inability to use the Site, its contents, information or connected to the quality of the same.
10.7 Children under the age of 18 will not be able to register on the Site and are not authorized to purchase products through the Website without involving a parent or legal guardian (without prejudice to the provisions of the previous article 5.8). In any case, Cosaporto reserves the right to refuse orders from users who are under the age of 18.
Any complaint relating to the service or to the Order must be forwarded to Cosaporto by sending an e-mail to the address: firstname.lastname@example.org.
12. WEBSITE CONTENTS AND INTELLECTUAL PROPERTY
The pages of this Website are protected by copyright (copyright). According to The Copyright, Designs and Patents Act 1988, the contents of the website are protected against duplication, translation, insertion or transformation of the same into other media, including insertion or transformation by electronic means. Reproduction and economic exploitation of all or part of the contents of this Website are permitted only following the written consent of the rightful claimant. Both the contents and the structure of the website are protected by copyright. In particular, the duplication of information or data, the use of the texts or part of them and of the images contained in the website (with the exception of images used for press releases) except for the photos for press use) are allowed only with the written consent of the rightful claimant.
Also, the illustrations, pursuant toThe Copyright, Designs and Patents Act 1988 – are protected by copyright. The right to publish and reproduce these drawings is the property of the right holder. The copyright on the drawings remains in force even for drawings automatically or manually added to an archive.
Nothing contained in the website is conceded to third parties of the industrial and intellectual property rights indicated in this section. Cosaporto reserves all intellectual property rights to the website.
The names of the products or the companies or of the Store Partners published on the Website, (even if they are not indicated with the identification symbol of the registration of the trademark) are trademarks owned by third parties and are protected by trademark law and by the rules on unfair competition.
Any use of these trademarks is expressly prohibited without the prior written consent of the owner. It is forbidden to use them in order to create confusion among consumers regarding the origin of the products or for sponsorship purposes, as well as to debase or discredit the brand owner. All rights that are not expressly granted are reserved to the trademark owner. Cosaporto services and accessible functionalities through the services are protected by one or more patents owned. The services of Cosaporto use in whole or in part one or more patents based on licenses.
The User does not acquire any rights in relation to the use of the website software outside of the use necessary to use the services themselves. The User, therefore, cannot grant rights of use, assign or transfer licenses in relation to such software.
With the prior, express consent of the User, Cosaporto shall be entitled to collect, use and share specific information on location, including the geolocation in real time of the User’s computer or mobile device. This information on location is collected and used by Cosaporto to show Users the place of departure and destination of the Order. Users shall expressly consent to their geolocation data being shared with other Users and Partners/Porters so as to allow the required Order to be successfully processed. Users shall be able to disable their geolocation services on their devices at any time.
14.1 DATA CONTROLLER AND CONTACTS
The controller of data collected via this Website is Cosaporto S.R.L, a company under the Italian law with registered office in Via Sardegna, 40, 00187 Rome and with taxpayer’s and VAT number 14202471000, via its legal representative. The company owns the website www.cosaporto.it. It independently decides which purposes and methods should apply to data processing should be processed and which procedures should be used to preserve their confidentiality, integrity and availability. For any further information, please email us at email@example.com.
14.2 TYPE OF DATA PROCESSED – PURPOSE OF DATA PROCESSING.
Through its website and dedicated Customer Service, Cosaporto may require users to provide information and data – which can under no circumstances be deemed to be sensitive or related to any judicial inquiry (pursuant to The General Data Protection Regulation (EU) Regulation 2016/679) – when registering with the website and applying for the provision of services and for publicity, contractual, statistical or communication purposes. These data may fulfil identification purposes, provide tax, residence, delivery and /or billing information, as well as fulfil more of a commercial or contractual purpose and relate to electronic payment transactions via credit card or Paypal or Satispay accounts. These data shall be held for the whole duration of the business relationship and beyond to comply with the legal obligations and the administrative and commercial purposes.
