Terms & Conditions

  1. INTRODUCTION
    1.1. This document (together with any documents referred to in it) tells you the terms and conditions upon which we sell and supply the goods (the ‘Products’) listed on this website (the ‘Website’) to you.
    1.2. Before confirming your order please read through:
    a) these terms and conditions (the ‘Conditions’) and in particular our cancellations and returns policy and limitation of our liability and your indemnity;
    b) privacy policy regarding your personal information (the 'Privacy Policy').
    1.3. By ordering any of the Products listed on this Website, you agree to be legally bound by these Conditions. You will be unable to proceed with your purchase if you do not accept these terms and conditions as may be modified or amended and posted on this Website from time to time.
  2. ABOUT US
    2.1. We are Pasta Evangelists Limited, (‘we’/’us’/’our’), a Limited company registered at Companies House under the Company number 10188849. Our registered office address is 14 Bonhill St, London, EC2A 4BX.
  3. COMMUNICATIONS
    3.1. You agree that email and other electronic communications can be used as a long-distance means of communication and acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing.
    3.2. We will contact you by email or provide you with information by posting notices on our Website.
  4. ELIGIBILITY TO PURCHASE FROM THE WEBSITE
    4.1. To be eligible to purchase the Products on this Website and lawfully enter into and form contracts with us, you must:
    a) Be 18 years of age or over;
    b) Be legally capable of entering into a binding contract;
    c) Provide full details of an address in the United Kingdom for delivery of Products;
    4.2. Our Website is only intended for use by customers resident in England, Wales, Scotland and Northern Ireland (the United Kingdom). We will not accept orders for Products from individuals located outside the United Kingdom.
  5. ORDER PROCESS AND FORMATION OF A CONTRACT
    5.1. All orders are subject to acceptance and availability. If any Products ordered are not available, you will be notified by email and you will have the option either to wait until the item is available or to cancel your order. It is your responsibility to provide us with a valid email address so that we can contact you if necessary.
    5.2. Any order placed by you constitutes an offer to purchase the Products from us. All such offers received from you are subject to acceptance by us and we reserve the right to refuse any order placed by you at any time prior to acceptance, without providing an explanation.
    5.3. You shall be responsible for ensuring the accuracy of the details provided by you during the order process and we will not accept an order unless all details requested from you have been entered correctly.
    5.4. 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 Products ordered by you from the Website.
    5.5. Our acceptance of your order will take place when we have debited your payment card and have confirmed to you via email that we have dispatched the Products (the 'Confirmation Notice') at which point a contract will come into existence between you and us (the 'Contract').
    5.6. The Contract will relate only to the Products stated in the Confirmation Notice. We will not be obliged to supply any other Product which may have been part of your order until we have sent you a separate Confirmation Notice relating to it.
    5.7. You must check that the details contained in the Confirmation Notice are correct and you should print out and keep a copy of it.
    5.8. You will be subject to the version of our policies and Conditions in force at the time that you order the Products from us, unless:
    a) Any change to those policies or these Conditions is required to be made by law or governmental authority; or
    b) We notify you of any change to our policies or these Conditions before we send you the Confirmation Notice, in which case, we are entitled to assume that you have accepted it, unless we receive written notification from you to the contrary within seven working days of receipt of the Confirmation Notice.
  6. OUR PRODUCTS
    6.1. The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the products accurately, we cannot guarantee that a device's display of the products accurately reflects the products. Your product may vary slightly from those images.
    6.2. The packaging of the product may vary from that shown on images on our website.
  7. PRICE
    7.1. The prices of the Products are quoted on the Website.
    7.2. Prices quoted for delivery are for delivery in the United Kingdom unless otherwise specified.
    7.3. Unless otherwise stated, the prices quoted include VAT but exclude delivery costs, which will be added to the total amount due from you. Details of our delivery charges can be located on our Website.
    7.4. If you order a product online and the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect. 
  8. ERRORS WITH OUR PRICING
    8.1. Whilst we try and ensure that all the information on our Website is accurate, errors may occur. In the unlikely event that the price and/or description of an item listed on the Website has been incorrectly advertised, we will not be under any obligation to sell or provide those Products to you.
    8.2. If we discover the error before sending you a Confirmation Notice and the Products correct price at the date of your purchase is higher than the stated price, we will either reject your order and notify you of such rejection, or inform you as soon as possible and give you the option of cancelling your order or reconfirming it at the correct price and/or description. If we give you the option of cancelling your order or reconfirming it at the correct price and/or description but either cannot contact you or do not receive your response within 14 days of sending you notification (whether or not you receive it), we will reject your order.
    8.3. If we discover the error after sending you a Confirmation Notice we may, at our discretion and without incurring any liability to you, cancel the Contract provided that the error is, in our reasonable opinion, obvious and unmistakable and could have reasonably been recognised by you. We will notify you if we cancel the Contract.
    8.4. If your order is cancelled or rejected and you have already paid for the Products, you will receive a full refund.
  9. PAYMENT
    9.1. Payment can be made by any major prepay, credit or debit card or through an electronic payment account as explained on the order form.
    9.2. By placing an order, you consent to payment being charged to your prepay/debit/credit card account or electronic payment account as provided on the order form.
    9.3. Payment will be debited and cleared from your account before the dispatch of the Products.
    9.4. When you pay for your order by card, we carry out certain checks which include obtaining authorisation from your card issuer to ensure you have adequate funds and for security reasons. This may involve validating 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.
    9.5. By accepting these Conditions you:
    a) Undertake that all the details you provide to us for the purpose of purchasing the Products are correct and that the payment card you are using is your own and that there are sufficient funds to cover the cost of the Products ordered;
    b) Undertake that any and all Products ordered by you are for your own private or domestic use only and not for resale; and
    c) Authorise us to 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 to ensure you have adequate funds, to authenticate your identity, to validate your payment card and for other security reasons, such as fraud prevention.
    9.6. We shall contact you should any problems occur with the authorisation of your card.
    9.7. We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part, we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from our Website.
  10. DELIVERY
    10.1. The costs of delivery of Products purchased online will be as displayed to you on the Website.
    10.2. The Products will be delivered to you at the address you provided during the order process which may be an address other than the billing address, but please note that extra documentation may be needed to comply with such orders.
    10.3. We employ professional carriers. Nevertheless, you must examine the Products on arrival. If you are asked for your signature on delivery, you must examine the Products before signing for it.
    10.4. All Products must be signed for by an adult aged 18 years or over on delivery.
    10.5. During the online order process we will let you know when we anticipate providing the products to you. Any dates quoted for delivering the Products are approximate only. If no date is specified then it will take place within 30 days or a reasonable time of the date of the Confirmation Notice, unless there are exceptional circumstances.
    10.6. We shall not be liable for any delay in delivering the Products, where such delay was outside our control.
  11. RISK AND TITLE
    11.1. The Products will be at your risk from the time of delivery.
    11.2. Ownership of the Products will pass to you when we receive full payment of all sums due in respect of them including VAT and the cost of delivery.
  12. REFUNDS AND CANCELLING YOUR CONTRACT 

