Terms and Conditions – Privacy Policy – Anti-Money Laundering Policy

 

WHEEL and MEAL S.r.l.

Terms and Conditions of Sale – Privacy Policy and Anti-Money Laundering

 

1. Introduction

These General Terms and Conditions of Sale govern the purchase and marketing of food products and beverages in general, ordered by the Client from WHEEL AND MEAL S.r.l. through its sales network and/or via the website www.wheelandmeal.com, in compliance with Italian Legislative Decree No. 206/2005, as subsequently amended and supplemented, as well as the procedures for subscribing to the services offered by the Company.The products shall be marketed and/or sold by WHEEL AND MEAL S.r.l. and/or by companies designated by it.

Any Client intending to order selected products through the sales network and/or by accessing the Website is required to register on the website www.wheelandmeal.com, declaring that they accept, have read, and agree to these General Terms and Conditions of Sale, as well as the rules governing the use of the services offered by the Service Provider, both published on the Website.

Registration on the website www.wheelandmeal.com is mandatory and a prerequisite for the provision of the services offered by the Service Provider and/or for the submission of product purchase orders.The relationship between the Client and the Service Provider shall be governed by these General Terms and Conditions of Sale in accordance with Italian law. The contract may be concluded in Italian or, alternatively, in English. Regardless, by accepting any administrative document relating to the services provided and/or the products purchased, or by submitting any written and/or verbal request to WHEEL AND MEAL S.r.l., the Client DECLARES that they have reviewed, read, and accepted the General Terms and Conditions of Sale, available on the Company’s website, and agree to them without exception (Articles 3, 5, 6, 7 and 8), the Contractual Conditions of the services offered by the Company (Article 4), the Company’s Privacy Policy (Article 11), and declare compliance with anti-money laundering obligations (Article 12).Any withdrawal (Article 9) and/or complaint (Article 10) must comply with the procedures set out in the respective Articles.

2. Subject Matter of the Agreement

WHEEL AND MEAL S.r.l. provides logistics, storage, warehousing, sales and distribution services relating to food products and beverages to its clients, through its commercial network and/or via the website www.wheelandmeal.com. The characteristics of such services, together with the applicable fees, usage costs and prices, are specified and downloadable on the aforementioned website and in the price lists and catalogues delivered to the Client.

The information published on the website supplements and completes the content of these General Terms and Conditions of Sale and governs the modalities for the performance of the services provided by WHEEL AND MEAL S.r.l.

3. Formation of the Contract

In order to purchase the Products and the services offered by the Company, the Client shall register by using the web platform and/or by contacting the commercial network of WHEEL AND MEAL S.r.l. Through the web portal
www.wheelandmeal.com, the Client may enable the events in which they intend to participate and complete, enter and submit its order form in electronic format, in accordance with the instructions and deadlines set out and highlighted on the Website.
Without registration, the Client shall neither be entitled to access the online services made available by the Service Provider nor to use the portal for the submission of online orders.
Regardless, by submitting a purchase order, the Client DECLARES and confirms that they have read, reviewed and accepted the General Terms and Conditions of Sale, as well as the Company’s Privacy Policy and Anti-Money Laundering provisions.

By placing the order via our website or by email, which shall constitute a contractual offer, implies that the Client acknowledges and declares that they have reviewed all information provided during the purchase procedure and fully accepts them, including the payment terms indicated and provided by WHEEL AND MEAL S.r.l.

The contract between the Seller and the Client shall be deemed concluded upon acceptance of the order by the Seller. Thereafter, in accordance with these General Terms and Conditions of Sale, the Seller shall verify the availability of the ordered products for the purpose of fulfilling the order. Should one or more products be unavailable, the Seller shall promptly notify the Client.

The Seller shall retain copies of the orders received and of the relevant acceptances for a reasonable period of time in compliance with applicable law. Such documentation shall be accessible to the Seller’s employees who require access for the proper performance of their duties and for the correct execution of the contractual terms. The documentation may also be made available to third parties solely for the purpose of performing the contractual obligations, as well as to any persons entitled thereto pursuant to applicable law.