If you have given your consent, Cosaporto shall use your data for the following purposes:
To provide you with information concerning its product and services and proposing personalized offers (e.g. relating to special events or offers) in writing during a conservation or via electronic communications (e-mail, SMS, messenger, push messages). If you have given your consent, your personal data may be collected and processed to use analytical instruments, including profiling tools, to measure and analyse your interests. This is aimed at creating a more personalised relationship between you and Cosaporto. Data processing may involve the collection and processing of information on your online behaviour and your use of social media. Based on your consent, we may also provide you with information on Cosaporto’s trade partners and their products and services.
To create user profiles with the purpose of improving our services and better adjust our products to your needs. Cosaporto connects data relating to the use of our products and services with your profile and, therefore, can provide you with information based on your interests. This may also include, for example, the fact that the way you use our website or our app are recorded and assessed together with your personal data.
To conduct personalised market research and surveys for quality assurance purposes and to improve our products and services.
14.3 WHEN WE COLLECT INFORMATION
Data processing is/will be carried out by using tools and procedures ensuring safety and confidentiality and may be produced in paper or in electronic format. Access to all Cosaporto website enables automatic data collection tools (cookies) which are needed for browsing the above websites correctly and which will be removed once they have expired or the session has ended according to that which is indicated below about the ‘cookies policy’. Some cookie analytics are kept instead for merely statistical purposes in anonymous form.
Cosaporto.it collects personal information about its customers when they interact with the website or use its services or place orders. We also pay attention to the way users make use of our Websites to improve our services and optimise the customer’s experience.
We collect information:
• when an account is created or when account settings are modified;
• when an order is placed and during the ordering process (also for payment and delivery of the order);
• when you contact us directly via e-mail, by telephone, by post or via our chat line;
• when you browse our websites (both before and after creating an account) and we also collect information coming from third parties, such as publicity platforms and our fraud identification provider.
14.4 COLLECTED INFORMATION
A part of our more general commitment to protect the privacy of our customers and website visitors, we wish to be clear about the type of information we shall collect from you. When you visit our Websites or place an order, you will be asked to provide information that concerns you, including your name, your contact details, your delivery address, order details and information relating to payment, such as your debit or credit card details.
We shall also collect information relating to your use of the Websites and from any message you publish on the Websites or when you contact us or tell us your opinions, including via e-mail, by letter, by phone or via our chatline.
We shall collect technical information from your mobile phone or computer, such as your operating system, your connecting device, and the IP address from which you access our Websites. We shall also collect technical information relating to your use of our services through a mobile phone, such as vector data, data relating to your geographical position and data relating to your transaction, including mobile payment methods, your interaction with other retail selling technologies, including the use of NFC Tags, QR codes and/or the use of electronic vouchers. Unless you have chosen to remain anonymous by selecting suitable settings on your device and/or on the platform, this information can be collected and used by us automatically when you make use of the service through your mobile device / any mobile devices via any cosaporto.it mobile application, through your mobile device browser or otherwise. We shall process information concerning your health only if you have given it to us voluntarily and you have given your consent to its processing, for example when you specify any food allergy.
14.5 HOW WE USE YOUR INFORMATION
We shall process data collected about you when there is a reason and only if that reason is permitted by the legislation on data protection. We will be entitled to process your data if: we have to process your information in order to provide you with services requested by you or enter into a contract; we have your consent, we have a legal interest in processing your information or we have a judicial obligation to process it.
Wherever we have to provide a service requested by you or enter into a contract, we will use your information:
• to be able to provide you with access to the relevant sections of the Websites; to provide you with the services requested;
• to be able to collect payments made by you;
• to be able to contact you, if necessary, in relation to our services, for example to help solve problems you may have with your order.
We shall also process your data wherever we have a legal reason to do it, for example in order to customise our services, including process your data to help you place orders more easily and rapidly. We have listed such reasons below:
• to improve the effectiveness and quality of the service our customers can expect from us in the future;
• to adapt the content we, our shop or publicity partner show you so that, for example, we can show partners in your city or make sure you view advertising that is more relevant to you based on the characteristics we have determined;
• to allow our customer support team to assist you with any request or complaint as efficiently as possible;
• to contact you for your opinions and comments on our services and to let you know about any important change or development which may involve our Websites or services, including to let you know whether our services are available in your area when asked by you;
• to analyse your activity on the Websites so as to manage, support, improve and develop our activity and for statistical and analytical purposes and to help us prevent frauds;
• to create a register of your orders and
• to comply with any other legal obligation or any legal requirement we are subject to.
