GENERAL CONDITIONS OF PURCHASE
(pursuant to Chapter I, title 3, part 3, of Legislative Decree 206/2005 and subsequent amendments and additions)
1. Introduction and effectiveness of the General Conditions
These general conditions of sale (hereinafter, “General Conditions “) have as their object the regulation of the purchase of products and services, carried out remotely and made available, via the internet, from the site www.spiritodelgarda.it (hereinafter, the “Site “) in compliance with the Italian legislation referred to in Legislative Decree 206/2005 and subsequent amendments and additions (hereinafter,”Consumer Code “).
The seller of the products and owner of the Site is: Lemuria s.r.l. with registered office Via A. Callegari, 10 25121 Brescia, C.F / P.I. 03100600984 and registration in the Brescia Business Register no. REA: BS – 505074, Excise Code nr IT00BSX00564R. E-mail address: email@example.com(hereinafter “Lemuria“).
The consumer who accesses the Site to make purchases (hereinafter “Customer“) is required, before sending the order, to carefully read these General Conditions that have been made available to him on the Site and which will be available at any time by the Customer in the footer of the site.
In the event that the person making purchases on the Site requests an invoice and / or is not a “consumer or user” as defined in art. 3, paragraph 1, lett. a), of the Consumer Code, the withdrawal regulations pursuant to art. 7 and 8 of these General Conditions nor, more generally, the provisions that pursuant to the same Consumer Code apply only to “consumers”.
Contracts concluded with Lemuria through the Site are governed by these General Conditions in compliance with Italian law. The language available to conclude the contract is Italian and english.
2. Choose and order the Products
The characteristics and the price of the various products for sale on the Site (hereinafter “Product” or “Products“) are shown on the page relating to each Product.
By sending the order from the Site, which has the value of a contract proposal, the Customer acknowledges and declares to have read all the information provided to him during the purchase procedure and to fully accept these transcribed General and Payment Conditions.
The contract stipulated between Lemuria and the Customer must be considered concluded with the acceptance of the order by Lemuria S.r.l. This acceptance is communicated to the Customer through an order confirmation email containing a reference to these General Conditions, the order number, the shipping and billing data, the list of Products ordered with their essential characteristics and the total price, including delivery costs.
Upon receipt of the order, Lemuria reserves the right to verify the actual availability of the products ordered, if only a few Products are not in stock, Lemuria will process the order with the Products available. In the event of one or more products missing, the information relating to the final charge or refund will be contained in a message following the shipping confirmation email and will vary depending on the payment method used.
3. Product Information
The information and characteristics relating to the Products are available, with the relative Product codes, on the Site.
The visual representation of the Products on the Site, where available, usually corresponds to the photographic image accompanying the description sheet. It is understood that the image of the Products themselves has the sole purpose of presenting them for sale and may not be fully representative of its characteristics and quality but may differ in color and size. In the event of a difference between the image and the written product sheet, the description of the product sheet always prevails.
4. Prices and shipping
Product prices are inclusive of all taxes and duties. All prices are expressed in Euros.
- Shipping to Italy:
The price of shipping in Italy is indicated on the site on the page before payment and varies according to the weight, size and destination of the product.
- Shipments abroad:
Currently Lemuria S.r.l. does not ship abroad for orders received on the website www. Spiritodelgarda.it.
5. Methods of payment and invoicing
5.1 Payment methods
The Customer may pay the price of the Products and the related delivery costs by credit card, PayPal, bank transfer and cash on delivery..
Credit Card and PayPal
The circuits on which you can buy on the PayPal Site are:
- Visa Electron
- American Express
To ensure maximum security, the Customer will carry out the payment transaction directly on the secure PayPal server.
Once the order is confirmed, the Customer will be redirected to the PayPal site where he can make payment with his account or using a card, even prepaid, or in any case according to the methods accepted by Paypal and in compliance with the relevant conditions.