4. Services

Upon registration on the web portal www.wheelandmeal.com, the Client may enable the events in which it intends to participate, complete, enter and submit its order form in electronic and/or paper format, in accordance with the instructions and deadlines set out on the e-commerce website, and/or make use of a range of services provided by WHEEL AND MEAL S.r.l., including, for example but not limited to:

• Advisory services in the selection of products based on their specific use, price, packaging and storage requirements, provided by highly qualified personnel on site and/or by administrative staff via email, WhatsApp, telephone, etc. At all times and under all circumstances, a designated contact person shall be made available to the Client for the resolution of any issues arising, or that may arise, during the managed event or manifestation.
• Order management optimized to ensure maximum freshness and availability of the requested products (aimed at ensuring traceability and proper maintenance of the cold chain), with a reduction in transport risks and times and a consequent decrease in product perishability. Unless otherwise specified, product orders shall be submitted within the 15 days preceding the event. The client shall receive an updated price list, valid for the entire racing season from the date of execution of this Agreement, which shall be deemed inclusive of all services provided by the Service Provider (from letter a) to letter f)). The payment of the invoice, based on the order submitted by the client, shall be made in accordance with the terms indicated therein. The client shall not be subject to any contractual minimum order quantity, except in the case of specific deliveries and particular destinations for which, at the beginning of the season, the Service Provider reserves the right to define specific conditions (due to increased logistical complexity in the transfer of vehicles and goods ordered by the Client).
• Preparation of goods according to the various required temperature categories (frozen, deep-frozen, perishable goods, fresh fruit and vegetables, fresh fish, etc.), in compliance with the instructions and requirements provided by the Client.
• Loading and transport: generally, loading of the ordered goods shall take place on the Saturday preceding the race week, ensuring that the vehicle and goods are available to the Client on Monday afternoon, ready for unloading in accordance with the requirements and customary practices of the Hospitality area. This shall apply to each sporting event included in the attached official race calendar, within Italy and the European Union. For events outside the EU, specific instructions shall be provided depending on the selected events. Transport shall be carried out by experienced personnel using vehicles equipped to ensure proper preservation of products and maintenance of the required temperature conditions.
• Delivery and unloading of the food products ordered by the Client shall be carried out directly within the paddock areas, in accordance with the instructions provided by the Client at the time of ordering, including at different times and/or on different days, depending on the specific needs of the Hospitality area. This shall apply to each sporting event included in the official race calendar.
• On-site support shall be ensured through our drivers—trusted, experienced and available personnel—together with our employees and/or collaborators present on site, who shall assist the Client throughout all delivery phases, according to its specific requirements, facilitating unloading operations and addressing any emerging issues for the entire duration of their stay within the paddock.

Without registration on the website www.wheelandmeal.com, the Client shall neither be entitled to make use of the services provided by the Service Provider nor to use the portal for the submission of online orders.

5. Product Information

Information and characteristics relating to the Products are available on the website www.wheelandmeal.com www.wheelandmeal.com and/or on the website of the manufacturing company. Any additional information beyond what is published therein shall be provided upon specific request by the Client, by sending a communication to the email address business@wheelandmeal.com.

The visual representation of the Products on the Website, where available, normally corresponds to the photographic image accompanying the relevant product description. It is understood that such images are provided solely for the purpose of presenting the Products for sale and may not be perfectly representative of their actual characteristics and qualities, and may differ, for example, in colour, size, or other features. In the event of any discrepancy between the image and the written product description, the written description shall prevail.
The Seller, dealing exclusively with packaged goods manufactured and supplied by third parties (suppliers), shall not be held liable for the accuracy and completeness of the information indicated on the packaging and, in any event, for the composition, ingredients, production methods, traceability (EU Reg. No. 1379/2013), or safety data sheets (EU Reg. No. 1907/2006) relating to such Products.

Any “natural” loss of weight that the goods may undergo during transport shall be borne by the Client. The Client is required to inspect the goods at the time of collection, immediately reporting to the carrier (Transporter) and/or to the Service Provider’s personnel and/or collaborators present in the paddock any discrepancies, damage and/or non-conformity with the order (as provided under Article 8), and subsequently notifying the same by email to business@wheelandmeal.com.

In accordance with the Italian Consumer Code, liability for damage caused by product defects shall rest with the manufacturer.

6. Price

The Products marketed by the Seller and the corresponding prices, net of VAT, are available through catalogues sent to the Client or may be consulted on the website wheelandmeal.com, except for Products that may be purchased abroad (EU and/or non-EU) directly by WHEEL AND MEAL S.r.l., for which a specific quotation shall be provided at the time of the order.

The prices indicated on the invoice are net of all taxes and duties. All prices are expressed in Euro (€). Pursuant to Article 26 of Presidential Decree No. 633/1972, no discounts, allowances or rounding adjustments shall be recognized unless expressly indicated in the invoice.

Shipping costs and/or any order customizations shall be borne by the Client. Any promotions in force shall be communicated by the Seller on the website www.wheelandmeal.com or may be tailored to the Client at the Seller’s sole and absolute discretion.
Deliveries/shipments carried out by the Seller involving goods and/or Products requiring different temperature conditions (ambient, chilled, frozen, etc.), split deliveries over multiple days, and/or special deliveries not expressly contemplated in this document, may result in additional logistics costs, which shall be quantified in advance and specified in the relevant documentation.

