STANDARD TERMS AND CONDITION AND PRIVACY NOTICE
The L.S. SRL company with legal head office situated in S.S. 33 del Sempione, 219 – 20028 San Vittore Olona (MI) Tax Code/VAT identification Number 08382590969 (shown below as L.S.) is the owner of the website: www.lasardegna1930.it
Acceptance of the Terms of Service and General Condition of Sale
1) The contract stipulated by L.S. and the user that purchased (shown hereafter as the “Customer”) has to be considered concluded upon the acceptance, even if only partial, of the order on the part of L.S. By placing an order in one of the different modalities, the Customer declares to have read the information provided by this document and/or during the purchasing procedure, and to fully agree with the general terms and the payment conditions reported below.
2 ) If the Customer is a Consumer (that is to say a physical person that purchases the goods for purposes not attributable to their professional activities, namely they do not make a purchase specifying a VAT number during the purchase and/or subscription phase, as stated in the article 3, clause 1, letter a) of the Code of Consumption – shown below as “Consumer”), once the procedure of the online purchase has ended, it will be the responsibility of L.S. of sending via e-mail a copy of the current Terms of Sale in .pdf format that the Customer will print or save and store, complying with the current Code of Consumption on the distant sales. If the Customer is not a Consumer, please refer to article 13.
3) The Customer acknowledges and agrees to have turned at least eighteen years old in order to purchase alcoholic beverages. The Customer, therefore, in the act of carrying out an order that contains alcoholic beverages, explicitly states and guarantees of being of age. L.S. reserves the rights to verify the age of the Customer during the elaboration of the order and during the delivery. In the case of ascertain lack of said requirement, we will not proceed with the elaboration of the order and/or the delivery of the alcoholic beverages.
4) The Customer shall not be entitled to any compensation for damage or reimbursement, as well as any contractual and extracontractual responsibility for direct or indirect damages to people and/or proprieties, caused by the non-acceptance from L.S., even partial, of an order.
Methods of purchase
5) The Customer may buy only the products included in the electronic catalogue at the moment of submission of the order and viewable online at www.lasardegna1930.it as detailed descripted in their specific information sheet. It is understood that the images accompanying the information sheet may not be completely and perfectly representative of its characteristics as it could display different colours, dimensions, accessory products present in the picture. All the information in support of the purchase is to be considered simply as generic material information, non-attributable to the real characteristics of a single product. The Customer may, in any moment, request further information using the contacts provided at article 38.
6) L.S. anyway, reserves the rights to insert further information and/or special conditions on the information sheet of the products and the events. The Customer acknowledges and agrees that such directions eventually included in the information sheets, prevail over the present terms of sale.
7) The rightful reception of the order is confirmed by L.S. through e-mail, sent at the e-mail address provided by the Customer. The aforementioned confirmation message will display, in addition to the copy of the current Terms of Sale as defined in the article 2, the order summary, to use in every further communication with L.S. The message shows the data entered by the Customer that undertakes the responsibility to verify the accuracy and to promptly notify eventual errors, in the manner described in the present document.
8) In the case of non-acceptance of the order, L.S. guarantees a timely notice to the Customer.
Methods of Payment
9) The Customer will be able to make the payment of the price of the products and the related delivery fee with a credit card or Paypal.
10) Credit card (approved and acknowledged by L.S.)
In case you purchase the goods with a credit card as method of payment, contextually to the conclusion of the online transaction, the referring banking institution will only authorize the employ of the sum relative to the purchase you made. The sum relative to the handled wares, partially too, will be effectively charged on the Client’s credit card at the moment of the conclusion and approval of the order from L.S.
10.a) In case of cancellation of the order caused by its non-acceptance from L.S., will be requested without hesitation from L.S. the cancellation of the transaction and the release of the amount employed. The time required for the release of the sum, with some types of credit cards depends solely on the bank and may in some cases be made on the natural expiry (usually 24-25 days from the date of authorization). Once the transaction has been called off, the Customer recognises and agrees that in under no circumstances L.S. can be hold accountable for eventual damages, direct and indirect, caused by delays in the failed release of the sum from the banking system.
10.b) L.S. reserves the right to require the customer additional supplementary information or to send a copy of the documents that demonstrate the ownership of the Card used by the Customer. In the absence of the requested documentation, L.S. reserves the right to not accept the order.
