These Terms govern
in a legally binding way. Capitalized words are defined in the relevant dedicated section of this document.
The User must read this document carefully.
Nothing in these Terms creates any relationship of employment, agency, or partnership between the involved parties.
Piera Pasta Fresca Pty Ltd is provided by:
Piera Pasta Fresca Pty Ltd, L1 237-239 Nicholson Street, Carlton VIC 3053
Owner contact email: firstname.lastname@example.org
Single or additional conditions of use or access may apply in specific scenarios and in such cases are additionally indicated within this document.
By using Piera Pasta Fresca Pty Ltd, Users confirm to meet the following requirements:
To use the Service Users may register or create a User account, providing all required data or information in a complete and truthful manner.
Users may also use the Service without registering or creating a User account, however, this may cause limited availability of certain features or functions.
Users are responsible for keeping their login credentials confidential and safe. For this reason, Users are also required to choose passwords that meet the highest standards of strength permitted by Piera Pasta Fresca Pty Ltd.
By registering, Users agree to be fully responsible for all activities that occur under their username and password.
Users are required to immediately and unambiguously inform the Owner via the contact details indicated in this document, if they think their personal information, including but not limited to User accounts, access credentials or personal data, have been violated, unduly disclosed or stolen.
Users can terminate their account and stop using the Service at any time by doing the following:
The Owner reserves the right, at its sole discretion, to suspend or delete at any time and without notice, User accounts which it deems inappropriate, offensive or in violation of these Terms.
The suspension or deletion of User accounts shall not entitle Users to any claims for compensation, damages or reimbursement.
The suspension or deletion of accounts due to causes attributable to the User does not exempt the User from paying any applicable fees or prices.
Unless where otherwise specified or clearly recognizable, all content available on Piera Pasta Fresca Pty Ltd is owned or provided by the Owner or its licensors.
The Owner undertakes its utmost effort to ensure that the content provided on Piera Pasta Fresca Pty Ltd infringes no applicable legal provisions or third-party rights. However, it may not always be possible to achieve such a result.
In such cases, without prejudice to any legal prerogatives of Users to enforce their rights, Users are kindly asked to preferably report related complaints using the contact details provided in this document.
The Owner holds and reserves all intellectual property rights for any such content.
Users may not therefore use such content in any way that is not necessary or implicit in the proper use of the Service.
In particular, but without limitation, Users may not copy, download, share (beyond the limits set forth below), modify, translate, transform, publish, transmit, sell, sublicense, edit, transfer/assign to third parties or create derivative works from the content available on Piera Pasta Fresca Pty Ltd, nor allow any third party to do so through the User or their device, even without the User's knowledge.
Where explicitly stated on Piera Pasta Fresca Pty Ltd, the User may download, copy and/or share some content available through Piera Pasta Fresca Pty Ltd for its sole personal and non-commercial use and provided that the copyright attributions and all the other attributions requested by the Owner are correctly implemented.
Any applicable statutory limitation or exception to copyright shall stay unaffected.
Through Piera Pasta Fresca Pty Ltd Users may have access to external resources provided by third parties. Users acknowledge and accept that the Owner has no control over such resources and is therefore not responsible for their content and availability.
Conditions applicable to any resources provided by third parties, including those applicable to any possible grant of rights in content, result from each such third parties’ terms and conditions or, in the absence of those, applicable statutory law.
Piera Pasta Fresca Pty Ltd and the Service may only be used within the scope of what they are provided for, under these Terms and applicable law.
Users are solely responsible for making sure that their use of Piera Pasta Fresca Pty Ltd and/or the Service violates no applicable law, regulations or third-party rights.
Therefore, the Owner reserves the right to take any appropriate measure to protect its legitimate interests including by denying Users access to Piera Pasta Fresca Pty Ltd or the Service, terminating contracts, reporting any misconduct performed through Piera Pasta Fresca Pty Ltd or the Service to the competent authorities – such as judicial or administrative authorities - whenever Users engage or are suspected to engage in any of the following activities:
Users may access their data relating to Piera Pasta Fresca Pty Ltd via the Application Program Interface (API). Any use of the API, including use of the API through a third-party product/service that accesses Piera Pasta Fresca Pty Ltd, is bound by these Terms and, in addition, by the following specific terms:
Some of the Products provided on Piera Pasta Fresca Pty Ltd, as part of the Service, are provided on the basis of payment.
The fees, duration and conditions applicable to the purchase of such Products are described below and in the dedicated sections of Piera Pasta Fresca Pty Ltd.
Prices, descriptions or availability of Products are outlined in the respective sections of Piera Pasta Fresca Pty Ltd and are subject to change without notice.
While Products on Piera Pasta Fresca Pty Ltd are presented with the greatest accuracy technically possible, representation on Piera Pasta Fresca Pty Ltd through any means (including, as the case may be, graphic material, images, colors, sounds) is for reference only and implies no warranty as to the characteristics of the purchased Product.