12.1. Your rights to cancel your Contract will depend on whether there is anything wrong with the Product and when you decide to cancel the Contract. 

Cancellation where you change your mind
12.2. You are entitled to cancel your Contract without providing a reason at any time: 

  1. a) prior to receiving the Products so long as you provide us with written notice.
  2. b) if you have received the Products, so long as you provide us with written notice at anytime within 14 days starting from the day after you received the Products. 

12.3. You can send your cancellation notice by email to info@atavi.uk or a letter to Viale Cassala 30 - 20143, Milano, Italy. Your cancellation notice must quote your name, address, the name or a description of the Products and your order reference number.
12.4. Upon receiving your cancellation notice, we will contact you and provide details of where you must return the Products and other relevant instructions. You must then immediately return the Products to us at your own cost and risk. We reserve the right, at our option, to collect the Products from you. If we wish to collect the Products we will notify you of when they will be collected by us. We will charge you for the cost of collecting the Products and will deduct this from any sum owed by us to you.
12.5. The Products must be returned to us in the same condition in which you received them until such time as the Products are either collected by us or delivered back to us by you. Products must be returned in the original packaging in which they were received, including any accompanying documents such as tags, labels, seals, original invoice etc. Products must not be tampered with or rendered unsuitable for resale. If the consumer does not comply with the above conditions, they will not be entitled to the remedies provided, as these sales concern sealed goods that, after delivery, are not suitable for return due to hygiene or health protection reasons.You have a legal obligation to take reasonable care of the Products whilst they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.  

12.6. You do not have a right to change your mind in respect of the Products once the packaging has been opened after you receive them.

12.7. If you tell us you've changed your mind about a Product then your refund will be made within 14 days from the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us. 

Cancellation for good reason
12.7. If you are cancelling your Contract because the Products are damaged, faulty or wrongly delivered we will offer you a refund of the full purchase price, including the cost of delivery for sending the Products to you, and the cost of returning the Products to us, provided that you return the Products to us and we are satisfied that:
a) the Products have not suffered damage after delivery; 

