Refund and returns policy

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The Buyer expressly declares to make the purchase for purposes unrelated to any commercial or professional activity they may conduct.

Supplier Identification

The goods subject to these general conditions are sold by the sole proprietorship Palombelli Alessandro, based in Cori (04010), via Vicolo San Fermo 101, Tax Code and VAT number: 02141420592, REA number: LT – 148832, email address: mditrama@gmail.com, hereinafter referred to as the “Supplier.”

ART. 1

DEFINITIONS

The term “online sales contract” refers to the purchase agreement for the Supplier’s tangible movable goods (food items), concluded between the Supplier and the Buyer through a remote sales system via electronic means, organised by the Supplier.
The term “Buyer” refers to the consumer, a natural person who makes the purchase referred to in this contract for purposes not related to any commercial or professional activity they may carry out.
The term “Supplier” refers to the entity mentioned above, namely Palombelli Alessandro, in the capacity of “professional” as per EU and Italian legislation.

ART. 2

OBJECT OF THE CONTRACT

Through this contract, the Supplier sells and the Buyer purchases, remotely through electronic means, the tangible movable goods indicated and offered for sale on the website.
The products mentioned above are displayed on the webpage: mditrama.com/en/store

The main features of the products for sale are illustrated next to each product on their respective reference pages.

ART. 3

METHOD OF CONTRACT CONCLUSION

The contract between the Supplier and the Buyer is concluded exclusively via the internet by accessing the Buyer’s address at https://www.mditrama.com/, where, following the indicated procedures, the Buyer formalises the proposal to purchase the goods referred to in point 1 of the previous article.

ART. 4

CONCLUSION AND EFFECTIVENESS OF THE CONTRACT

The purchase contract is concluded through the correct completion of the request form and the consent to purchase expressed through the online submission or by filling out the form attached to the online electronic catalogue at https://www.mditrama.com/en/checkout/
and subsequently sending the form, after viewing a printable summary page of the order, which includes the buyer’s details, the order details, the price of the purchased item, shipping costs, and any additional charges, payment methods and terms, the address where the item will be delivered, delivery times, and the existence of the right of withdrawal.
When the Supplier receives the order from the Buyer, it sends a confirmation email or displays a printable confirmation and order summary page, which also includes the details mentioned in the previous point.
The contract is not considered perfected and effective between the parties if the conditions outlined in the previous point are not met.

ART. 5

PAYMENT AND REFUND METHODS

All payments by the Buyer may only be made through one of the methods specified on the dedicated webpage provided by the Supplier.
Any potential refund to the Buyer will be credited using the same method employed by the Buyer, unless the Supplier has proposed a different method and the Buyer has accepted it; the refund will be processed promptly and, in case of exercising the right of withdrawal, within a maximum of 14 days from the date the Supplier becomes aware of the withdrawal. The refund may also be issued in the form of a voucher redeemable on the website https://www.mditrama.com/.
The Supplier will not refund any additional costs, such as those resulting from a delivery method chosen by the Buyer that differs from the standard option offered by the Supplier.
The Supplier reserves the right to withhold the refund until the Buyer has returned the goods subject to the contract or until proof is provided that the goods have been shipped back.
All payment-related communications occur on a dedicated line of the Supplier protected by an encryption system; the Supplier guarantees the storage of this information with an additional level of security encryption, in accordance with the current data protection regulations as outlined in the relevant Code (D. Lgs. 196/2003) and the EU Regulation 2016/679 (known as GDPR).

ART. 6

DELIVERY TIMES AND METHODS

The Supplier will deliver the selected and ordered products using the methods chosen by the Buyer or those indicated on the website at the time the product was offered, as confirmed in the email mentioned in art. 4, point 2.
Shipping times may vary from the same day of the order to a maximum of 7 working days from the confirmation of the order. If the Supplier is unable to ship within this time frame but still within the period mentioned in the following point, the Buyer will be promptly notified by email.
In any case, the Supplier undertakes to deliver the products within 30 days from the conclusion of the contract.
If the Supplier fails to deliver within the maximum period of 30 days, the Buyer may request delivery within an additional time appropriate to the circumstances, provided that the Buyer is still interested in receiving the product despite the delay. It is understood that if the delivery time is considered essential by the Buyer, meaning that a delivery after that time would be useless to them, they will be entitled to a refund of the amount paid.
The risk of loss or damage to the goods transfers to the Buyer upon delivery; however, if the Buyer personally selects a carrier not proposed by the Supplier, the aforementioned risk transfers to the Buyer at the time of shipment (i.e., when the goods are handed over to the selected carrier).
The shipping methods, times, and costs are clearly indicated and highlighted at the web address: https://www.mditrama.com/en/refund_returns_policy/
The Buyer may file a complaint against the Supplier according to the provisions of the following art. 17 if they believe the Supplier has failed to meet the obligations outlined above.