- Bank transfer
The Customer must make the transfer within 3 days from the order date for orders relating to products. If payment does not occur within 3 days, the order will be canceled and the goods made available again for purchase by other customers. The Customer who has not made the transfer may be contacted by the Customer Service in order to clarify whether the cause of the non-credit is due to the Customer’s will not to confirm the purchase or to other causes.
Data for the transfer: LEMURIA S.r.l.
Banca: BPER Banca – SALO’
Reason: the Customer must indicate the date and order number in the reason for the transfer, which can be found in the confirmation email (eg “Order 01/01/18 no. XXXXXX”) ..
- Cash on delivery
This payment method is available only for shipments made in Italy and only for orders not exceeding € 300.00. Payment will be made upon receipt of the Products and can only be made in cash. For cash on delivery shipments, the customer is required to pay a shipping fee which will be explained on the site before payment.
5.2 Invoicing of orders
If the purchase is made by a professional, it will be possible to request an invoice by sending an email to: firstname.lastname@example.org
6. Transport and delivery
The Products purchased on the Site will be delivered to the address indicated by the Customer during the purchase procedure in the appropriate “Shipping Data” field.
All purchases will be delivered by express courier (hereinafter, “Courier“) from Monday to Friday, excluding holidays and national holidays. Lemuria is not responsible for unforeseeable delays or those not attributable to it.
Once the Products have been shipped, the Customer will receive an email which will include a link to refer to for tracking the shipment.
The ordered Products will normally be delivered from 1 to 3 days after shipment, which will take place within the times indicated on the website for each product, starting from the day following the day in which Lemuria confirmed the order to the Customer by means of a specific order confirmation email.
- Active delivery services in Italy:
The service includes 2 delivery attempts at the address indicated at the time of the order. A notice will be left after each step. On the second unsuccessful delivery attempt, the Courier will contact the recipient of the order by telephone at the telephone number indicated, to arrange delivery. If it is not traceable or is absent, the goods will return to the warehouse.
7. Right of withdrawal
The Customer has the right to withdraw from the purchase contract for any reason, without the need to provide explanations and without any penalty, except in the cases of exclusion provided for in point IV below. To exercise this right, the Customer must send Lemuria a communication within 14 days from the date of receipt of the Products using the form downloadable here (Standard withdrawal form (euroconsumatori.org) or, if you intend to withdraw before having received the Products, the withdrawal notice may be sent at any time prior to their receipt.
This communication must be sent to, addressed to:
K.a. Ufficio Resi e Rimborsi
Piazza Sergio Bresciani, 3
25087 Salò (BS)
Once the communication has been received, Lemuria’s Customer Service will open a file for the management of the return and communicate to the Customer the instructions on how to return the Products.
The right of withdrawal is governed by the following conditions:
I. The law applies to the Product purchased in its entirety; therefore if the Product is composed of several components or parts it is not possible to exercise the withdrawal only on part of the purchased Product.
II. In case of exercise of the right of withdrawal, Lemuria will refund the customer the full amount of the goods res, within 14 days from the date on which the notice of withdrawal was received, without prejudice to Lemuria’s right to suspend the payment of the refund until actual receipt of the goods. The refund will be made using the same payment method used by the Customer, unless the latter has expressly requested a different method. In case of bank transfer or cash on delivery, the Customer will be responsible for providing the bank details on which to obtain the refund (account holder, name and address of the Bank and IBAN). It should be noted that the shipping costs for the return of the goods subject to withdrawal are charged to the customer and that they will be likely to those incurred for receiving the goods.
III. Also in order to be able to guarantee free returns pursuant to article 8 below, the Products must be returned in the same box in which they were received.
IV. In addition to the cases indicated in the Introduction (non-consumer customer and / or requesting an invoice), the right of withdrawal is excluded in the following cases, pursuant to art. 59 d.lgs 21/2014:
– order of products made to measure or clearly personalized;
– order of Products which risk deteriorating or expiring rapidly;
– order of sealed Products that cannot be returned for hygienic reasons or related to health protection or that have been opened after delivery.
