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Terms and conditions

Pursuant to and in accordance with the law N. 206/2005 Chapter I, Title 3, Part 3, and following modifications and integrations

1. Premise and validity of General Conditions

This page sets out the terms and conditions (“General Conditions”) on which we, provide our services through our website www.ubarba.it (“Website”) in accordance with the Italian law n. 206/2005 and following modifications and integrations (“Codice del Consumo“).

The seller of the products and unique owner of the website is: UNCLE s.r.l. Head office at, via Pier Candido Decembrio 33, 20137 Milano (MI), C.F. 06978620968, VAT number 06978620968 and registered company number at Registro Imprese di Milano MI-1928029.

E-mail address: info@ubarba.it (“Ubarba”).

The consumer accessing the website to place orders (“Customer”) is required to check out the General Conditions, before confirming the order; General Conditions are consultable also by clicking on the link present on the  order confirmation e-mail.

These General Conditions rule and determine any eventual transaction made through the Website, in accordance with the Italian law.

You may access some areas of the Website without making an order or registering your details with us. Most areas of the Website are open to everyone. To place an order you will be requested to register and create your personal account. After providing the requested informations we will send you an e-mail, containing your access password and subscription confirmation.

2. Products and Service features

Using the Services offered by our Website (“Services”) the Customer can choose and purchase food and beverages availables on the Menu (“Products”) only whether the delivery destination is included in the Service’s effectiveness area.

By sending an order through our Website, the Customer declares he has read and understood the directions given during the purchasing procedure and agrees totally with the General Conditions. Once the Order is sent, we will start processing it, the Customer will not be entitled to change or cancel the it after this moment, nor will the Customer be entitled to a refund.

On receipt of the Customer’s Order, we will accept it and the transaction will be considered concluded; this will be notificated to the Customer through a confirmation e-mail. Whether one or more Products are not available, the Customer will be informed during the purchasing procedure.

3. Products informations

Informations, main ingredients and Products features are available on the Website.

Images of the Products are for illustrative purposes only, and may not be correspondent to the charahteristics of the final Products.

4. Prices and delivery costs

Minimum order is equal to 24,00 € and the delivery cost, in the Service’s effectiveness area, is 4,00 €. Whether the Customer places an Order at least 24 hours before the delivery is requested, the delivery cost will be reduced to 2,00 €.

5. Payment methods

Payment for Orders and delivery costs can me made through PayPal, in cash at the moment of delivey, or by using tickets belonging to the circuit Ticket Restaurant (“Voucher”).

If paying through Voucher the Customer is informed and agrees that If the order value is less than the Voucher’s value no change or cash will be given.

If paying through PayPal the Customer will be redirected to PayPal website, where he will be able to pay according to the methods accepted and ruled by PayPal.

6. Delivery

Products purchased on our Website will be delivered to the address provdided by the Customer in the purchasing procedure.

Every Product purchased will be delivered through a “bike delivery” service or any other kind of delivery service selected by Ubarba and available for the area/time slot the Customer requests.

Estimated times for deliveries are only estimates. The customer understands and agrees that, as stated in article 9 of this document, third party societies are responsible for the delivery service, therefore except cases of gross neglicence and wilful misconduct, Ubarba will be not responsible for any eventual delays in deliveries.

7. Exclusion of the Right of withdrawal

Any purchase carried out by the Customer through our Website is to be meant as binding, with exclusion of the Right of withdrawal in accordance with the article 59 of Codice del Consumo, concerning Products that:

  • Deteriorate or expire shortly
  • Are not suitable for return due to health protection or hygiene reasons

8. Limitation of liability and Customer violations

Except cases of gross neglicence or wilful misconduct, the Customer has no right to be refunded and there is no provision for compensation, nor any contractual or non-contractual liability for damages to people or goods, arising from failure to accept or process, even partially, an Order.

Ubarba makes constant efforts to keep the informations about Products up to date, nevertheless cannot guarantee the complete absence of mistakes, for which , except cases of gross neglicence or wilful misconduct, Ubarba will not be considered responsible.

The Customer agrees that he will provide on its full and sole responsibility, any eventual information about food allergies or intolerances as well as dietary requirements to Ubarba before ordering. In case of any doubts regarding ingredients or compositions of the Product, the Customer  will ask Ubarba for any further clarification on its own responsibility. Except cases of gross neglicence or wilful misconduct, Ubarba is not liable for any kind of harmful events arising from missing, incomplete or false informations provided by the Customer, regarding what stated in this paragraph.

Ubarba promotes responsible consumption of alcoholics. Any purchase of alcohol carried out by persons under the age of 16 is considered forbidden, therefore Ubarba will not be considered responsible of the fact, except cases of gross neglicence or wilful misconduct.

9. Events outside our control

Ubarba will not be liable or responsible for any failure to perform, or delay in performance of, any of its obligations under these Website Terms or arising from the purchase of Products, that is caused by events outside its reasonable control (“Force Majeure Event”). A Force Majeure Event includes any act, event, non-occurrence, omission or accident beyond our reasonable control and includes (without limitation) in particular:

  • War, terrorist attack or threat of terrorist attack, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster for which is declared a state of emergency or state of natural disaster. Civil commotion, riot, strikes, measures taken by judicial authorities or public administration, and in general any kind of cicumstances not attributable to Ubarba, that makes it impossible to operate the service regularly.

10. Intellectual property rights

Ubarba is the unique owner of the “Ubarba” brand, of the intellectual property rights and of the economic exploitation related to the brand. The copyright and other intellectual property rights in the Website and in material published on it (including without limitation photographs, graphical images, logos, etc. ) are owned by Ubarba. The Customer is not allowed to copy, modify or use any of the materials on the Website or the Website itself for commercial purposes without obtaining a written licence from Ubarba to do so.

11. General provisions

Ubarba may revise these General Conditions at any time. The Customer should check the Website regularly to review the current General conditions, because they are binding on him. The Customer will be subject to the policies and terms and conditions in force at the time that an Order is placed through Ubarba.

When using the Website or ordering Products via the Website, the Customer accepts that communication with Ubarba will be exclusively electronic. Ubarba could contact the Customer by email or provide him with information by posting notices on the Website. For contractual purposes, the Customer agrees to this electronic means of communication and acknowledges that all contracts, notices, information and other communications that Ubarba provides electronically, comply with any legal requirement that such communications be in writing. The Customer is informed that such communication method is fundamental for Ubarba to provide Services regularly and within requested times. The Website is structured to allow the Customer to manage autonomously each passage of the purchasing process. Other means of communication could be used whether the nature of informations may require it.

Ubarba may terminate or suspend (at our absolute discretion) Customer’s personal account immediately if believed that:

  • The Customer has communicated false or erroneus or incomplete data regarding personal informations, food allergies or intolerances or medical conditions that can prevent Ubarba to provide the Services correctly
  • The Customer has used the Website in breach of paragraph 10 of these General Conditions

12. Applicable law – Competent court

The sale contract between the Customer and Ubarba shall be governed by and construed in accordance with Italian law. Disputes or claims arising in connection with these General Conditions (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the Customer’s municipality courts.

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In accordance with the article 1341 c.c. by selecting “i accept” during the purchasing procedure on the Website, the Customer declares that he has read and understood these General Conditions and specifically: 2 (the customer is not entitled to change the Order), 6 (delivery), 7 (exclusion of the right of withdrawal), 8 (limitation of liability), 11 (revise of general conditions – electronic communication – suspension of personal account).