ART. 7

PRICES

All sales prices of the products displayed and listed on the website https://www.mditrama.com/en/store/ are expressed in euros and constitute a public offer pursuant to art. 1336 of the Civil Code.
The sales prices include VAT and any other applicable taxes. Shipping costs and any additional charges, if applicable, are not included in the purchase price but will be indicated and calculated during the purchase process before the order is submitted by the Buyer and will also be included in the order summary page.
The prices indicated for each of the products offered to the public are valid until the date specified in the catalogue.

ART. 8

PRODUCT AVAILABILITY

The Supplier ensures the processing and fulfilment of orders without delay through the electronic system used. For this purpose, the Supplier indicates in real-time in its electronic catalogue the number of products available and those that are not, as well as the shipping times.
If an order exceeds the quantity available in stock, the Supplier will inform the Buyer via email whether the product is no longer available or what the waiting times are to obtain the chosen product, asking if the Buyer wishes to confirm the order or not.
The Supplier’s electronic system will confirm the order registration as quickly as possible by sending an email confirmation to the user, pursuant to art. 4, point 2.

ART. 9

LIMITATIONS OF LIABILITY

The Supplier assumes no responsibility for disruptions due to force majeure that prevent the execution of the order within the time frame specified in the contract.
The Supplier cannot be held liable towards the Buyer, except in cases of willful misconduct or gross negligence, for disruptions or malfunctions related to the use of the internet outside its control or that of its sub-suppliers.
Additionally, the Supplier shall not be held responsible for any damages, losses, or costs incurred by the Buyer due to the non-fulfillment of the contract for reasons not attributable to the Supplier, with the Buyer being entitled only to a full refund of the amount paid and any accessory charges incurred.
The Supplier assumes no responsibility for any fraudulent or unlawful use by third parties of credit cards, checks, or other payment methods when purchasing the products, provided it has taken all possible precautions based on the best knowledge and experience of the time and in accordance with ordinary diligence.
Under no circumstances can the Buyer be held responsible for delays or issues in payment if they can prove that the payment was made on time and according to the methods indicated by the Supplier.

ART. 10

LIABILITY FOR DEFECTS, PROOF OF DAMAGE, AND COMPENSABLE DAMAGES: SUPPLIER’S OBLIGATIONS

The Supplier is liable for any damage caused by defects in the sold goods if it fails to communicate the identity and address of the producer or the person who supplied the goods to the injured party within three months from the request.
This request by the injured party must be made in writing and must indicate the product that caused the damage, the place, and the date of purchase; it must also include an offer for the inspection of the product if it still exists.
Liability is excluded:

if the producer did not put the product into circulation;
if the defect that caused the damage did not exist when the producer put the product into circulation;
if the producer did not manufacture the product for sale or any other form of distribution for payment, nor manufactured or distributed it as part of their professional activity;
if the defect is due to the conformity of the product to a mandatory legal norm or binding provision;
if the state of scientific and technical knowledge at the time the producer put the product into circulation did not allow the product to be considered defective;
in the case of a producer or supplier of a component part or raw material, if the defect is entirely due to the design of the product in which the part or raw material was incorporated or to the conformity of that product with the instructions given by the producer who used it.

No compensation will be due if the injured party was aware of the defect in the product and the resulting danger and nevertheless voluntarily exposed themselves to it.
In any case, the injured party must prove the defect, the damage, and the causal connection between the defect and the damage.
The injured party may claim compensation for damages caused by death or personal injury or the destruction or deterioration of an item other than the defective product, provided it is normally intended for private use or consumption and is primarily used as such by the injured party.
Damage to items will, however, only be compensable if it exceeds the amount of €387.00 (three hundred and eighty-seven euros).

