TERMS AND CONDITIONS
The website https://www.temakinho.com/ is owned by the company Temakinho S.p.A. with registered office in via Francesco Petrarca n. 6, 20123 Milan (MI), VAT number 07598530967 (hereinafter "Temakinho" or “the Company”).
Temakinho S.p.a. has appointed as a Processor for the management of the centralized data database and the infrastructure the company CIGIERRE Compagnia Generale Ristorazione S.p.A., an Italian company with registered office in Tavagnacco (UD), Via Nazionale 35, 33010, Tax Code and registration number no. 01896000302, since Cigierre S.p.a. is the parent company of Temakinho S.p.a..
The Company (or in some cases, Cigierre S.p.a. when the latter is franchisee of Temakinho S.p.a.) offers its customers the possibility to receive at home the meals, food and drinks (hereinafter, "the Products") prepared by the restaurants Temakinho through a collection service at the Restaurant or collection location indicated (" take away service ") and home delivery service (" delivery ").
- Scope of Application
1.1. The following terms and conditions (hereinafter “Terms and Conditions”) regulate the sales contract concerning the Products supplied to the client by the Temakinho Restaurant chosen by the client and then collected by him or delivered to his home.
1.2 The company reserves the right to modify these Terms and Conditions at any time. Any new conditions will be effective from the publication on the website and be applicable exclusively to orders made from the day of their publication. The client is invited to read these Terms carefully.
- Booking procedure
In order to buy the products and order the take away/delivery, the client can place the order by:
- telephone contact at the chosen restaurant
- online access to the "TAKE AWAY/DELIVERY" section of the Site through registration (free), in order to obtain the account, which is personal and non-transferable. The client may cancel his account at any time, it being understood that in this case he will lose the right to purchase through the site, except for the possibility of creating a new account.
- Reservation by phone call
3.1 By phone call to the chosen restaurant, the client will indicate the products chosen and the modality of delivery or take away. He will also communicate to the Restaurant its contact details and telephone number, as well as the delivery address in case he opts for the delivery service.
3.2 The staff, duly authorized to process data for the service, once received the purchase order from the client, will prepare the chosen products, within the terms agreed with the client himself through the telephone contact.
3.3. The client is aware that his telephone acceptance constitutes consent and intention to be bound by these Terms and Conditions of Sale and the special conditions applied to each purchase order, committing to pay for the purchases made.
3.4. The contract between the client and the Restaurant will be concluded by telephone call, and the completion of the order takes place through verbal confirmation (telephone contact) to the number of the chosen restaurant.
3.6. Orders can only be placed by individuals over the age of 16. However, if the age of the Purchaser is less than 16 years, the purchase order must be forwarded involving a parent or guardian, it being understood, in any case, that orders containing alcoholic beverages cannot be accepted if they come from, or carried out on behalf of persons under the age of 18. If the order is still placed by minors, in violation of this provision, the user assumes full responsibility for the purchase and indemnifies the Company for any operation carried out in violation of this provision paragraph.
3.7. The client will not have the right to withdraw from the contract once it has been completed, since these are goods that are likely to deteriorate or expire rapidly.
- Order through the Site
4.1 The client can access the Site in Italian or English.
4.2 The company cannot be held responsible, at any time or for any period of time, for any unavailability, for any reason, of the Site and the application.
4.3 The Site allows the client to order and pay for a wide range of products (meals and drinks) offered by the restaurant through the online service. Once the restaurant has received the purchase order from the client, it will prepare the selected products, within the terms agreed with the client himself through the site by filling in the appropriate fields by the client.
4.4. The purchase order sent by the client is valid as a purchase proposal. The client is aware that his electronic acceptance constitutes consent and intention to be bound by these Terms and Conditions of Sale and the special conditions applied to each purchase order, committing to pay for the purchases made.
4.5. The contract between the client and the restaurant will be concluded by ticking the selection box on the site indicated as "I accept the terms and conditions of sale". Therefore, before placing the order and purchasing the selected products, the client is required to carefully read these "Terms and Conditions of Sale". The order confirmation sent to the client, summarizing the order data of the latter, with the scheduled time for delivery by the restaurant, is valid as acceptance of the proposal and thus completes the contract.
4.6. Parts of the contract mean the client and the restaurant.
4.7 Orders can only be placed by individuals over the age of 16. However, if the age of the Purchaser is less than 16 years, the purchase order must be forwarded involving a parent or guardian, it being understood, in any case, that orders containing alcoholic beverages cannot be accepted if they come from, or carried out on behalf of persons under the age of 18. If the order is still placed by minors, in violation of this provision, the user assumes full responsibility for the purchase and indemnifies the Company for any operation carried out in violation of this provision paragraph.
