TERMS AND CONDITIONS
1.1.This document (together with any documents referred to in it) tells you the terms and conditions (the ‘Conditions’) upon which we will sell Italian food and beverages products to you. You may print a copy for future reference.
1.2.Business Day: a day other than a Saturday, Sunday or public holiday when banks in Jurisdiction are open for business.
1.3.’Event Outside Our Control’ has the meaning given in clause 15.
1.4.’Italian food and beverages products’ means the Italian food and beverages products listed on our website (‘the Website’) which we may supply.
1.5.Before confirming your order please read through these Conditions and in particular our cancellations and returns policy at clause 11 and limitation of our liability and your indemnity at clause 13.
1.6.By ordering any of our Italian food and beverages products, you agree to be legally bound by these Conditions. You will be unable to proceed with your transaction if you do not accept these terms and conditions.
2. About us
2.1.Our email address is firstname.lastname@example.org
3. Overseas orders
We should sell all over the world, according to the restrictions of each countries. For shipments outside Europe, we kindly ask you to contact us by email.
4.Eligibility to purchase from the Website
To be eligible to purchase the Italian food and beverages products and lawfully enter into and form a contract with us, you must be 18 years of age or over.
5.1.The prices of the Italian food and beverages products are quoted on the order page.
5.2.Prices and any other charges quoted on the order page are based on delivery of the Italian food and beverages products in UE unless otherwise specified.
6.1.By placing an order, you consent to payment being charged to your account (Paypal, Visa, Mastercard) as provided on the order form.
6.2.If you pay us by credit or debit card we will take payment from your card for the Italian food and beverages products when we dispatch the products to you.
6.3.We shall contact you should any problems occur with the authorisation of your card.
7.1.Unless clause 7.2 applies, you must pay us interest on any amounts you owe us and fail to pay us on the due date at the rate of 3% a year above the base lending rate of Bank for rate of interest from time to time, accruing daily from the due date until the date of payment, whether before or after judgment.
7.2.We will not charge you interest
7.2.1.for the period of dispute in respect of an invoice that you dispute in good faith, provided you have advised us within a reasonable time of receiving it that you dispute it and your basis for disputing it.
8.Order process and formation of a contract
8.1.Our Website, catalogue and brochure merely illustrate our Italian food and beverages products and the packaging of the Italian food and beverages products. Your computer may not accurately display the colours of the Italian food and beverages products. Although we aim to accurately depict our Italian food and beverages products and their packaging, there may be differences between the packaging and the colours of the Italian food and beverages products delivered to you and those shown on our Website and in our catalogue and brochure.
8.2.All orders are subject to acceptance and availability. If we are unable to supply you with the Italian food and beverages products in your order due to matters such as unavailability of stock, materials, key staff or an Event Outside our Control or because we have identified a mistake in the description of the Italian food and beverages products or the price stated by us, we will notify you. We will not proceed with the order and will refund any sums you have paid us.
8.3.If the Italian food and beverages products are temporarily unavailable, we will notify you by email of the date they are expected to be available. You will have the option either to wait until they are available or to cancel your order. If you cancel your order, we will refund any sums you have paid us.
8.4.Any order placed by you for the Italian food and beverages products constitutes an offer to purchase them from us.
8.5.You agree that if we contact you to acknowledge receipt of your order such communication shall not amount to our acceptance of your offer to purchase the Italian food and beverages products
8.6.A ‘Confirmation Notice’ means an email which we send to you to confirm that we have dispatched the Italian food and beverages products. A Confirmation Notice will be our acceptance of the offer made in the order to which that Confirmation Notice relates.
8.7.A contract between you and us for the supply of the Italian food and beverages products (the ‘Contract’) incorporating the version of these Conditions in force at the time of your order will come into existence when we send you the Confirmation Notice relating to your order. You may print and keep a copy of the Confirmation Notice for future reference.
8.8.If you think that there is a mistake in the Confirmation Notice or if you wish to make any changes, please contact us to discuss this. If you request a change, we will tell you if that is possible and about any changes to the price, delivery or performance dates or any other changes that we need to make as a result of your request. We will ask you if you wish to go ahead with the change.
8.9.We may make
8.9.1.minor technical adjustments to the Italian food and beverages products to improve them or to comply with relevant laws and regulatory requirements,
8.9.2.changes to these Conditions as a result of changes in any relevant laws and regulatory requirements,
8.9.3.changes to these Conditions as a result of changes in how we accept payment from you,
8.9.4.changes in the amount payable by you to the extent of any changes in the VAT included in the price or payable in relation to the price.
8.10.If we make any changes in accordance with clause 8.9 we will give you written notice of the changes before we supply the Italian food and beverages products. You can choose to cancel the contract if the change would be significantly to your disadvantage.
8.11.Any variation to these Conditions which have been incorporated into the Contract or to the Contract other than those mentioned in clause 8.9 shall only be binding when agreed in writing and signed by you and us.
