TERMS OF SALE

Purchases on Website

These Terms of Sale, as set out below, regulate the sale of products on the website https://locandaitalia.shop/ (the “Website”), which is also accessible via other domain names.  By using the website, you accept these Terms of Sale and the general terms and conditions.  If you do not agree with the Terms of Use, then you do not have the right to access, view, download or otherwise use the Site or purchase any products and, accordingly, you should not do so.

We may at our sole discretion change, add, or delete portions of these Terms of Use at any time on a going-forward basis. It is your responsibility to check these Terms of Use for changes prior to use of the Site, and your continued use of the Site following the posting of changes to these Terms of Use constitutes your acceptance of any changes.

The seller of the products sold on the Website is IDEA Partners GmbH, Gotthardstrasse 26
6300 Zug, Switzerland, VAT code CHE-451.140.694 (hereinafter  » IDEA Partners GmbH « ).

• The sale of alcohol to minors under 18 is prohibited by European law.
• Purchasing on the Website is reserved exclusively for clients of legal age and the capacity to enter into binding contracts under the applicable laws (the “Clients”).
• By using the website and/or agreeing to these Terms, you represent that you are of the age of majority and are legally permitted to purchase alcohol in your state or province of residence and in the state or province of purchase, delivery and consumption. It is a condition of purchase for alcohol containing products that you verify that you are 18 years of age or over. If you do not confirm that you are 18 years or over, your order will not be processed.
• IDEA Partners GmbH, CHE-451.140.694 reserves the right to terminate the online sale agreement and refuse the sale of alcohol to any ‘Client’ we believe may be underage.
• By making purchases on the Website, the Client expressly and unconditionally accepts the Terms of Sale.
• Any subsequent modifications of the Terms of Sale shall enter into effect from the date of publication on the Website and shall solely concern such purchases on the Website as are completed after said date of publication.

My account

You will be required to create an account/register with the obligation to provide true, accurate, current and complete information, to place an order.

When you create an Account, you are required to provide your name and email address and select a password (collectively, your “Account Information”), which you must not transfer to or share with any third parties. If someone accesses our Site or Services using your Account Information, we will rely on that Account Information and will assume that it is really you or your representative who is accessing the Site and Services.

You are solely responsible for any and all use of your Account Information and all Orders and activities that occur under or in connection with the Account. Without limiting any rights which we may otherwise have, we reserve the right to take any and all action, as it deems necessary or reasonable, to ensure the security of the Site and your Account, including without limitation, terminating your Account, changing your password, or requesting additional information to authorize transactions on your Account.

You agree to be responsible for any act or omission of any users that access the Site or Services under your Account Information that, if undertaken by you, would be deemed a violation of these Terms of Use. You may not use anyone else’s Account at any time, without the permission of the Account holder. Please notify us immediately if you become aware that your Account Information is being used without authorization.

You agree not to register for more than one Account, register for an Account on behalf of an individual other than yourself without such individual’s authorization, or register for an Account on behalf of any group or entity.

Online procedure

Purchase orders for products on the Website (“Order”) are placed according to the following online procedure:

• The Client searches for  the certain product(s) of interest at the website. A detailed product description can be found in the product sheet published on the Website;
• The Client selects the product (s) of interest and adds it (them) to the shopping cart. At that stage, the Client can decide to continue shopping or proceed to checkout;
• Clients who have a specific coupon code can enter the code in the “Apply coupon” field (exactly as shown, without spaces). After that, clicking on “Update cart” should display the adjusted price;
• In order to finalise the purchase, the Client clicks on “Go to checkout”;
• At the checkout stage, the Client has an opportunity to either register at the Website or to sign in (for already registered clients);
• The Client then selects a payment method:
  • Credit or debit card (Visa, Visa Electron, MasterCard etc.) through online payment software Stripe (http://stripe.com)
• Finally, the Client confirms the Order by clicking the appropriate button on the Website.

The personal information supplied by the Client during checkout must be accurate and up to date.
IDEA PARTNERS GbmH disclaims all liability for issuing incorrect tax documents due to inaccurate or incomplete data provided by the Client.

Upon receiving the Order, IDEA PARTNERS GbmH will send the Client an e-mail acknowledging receipt of the Order. That e-mail by no means constitutes a confirmation of acceptance of the Order on the part of IDEA PARTNERS GbmH.