14.6 DIRECT MARKETING
Wherever you give your consent or we justify our reason (and we are authorised to do so by law), we shall use your information to inform you of products and services which may be interesting for you and, for this purpose, we might contact you by phone. You may check your commercial preferences
• by visiting our website, www.cosaporto.it, or the application of mobile device;
• by accessing cosaporto.it and clicking on account
• by selecting the “(Gestione privacy (Manage privacy)” item from the menu;
• by clicking on the “Preferenze privacy (Privacy preferences)” pushbutton;
• you can also edit your privacy consents from the displayed pop-up.
Your consent to personal data processing for commercial purposes is optional. Should you not be willing to give your consent, your possibility to receive our services is not affected. You are freely entitled to oppose the processing of your personal data for marketing purposes at any time. Should you change your mind about being contacted for marketing purposes in the future, please select “unsubscribe” from our messages if you do not wish to receive any further marketing emails or, for other types of communication, please let us know through the contact details outlined below. You may also decide to opt out selectively by disabling the possibility to receive marketing phone calls and continuing to receive marketing e-mails or vice versa.
14.7 CIRCULATING INFORMATION
The information we collect on you will be circulated and stored on our servers located within the EU. We will be very cautious and transparent about the parties in general with whom we share your information. We use your information internally for the purposes outlined above. We share information with external service suppliers. The types of external service suppliers with whom we share your information include:
• Payment service providers (including online payment suppliers and fraud detection service providers): for example, when they process information on credit cards in order to provide us with services, they also provide you with support services or perform anti-fraud checks on our behalf;
• IT service providers (including cloud service providers): for analytical and data storage purposes;
• Partner shops, with whom you have placed your order so as to allow them to complete your order and to receive information from them about any allergy you might have voluntarily disclosed to them, solve any issues or improve their services;
• Porters: to allow them to deliver your order;
• Customer support partners: those who will assist us with finding solutions to problems you may encounter in relation to our services; and
• Marketing and advertising partners: to allow them to show you the most relevant adverts for you and to send you marketing e-mails on our behalf.
• if we are under any obligation to disclose or share your information to comply with a legal obligation or provision of the law (and / or in the case we might believe to be subject to such obligation). This includes the exchange of information with other companies and other organisations in order prevent and find protection from frauds;
• in order to fulfil our contractual obligations towards you and from any other agreement;
• to protect the rights of Cosaporto, Partner shops, porters, customers or other parties, including the purpose of preventing any fraud; and
• with those third parties which we might deem necessary in order to identify or prevent offenses, such as the police.
• technical cookies: they are only used for the purpose of “transmitting information over an electronic communication network, or to the extent which is strictly necessary to the provider of a service to the company, when explicitly requested by the subscriber or user to provide such service”.
They are not used for any other purposes and are normally installed directly by the website owner or operator. They may be classified into browsing and session cookies, which ensure the normal browsing and use of the website (for example allowing you to make purchases or authenticate as users in order to access reserved areas); analytics cookies, assimilated to technical cookie wherever they are used directly by the website operator to collect information in aggregate form on the number of users and on how they visit the website; functionality cookies, which allow the user to browse the website based on a set of selected criteria (e.g., the language, the products selected for purchasing purposes) in order to improve the service provided to the user.
To install such cookies, the user’s prior consent is not required.
• profiling cookies: they are aimed at creating profiles relevant to the user and are used to send advertising messages in line with the preferences disclosed by the user while browsing the network.
The Website directly collects this type of cookies.
• third party cookies: these cookies allow an anonymous profile of users to be created on the basis of their browsing experience on this and all the other websites. In this way, it is possible to provide you with targeted advertising.
In addition to Google cookies aimed at statistical purposes, the Website uses other third-party cookies. The use of these cookies is exclusively determined by the third parties in question. The Company is not able to access such cookies. Similarly, third parties cannot access the Company’s cookies.