9.1.Any dates quoted for delivery of the Italian food and beverages products are approximate only. If no date is specified then it will take place as soon as reasonably possible, but in any event within 30 days of the date of the Confirmation Notice, unless there is an Event Outside our Control, in which case clause 15 shall apply.
9.2.If you have agreed to collect the Italian food and beverages products from our premises if it is present in your country
9.2.1.delivery shall occur at our premises when we hand the Italian food and beverages products to you.
9.3.Unless clause 9.4 applies, if we have agreed to deliver the Italian food and beverages products to a delivery address which you have given us, delivery shall occur when we place the Italian food and beverages products in the physical possession of you or anyone you have identified to us as the person authorised by you to take delivery of the products.
9.4.If you have asked us to use an independent carrier other than our normal carrier to deliver the Italian food and beverages products to you, delivery shall occur when we deliver the Italian food and beverages products to that carrier.
9.5.You must examine the Italian food and beverages products within a reasonable time after arrival and let us know as soon as reasonably possible if they are faulty, damaged or not as described.
9.6.If no one is present at your delivery address to take delivery, we will advise you of our attempted delivery. You must then contact us to make arrangements for us to deliver the Italian food and beverages products.
9.7.We may end the contract with you and charge you for any extra storage costs we have incurred if
9.7.1.we have agreed to deliver the Italian food and beverages products, you have not been available to take delivery on the date we agreed to deliver them, and we have not been able to re-arrange delivery within 14 Business Days of the original delivery date.
9.8.For Christmas deliveries, we recommend that you check the Website for the last order date. We will endeavour to dispatch all Italian food and beverages products that are in stock within 48 working hours. However, we cannot guarantee delivery by 24th December.
10.Risk and title
10.1. The Italian food and beverages products will be at your risk from the time of delivery.
10.2. All the ingredients are written in English in the labels of the products: your are responsible of the knowledge of them regardless of your knowledge of English
10.3. Ownership of the Italian food and beverages products will only pass to you when we receive full payment of all sums due in respect of them.
11.Cancelling your Contract and returns
11.1.Cancelling before Confirmation Notice
11.1.1.You may cancel your order for the Italian food and beverages products by notifying us of your decision to cancel at any time prior to us sending you a Confirmation Notice.
11.1.2.You may notify us of your decision to cancel by contacting us by sending us by email to email@example.com
184.108.40.206.a fully completed cancellation form found on our Website, or
220.127.116.11.a statement that you wish to cancel quoting your name, address, the name or a description of the Italian food and beverages products and your order reference number.
11.2.Cancellation after Confirmation Notice
11.2.1.The ‘Cancellation Period’ means the period between the date we send you a Confirmation Notice and the expiry of Cancellation of sales contract calendar days after the day you receive the Italian food and beverages products.
11.2.2.Subject to clause 11.5, you may cancel the Contract at any time during the Cancellation Period by notifying us of your decision to cancel.
11.2.3.You may notify us of your decision to cancel by contacting us by sending us by email to firstname.lastname@example.org
18.104.22.168.the fully completed cancellation form found on the Website, or
22.214.171.124.a statement that you wish to cancel with your name, address, the name or a description of the Italian food and beverages products and your order reference number.
11.3.Return of Italian food and beverages products
11.3.1.Upon receiving notice of your cancellation, we will contact you and provide details of where you must return the Italian food and beverages products and other relevant instructions. You must then return the Italian food and beverages products to us without delay and at the latest within 14 days of notifying us of your cancellation.
11.3.2.You must return the Italian food and beverages products at your own risk and at your own cost unless we offer to pay the cost of return. We may offer to collect the Italian food and beverages products from you and charge you for the cost of collecting the Italian food and beverages products. If we offer to collect the Italian food and beverages products, we will contact you to ascertain whether you agree to us collecting the Italian food and beverages products, whether you agree to pay the costs of collection if we are charging you for collection, and if so, to make arrangements for collection. If you agree to pay the costs of collection, we may deduct this from any sum we owe you.
11.3.3.If the value of the Italian food and beverages products is reduced as a result of your handling of them beyond what is necessary to determine the nature, characteristics or functioning of the Italian food and beverages products, we will be entitled to claim this reduction in value from you and to deduct it from any money which you have paid us.
11.4.Refunds on cancellation
126.96.36.199.any reduction in the value of the Italian food and beverages products in accordance with clause 11.3.3; and
188.8.131.52.any cost to us of collecting the Italian food and beverages products (if applicable).
11.4.2.If the Contract is for the supply of Italian food and beverages products only, or for Italian food and beverages products and services with the main purpose being the supply of Italian food and beverages products, unless we have agreed to collect the Italian food and beverages products from you, we will refund you the sum in clause within 14 days after the earlier of:
184.108.40.206.the day on which we receive the Italian food and beverages products back from you, or
220.127.116.11.the day on which you supply evidence to us that you have sent the Italian food and beverages products back to us.
11.4.3.If the Contract is for the supply of Italian food and beverages products only, or for Italian food and beverages products and services with the main purpose being the supply of Italian food and beverages products and we have agreed to collect the Italian food and beverages products from you, we will refund you the sum in clause within 14 days of our receipt of your cancellation notice.