In fact, IDEA PARTNERS GbmH reserves the right to accept or reject, at its own discretion, the Client’s request to purchase products on the Website. IDEA PARTNERS GbmH may reject an Order, for example, in case of unavailability of products, for the suspected fraudulent nature of an Order, impossibility of delivering the products to the selected location, etc.

The Order is not deemed to be accepted until the Client receives the confirmation of acceptance of the Order (“Order Confirmation”), which generally coincides with the date of dispatch of the products ordered. Thus, the contract of sale for the products between IDEA PARTNERS GbmH and the Client must not be considered perfected until such date.

For modification of an Order, the Client may contact the Website by e-mail at support@locandaitalia.shop. Notwithstanding the foregoing, the Order can no longer be cancelled or modified once it has been indicated on the Website as “In preparation for shipping”.

Prices of the products

The selling prices of the products displayed on the Website will be displayed in the currency based on the shipping country you select. The prices  include VAT.

The shipping fees are calculated and displayed to the Client in the checkout phase.

For deliveries to non-EU countries sent “delivery duty unpaid”, the postal service may require the Client to pay further amounts for taxes and import duties.

IDEA PARTNERS GbmH is not able to determine the amount of such import charges in advance or to provide the Client with any advice in that respect.

Any changes in the prices of the products will enter into effect on the date of publication of the new prices on the Website, with no retroactive effects on the Orders already accepted by sending the Order Confirmation.

IDEA PARTNERS GbmH reserves the right not to accept an Order because the product prices are incorrect, including in the Order displayed on the Website or indicated in the email sent to confirm receipt of the Order.

Shipping and handling costs are dependent on  order total  and weight, and will vary depending on destination. To calculate your shipping costs, first mark the goods you would like to order in the shopping cart and click « Checkout”. If you are already registered, please log in. If you are ordering for the first time, please register first. If you continue in the ordering process, you will see the applicable shipping charges, before the actual purchase takes place. You can abort the ordering process at any time, before you press the « Place Order » button.

Availability of products

IDEA PARTNERS GbmH guarantees timely and punctual preparation of the Orders.

If an Order includes a quantity of products greater than the available inventory, IDEA PARTNERS GbmH shall promptly inform the Client of the shortage by e-mail and/or by telephone, notifying the Client of any waiting time necessary to obtain the product and asking the Client whether he intends to confirm/modify/cancel the Order.

An Order may be sent in several packages of logistical reasons. The Client is requested to check his email box for messages in which IDEA PARTNERS GbmH declared that one or more items would be sent separately. In case of presumed discrepancies between the amount ordered and the amount received, the Client may contact Customer Service by sending an e-mail to support@locandaitalia.shop.

Note that the images of oenological products (e.g., wine, etc.) are posted merely by way of example. Unless the availability of a specific year is expressly guaranteed on the product information sheet, IDEA PARTNERS GbmH cannot guarantee to the Client the delivery of the year stated on the image of the product which, as mentioned above, is posted on the Website merely by way of example.

Methods of payment

IDEA PARTNERS GbmH accepts payment for Orders through the following methods of payment:

• Credit or debit card (Visa, Visa Electron, MasterCard etc.) through online payment software Stripe (http://stripe.com)

IDEA PARTNERS GbmH neither possesses nor processes in any way data related to the methods of payment chosen by the Client.

Please note that in case a credit/debit card is used, the credit/debit card information is managed directly by banking institutions and/or companies specializing in payment management, by means that are entirely secure for the Client.

If it is suspected that a payment method is being used in a problematic and/or irregular manner, IDEA PARTNERS GbmH may verify that the payment method in question is used in a legitimate and proper manner. If irregularities are found, IDEA PARTNERS GbmH will not continue processing the Order and will inform the Client thereof.

In case an Order is cancelled or withdrawn or any in any other case involving a price refund to the Client, the reimbursement can only be made using the payment method that was used to complete the Order.

Delivery

IDEA PARTNERS GbmH shall provide for delivery of the Order via a first-rate forwarding agent.

The delivery time for the Order may vary from a minimum of 6 (six) days to a maximum of 8 (eight) business days after the date of dispatch of the Order Confirmation to the Client.