ART. 11 – GUARANTEES AND ASSISTANCE METHODS

The Supplier is liable for any lack of conformity that arises within two years from the delivery of the product.
For the purposes of this contract, it is presumed that consumer goods conform to the contract if, where relevant, the following conditions are met:

a) they are suitable for the usual purpose of goods of the same type;

b) they conform to the description provided by the seller and possess the qualities of the good that the seller presented to the consumer as a sample or model;

c) they exhibit the quality and performance that is typical for goods of the same type, which the consumer can reasonably expect, considering the nature of the product and, where applicable, public statements made about the specific characteristics of the goods by the seller, manufacturer, or their agent, particularly in advertising or labelling;

d) they are also suitable for the particular use intended by the consumer and made known to the seller at the time of the contract, which the seller has accepted even through implied conduct.

There is no lack of conformity if, at the time of the contract, the consumer was aware of the defect or could not have ignored it with ordinary diligence, or if the defect is due to instructions or materials provided by the consumer.
The Buyer loses any right if they do not report the lack of conformity to the seller within two months from the date the defect was discovered. The report is not necessary if the seller has acknowledged the defect or concealed it.
In any case, unless proven otherwise, it is presumed that the defects of conformity that arise within six months from the delivery of the product already existed at the time of delivery, unless such an assumption is incompatible with the nature of the product or the nature of the lack of conformity.
In the event of a lack of conformity, the Buyer may request, at no expense and under the conditions indicated below, the repair or replacement of the purchased product, a reduction in the purchase price, or termination of this contract, unless the request is objectively impossible to satisfy or would be excessively burdensome for the Supplier under Art. 130, paragraph 4, of the Consumer Code.
The request must be made in writing, via registered mail, fax, certified email, or email with confirmation of receipt to the Supplier, who will indicate their willingness to proceed with the request, or the reasons preventing them from doing so, within seven working days of receipt. In the same communication, if the Supplier has accepted the Buyer’s request, they must indicate the methods of shipment or return of the product and the expected time for the return or replacement of the defective product.
If repair and replacement are impossible or excessively burdensome, or if the Supplier has not proceeded with the repair or replacement of the product, or if the previous replacement or repair caused significant inconvenience to the Buyer, the Buyer may request, at their choice, an appropriate reduction of the price or the termination of the contract. In this case, the Buyer must submit their request to the Supplier, who will indicate their willingness to proceed with it, or the reasons preventing them from doing so, within seven working days of receipt.
In the same communication, if the Supplier has accepted the Buyer’s request, they must indicate the proposed price reduction or the methods for returning the defective product. In such cases, it is the Buyer’s responsibility to indicate the methods for refunding previously paid sums to the Supplier.
A minor lack of conformity for which it is not possible or excessively burdensome to pursue repair or replacement remedies does not entitle the Buyer to terminate the contract.

ART. 12 – OBLIGATIONS OF THE BUYER

The Buyer declares that they are of legal age and possess the necessary legal capacity to sign a contract with binding force between the parties and that the information provided at the time of the order is accurate and sufficient to enable its fulfilment by the supplier.
The Buyer agrees to pay the purchase price of the product within the time and in the manner indicated in these terms and conditions of sale, as well as on the order summary pages.
The Buyer is aware that the supplier, upon completion of the online purchase process, allows them to save the page containing the order details, as well as to print it and, therefore, to keep it on a durable medium.
In the event of exercising the right of withdrawal, the Buyer must return the goods or deliver them to the supplier or to a third party authorised by the supplier within 14 days of withdrawal; the deadline is met if the goods are sent back to the supplier within this period.
The direct cost of returning the goods is the responsibility of the Buyer.
The information contained in these terms and conditions has already been reviewed and accepted by the Buyer, who acknowledges it, as this step is mandatory before purchase confirmation.