4.8. The client will not have the right to withdraw from the contract once it has been completed, since these are goods that are likely to deteriorate or expire rapidly.
4.9. Unless the client chooses the method of payment upon collection, with the confirmation of the order, the client authorizes the selected restaurant to charge the indicated amount, as purchase of products.
5.1 The client undertakes to pay the price in full at the time of sending the purchase order by electronic advance payment of the order if he places the order online; or when he picks up the Products if he opts for the take away service; or, in the case of the delivery service, directly to the address indicated by the client for delivery.
5.2 The payment of the price can be made through the following methods made available to the Buyer:
- payment by credit card via Stripe: the client authorizes to pay the amount as the purchase cost of the Products;
- Cash payment: at the time of collection or home delivery, the client can also opt for cash payment.
- Take Away service
6.1 The delivery of the selected and ordered products is carried out using the "take away" modality at the address indicated by the Restaurant and at the time chosen by the client and specified in the order confirmation.
6.2 The products are prepared on the basis of orders placed. The client will not be able to modify an order already sent and already accepted.
6.3 The delivery of the products is subject to payment of the relative price with the chosen method.
6.4 In case of failure to collect the ordered products at the agreed time, the Restaurant will contact the client by telephone. It is understood that failure by the client to collect the products ordered within 30 minutes following the scheduled delivery time indicated in the order confirmation, will result in the payment of the order being charged to the means of payment indicated by the client at the time of placing the order.
6.5 The selected Restaurant cannot be held responsible for any delays in the preparation of the Products and disservices attributable to force majeure and in any case not attributable to the conduct of its employees.
6.6 The client accepts from now on a possible delay of 30 minutes with respect to the scheduled time indicated at the time of the order, a delay that will not be able to give rise to any dispute against the restaurant.
6.7 Upon delivery, the client will verify the correspondence between what has been ordered (and possibly already paid for) and what has been delivered by the Restaurant. The withdrawal of the order by client will result in acceptance of the delivered products, with the consequence that the client will no longer be able to raise any objection or dispute regarding the conformity of the same with the order placed.
6.8 After the delivery of the products, the Restaurant can no longer be held responsible for their conservation methods or for any damage deriving from poor storage following delivery.
- Home delivery service
7.1 For home delivery services, the company makes use of both its own employees, duly authorized to process the data, and third parties such as logistics and food delivery companies, duly appointed as data processors.
7.2 Transportation services are carried out by land.
7.3. The company undertakes to provide the best possible delivery service and within the indicated time frame, taking into account the total number of orders and the circumstances in which the Restaurant is located at the time of the order. In the presence of unforeseeable circumstances and causes of force majeure, such as the traffic situation or climatic conditions, the company and third-party logistics entities cannot be held responsible for any delays in delivery. The client accepts a possible delay of 30 minutes with respect to the scheduled time, a delay that will not be able to follow up on any dispute against the company.
7.4. Upon delivery, the client will verify the correspondence between what was ordered (and possibly already paid) and what was delivered by the Restaurant. The withdrawal of the order by the client will result in acceptance of the delivered products, with the consequence that the Buyer will no longer be able to raise any objection or dispute regarding the conformity of the same with the order placed.
8.1 The prices applied are those communicated by the Restaurant at the time of the order.
8.2 The sale prices are expressed in euros.
8.3 The prices of the products are inclusive of VAT and all other taxes.
8.4 Prices can be changed at any time.
- Applicable law and competent court
7.1 These Terms and Conditions of Sale and the individual purchase orders accepted are governed by Italian law.
7.2 The Court of Milan is competent for any dispute concerning the application, execution, interpretation and violation of these Terms and the individual purchase orders accepted, including any action relating to contractual and non-contractual liability.
7.3 If the company fails to assert its contractually recognized rights or faculties on any occasion, this behavior cannot in any case be interpreted as a waiver of its rights, nor will it prevent the company from requesting full, rigorous and timely compliance at a later time. by the Buyer.
- Provisions on privacy and protection of personal data
In carrying out our activities, we pay the closest attention to the security and confidentiality of the personal data of our users and customers, in compliance with the applicable data protection legislation and according to the principles of necessity, fairness, lawfulness, proportionality, and transparency.
You will find information below on how we process your personal data. Please note that this Privacy Statement does not apply to data processing carried out by or through third-party web pages linked to this website, as we have no influence or control over their configuration and content. We therefore recommend that you consult the relevant privacy and cookie policies.