11.4.4.We will refund you the sum in clause using the same method of payment used by you, unless you agree to a refund by a different method of payment.
11.5.Exception to the right to cancel
You will not have a right to cancel in the following situations:
11.5.1.The Contract is for Italian food and beverages products which are bespoke or have been personalised or which may deteriorate
11.5.2.The Contract is for Italian food and beverages products and/or services the price of which is dependent on fluctuations in the financial market which cannot be controlled by us.
11.5.3.The Contract is for the supply of alcoholic beverages where their value is dependent on fluctuations in the market which cannot be controlled by us, we have agreed the price and we can only deliver after 30 days.
11.5.4.The Contract is for the supply of sealed Italian food and beverages products which are not suitable for return due to health protection or hygiene reasons and they have become unsealed after delivery.
11.5.5.The Contract is for the supply of Italian food and beverages products which have become mixed inseparably with other items after delivery.
If you have a comment, concern or complaint about any Italian food and beverages products you have purchased from us, please contact us by email at email@example.com
13.Liability and indemnity
13.1.We have a duty to supply Italian food and beverages products to you that conform to the Contract including a duty to ensure that
13.1.1.the Italian food and beverages products are as described in the contract
13.2.We cannot exclude our liability for a failure to comply with these duties mentioned in this sub-clause. Nothing in these Conditions affects your legal rights if these duties are not complied with. You can obtain advice about your legal rights from Citizens Advice if you need to.
13.3.We cannot exclude or limit our responsibility to you for:
13.3.1.Death or personal injury resulting from our negligence or the negligence of our employees
13.3.2.Fraud or fraudulent misrepresentation
13.3.3.A claim for a defective product against us if we do not give you the name of the person who supplied the product to us within a reasonable time of your request for us to do so.
13.4.We are responsible for foreseeable loss or damage which you suffer as a result of a breach by us of the Contract or as a result of our failure to act with reasonable care and skill. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process. We are not responsible for unforeseeable losses.
13.5.You are purchasing the Italian food and beverages products as a consumer. If you purchase the Italian food and beverages products for any business purpose including for re-sale, we will not be liable for any business losses, loss of profits, loss of contracts, loss of business opportunities, loss of management time, loss of business data or losses due to interruption of your business.
13.6.We will not be responsible for any delay in delivering the Italian food and beverages products if
13.6.1.we have asked you to provide specified information that is necessary for delivering the Italian food and beverages products and
13.6.2.you have failed to provide complete and accurate information or you have provided such information later than the date we have asked you to supply it by.
13.7 We test the quality of our suppliers, who are therefore the responsible for their products. We are therefore not responsible for any problem caused by the products themselves
14.Our rights of termination
We reserve the right to terminate the Contract by writing to you if you fail to make any payment to us when due and you still do not make payment within 14 days of us reminding you that payment is due.
15.Events outside our control
15.1.Except for our obligations under this clause, we shall not be responsible for delays or failures in delivery or performance of our obligations to you resulting from any act, event, omission, failure or accident outside our reasonable control (‘Event Outside Our Control’).
15.2.We will take all reasonable steps to minimise a delay in performing our obligations to you which arises from an Event Outside our Control.
15.3.We will promptly notify you of any Event Outside Our Control which prevents us from or delays us in performing our obligations to you, giving details of it and (where possible) the extent and likely duration of any delay.
15.4.Our performance will be deemed to be suspended for the period that the Event Outside Our Control continues.
15.5.You may end the Contract after we have notified you of an Event Outside Our Control and we will then refund you any money you have paid to us under the Contract for the Italian food and beverages products which we have been unable to deliver to you.
16.Use of personal data
You authorise us to process and transmit your name, address and other personal information supplied by you (including updated information) to
16.1.obtain information from third parties about you, including, but not limited to, credit reports and so that we may authenticate your identity
16.2.supply the Italian food and beverages products and Services to you
16.3.carry out checks to ensure you have adequate funds and fulfil security and fraud prevention requirements
16.4.transmit the payment and delivery information provided by you during the order process (included any updated information) for the purpose of obtaining authorisation from your card issuer
16.5.validate your name, address and other personal information supplied by you during the order process against appropriate third party databases including the card issuer, registered credit reference agencies and fraud prevention agencies.
16.6.inform you of similar Italian food and beverages products we provide, but you may contact us at any time to request that we stop informing you of these.
17.Other important terms
17.1.We reserve the right to change the domain address of this Website and any services, products, product prices, product specifications and availability at any time.
17.2.Every effort is made to keep information regarding stock availability on the Website up to date. However, we do not guarantee that this is the case, or that stock will always be available.
17.3.If any provision of these terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of the Contract and the remainder of the provision in question will not be affected.
17.4.All Contracts are concluded in English only.
17.5.If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under it or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with your obligations.
17.6.A waiver by us of any default shall not constitute a waiver of any subsequent default.
18.Governing law and jurisdiction: London, United Kingdom