ART. 13 – RIGHT OF WITHDRAWAL

The Buyer has the right to withdraw from the contract without penalty and without providing a reason within 14 (fourteen) working days from the day of receipt of the purchased product.
If the Supplier has not fulfilled the information obligations regarding the existence, procedures, and time limits for returning or collecting the product in case of withdrawal, the period for exercising the right of withdrawal is 12 (twelve) months and starts from the day of receipt of the goods.
The Buyer who decides to exercise the right of withdrawal must notify the supplier by registered mail at the address Via Vicolo San Fermo, 101 – 04010, Cori (LT), certified email to palombellialessandro@pec.it, or, finally, via email to mditrama@gmail.com. For the purposes of exercising the right of withdrawal, the sending of the notification can be validly replaced by the return of the purchased product, provided it is done within the same terms. In this case, the date of delivery to the post office or shipping company will serve as evidence between the parties.

The Buyer may also use the “standard withdrawal form” found at the end of this document.

The return of the product must in any case occur no later than 14 (fourteen) days from the date of receipt. In any case, to be entitled to a refund of the paid price, the product must be returned intact and, in any case, in a normal state of preservation. Therefore, if the consumer has used the product beyond “normal” use, they will have to reimburse its value in full or in part, depending on the type of product and the supplier’s assessment of its value upon return.
However, the Buyer’s right of withdrawal is excluded in the following cases:

– the supply of custom-made or clearly personalised goods;

– the supply of goods that are liable to deteriorate or expire quickly;

– the supply of sealed goods that are not suitable for return for health or hygiene reasons and that have been unsealed after delivery;

– the supply of goods that, after delivery, are inseparably mixed with other goods due to their nature;

– the supply of alcoholic beverages, the price of which was agreed upon at the time of the contract, the delivery of which can occur only after 30 days, and the actual value of which depends on market fluctuations that cannot be controlled by the professional.

The only expenses due by the Buyer for exercising the right of withdrawal according to this article are the direct expenses for returning the product to the Supplier, unless the Supplier has agreed to bear them.
The Supplier will reimburse the entire amount paid by the Buyer for the previous purchase of the product within 14 days from the receipt of the withdrawal notice (excluding the expenses mentioned above, i.e., those related to the shipment of the product to the supplier by the consumer).
However, the Supplier reserves the right not to proceed with the refund until they have received the product from the Buyer or until the Buyer proves they have returned it.
With the receipt of the notice by which the Buyer communicates the exercise of the right of withdrawal, the parties of this contract are released from their mutual obligations, except as provided for in the previous points of this article.

ART. 14 – GROUNDS FOR TERMINATION

The obligations under Art. 12, assumed by the Buyer, as well as the guarantee of successful payment made by the Buyer through the means under Art. 5, and also the proper fulfilment of the obligations assumed by the Supplier in Art. 6, are essential, so that by express agreement, the non-fulfillment of even one of these obligations, unless caused by force majeure or unforeseeable circumstances, will result in the automatic termination of the contract under Art. 1456 of the Civil Code, without the need for a judicial declaration.

ART. 15 – PRIVACY PROTECTION AND PROCESSING OF BUYER’S DATA

The Supplier protects the privacy of its clients and ensures that the processing of data complies with the privacy laws under Legislative Decree 30 June 2003, n. 196, as well as EU Regulation 2016/679.
Personal data acquired directly and/or through third parties by the Supplier, the data controller, is collected and processed in paper, electronic, and telematic form, in relation to the methods of processing for the purpose of registering the order and implementing the procedures for executing this contract and the necessary communications, as well as fulfilling any legal obligations, and for enabling effective management of commercial relationships to provide the requested service.
The Supplier commits to treating the data and information provided by the Buyer with confidentiality and not disclosing them to unauthorised persons or using them for purposes other than those for which they were collected or transmitting them to third parties. Such data may only be disclosed upon request by judicial authorities or other legally authorised authorities.
Personal data will be communicated, after signing a confidentiality agreement regarding the data, only to persons authorised to carry out activities necessary for the execution of the concluded contract and communicated solely for this purpose.

The Buyer is entitled to the following rights:

a) the updating, correction, or, when in their interest, integration of data;

b) the deletion, anonymization, or blocking of data processed in violation of the law, including those that do not need to be kept in relation to the purposes for which the data were collected or subsequently processed;

c) the certification that the operations mentioned in points a) and b) have been brought to the attention of those to whom the data have been communicated or disclosed, except in cases where such fulfilment is impossible or involves the use of means that are manifestly disproportionate to the protected right. The data subject also has the right to oppose, in whole or in part:

i) for legitimate reasons, the processing of personal data concerning them, even if relevant to the purpose of the collection;

ii) the processing of personal data concerning them for the purpose of sending advertising materials or direct sales or for carrying out market research or commercial communication.