10.c) At no time during the purchasing procedure L.S. is capable of knowing the details regarding the card used by the buyer, transmitted by a secured connection directly to the bank’s website that manages the transaction. No L.S. informatic archive will store this data. Under no circumstances L.S. will be held liable for any fraudulent and unauthorised use of credit cards by third parties at the time of payment.
11) Purchase through PayPal
In case of purchase of goods through PayPal as a method of payment, contextually to the conclusion of the online transaction, PayPal will immediately charge the amount relating the purchase.
11.a) In case of cancellation of the order, whether it be from the Customer or from its non-acceptance from L.S., contextually from its cancellation, the amount relating the cancellation of the goods will be credited back on the Customer’s PayPal balance. Once the sum has been reaccredited on the PayPal account, under no circumstances L.S. can be held accountable for eventual damages, direct and indirect, caused by delays in the reaccredit of the sum from PayPal or from the banking system.
11.b) L.S. reserves the right to require the Customer additional supplementary information to determine the actual ownership of the PayPal account. In the absence of the requested documentation, L.S. reserves the right to not accept the order.
11.c) At no time during the purchasing procedure L.S. is capable of knowing the details regarding the card used by the buyer or other modalities chosen on PayPal. Under no circumstances L.S. will be held liable for any fraudulent and unauthorised use of credit cards by third parties at the time of payment.
12) Purchase as a professional or company
In case the purchase is made by a professional, it will be possible to request the issue of an invoice by selecting the specific slot during the ordering procedure and by inserting the invoice data with your social security number and/or VAT code. In this case the invoice will be sent at the designated e-mail address. The professional is responsible for the correct input of the invoice data and is informed that, in case of lack of invoice request during the purchase, it will not be possible to request it later on. If this modality is chosen it is necessary to remember that the professional it is no longer considered as a Customer, and therefore he will not be able to benefit from the rights reserved to the customers from the applicable law. The Customer recognises and agrees that outside the Italian territory, L.S. will not accept orders from different subject from physical person.
Modalities and delivery fees
13) For every online order, L.S. shall issue a receipt of the delivered goods, that the user will be able to find once the products are delivered, in accordance with the current arrangements. For the issue of the receipt, only the information supplied by the Customer at the action of the order are valid. No variation in the invoice will be possible after its issue.
14) The prices of the products all include taxes and duties. All the prices shall be expressed in Euros. The payment of the goods from the Customer will happen using the modality chosen when ordering. No additional fees are due from the Customer regarding the total of the order.
14.a) The shipping fees to Italy amount to 20 euros. The shipping cost to Italy is FREE on online orders from 79 euros up to 50 kg of weight. 20 euros will be added to the shipping price if the weight exceeds 50 Kg. The price aforementioned of 20 euros will be added to infinity to every bracket of purchased goods that exceeds the 50 Kg of weight (please refer to the chart in the section “Delivery”).
14.b) As for the deliveries in the rest of Europe, the shipping costs are shown in the chart in the “Delivery” section of our website. The price is divided in brackets of 50 kg of weight. The price aforementioned of 50 euros will be added to infinity to every bracket of purchased goods that exceeds the 50 Kg of weight.
15) No liability can be attributed to L.S. in case of delays in the procession of the order or at the delivery of the order.
16) At the time of delivery of the goods by L.S. the Customer is required to check the number and the nature of the delivered products; eventual divergence in the order made must be disputed within 7 days.
17) In case of inability to deliver to the address given by the Customer when ordering, the purchased goods will be returned to L.S.
18) The expenses are entirely borne by the Customer and will be indicated by the Customer at the moment of the insertion of the required data, in which are included the shipping costs. The Customer acknowledges and explicitly agrees that only once the required fields are filled out, the definitive shipping fee will be highlighted. Any previous cost indicated by L.S., has to be considered as an approximation and subject to change.
19) L.S. guarantees the delivery of every product in Italy, using the services provided by the refrigerated transport company STEF on Thursdays and on Friday. In some cases, we entrust the packages to UPS courier, with daily departures and fast deliveries.
20) L.S. provides two typologies of delivery that can variate depending on the products you choose and from the need to transport with a refrigerated mean of transport.