A list of links which can be visited to review third parties’ privacy policies follows below:
New Relic: https://newrelic.com/privacy
HOW TO DISABLE COOKIES VIA THE BROWSER CONFIGURATION:Chrome
1. Open the Chrome browser
2. Click on the menu displayed in the browser toolbar next to the url browser window
3. Select settings
4. Click Show advanced settings
5. In the “Privacy” section, click on the “Content settings” button
6. In the “Cookie” section, you can modify the following cookie settings:
o Allow data to be stored locally
o Modify local data till you quit browser
o Prevent websites from loading cookies
o Block third-party cookies and website data
o Manage exceptions for some Internet websites
o Remove one or all cookies
For further information, visit the dedicated page.
1. Open the Mozilla Firefox browser
2. Click on the menu displayed in the browser toolbar next to the url browser window
3. Select options
4. Select the Privacy panel
5. Click Show advanced settings
6. In the “Privacy” section, click on the “Content settings” button
7. In the “Tracking” section you can modify the following cookie settings:
o Ask websites not to carry out any tracking
o Notify websites your availability to be tracked
o Do not communicate any preference on the tracking of your personal data
8. From the “History” section:
o By enabling “Use personalized settings”, you can choose to accept third-party cookies (always, from the most frequently visited websites or never) and store them for a certain period of time (up to their expiry, till you quit Firefox or to be asked every time)
o Remove any separately stored cookies
For further information, visit the dedicated page.
1. Open the Internet Explorer browser
2. Click on the Tool button and choose Internet Options
3. Click on the Privacy tab and, in the Setting section, modify the scrolling device according to the cookie selected action:
o Block all cookies
o Allow all cookies
o Select websites from which you accept cookies: move the cursor to an intermediate position so as not to block or allow all cookies, then press Websites. In the Website address box, enter an internet website and then press Block or Allow
For further information, visit the dedicated page.
1. Open the Safari browser
2. Click on Safari, select Preferences and press Privacy
3. In the Block cookie section, specify how Safari is to accept cookies from Internet websites
4. To view which websites have stored cookies, click on Details
For further information, visit the dedicated page.
1. Open the Opera browser
2. Click on Preferences, then on Advanced and finally on Cookies
3. Select one of the following options:
o Accept all cookies
o Accept cookies only from the visited website: third-party cookies and those which are sent from a different domain from the one which is visited shall be refused
o Never accept cookies: no cookie will be saved
For further information, visit the dedicated page.
How to disable third-party service cookies.
• Google services
If you disable cookies, you will not have access to many characteristics which make this Website more efficient and some of our services will not work correctly.
14.9 SECURITY MEASURES
14.9.2 – Cosaporto cannot guarantee its users that the adopted measures aimed at the security of its website and at the security of data transmission will limit or exclude any risk of unauthorised access or of unauthorised data disclosure via the users’ devices.
14.9.3 – To this purpose, Cosaporto recommends that its users should avail themselves of website access points equipped with antivirus systems or software, for both outbound and inbound internet protected browsing, and of Internet service provides which adopt suitable measures for the security of data transmission over the internet (such as, firewalls and antispam filters).
14.10 LINKS TO OTHER WEBSITES
14.10.1 – Cosaporto reserves the right to insert links to third-party or business partners’ internet websites on its website, or to have such links inserted on its website. Cosaporto accepts no responsibility for their content and/or accessibility, as it does not subject such websites to any type of check in relation to the rules they adopt, including those about personal data processing during browsing and privacy.
14.10.3 – Cosaporto provides links to such internet websites to simplify the user’ searching and browsing activities, as well as to make hypertext links to third-party websites easier.
• go to cosaporto.it and click on account
• click on the “Privacy preferences” button
• change your privacy consents from the displayed pop-up menu. Note: some clearly indicated consents are needed to operate the service. Should you decide not to give such consents, cosaporto.it will not be able to process any orders.
14.12 DATA EXTRACTION AND RIGHT TO PORTABILITYIn compliance with the legislation in force, cosaporto.it gives its users the possibility to extract all data relating to their personal details and orders. To proceed with the extraction:
• go to cosaporto.it and click on account
• click on the “Extract my data” button
At the end of this procedure, the user will receive an email with a link to follow to extract the requested data.