The Seller reserves the right, at any time, to modify or discontinue the service, in whole or in part, without prior notice in the event of contractual breach by the Client (cf. Articles 2, 3, 7, 9, 10, 11 and 12), without incurring any liability for suspension or interruption of the service.

7. Payment Terms and Invoicing

Following the order confirmation referred to in Article 3, the Seller shall issue a proper invoice in compliance with the applicable laws and regulations.
The Client shall make payment of the amounts indicated therein, including the price of the Products, the requested services, and any related delivery, shipping, logistics and transport costs, as well as any other charges specified in the invoice, by bank transfer and/or credit card and/or in accordance with the payment instructions set out in the issued documentation.
No payment methods or terms other than those agreed between the Seller and the Client and indicated in the invoice shall be accepted. The Service Provider reserves the right to request advance payments on orders placed by the Client; such advances shall be communicated in advance to the Client, who undertakes to settle them in the methods and within the deadlines required by the Service Provider; under penalty of cancellation of the order.

8. Transport and Delivery

The ordered Products shall be delivered to the address indicated by the Client. For delivery of the goods, shall be required the presence of the Client, a duly authorized representative thereof, and/or an adult over 18 years of age.
Upon delivery by the Carrier, the Client is required to verify the integrity of the goods and Products and their conformity with the order, ensuring that they correspond to the details set out in the transport document. Any non-conformities or claims must be submitted by email to business@wheelandmeal.com within 24 hours of delivery, together with appropriate supporting documentation, including photographic evidence of the discrepancies identified.

Deliveries shall not be made to post office boxes.

The Service Provider shall not be held liable for delays attributable to causes beyond its reasonable control.

In the event that, following notification by the Seller of a delay in the delivery date, the Client wishes to cancel the Order, any amount already paid shall, upon the Client’s request, either be refunded or retained by the Seller as a credit in favour of the Client for future purchases. Such request must be sent by email to business@wheelandmeal.com no later than 3 (three) hours from receipt of the aforementioned notification. This provision shall apply only where the delay exceeds 3 (three) days beyond the delivery date scheduled with the Client.

The Seller reserves the right to correct errors, inaccuracies or omissions even after the order submission, or to modify or update information at any time without prior notice, without prejudice to the Client’s rights under these General Terms and Conditions of Sale (cf. Articles 9 and 10).

Except in cases of wilful misconduct or gross negligence, any right of the Client to claim damages or compensation is excluded, as well as any contractual or non-contractual liability for direct or indirect damages to people and/or property arising from the failure to accept or fulfil, even partially, an order.

Transport costs shall always be borne by the Client unless otherwise indicated in the documentation evidencing the sale (consignment note/transport document, CRM, invoice, etc.).

9. Withdrawal right

The Client shall have the withdrawal right whenever a breach by the Seller of the General Terms and Conditions of Sale is identified. This right may be exercised by sending a written notice via email to business@wheelandmeal.com within 48 hours from the event or from the Product delivery. The withdrawal shall include full payment of all amounts due by the Client in relation to the requested services and/or purchased Products, which shall subsequently be refunded. The Seller reserves the right to respond within 15 days and submit any relevant statements or documentation.

Upon acknowledgement of the Client’s withdrawal and verification of all payments due, the Seller shall refund all payments received from the Client within 30 days of the notification, issuing the corresponding credit notes. It is the Client’s responsibility to provide the bank account details necessary for the refund.

The right of withdrawal applies to the purchased Product in its entirety; partial withdrawal of the Product is not permitted.

By law, shipping costs associated with returning the goods shall be borne by the Client.

The shipment shall be under the sole responsibility of the Client.

The Seller shall not be liable for any damage, theft, or loss of goods returned via uninsured shipments.

In the absence of the aforementioned conditions, the right of withdrawal shall not apply, and all rights of the Seller to claim damages, as well as the payment of the Product price, shall remain reserved.

In accordance with Article 62 of Law No. 27/2012, the right of withdrawal does not apply to perishable food products, understood as products falling within one of the following categories:

• Pre-packaged agricultural, fishery, and food products with an expiry date or a minimum shelf life of no more than sixty (60) days;
• Bulk agricultural, fishery, and food products, including herbs and aromatic plants, even if placed in protective or refrigerated packaging, not subjected to treatments extending their durability beyond sixty (60) days;
• Meat-based products with the following physico-chemical characteristics: water activity (aW) greater than 0.95 and pH greater than 5.2, or aW greater than 0.91, or pH equal to or greater than 4.5;
• All types of milk.

10. Complaints

Any complaint must be submitted to WHEEL AND MEAL S.r.l. by sending a communication to business@wheelandmeal.com or via certified email wheelandmealsrl@pec.it within 48 hours of the occurrence of the event to which the complaint relates. Complaints received after this period, even if justified, will not be considered.