With reference to the cases of exclusion of the withdrawal listed above, the Customer, in particular, is informed and accepts that the Products that “risk deteriorating or expire rapidly” include both food products (including wines, spirits and beverages) and cosmetics. , as the characteristics and qualities of these types of Products are subject to alteration also as a result of inappropriate storage. Therefore, for reasons of hygiene and customer protection, the right of withdrawal is applicable only for Products purchased on the Site that can be returned to Lemuria and put back on the market without endangering the health of consumers.
In cases where the right of withdrawal is excluded, Lemuria will return the purchased Products to the Customer, charging the shipping costs to the Customer.
8. Cancellation or change of order shipping address
The Customer may cancel or request a change of the order’s shipping address within 8 hours from the conclusion of the order; after this deadline the order will be processed and it will no longer be possible to request cancellation or change of shipping address.
The Customer must contact the Customer Service at: +39036543577
Lemuria reserves the right to cancel the order in the event of unpredictable situations of difficulty, by informing the Customer by email, or, by agreement with the same, to change the day and / or time of delivery.
9. Warranty and lack of conformity
In case of lack of conformity of Products sold by Lemuria, the Customer must immediately contact Customer Service via the following email: email@example.com at the telephone number: +39036543577
The legal guarantees provided for in articles 129, 130 and 132 of the Consumer Code apply to the sale of the Products. The Customer has the right, at his choice and provided that the type of Product allows it, to restore, without charge, the conformity of the Product by repair or replacement, or to an adequate price reduction or termination of the contract.
The Customer loses these rights if he does not report the lack of conformity to Lemuria within two months from the date on which he discovered the defect, provided that it is not a Product which by its nature is perishable or subject to expiry within a period shorter, in which case the defect must be reported within this shortened period.
10. Errors and Limitations of Liability
The information relating to the Products provided through the Site is constantly updated. However, it is not possible to guarantee the complete absence of errors for which Lemuria cannot therefore be held responsible, except in cases of willful misconduct or gross negligence.
Lemuria reserves the right to correct errors, inaccuracies or omissions even after an order has been sent, or to modify or update information at any time without prior notice, without prejudice to the Customer’s rights under these General Conditions and of the Consumer Code.
Except for willful misconduct or gross negligence, any right of the Customer to compensation for damages or the recognition of compensation is excluded, as well as any contractual or extra-contractual liability for direct or indirect damages to persons and / or things, caused by the non-acceptance or evasion, even partial. , of an order.
Lemuria promotes the responsible consumption of alcohol and excludes any responsibility at its own expense, except for willful misconduct or gross negligence, in the case of a purchase made by children under 18. By purchasing any alcoholic product you declare that you are of age as per art. 7 of Legislative Decree 158/2012. Lemuria assumes no responsibility in the event of a purchase made by minors under the age of 18 who have declared that they are of a different age.
Any complaint must be forwarded to Lemuria by calling the number: 036543577 from abroad +39 036543577), active from Monday to Friday, from 9.00 to 17.00, excluding holidays, or by registered mail to the following address:
Lemuria undertakes to respond to all requests received within a maximum of 7 working days.
12. Online resolution of consumer disputes (ODR)
Pursuant to art. 14 of Regulation 524/2013, the user is informed that in the event of a dispute, he or she may file a complaint via the ODR platform of the European Union which can be reached at the following link http://ec.europa.eu/consumers/odr/. The ODR platform constitutes an access point for users who wish to settle disputes arising from sales or online service contracts out of court.
13. Applicable law and competent court
The sales contract between the customer and Lemuria is concluded in Italy and governed by Italian law. For the solution of disputes relating to the interpretation, execution or resolution of these General Conditions or of individual purchase orders if the Customer is a consumer pursuant to the Consumer Code, the court of his / her municipality of residence or of domicile if located in the Italian territory; in all other cases, the territorial jurisdiction is exclusively that of the Court of Brescia, any other competent court excluded.
Pursuant to Article 1341 of the Italian Civil Code the Customer declares to have read and specifically accepted the following articles of these General Conditions: 6 (responsibility for delays in delivery), 10 (right to correct errors – disclaimers).