14.13 DATA ERASURE AND RIGHT TO BE FORGOTTENIn compliance with the legislation in force, cosaporto.it gives its users the possibility to erase their personal data completely from its website and all the supports for which cosaporto.it and its suppliers are responsible. To proceed with the erasure:
• go to cosaporto.it and click on account
• click on the “Delete my account” button
At the end of this procedure, the user will receive an email confirming receipt of his/her request. Within 10 working days, Cosaporto.it shall proceed with the erasure of all account data from its website, devices/supports and from any suppliers’ databases.
14.14 CONTACTS14.4.1 – To exercise one’s rights, provide comments, submit applications and requests relating to data processing, the user may write to Cosaporto S.R.L, Via Sardegna, 40, 00187 Roma, or send an email to e-mail firstname.lastname@example.org.
14.4.2 – Cosaporto suggests that the user should visit the personal data protection watchdog’s website at http://www.garanteprivacy.it/. in order to know his/her rights on personal data processing and always keep up-to-date on the legislation in force on the protection of personal data.
15. DURATION OF THE ACCOUNTThe User can cancel his/her account at any time by writing to email@example.com. Following cancellation, the User will receive an automatic e-mail notification confirming receipt of the request, stating that the account will be deactivated within 24 hours. The User however will still be responsible for his/her account until deactivation has been completed.
16. APPLICABLE LAW AND JURISDICTIONThese General Conditions are governed and regulated by English law. For the resolution of disputes relating to the interpretation, execution or termination of these General Conditions or of each individual Orderthe Courts of England shall have exclusive jurisdiction.
17. GIVEAWAY• For the purposes of these Terms and Conditions, “The Promoter” refers to Cosaporto Uk Limited whose Instagram handle is @cosaporto.uk. The “Prize” refers to selection of four products.
• By entering the competition you agree to be bound by these terms and conditions. All entries must be received by 23.59 on 16.06.2023. Four (4) winners in Great Britain (excluding Northern Ireland) will be selected at random by The Promoter on 17.06.2023 and the winner will be notified on or after this date.
• The Promoter competitions with entry via Instagram and/or Facebook are open only to residents of Great Britain (excluding Northern Ireland). Four (4) winners will be chosen at random from all entrants and across all platforms.
• No purchase necessary. Winners will not be required to pay to enter the competition.
• Entrants must be over 18 years old on the date of their entry.
• Employees of The Promoter are not eligible to enter.
• Instagram or Facebook are not in any way affiliated or involved in the competition.
• Only one entry per person per competition will be accepted.
• Each entrant shall enter the competition via Instagram by tagging three other Instagram users in the comments of the specified post by @cosaporto.uk and following this Instagram profile.
• The Prize will be awarded to four randomly selected winners who has entered on Instagram, using a random number generator. The Promoter will not be held liable if the named prize becomes unavailable or cannot be fulfilled.
• The Promoter will not be help liable for any failure of receipt of entries. The Promoter takes no responsibility for any entries which are lost, delayed, illegible, corrupted, damaged, incomplete or otherwise invalid.
• To the extent permitted by applicable law, The Promoter’s liability under or in connection with the competition or these terms and conditions shall be limited to the cost price of the Prize in question.
• To the extent permitted by applicable law, The Promoter shall not be liable under or in connection with these terms and conditions, the competition or any Prize for any indirect, special or consequential cost, expense, loss or damage suffered by a participant even if such cost, expense, loss or damage was reasonably foreseeable or might reasonably have been contemplated by the participant and the promoter and whether arising from breach of contract, tort, negligence, breach of statutory duty or otherwise.
• Prizes are non-negotiable, non-transferable and non-refundable. No cash alternative is available. Where a Prize becomes unavailable for any reason, the promoter reserves the right to substitute that prize for a prize of equal or higher value.
• The name, address, email address and phone number of the winner must be provided to The Promoter if requested and will be shared to enable fulfillment of the Prize.
• In the event of unforeseen circumstances beyond The Promoter’s reasonable control, the Promoter reserves the right to cancel, terminate, modify or suspend the competition or these terms and conditions, either in whole or in part, with or without notice.
• The Promoter’s decision is final. No correspondence will be entered into.
• The winner’s name and social media username may be posted on the social media profiles of The Promotor after the winner has been selected.