The provision of personal data by the Buyer is a necessary condition for the proper and timely execution of the purchase contract. If not provided, the Buyer’s request cannot be fulfilled.
In any case, the data collected will be stored for a period not exceeding that necessary for the purposes for which they were collected or subsequently processed. Their removal will, in any case, be carried out securely.
The entity responsible for the collection and processing of personal data on behalf of the Supplier, to whom the Buyer may address any requests at the company headquarters, is the legal representative of Taste Roots Soc. Coop., acting as the data processing manager.
Anything that is sent to the Supplier’s address (including email) (requests, suggestions, ideas, information, materials, etc.) will not be considered confidential information or data. It should not infringe on others’ rights and must contain valid, truthful information that does not violate the rights of others. In any case, the Supplier cannot be held liable for the content of such messages.

ART. 16 – METHOD OF CONTRACT ARCHIVING

The Supplier informs and guarantees the Buyer that every order sent is stored digitally/on paper on the Supplier’s server/premises according to confidentiality and security criteria.

ART. 17 – COMMUNICATIONS AND COMPLAINTS

Written communications to the Supplier and any complaints will be considered valid only if sent to the following address by registered letter with acknowledgment of receipt: Via Vicolo San Fermo, 101 – 04010, Cori (LT) or certified email at palombellialessandro@pec.it or, alternatively, via email to mditrama@gmail.com. The Buyer must indicate in the registration form their residence or chosen domicile, phone number, or email address where they wish to receive communications from the Supplier.
The Supplier undertakes to handle any complaints received with utmost seriousness and promptness, providing a timely response.

ART. 18 – DISPUTE RESOLUTION

Any disputes arising between the Supplier and the consumer may be referred to authorised mediation bodies to allow for an out-of-court settlement.
Pursuant to Article 14 of EU Regulation 524/2013, the Buyer may, for example, file a complaint through the European Union’s ODR platform (link: [http://ec.europa.eu/consumers/odr/](http://ec.europa.eu/consumers/odr/)). The Buyer’s right to approach other mediation bodies remains unaffected.
Should the parties wish to pursue ordinary judicial authorities, the competent court is that of the Buyer’s place of residence or chosen domicile if located in Italian territory. Otherwise, the jurisdiction falls within the court of Latina.
In the case of a buyer who does not fall under the definition of a consumer, the parties agree to elect the court of Latina as the exclusive jurisdiction.

ART. 19 – APPLICABLE LAW AND REFERENCE

This contract is governed by Italian law, as well as European Union regulations, specifically by Legislative Decree 206/2005 (“Consumer Code”) and Directive 2011/83/EU (on consumer rights), as well as by Legislative Decree 70/2003, issued in implementation of Directive 2001/31/EC on electronic commerce.
For matters not expressly provided for herein, the applicable legal provisions for the relationships and situations provided for in this contract shall apply, in particular Article 5 of the Rome Convention of 1980.
Pursuant to Article 60 of Legislative Decree 206/05, the provisions contained in Part III, Title III, Chapter I of Legislative Decree 206/05 are expressly referenced here.

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Pursuant to Article 1341 of the Civil Code, the Buyer declares that they have read and accepted the following articles of these general conditions: Article 5, Article 6, Article 9, Article 12, Article 13, and Article 19.

A – I DO NOT ACCEPT THE ABOVE CONDITIONS

B – I ACCEPT THE ABOVE CONDITIONS

STANDARD WITHDRAWAL FORM

To the attention of the company_________________, located in Italy, with headquarters at____________, via_________________, VAT number and Tax Code:____________________________, tel.: +39____________, fax: +39_______________, certified email address________________, email address_____________;

With this notice, I, the undersigned___________________, residing in________, in the city of_________, at___________, hereby notify you of my withdrawal from the sales contract for the following goods:_________________________________________________________________________________________________________________________________________________________________________________________________________.

These goods were ordered on________________________ and received on___________________________.

Date_______________________

Signature_________________________