The characteristics of the chosen Product will be outlined during the purchasing process.
Any steps taken from choosing a Product to order submission form part of the purchasing process.
The purchasing process includes these steps:
When the User submits an order, the following applies:
Users are informed during the purchasing process and before order submission, about any fees, taxes and costs (including, if any, delivery costs) that they will be charged.
Prices on Piera Pasta Fresca Pty Ltd are displayed:
The Owner may offer discounts or provide special offers for the purchase of Products. Any such offer or discount shall always be subject to the eligibility criteria and the terms and conditions set out in the corresponding section of Piera Pasta Fresca Pty Ltd.
Offers and discounts are always granted at the Owner’s sole discretion.
Repeated or recurring offers or discounts create no claim/title or right that Users may enforce in the future.
Depending on the case, discounts or offers shall be valid for a limited time only or while stocks last. If an offer or discount is limited by time, the time indications refer to the time zone of the Owner, as indicated in the Owner’s location details in this document, unless otherwise specified.
Offers or discounts can be based on Coupons.
If breach of the conditions applicable to Coupons occurs, the Owner can legitimately refuse to fulfill its contractual obligations and expressly reserves the right to take appropriate legal action to protect its rights and interests.
Notwithstanding the provisions below, any additional or diverging rules applicable to using the Coupon displayed in the corresponding information page or on the Coupon itself shall always prevail.
Unless otherwise stated, these rules apply to the use of Coupons:
Information related to accepted payment methods are made available during the purchasing process.
Some payment methods may only be available subject to additional conditions or fees. In such cases related information can be found in the dedicated section of Piera Pasta Fresca Pty Ltd.
Other payment methods – if any – are independently provided by third-party services. In such cases Piera Pasta Fresca Pty Ltd collects no payment information – such as credit card details – but only receives a notification from the relevant third-party provider once the payment has been successfully completed.
If payment through the available methods fail, the Owner shall be under no obligation to fulfil the purchase order. Any possible costs or fees resulting from the failed or refused payment shall be borne by the User.
If Users authorize the PayPal feature which allows future purchases, Piera Pasta Fresca Pty Ltd will store an identification code linked to the Users’ PayPal account. This will authorize Piera Pasta Fresca Pty Ltd to automatically process payments for future purchases or recurring installments of past purchases.
This authorization can be revoked at any time, either by contacting the Owner or by changing the user settings offered by PayPal.
Until payment of the total purchase price is received by the Owner, any Products ordered shall not become the User’s property.
Deliveries are made to the address indicated by the User and in the manner specified in the order summary.
Upon delivery, Users must verify the content of the delivery and report anomalies without undue delay, using the contact details provided in this document or as described in the delivery note. Users may refuse to accept the parcel if visibly damaged.
Goods are delivered to the following countries or territories: AUSTRALIA.
Delivery times are specified on Piera Pasta Fresca Pty Ltd or during the purchasing process.
Users may choose to collect their purchase at one of the “collection points” outlined in the dedicated section of Piera Pasta Fresca Pty Ltd and according to the timeframe communicated.
Subject to prior agreement with the Owner, Users may arrange the pickup of the purchased goods by a carrier of their choice in good time and at their own risk and expense.
The Owner cannot be held responsible for delivery errors due to inaccuracies or incompleteness in the execution of the purchase order by the User, nor for any damages or delays after handover to the carrier if the latter is arranged by the User.
If the goods are not received or collected at the time or within the deadline specified, the goods will be returned to the Owner, who will contact the User to schedule a second delivery attempt or to agree on the future course of action.
Unless otherwise agreed, any delivery attempt starting from the second shall be at the User’s expense.
Unless exceptions apply, the User may be eligible to withdraw from the contract within the period specified below (generally 14 days), for any reason and without justification. Users can learn more about the withdrawal conditions within this section.
Users acknowledge and accept that the right of withdrawal does not apply to contracts concluded over Piera Pasta Fresca Pty Ltd due to the nature of its offering.
The Owner’s failure to assert any right or provision under these Terms shall not constitute a waiver of any such right or provision. No waiver shall be considered a further or continuing waiver of such term or any other term.
To ensure the best possible service level, the Owner reserves the right to interrupt the Service for maintenance, system updates or any other changes, informing the Users appropriately.
Within the limits of law, the Owner may also decide to suspend or terminate the Service altogether. If the Service is terminated, the Owner will cooperate with Users to enable them to withdraw Personal Data or information in accordance with applicable law.
Additionally, the Service might not be available due to reasons outside the Owner’s reasonable control, such as “force majeure” (eg. labor actions, infrastructural breakdowns or blackouts etc).
