ItalianTradition

B2C PURCHASE CONTRACT
(alimentary products)

Between ............................

and Italian Tradition s.r.l.

Buyer

Whereas
The conditions contained herein are in accordance with the directive 97/7/CE relating to the protection of consumers under contracts concluded without the parties physically meeting, recognised in Italy by d. lgs. 22/5/1999, no. 185 and also directive 85/577/CEE under contracts negotiated outside commercial premises, recognised in Italy by d. lgs. 15/1/1992 no. 50.

The conditions are also in accordance with the proposal modified in the COM directive 1999/427 concerning online trading.

This contract is solely applicable where the purchase is made by a buyer in the capacity of consumer. The consumer is the physical person who makes the purchase for personal ends, exclusive of any commercial or professional activity. Purchases made by buyers not acting in a private capacity must be made in the special B2B section of this e-commerce shop.
Art. 1
Preamble
The preamble is an integral part of the contract contained herein.
Art. 2
The buyer’s title
The buyer declares that the purchase herein is made in the capacity of consumer.
Art. 3
Conclusion of the contract
The contract herein shall be concluded when the buyer, having followed the proper purchase procedure and accepted the conditions herein, receives confirmation of the purchase order together with a copy of this contract by e-mail from IT.
The buyer undertakes to print this contract and keep a paper copy.
Art. 4
Object
The buyer hereby purchases the products listed in the invoice from IT, for the consideration indicated in the same invoice and regulated by the article herein and by articles 5 and 6.
Art. 5
Prices
The sales prices are inclusive of VAT.
The indicated prices are exclusive of shipping costs.
The shipping costs are indicated separately and set down in the invoice.
Art. 6
Payment
The payment of purchased products shall be made by credit card on acceptance of the conditions herein, by completing the spaces provided for this purpose.
The buyer, by completing the spaces reserved for the insertion of credit card details, thereby authorises IT to debit the card for the price of the products purchased.
The connection at the moment the credit card details are inserted is protected.
Other payment methods can be requested by writing to shop@italiantradition.com.
IT is not responsible for eventual fraudulent and/or unlawful use of credit cards which may be made by third parties, whereby card details are unlawfully taken at the moment of payment for the purchased goods, excepting in cases of serious fraud and/or fault.
Art. 7
Delivery of goods
IT undertakes to deliver the purchased goods, by the shipping methods and at the cost indicated, in the shortest time possible.
Should delivery not be made within fifteen days of the day following the order, due to exceptional circumstances caused by products being temporarily unavailable, IT shall inform the buyer of the delay within the aforementioned time limit. The buyer shall then have the option to withdraw the order and request repayment of the price paid, which will be refunded onto the credit card used for the purchase within five days of receiving the request by e-mail.
Art. 8
Right to withdrawal
The buyer has the right, without incurring any penalty or needing to specify the reason, to withdraw from the purchasing contract within a ten-day time limit which will run from the delivery date of the products, in the following manner.
In accordance with directive 97/7/CE (d. lgs. No. 185/99), in the event that the buyer does not receive the conditions contained herein at the moment of purchase by e-mail, the time limit by which the right to withdrawal may be asserted shall be three months from the delivery date of the products.
The right to withdrawal is expressly excluded, in accordance with Art. 6 no. 3 Directive 97/7 CE (Art. 7 d. lgs. No. 185/99), for products which by nature must be consumed within a short time and cannot be returned due to limited shelf-life and shipping conditions.
Those products for which the right to withdrawal shall not be asserted are listed in the attachment set down in Art. 13.
In the event that multiple products are purchased, the right to withdrawal may also be asserted partially for each individual product.
In order to assert the right of withdrawal, the buyer must undertake to send a recorded letter with note of receipt within the aforementioned time limit, or, within the same time limit, an e-mail communication which must however be followed within 48 hours by recorded confirmation with note of receipt, otherwise the right will lapse.
A buyer asserting the right to withdrawal must undertake to return the products intact and sealed, in the same condition in which they were received.
The return must be made with the same shipping means as was used for the delivery.
The buyer is liable for all return costs.
