Terms & conditions

The one thing worth knowing: what you put together here is not a confirmed order. It is a request you send us on WhatsApp and we confirm. You pay at the counter, as always.

1. What this covers

These terms govern use of [DOMAIN], run by Esperia Naxos Soc. Coop. ("the Shop"). Browsing the site means accepting them; if they don't suit you, don't use it.

2. What this site is

A shop window with the Shop's menu, plus a tool that helps you compose an order request to send over WhatsApp.

It is not an online shop: no payments, no distance selling, no delivery.

3. How ordering actually works

1. You build your selection here; it stays on your device.
2. The site prepares a ready-written WhatsApp message.
3. You send it, from your own number.
4. The order exists only once we confirm it — availability, actual price, timing.
5. You pay at the counter or table, on collection.

Until our confirmation arrives there is no contract and no obligation to prepare anything. Availability and timing depend on how busy we are and what is left: an August evening on the seafront is not a Tuesday in November.

Withdrawal. The contract is formed and performed at the premises, so it is not a distance contract under Arts. 45 ff. of the Italian Consumer Code (Legislative Decree 206/2005) and the right of withdrawal does not apply. Your rights over faulty or non-conforming goods remain untouched.

4. Prices, hours, availability

Prices are in euro, VAT included. Items sold by weight are priced when weighed; where it says "price at the counter", ask us there — we don't invent a number here.

If the price here and the price displayed in the shop differ, the one in the shop applies.

Indicative hours: 18:00–23:00, closed on Wednesdays. They can change for holidays or reasons beyond our control. The "open/closed" badge is calculated automatically and is there to orient you, not to bind us.

5. Allergens: the part to read properly

Allergen information follows Annex II of Reg. (EU) 1169/2011 and is declared by the Shop based on the product sheets available.

There is one kitchen and the fryers share the same oil: we cannot rule out cross-contamination. If your allergy is serious, tell a member of staff in person before ordering. Notes typed into the WhatsApp message do not replace that conversation.

Where the full ingredient list is not published online, it is available at the counter. This site gives no medical or nutritional advice.

6. Using the site properly

You agree not to:

• send fake, repeated or obviously insincere orders;
• use bots or scrapers against the site;
• attempt unauthorised access or interfere with its operation;
• reproduce the content beyond what the law allows.

7. What belongs to us

The name, trade mark, illustrations and mascot, product photographs, text, graphics and code belong to the Shop or their respective authors, protected by Italian Law 633/1941 and the Industrial Property Code. Reproducing, distributing or altering them needs our written consent. [CHECK: if illustrations or photos were made by third parties, confirm ownership or licence]

8. How far we are liable

So far as the law allows, the Shop is not liable for:

• interruptions, downtime or technical faults of the site;
• a WhatsApp message failing to arrive for technical or third-party reasons;
• the content of external sites we link to;
• indirect or consequential loss arising from use of the site.

Nothing here limits liability that the law does not allow us to exclude: food safety and product conformity, wilful misconduct or gross negligence, personal injury, and the mandatory rights the Consumer Code gives to buyers.

9. Indemnity

If you use the site in breach of these terms or the law and a third party brings a claim as a result, that is on you.

10. Suspending the service

There are no accounts, so there is nothing to suspend or delete. The Shop may take the site down, in whole or in part, without notice, and may decline plainly abusive requests.

11. Law and jurisdiction

Italian law applies.

If you are a consumer, the courts where you live or have elected domicile have exclusive jurisdiction (Art. 66-bis, Legislative Decree 206/2005). Otherwise, the courts of [Messina — CHECK the registered office].

For an out-of-court settlement you may approach the ADR bodies listed with the Italian Ministry of Enterprise or the competent Chambers of Commerce.

12. Odds and ends

If one clause turns out to be invalid, the rest stand. Tolerating a breach once is not a waiver. These Terms, together with the Privacy and Cookie notices, are the whole agreement between us. Changes take effect when published.