Terms of Sale

General and Contractual Terms and Conditions of Sale of LUSVARDI WINE srl for the website www.lusvardi.it

The website www.lusvardi.it is owned and operated byLUSVARDI WINE ltd.
2, VIA CANALE PER REGGIO, 42018 SAN MARTINO IN RIO LOC. MOLINO DI GAZZATA (RE) ITALY
TEL. +39 0522 646516 – FAX +39 0522 1860209

From the moment the consumer accesses www.lusvardi.it he/she agrees to abide by the terms and conditions set forth below, including all documents referenced. Users are urged to carefully review this document before using the services.

Article 1 – Subject matter of this contract

The object of this contract is the purchase and sale of bottled wines as well as accessories in the quantity and quality chosen by the consumer through product selection on www.lusvardi.it. The goods and services for sale are those described on the pages of www.lusvardi.it. The data provided therein may be subject to periodic changes and updates, including for the purpose of further improvement of consumer service.

Article 2 – Prices and product availability

The prices of the products referred to in Art. 1 are shown on the site and are inclusive of VAT. To the price of the product must be added the cost of shipping where applicable, the amount of which, always indicated on the site, varies depending on the delivery method requested, as well as any customs duties. In case the product is not available, the consumer will be promptly informed. via e-mail. Prices and availability of products marketed by LusvardiWine srl through www.lusvardi.it are subject to change without notice.

Article 3 – Purchase contracts entered into by minors.

The purchase can only be made by people who are eighteen years of age or older. LusvardiWine srl is exempt from any liability in the case of a purchase by a minor under the age of eighteen who has provided false age information or false information in order to purchase the good and/or to access the data on the site. In any case, parents are directly responsible for the payment of what is purchased by their children under the age of eighteen years, subject to the discipline of withdrawal set forth in Article 6 of these conditions of sale.

Article 4 – Orders/Billing

Orders are accepted in writing, e-mail, Internet, telephone or fax. The conclusion of the contract is subject to the receipt of the order by LusvardiWine srl. The invoice will be issued after the delivery of the goods, within the time required by law. Unless otherwise requested by the consumer, the invoice will be sent by email.

Article 5 – Delivery of goods

The delivery of the goods takes place within the terms stated on the site, to the address indicated by the consumer and through the courier appointed by LusvardiWine. In order to prevent fraud, the courier reserves the right to check an identity document, which proves the coincidence of data between the order information and the credit card holder. Please note that, in order to more efficiently deliver the goods, LusvardiWine srl will communicate to the courier the telephone number provided by the consumer during the registration to the site www.lusvardi.it or at the time of the order, telephone number, which will be used in accordance with the privacy regulations of Legislative Decree. n. 196/2003. The courier, before making the delivery, will contact the recipient of the goods by telephone at the aforementioned telephone number in order to agree on the day and approximate time scheduled for the delivery itself. In the event that the recipient does not respond, he or she will be contacted by telephone on the next business day, and if the recipient is also unavailable on this occasion, a final call attempt will be made on the still next business day. Therefore, the courier will make a maximum of three calls, one per day, for three consecutive working days. If following the three attempts to call the courier fails to contact the recipient of the goods, the latter will be required to pay the sum of Euro 15.00, including VAT, to release the stock of the goods. Likewise, the consignee of the goods will be required to pay the sum of Euro 15.00, including VAT, in the event of the goods being stored due to the absence of the consignee himself or of the person in charge of collection , despite prior agreement with the courier for delivery. The above sum of Euro 15.00 will be demanded in payment from the customer even if the customer fails to release the stock within 15 days from the beginning of the stock. The courier will make only one delivery attempt. NO FLOOR DELIVERIES ARE MADE. The consumer, upon receipt/pickup of the goods, is required to check the integrity of the goods and compliance with the order placed in the presence of the delivery agent. If the packaging of the shipment is damaged, the consumer must ACCEPT the package and note such damage on the waybill/transport document. If the package is undamaged, the consumer must accept it and can also sign the delivery receipt with the words “YOU ACCEPT WITH RESERVE OF CHECK”. In the event that one or more products are damaged or should not be responsive to the order placed, the consumer, only if he has previously noted the damage on the waybill / transport document or has accepted subject to control, within 3 (three) working days after delivery must inform by email LusvardiWine srl at wine@lusvardi.it, also providing documentation, including photographs, relating to the damage or incorrect delivery, the proof of which is the responsibility of the consumer. LusvardiWine srl reserves the right to request the return shipment of damaged/erroneous merchandise at the consumer’s expense, which shipment must be made within 15 days of LusvardiWine srl’s request, under penalty of forfeiting the right to a replacement or refund. LusvardiWine srl verified the existence of the damage or misdelivery, at its own expense, no later than the period of 30 days from the date of delivery or reporting, it will also replace the damaged/erroneous products or, if this is not possible, to reimburse the consumer for their amount.

Article 6 – Limitation of Liability

LusvardiWine Ltd. assumes no responsibility for any damages resulting from use or misuse of the service provided by www.lusvardi.it. LusvardiWine srl assumes no responsibility for errors and omissions within www.lusvardi.it or any website that may be referenced or linked. LusvardiWine Ltd. reserves the right to continuously update the website www.lusvardi.it, which can be done at any time. The information may contain inaccuracies of any kind or typographical errors. LusvardiWine srl. does not guarantee that the services performed by www.lusvardi.it will be provided without interruption, this will be stated in advance except for causes beyond the control of LusvardiWine srl. LusvardiWine srl disclaims any liability to the purchaser or any third party for any direct or indirect damages (including, but not limited to, loss of profits, revenue, business opportunity) arising out of or in connection with a product or service provided by LusvardiWine srl, or the use or inability to use the same. LusvardiWine srl assumes no responsibility for inefficiencies attributable to unforeseeable circumstances or force majeure, such as accidents, explosions, fires, strikes and/or lockouts, earthquakes, floods, and other similar events that may prevent, in whole or in part, the execution of the contract within the agreed timeframe. LusvadiWine Ltd. will not be liable for damages, losses and costs incurred as a result of the non-performance of the contract for the above causes, possibly having the consumer only the right to a refund of the price paid. Except in cases of willful misconduct or gross negligence, the right to compensation against LusvardiWine srl shall not exceed the price of the products purchased by the consumer and for which the dispute arose.

Article 7 – User/consumer responsibility.

The user is obliged to ensure that their entered data are true, complete, up-to-date and to promptly notify any changes in them. In the event that false statements are made, LusvardiWine ltd. reserves the right to exclude such individuals from its user lists, after formal and unaccepted invitation for self-correction.