While it is our practice to confirm orders by email, the receipt of an email order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service. We reserve the right, without prior notice, to limit the order quantity on any product or service and/or to refuse service to any customer. We also may require verification of information prior to the acceptance and/or shipment of any order.

All orders shipped are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

To provide the Client more complete and dedicated service, under certain circumstances IDEA PARTNERS GbmH may, with the Client’s consent, allow the forwarding agent to contact the Client to arrange for a delivery date more convenient to the Client. If the Client supplies his own telephone number, the forwarding agent that offers such a service shall contact the Client directly from the appropriate subsidiary upon arrival of the package intended for delivery.

Any Client desiring to make use of said service, where available, is asked to specify his own telephone number in the checkout phase, in which case the shipping times will depend on the agreements between the Client and forwarding agent. Otherwise, the shipping times shall be as indicated above.

If unable to deliver the Order within the above-specified times, IDEA PARTNERS GbmH shall give the Client timely notice thereof by e-mail and/or telephone, indicating the time required to complete the Order.

The Client is asked to undertake to facilitate the delivery of the Order by making himself available to take delivery of the Order or by delegating that task to third parties.

If the forwarding agent does not succeed in delivering the Order, Customer Service shall contact the Client to check whether he is interested in another shipping.

IDEA PARTNERS GbmH cannot be held liable for any delays that are not attributable to its own faults or negligence. For example, IDEA PARTNERS GbmH shall be considered exempt from any liability for delays resulting from customs procedures, strikes, natural disasters, force majeure or any other circumstance beyond its control.

At the time of delivery of the Order, the Client shall check for the right number of packages and the integrity of the outer packing.

If the Client finds any irregularities in the delivery, for example regarding the number of packages or damage to the outer packing, the Client shall sign the delivery documents with reservations and contact Customer Service. If the Client deviates from said procedure, the Client may not raise any objections to the delivery, without prejudice to such objections as are provided by law in case of hidden defects and according to the applicable customer protection laws and regulations.

Limitation of liability

IDEA PARTNERS GbmH shall be exempt from all liability if the Order is not delivered within the contractual time limits due to service failures attributable to unforeseen circumstances or force majeure events.

Moreover, IDEA PARTNERS GbmH shall not be held liable for such service failures or malfunctions as:

• Are connected with the use Website and beyond the control of IDEA PARTNERS GbmH and of the employees and/or suppliers thereof;
• Are not reasonably foreseeable; and
• Could not be prevented through ordinary due diligence.

All contractual or extracontractual liability shall be excluded for direct or indirect personal injury and/or property damage caused by IDEA PARTNERS GbmH’s refusal to accept all or part of any Order.

IDEA PARTNERS GbmH shall not be held liable for any fraudulent and illegitimate use by third parties of the methods di payment used for an Order providing that it demonstrates having taken all ordinary precautions to avoid such circumstances.

Guarantee of conformity

IDEA PARTNERS GbmH guarantees the Client that the products sold are not defective and fully comply with all the provisions of the contract of sale.

IDEA PARTNERS GbmH undertakes to ensure that the products:

• correspond to the description given on the Website and have the qualities of the products that IDEA PARTNERS GbmH has presented to the Client as a sample or model;
• are fit for the purpose for which products of the same type are normally used;
• have the usual quality and efficacy that the Client may reasonably expect of a product of the same type, taking the nature of the product into account.

For technological reasons, IDEA PARTNERS GbmH cannot guarantee that the display of colours on the screen is always accurate.

Marginal differences between the description of a product on the Website and the actual characteristics of the product shall not be considered a cause of non-conformity of the product.

The guarantee of conformity of the products sold on the Website shall remain in effect for a period of 2 (two) years after the date of receipt of the products by the Client.

In case of delivery of a non-conforming product, the Client may demand that the products be brought into conformity, at no extra charge, through repair or replacement or else, if it is impossible to do so, the Client shall be entitled to an appropriate reduction of the purchase price or to a refund of the purchase price and of the shipping fees (if actually incurred).

The Client shall notify IDEA PARTNERS GbmH of any non-conformity of the products within a period of 2 (two) months after the date of detection of the non-conformity by sending an e-mail to support@locandaitalia.shop or a registered letter to IDEA PARTNERS GbmH, Gotthardstrasse 26 6300 Zug, Switzerland, VAT code CHE-451.140.694.