11. Privacy

In compliance with GDPR No. 976/2016 (“Privacy Code”), aimed at protecting the processing of personal data of individuals and other subjects, we shall inform about the principles of fairness, lawfulness, transparency, and confidentiality governing the processing of your data held by us, as well as your rights. Pursuant to Article 13 of Legislative Decree No. 196/2003, we shall inform that:

1. The data you provide will be processed for the following purposes, by way of example and not limitation: the conduct of commercial relationships, management and fulfilment of purchase and sales orders, preparation of price lists or quotations, administrative management of relationships with clients and/or suppliers, marketing activities, sending of advertising and other communications, and in any case, the fulfilment of all legally required obligations related to civil, accounting, and tax regulations.
2. Processing may be carried out manually and/or using electronic tools by personnel trained and informed of legal obligations and authorized to perform such tasks. Data will be processed lawfully in accordance with principles of security, fairness, confidentiality, and transparency.
3. Consent to the processing of your data is essential for carrying out the activities and administrative procedures related to the relationship with the Company, including compliance with tax obligations (e.g., DPR 633/72, DPR 917/83, DPR 600/73, etc.); refusal to provide consent may prevent proper execution of these obligations and continuation of the relationship.
4. Data and/or its processing may be disclosed to or assigned to the following categories of subjects in connection with the above purposes: banks, for the management of receipts and payments; leasing, factoring, and/or insurance companies; suppliers and/or clients; couriers and/or transporters; external professionals performing specific services for the Company (e.g., accounting firms, legal offices, notaries, consulting companies) for tax compliance, preparation of financial statements, debt recovery, and credit protection.
5. The data controller is WHEEL AND MEAL S.r.l., and the data processor is our pro tempore legal representative.
6. The client may exercise their rights at any time against the data controller under GDPR No. 976/2016, including the rights to:
   i) obtain confirmation of the existence of their personal data, even if not yet recorded, and their communication in an intelligible form;
   ii) be informed of the source of the data, purposes and methods of processing, the logic applied in case of electronic processing, the identification details of the data controller, data processors, and designated representative, and the subjects or categories of subjects to whom the data may be communicated;
   iii) update, rectify, integrate, delete, anonymize, or block data processed unlawfully, including data not required for the purposes for which they were collected or subsequently processed.

The client also has the right to object, in whole or in part, for legitimate reasons, to the processing of their personal data, including for marketing, direct sales, market research, or commercial communications.

12. Anti-Money Laundering Obligations

In compliance with Legislative Decree No. 231/2007 (as amended) and related obligations under DM 55/2022 and EU Regulation 2016/976 (GDPR), upon registration the Client declares the accuracy of its personal details, submitted documents, and all information provided pursuant to Article 22, paragraph 1 of Legislative Decree 231/2007, assuming all civil, administrative, and criminal liability for any false or misleading statements.
The Client’s legal representative also declares that they request the services from the Service Provider on behalf of the company they represent, specifying the nature of the service, agreed compensation, payment methods, and the source of the funds used, as well as whether they are a politically exposed person, providing details of any beneficial owner(s) and their respective powers.

13. Governing Law and Jurisdiction

The sales contract between the Client and the Seller is concluded in Italy and governed by Italian law.

For any disputes concerning the interpretation, execution, or termination of these General Terms and Conditions of Sale or subscription services offered by WHEEL AND MEAL S.r.l., the Court of Urbino shall have exclusive jurisdiction.

14. Client Declaration

For all the foregoing, the Client, aware of the criminal penalties referred to in Article 76 of Presidential Decree No. 445/2000 in case of false declarations, pursuant to Presidential Decree 445/2000, applicable anti-money laundering legislation (Legislative Decree 231/2007), identification of beneficial owners (Ministerial Decree 55/2022), and Privacy regulations (Legislative Decree 196/2003 and GDPR 976/2016), under their own responsibility and excluding WHEEL AND MEAL S.r.l. (Tax Code and VAT No. IT 02838490411), its pro-temporelegal representative, personnel, and collaborators involved in managing and using the information and declarations provided, DECLARES the truthfulness of all data, information, and statements provided, including those submitted at registration or in the conclusion of any written or verbal contract with WHEEL AND MEAL S.r.l.

The Client DECLARES to be informed that failure to provide all or part of the above information may affect the ability to perform the requested services and undertakes to promptly communicate any additions or changes to the data provided.
The Client DECLARES to have read, interpreted, and understood all articles of this contract, with reference to Articles from 2 to 13. By registering on the website www.wheelandmeal.com and checking the boxes enabling viewing and printing of this document, the Client declares full and unconditional acceptance of its entire content.