20.a) L.S. guarantees the delivery all over Europe benefitting from the services offered by the UPS Courier, with daily departures and 3 working days deliveries. While, when it comes to the delivery times to Switzerland and to the United Kingdom, the deliveries could be subjected to delays caused by the custom clearance process non-attributable to our company. The Customer while ordering is required to consider eventual custom clearance charges, that the Customer will have to pay directly to the Courier at the time of delivery. L.S. will not be held responsible in case the Customer, when ordering, did not consider this regulation dictated by the Nation that are not part of the European Union.
Right of withdrawal
What follows does not apply to food products, which we refer to the point 25 of the document.
21) In accordance with the Consumption Code if the client is a Customer, he has the right to severe the purchase contract for whatever reason, without the need to explain and without any penalty, notwithstanding what explained in the points 23, 24, 25 and 26.
22) The Customer has the right to withdraw from the contract within 14 days.
The period to exercise the right to withdraw expires after 14 days from the day the Client or a third party, other than the carrier and designated by the Customer, acquires the physical possess of the goods.
In order to exercise the right to withdraw, the Customer is required to inform L.S. using the contacts shown in the article 37, explicitly explaining the reason why they decided to withdraw from the contract (for example by sending a letter via certified mail, a fax or e-mail).
In order to respect the term of withdrawn, the Customer must send the relative notice of right of withdraw to the business before the expiry date of the withdraw period.
If the Customer withdraws from the present contract, L.S. will reimburse the Customer of all the expenses made towards L.S., including the shipping cost (except for supplementary costs derived from the eventual choice made by the Customer to benefit from the express shipping in accordance with the previous point 21), without undue delay and not later than 14 days from the day L.S. has been informed of the Customer’s decision to withdraw from the present contract. These refunds will be carried out with the same method of payment used by the Customer for the initial transaction, except that the Customer did not explicitly settled differently; anyway, L.S. guarantees that the Customer will not be charged of any sum as a result of the reimbursement.
The Customer acknowledges and agrees that L.S. will have the right to suspend the aforementioned reimbursement until the receiving of the goods.
The Customer will have to send back the products or deliver them to L.S. without undue delays and not later than 14 days from the day L.S has been informed of the Customer’s decision to withdraw from the present contract.
The goods must be returned intact, complete of all its parts and with the original packages (bags and boxes), shielded and eventually used with reasonable diligence, without signs of wear and dirt, in accordance with the following points 24, 25. As established in the article 52, subsection 2 in the Code of Consumption, The Customer shall only be responsible for the decrease in the value of the products resulting from their manipulation by handling the same other than that required to assess their nature, their characteristics and the operation of the goods.
23) The right to withdraw is in any case subjected to the following conditions:
a) The right is applied to the purchased product in its entirety; it is not possible to exercise the right to withdraw only on a part of the purchased products;
b) In accordance with the law, the delivery charges regarding the return of the goods are borne by the Customer;
c) The shipment, until the L.S. warehouse attests the reception of the package, is under complete responsibility of the Customer;
d) In case of damage during the transport, L.S. will notify the client (within 5 working days from the reception of the good in their warehouse), in order to give them the possibility to promptly file a compliant to the courier they choose and to let them get a refund of the value of the goods (if insured); in such eventuality, the product will be put at the disposal of the Customer for its return, simultaneously cancelling the request of withdraw;
e) L.S. is not liable for damages or theft/loss of the returned goods on non-insured deliveries.
24) Notwithstanding what is provisioned in the present contract and in the article 57, paragraph 2 on the Code of Consumption, L.S. will reimburse the Customer the full amount already paid via the transfer procedure of the charged sum on the Credit Card or via Bank Transfer. In this last case, it will be up to the Customer to promptly provide their bank details with the IBAN code in which they would like to obtain the refund (Bank Account of the invoice holder).
25) Exception to the right of withdrawal pursuant the article 59 of the Code of Consumption.
The right of withdrawal in which the articles from 52 to 58 of the Code of Consumption for distant contracts and for contracts negotiated out of commercial locals and is relatively excluded to:
- The supply of goods made to measure or clearly personalized;
- The supply of goods that risk deteriorating or quickly expire;
- The supply of sealed good which are not suitable to be returned for hygienic reasons or connected to health protection or that have been opened after the delivery;
With respect to the cases of exception of withdrawal aforementioned the Customer, especially, is informed and agrees that the products that “are at risk for deterioration or are quick to perish” include all food products (including alcoholic beverages, wines and beverages in general).