Users may not reproduce, duplicate, copy, sell, resell or exploit any portion of Piera Pasta Fresca Pty Ltd and of its Service without the Owner’s express prior written permission, granted either directly or through a legitimate reselling programme.
Without prejudice to any more specific provision of these Terms, any intellectual property rights, such as copyrights, trademark rights, patent rights and design rights related to Piera Pasta Fresca Pty Ltd are the exclusive property of the Owner or its licensors and are subject to the protection granted by applicable laws or international treaties relating to intellectual property.
All trademarks — nominal or figurative — and all other marks, trade names, service marks, word marks, illustrations, images, or logos appearing in connection with Piera Pasta Fresca Pty Ltd are, and remain, the exclusive property of the Owner or its licensors and are subject to the protection granted by applicable laws or international treaties related to intellectual property.
The Owner reserves the right to amend or otherwise modify these Terms at any time. In such cases, the Owner will appropriately inform the User of these changes.
Such changes will only affect the relationship with the User for the future.
The continued use of the Service will signify the User’s acceptance of the revised Terms. If Users do not wish to be bound by the changes, they must stop using the Service. Failure to accept the revised Terms, may entitle either party to terminate the Agreement.
The applicable previous version will govern the relationship prior to the User's acceptance. The User can obtain any previous version from the Owner.
The Owner reserves the right to transfer, assign, dispose of by novation, or subcontract any or all rights or obligations under these Terms, taking the User’s legitimate interests into account. Provisions regarding changes of these Terms will apply accordingly.
Users may not assign or transfer their rights or obligations under these Terms in any way, without the written permission of the Owner.
All communications relating to the use of Piera Pasta Fresca Pty Ltd must be sent using the contact information stated in this document.
Should any provision of these Terms be deemed or become invalid or unenforceable under applicable law, the invalidity or unenforceability of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect.
Any such invalid or unenforceable provision will be interpreted, construed and reformed to the extent reasonably required to render it valid, enforceable and consistent with its original intent. These Terms constitute the entire Agreement between Users and the Owner with respect to the subject matter hereof, and supersede all other communications, including but not limited to all prior agreements, between the parties with respect to such subject matter. These Terms will be enforced to the fullest extent permitted by law.
Should any provision of these Terms be or be deemed void, invalid or unenforceable, the parties shall do their best to find, in an amicable way, an agreement on valid and enforceable provisions thereby substituting the void, invalid or unenforceable parts.
In case of failure to do so, the void, invalid or unenforceable provisions shall be replaced by the applicable statutory provisions, if so permitted or stated under the applicable law.
Without prejudice to the above, the nullity, invalidity or the impossibility to enforce a particular provision of these Terms shall not nullify the entire Agreement, unless the severed provisions are essential to the Agreement, or of such importance that the parties would not have entered into the contract if they had known that the provision would not be valid, or in cases where the remaining provisions would translate into an unacceptable hardship on any of the parties.
These Terms are drawn up and revised in English. Other language versions of these Terms are provided for information purposes only. In the event of any inconsistency between different linguistic versions, the original version shall always prevail.
These Terms are governed by the law of the place where the Owner is based, as disclosed in the relevant section of this document, without regard to conflict of laws principles.
The exclusive competence to decide on any controversy resulting from or connected to these Terms lies with the courts of the place where the Owner is based, as displayed in the relevant section of this document.
Users may bring any disputes to the Owner who will try to resolve them amicably.
While Users' right to take legal action shall always remain unaffected, in the event of any controversy regarding the use of Piera Pasta Fresca Pty Ltd or the Service, Users are kindly asked to contact the Owner at the contact details provided in this document.
The User may submit the complaint to the Owner by using the dedicated section of Piera Pasta Fresca Pty Ltd and following the instructions provided.
The Owner will process the request without undue delay and within 21 days of receiving it.
The property that enables the provision of the Service.
Any legally binding or contractual relationship between the Owner and the User, governed by these Terms.
Any User that does not qualify as a Consumer.
Any code or voucher, in print or electronic form, which allows the User to purchase the Product at a discounted price.
Applies where a User is physically present or has their registered offices within the EU, regardless of nationality.
Indicates the natural person(s) or legal entity that provides Piera Pasta Fresca Pty Ltd and/or the Service to Users.
A good or service available for purchase through Piera Pasta Fresca Pty Ltd, such as e.g. physical goods, digital files, software, booking services etc.
The sale of Products may be part of the Service.
The service provided by Piera Pasta Fresca Pty Ltd as described in these Terms and on Piera Pasta Fresca Pty Ltd.
All provisions applicable to the use of Piera Pasta Fresca Pty Ltd and/or the Service as described in this document, including any other related documents or agreements, and as updated from time to time.
Indicates any natural person or legal entity using Piera Pasta Fresca Pty Ltd.
Any User qualifying as a natural person who accesses goods or services for personal use, or more generally, acts for purposes outside their trade, business, craft or profession.