The website https://www.temakinho.com/ is owned by the company Temakinho S.p.A. with registered office in via Francesco Petrarca n. 6, 20123 Milan (MI), VAT number 07598530967 (hereinafter "Temakinho" or “the Company”). Temakinho S.p.a. has in turn appointed as a Processor for the management of the centralized data database and the infrastructure the company CIGIERRE Compagnia Generale Ristorazione S.p.A., an Italian company with registered office in Tavagnacco (UD), Via Nazionale 35, 33010, Tax Code and registration number no. 01896000302, since Cigierre S.p.a. is the parent company of Temakinho S.p.a..
DATA CONTROLLER AND CONTACT
The data controller of your personal data carried out for the aim of take away and delivery is Temakinho S.p.a. (or sometimes Cigierre S.p.a. when the latter is franchisee of Temakinho S.p.a.).
You can contact the Data Controller by ordinary mail, by writing to the address of the registered office, or by e-mail, to the address firstname.lastname@example.org
Section “take away and delivery” is a section in which the clients can choose the products prepared by the restaurants branded “Temakinho” and collect them at the Restaurant or collection point indicated (“take away” service) or make them deliver at home (“delivery” service).
We inform you that for the transport and delivery services of the Products, the Controller may use both its own employees and third-party food delivery and logistics companies, specifically appointed as Data Processors of the personal data of clients who request these services.
CATEGORIES OF PERSONAL DATA AND MODALITIES OF TREATMENT
What personal data we collect and how we collect it depends on the products you purchase or the services you request, and how you interacted with us. In some cases, we can receive them from third parties, if you have given these subjects the consent to share them.
In particular, in the website we process the following categories of personal data:
- contact details: name, surname, address (for delivery service), phone number, email address;
- payment details: financial information about your credit card or prepaid card if you choose these payment methods for our products or services;
Your data may be processed with manual or IT tools, able to ensure security, confidentiality, and prevent unauthorised access.
If you provide us with personal data on someone else's behalf, you must first ensure that the Data Subjects have read this Privacy Statement.
We ask you to help us to keep your personal data up to date, informing us of any changes that may occur and we ask you not to include in your messages to us personal data concerning third parties or 'sensitive' data (meaning those that could reveal your racial or ethnic origin, your political opinions, religious or philosophical beliefs, your trade union membership, your genetic, biometric or health data, or data about your sex life or sexual orientation). Should you send such data, we will delete this information.
PURPOSES AND LEGAL BASIS FOR PROCESSING DATA
The processing of personal data must be legitimised by one of the legal requirements (so-called 'legal basis') provided by current data protection legislation, as described below:
- purposes of providing online ordering and delivery or take away services at the restaurants you have identified.
You are given the opportunity to order the Products online and collect them at the Temakinho Restaurant or at the indicated collection point (“take away service”) or receive them at home (“delivery service”). Legal basis of the processing: fulfilment of pre-contractual obligations (in the phase of identification and selection of the products to be purchased) and contractual (following the purchase phase and in relation to the delivery phases and possible after-sales assistance) as well as fulfilment of specific obligations of law (for example, administrative-accounting purposes). The provision of data, although not mandatory, is essential and indispensable for the total or partial management of pre-contractual and contractual relationships. Therefore, if you do not provide us with your data, you will not be able to enjoy the service;
- to defend our rights before the judicial, administrative or extrajudicial authorities and in the context of disputes arising in relation to the services offered.
Your personal data could be processed by the Controller to defend your rights or take legal action or even make claims against you or third parties.
Prerequisite for processing: legitimate interest of the Company in protecting its rights. The provision of personal data for this purpose is mandatory. In default the Company will find it impossible to defend its rights.
- Purposes related to the obligations established by laws, regulations or EU legislation, by provisions / requests of authorities and / or by supervisory and control bodies
The Controller will be able to process your personal data to fulfil its legal obligations, also in order to demonstrate to the competent authorities the influx of clients who had access to the restaurants during the period of the Covid-19 epidemic.
Prerequisite for processing: fulfilment of a legal obligation. The provision of personal data for this purpose is mandatory. In default the Company will be unable to fulfil its legal obligations.