  1. b) the Products have not been misused or used other than in accordance with the instructions; 
  2. c) the Products in terms of which you are claiming a refund were:
    - damaged on delivery;
    - delivered in a faulty condition; 
    - delivered to you in error.
    8. Alternatively, where Products are returned in accordance with clause 12.7 we will, at your option, replace the Products with the same or similar products (subject to stock availability) instead of providing a refund.
    12.9. In order to claim a refund or replacement item please send us a cancellation notice as soon as you become aware of a problem and no later than 7 working days after receipt by email to info@atavi.uk or by letter to Viale Cassala 30 - 20143, Milano, Italy. Your cancellation notice must quote your name, address, the name or a description of the Products, a brief description of the problem, fault or damage and your order reference number.
    12.10. Upon receiving your cancellation notice, we will contact you and provide details of where you must return the Products and other relevant instructions. You must then immediately return the Products to us. We reserve the right, at our option, to collect the Products from you. If we wish to collect the Products we will notify you of when they will be collected by us.
    12.11. We will examine any returned Products and will notify you about your refund or replacement item via email within a reasonable period of time. We will usually process a refund or delivery of a replacement item as soon as possible and, in any case, within 30 days of the day we confirmed to you via email that you are entitled to it. Refunds will be made by crediting the payment card or electronic payment account you used to purchase the Products.
    12.12 We reserve the right to refuse to issue a refund or replacement and to recover the cost of returning or collecting the Products in the event that the Products are found to have suffered damage after delivery or have been misused or used other than in accordance with the instructions or if the Products have not been returned with its original packaging. This does not affect your statutory rights.
13. SUMMARY OF YOUR KEY LEGAL RIGHTS WHERE THERE IS AN ISSUE WITH THE PRODUCT

    13.1. We honour our legal duty to provide you with products that are as described to you on our website and that meet all the requirements imposed by law.

    13.2. Your legal rights are summarised below. These are subject to certain exceptions. For detailed information please visit the Citizens Advice Consumer Service website www.adviceguide.org.uk/scotland.

    13.3. The Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected life of your product your legal rights entitle you to the following:

    1. a) Up to 30 days: If your item is faulty, then you can get a refund.
    2. b) Up to six months: If your faulty item can't be repaired or replaced, then you're entitled to a full refund, in most cases.  
    1. OUR RIGHT TO TERMINATE THE CONTRACT
      14.1. We reserve the right to terminate the Contract at any time by providing you written notice if:
      a) You fail to make any payment to us when due;
      b) You breach these Conditions (repeatedly or otherwise);
      c) You are impersonating any other person or entity;
      d) When requested by us to do so, you fail to provide us within a reasonable time with sufficient information to enable us to determine the accuracy and validity of any information supplied by you, or your identity; or
      e) We suspect you have engaged, or are about to engage, or have in anyway been involved, in fraudulent or illegal activity on the Website.
    2. WE DON'T COMPENSATE YOU FOR ALL LOSSES CAUSED BY US OR OUR PRODUCTS
      15.1. We're responsible for losses you suffer caused by us breaking this contract unless the loss is:
      a) Unexpected. It was not obvious that it would happen and nothing you said to us before we accepted your order meant we should have expected it (so, in the law, the loss was unforeseeable).
      b) Caused by a delaying event outside our control. As long as we have taken the steps set out in the section We're not responsible for delays outside our control.
      c) Avoidable. Something you could have avoided by taking reasonable action. For example, damage to your own digital content or device, which was caused by digital content we supplied and which you could have avoided by following our advice to apply a free update or by correctly following the installation instructions or having the minimum system requirements advised by us.
      d) A business loss. It relates to your use of a product for the purposes of your trade, business, craft or profession.
    3. WE'RE NOT RESPONSIBLE FOR DELAYS OUTSIDE OUR CONTROL
      16.1. If our supply of your product is delayed by an event outside our control we contact you as soon as possible to let you know and do what we can to reduce the delay. As long as we do this, we won't compensate you for the delay, but if the delay is likely to be substantial you can contact our Customer Service Team: info@atavi.uk to end the contract and receive a refund for any products you have paid for in advance, but not received, less reasonable costs we have already incurred.
    4. HOW WE USE YOUR INFORMATION
      17.1. We shall be entitled to process your data in accordance with the terms of our Privacy Policy. Please view this document for further information.
      17.2. You can find full details of our Privacy Policy on the Website.
    5. GENERAL
      18.1. If a court invalidates some of this contract, the rest of it will still apply. If a court or other authority decides that some of these terms are unlawful, the rest will continue to apply.
      18.2. 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.
      18.3. A waiver by us of any default shall not constitute a waiver of any subsequent default.
      18.4. Any Contract between you and us is binding on you and us and on our respective successors and assigns. You can only transfer your contract with us to someone else if we agree to this. We can transfer our contract with you, so that a different organisation is responsible for supplying your product. We'll tell you in writing if this happens and we'll ensure that the transfer won't affect your rights under the contract
      18.5. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
    6. GOVERNING LAW AND JURISDICTION
      19.1. These Conditions and any Contract will be governed by the laws of England. If you live elsewhere in the UK, you can bring legal proceedings in respect of the Products in the country where you live. 
    7. COMPLAINTS
      20.1. If you have a comment, concern or complaint about any Products you have purchased from us, please contact us via email at info@atavi.uk or by post at Viale Cassala 30 - 20143, Milano, Italy.