The relative delivery must be dispatched not more than 48 hours after the notification of withdrawal has been sent, otherwise the right to withdraw shall lapse.
Other than the shipping costs, the buyer shall be liable for no other charge when asserting the right to withdrawal.
The refund for the amount paid shall be made free of charge by crediting the card used for the purchase with the relevant amount; this shall be made in the shortest possible time and in any case within 15 days following receipt of the withdrawal notification by IT.
Art. 9
Guarantees and claims
The products sold are guaranteed in accordance with legal standards by the respective producers indicated. IT however directly guarantees a refund or replacement for the products sold in the event of a guarantee coming into effect within the terms indicated in this article.
The guarantee shall not come into effect where the product has not been treated or conserved by the buyer in accordance with the directions supplied, or has in some way been tampered with.
Eventual claims must be made by recorded letter with note of receipt, or e-mail with subsequent recorded communication, by the products’ expiry dates and in any case not more than three days after receipt of the products.
Art. 10
Means of communication
In the absence of a different specified provision, all correspondence relating to this contract, regulated herein or by law, shall be sent to the following addresses by e-mail:
for IT: shop@italiantradition.com .
for the buyer: the address supplied by the same at the moment of recording the order.
Art. 11
Applicable legislation, and competent jurisdiction
The competent jurisdiction, in the event of possible disputes arising from the contract herein, is that of the buyer’s country of residence, for buyers resident in one of the EU member states, further specified as the place of delivery of the goods.
For a buyer not resident in the EU, the competent jurisdiction is Rome (Italy).
The law applicable to the contract contained herein is that of the buyer’s country of residence, for buyers resident in one of the EU member states.
For a buyer not resident in the EU, the Italian law is applicable.
Place of residence is intended as the place of delivery of the goods.
Art. 12
Protection of privacy and use of personal data.
The buyer’s personal data is taken for the purpose of recording the order and activating the procedures in order that the contract herein and the related necessary communications are executed on his behalf.
In addition, the buyer’s personal details shall be used to the following ends:
carrying out studies and statistical and market research,
sending commercial and advertising material,
sending interactive commercial material,
direct sales activities.
The aforementioned data shall be used electronically respecting current laws. IT undertakes to use data and information supplied by customers confidentially, and to neither release the same to unauthorised persons, nor use for purposes other than those permitted. This information shall only be released at the request of a judicial authority or other authorities authorised by law.
Personal data shall be communicated, provided that the confidentiality bond has been undertaken relating to the data, to those delegated to the task of activities necessary to execute the contract stipulated and which shall be supplied exclusively within the scope of this purpose.
According to article 13 L. no. 675/1996, the buyer has the right to

ask confirmation that their own personal data exists at the ItalianTradition head office;
be informed of their origin, logic and purpose of their use;
update, correct and integrate them;
ask for their cancellation, alteration to an anonymous form or reservation in the event of unlawful use;
object to their use for legitimate reasons and/or in the event of their use for advertising mailings, commercial information, market research, direct sales and interactive commercial information.

The owner responsible for compiling and using personal data is IT, at the company’s head office, represented by Sig. Natasha Huff.
The buyer notes and accepts the existence of the electronic register used by IT (the “Log”), set up and kept by IT. The Log’s content is absolutely confidential and may solely and exclusively be released at the request of a qualified authority.
The buyer expressly declares to have been informed in accordance with Art. 10 and 13 L. No. 675/96 and to consent to the use of their own personal data for the purposes set out in this contract.

I hereby confirm and accept
Art. 13
List of products for which the right to withdrawal does not apply.

All fresh and/or perishable products.

I hereby accept the contractual conditions contained herein

For all legal purposes and in accordance with articles 1341 and 1342 c.c., the buyer declares to have carefully read the contract herein and to expressly approve the clauses contained in articles 1, 2, 3, 8, 9, 10, 12 and 13.

I hereby confirm and accept

Your shopping basket
is currently empty