DISCLOSURE OF DATA
Your personal data collected through this site may be disclosed to the following categories of subjects:
- our employees specifically assigned to process your data, in particular customer service online and in our restaurants, sales staff, accounting, human resources, IT, marketing, and, in general, our duly appointed employees and employees in our restaurants;
- our employees to provide the requested catering service and to provide you with assistance;
- providers of legal advice and assistance services;
- providers of IT services including software support, or archiving;
- any company used to provide us with a service (e.g. logistics services for the delivery of purchased products, and companies used to provide a home catering service, on our behalf, or at specific restaurants or locations you have chosen)
- the police, government agencies, regulatory bodies, courts or other public authorities authorised by law;
- third parties or bodies to which the communication of data is required by law.
- IT staff or sales / delivery / take away / marketing staff, duly appointed as data processors on behalf of the controller.
The subjects mentioned above may act, depending on the case, as data processors or autonomous data controllers. Other than to these subjects, your data will not be disclosed.
We may transfer your data to US or Canadian service providers which manage the orders.
The transfer of your data to these countries takes place in any case in compliance with the applicable regulations and international treaties.
You have the right to obtain a copy of the data held abroad and to obtain information on the place where such data are kept by expressly requesting it from us at the addresses of our offices or writing to email@example.com.
HOW WE KEEP YOUR PERSONAL DATA SECURE
The Controller uses appropriate security measures in order to improve the protection and maintenance of the security, integrity and accessibility of your personal data.
All your personal data is stored on our secure servers, and is accessible and usable according to our standards and security policies.
If the data are processed by third parties, in the context of the methods and forms of payment, the Controller ensures that security standards equivalent to its own will be applied.
Instead, it is your responsibility to maintain the secrecy of the password to access your reserved area, so we ask you not to share it with anyone.
The Controller is committed to:
- ensure the accuracy and updating of the data processed, and promptly acknowledge any corrections and / or additions requested by the interested party;
- notify the interested party, within the times and in the cases provided for by the mandatory legislation, of any violations of personal data;
- to ensure compliance of the processing operations with the applicable legal provisions.
Furthermore, the Controller processes your personal data in full compliance with the principle of correctness, lawfulness and transparency. In compliance with the Privacy Law, the Controller configures or, in any case, undertakes to configure the information systems and computer programs by minimizing the use of personal data, so as to exclude their processing if the purposes pursued can be achieved by, respectively , anonymous data or appropriate methods that allow the data subject to be identified only in case of need. Finally, it should be noted that the data are not used for the purpose of adopting automated decision-making processes.
The Company keeps your personal data only for the time necessary to achieve the purposes for which they were collected or for any other legitimate related purpose. Your personal data that are no longer necessary, or for which there is no longer a legal prerequisite for its conservation, will be irreversibly anonymised or securely destroyed. Below are the storage times in relation to the various types of data processed:
- Contact details: if processed for the online order and for the take away/delivery service, data may be kept only for the time necessary to process your requests and to carry out the service and in any case no later than the following 10 (ten) years, only for the data necessary for administrative-accounting purposes. With particular reference to the legal protection of our rights or in the event of requests from the authorities, the data processed will be kept for the time necessary to process the request or to pursue the protection of one's right. In any case, for technical reasons, the termination of the processing and the consequent definitive cancellation or irreversible anonymization of the related personal data will be final within thirty days from the terms indicated above;
- Payment data: these data may be kept for the time necessary to process your requests and in any case no later than the next 10 (ten) years, in relation to the data necessary for administrative-accounting purposes;
YOUR RIGHTS CONCERNING THE PROCESSING OF YOUR PERSONAL DATA
We guarantee that you can exercise your rights under Article 12.2 of EU Regulation No. 679/2016 (so-called 'GDPR') at any time. In particular, you have the right to:
- have access to your data;
- request the rectification of your inaccurate personal data or the integration of incomplete data;
- obtain the erasure of your personal data in the presence of one of the reasons envisaged by the GDPR;
- request to limit the processing only to specific personal data, if one of the reasons provided for in the Regulation occurs;
- object in whole or in part to the processing of your personal data;
- withdraw your consent to the processing at any time if it is based on consent, without prejudice to the lawfulness of the corresponding processing until the time of withdrawal.
The exercise of these rights is subject to some exceptions aimed at safeguarding the public interest (for example the prevention or identification of crimes) and our interests. In the event that you exercise any of the aforementioned rights, it will be our responsibility to verify that you are entitled to exercise it and we will reply, as a rule, within one month.
You can exercise these rights by sending a communication to the Controller or by writing to firstname.lastname@example.org
Furthermore, you always have the right to lodge a complaint with the national Data Protection Authority, whose contacts are available at https://www.garanteprivacy.it/home/footer/contatti