After receiving the notification from the Client, IDEA PARTNERS GbmH shall contact the Client to agree with the Client directly on the procedure for withdrawal of the products.

The mere receipt of the products by IDEA PARTNERS GbmH after the present procedure has been initiated by no means constitutes an acknowledgement of any non-conformity of the products, since careful verification by IDEA PARTNERS GbmH is required to that purpose.

The limitation period on the assertion of claims based on hidden defects, in any case, is 26 (twenty-six) months after delivery of the Product.

Before authorizing any returns and/or exchanges, IDEA PARTNERS GbmH reserves the right to require the Client to provide photographic reproductions of the products claimed to be defective and/or damaged.

If the products are non-conforming, the necessary transportation costs for the return of the non-conforming products shall be charged entirely to IDEA PARTNERS GbmH.

Right of cancellation

The Client is entitled to cancel the present Terms of Sale within 14 (fourteen) days after the date of delivery of the products. Without prejudice to the causes of exclusion indicated above, and to the extent permitted by law, the Client may, in fact, return the products without providing any justification or incurring any penalty whatsoever.

If the Client decides to exercise the right of cancellation, the Client shall notify IDEA PARTNERS GbmH of that decision according to the instructions provided by IDEA PARTNERS GbmH.

The Client shall be responsible for ensuring the return transportation of the products to the warehouse of IDEA PARTNERS GbmH. If the transport is arranged by the Client, then the right of cancellation shall be forfeited if the products to be returned are lost or stolen during transport to the warehouses of IDEA PARTNERS GbmH.

Warehouse address: Via Europa n.46 – 46018 SABBIONETA (MN) ITALY

The Client shall deliver the products, without undue delay, to the forwarding agent for return, in any case within fourteen days after the Client notified IDEA PARTNERS GbmH, in the prescribed manner, of the Client’s decision to cancel the contract.

After the Client’s legitimate exercise of the right of cancellation, IDEA PARTNERS GbmH shall proceed to reimburse the Client for the purchase price of the products and initial delivery fees, but not for the shipping fees for the return of the products.

IDEA PARTNERS GbmH shall proceed to reimburse the Client without undue delay, at the latest within 14 (fourteen) days after the date of delivery of the returned products to IDEA PARTNERS GbmH or else within 14 (fourteen) days after the date on which the Client provides IDEA PARTNERS GbmH with suitable proof that all the products involved in the cancellation have been shipped, whichever date comes first.

The price of the Order shall be reimbursed through the same payment method as was used by the Client for the purchase.

If the Client makes use of the right of cancellation, the Client shall give IDEA PARTNERS GbmH prior notice thereof by sending an e-mail to support@locandaitalia.shop

In any case, the Client shall return the entire product in its original packing and, in any case, not opened or used.

The Client hereby acknowledges that the right of cancellation cannot be exercised if the products supplied are:

• products that are made to order or clearly customized.
• products at risk of rapid deterioration or expiry.
• sealed products that are unsuitable for return for reasons of hygiene or health protection or because they have been opened after delivery.
• products that, after delivery, are, by nature, inseparably mixed with other products.

If, while verifying the legitimacy of the cancellation, IDEA PARTNERS GbmH ascertains that the Client’s right of cancellation has been forfeited, IDEA PARTNERS GbmH shall return the product to the Client only if the Client agrees to assume the related shipping fees.

IDEA PARTNERS GbmH’s mere acceptance of products returned for the purpose of checking the condition of the same products by no means constitutes an acknowledgement of the legitimacy of the Client’s exercise of the right of cancellation.

Communications

For all communications, suggestions and/or complaints addressed to IDEA PARTNERS GbmH, the Client may:

• send an email to support@locandaitalia.shop
• send a registered letter to IDEA PARTNERS GbmH, Gotthardstrasse 26, 6300 Zug, Switzerland, VAT code CHE-451.140.694.

Complaints and disputes

In case of challenges, complaints and/or disputes concerning the execution of an Order or the application of the Terms of Sale, IDEA PARTNERS GbmH undertakes to make every possible effort to accommodate the Client’s legitimate and reasonable demands.

In any case, the foregoing shall be without prejudice to the Client’s right to make use of the European Online Dispute Resolution platform available at:
https://ec.europa.eu/consumers/odr/main/?event=main.home2.show