What follows is to be applied with respect to the sale of every product except for the products in relation to which the warranty terms may vary as a result of their perishable nature or because they are subjected to a briefer term of expire from what is expected below in general.
26) The non-consumer Customer has the right of warranty on the sold good as seen in the Article 1490 and subsequent of the Civil Code. The Customer forfeits from the right to withdraw if they do not report the damages to the Seller within eight days from its discovery. The action aimed at the assertion of the withdrawal for damages shall expire after a year from the delivery of the purchased product.
26.a) All the products sold by L.S. are covered by the conventional manufacturer warranty and by a warranty of 24 months for defects of conformity, pursuant to the Code of Consumption. To benefit from the warranty service, the Customer must keep the invoice or receipt that they got in the e-mail in PDF format. The exercise of the warranty may need to request the assistance of Authorized Service Centres present on the territory and/or follow the various methods shown in the documentation placed inside the package of the product.
27) The conventional warranty of the manufacturer is provided by various methods shown in the documentation placed inside the package of the product.
28) The 24 months warranty pursuant to the Code of Consumption and applies to the product that shows defects of conformity, as long as the same product has been used correctly, with due regard for its use destination and from what is shown in the attached technical documentation. This warranty is reserved to the private Customer (that is to say a physical person that purchases the goods for purposes not attributable to their professional activities, that makes a purchase without specifying a VAT number). In case of defects of conformity, L.S., without any expenses from the Customer, will restore the conformity of the product by repairing/substituting it or by reducing its price, up to the termination of the contract. If, following the intervention of an Authorized Service Centre, the damage would not result in a defect of conformity in accordance with the Code of Consumption the Customer will be charged of the eventual costs of verification and the recovery requested by the Authorized Assistance, as well as the transport costs if they are borne by L.S.
29) The consumer Customer loses the right if they do not report the defect of conformity to L.S. withing two months from the date they found about the defect, assuming that it is not a product that by nature is perishable and subject to a briefer expiry date, in this case the defect mush be reported within a reduced period.
30) The replacements in case of non-working product at the delivery, only happen if explicitly established by the manufacturer. The replacement times or eventual reparation of the product depend solely on the manufacturer’s policy.
31) In the case, for any reason, it would not be possible to return a warranted product to its Customer (restored or substituted), L.S. may proceed at their own discretion to the refund of the paid sum taking into account the use of the good or its substitution with a product with the same or superior characteristics.
32) The repair time or an eventual substitution of the product solely depends on the policy of the manufacturer and no reimbursement may be requested to L.S. for possible delays in the making of the reparations or substitutions.
33) In cases when the application of the warranty establishes the return of the product, the good must be returned by the client inside the original package, complete of all its parts (including the packaging and possible documentation and accessory gear: manuals, cables, etc…); to limit damages to the original packaging, we suggest you insert the product in an additional box; it must be avoided in any case the application of labels or adhesive stripes directly on the original box of the product. The Customer will be given an authorisation number at the return of the product (ARP) that will have to be put outside the box, following the indication given directly in the mail regarding the authorisation.
Intellectual and industrial propriety law rights
34) L.S. informs that this website, as well as all the brands and distinctive characteristic used by L.S. in relation to the sale of the products, is protected by the applicable rights of intellectual and industrial propriety law and it is prohibited any type of reproduction, communication, distribution, publication, forgery or transformation, in any form and for whatever purpose they occur, for the content of the website, of the brands and distinguishing features used by L.S. (such as, without limitation the works, the images, the photographs, the dates displayed on the wine labels may not correspond with the date indicated on the purchased bottle, the drawings, the dialogues, the presentations, the music, the sounds, the graphics, the colours, the functionalities and the website’s design).
35) L.S. does not accept any liability regarding the brands and other distinctive signs that appear on the products sold on their Website, in relation to which the Customer has no rights following the conclusion of the contract.
Informations and Complaints
37) Eventual complaints must be forwarded to L.S. by registered mail with return receipt and via email at the following address: firstname.lastname@example.org
38) The sales contract between the Customer and L.S. is meant to be concluded in Italy and is under the Italian Law. For the solution of any controversy originated from the conclusion of the present contract of distant sale, if the Customer is a consumer, the local jurisdiction shall lie with the court legally responsible at the location of the Customer’s city of residence; in every other case, the local jurisdiction shall lie with the court of Busto Arsizio, with exclusion of competitors or alternative jurisdictions.