Terms and Conditions of Sale

INDEX

1. Identification of the Professional / Purpose and Acceptance of the Terms and Conditions

2. Ecommerce Owner

3. Scope of Application, Definitions and Eligibility for Purchase

4. Purchase Process and Formation of the Contract

5. Shipping / Delivery of Orders

6. Prices and Payments Important Information About the Products

7. Important Information About the Products

8. Exchange of Goods

9. Right of Withdrawal, Returns and Refunds

10. Legal Guarantee of Conformity

11. User Liability and Limitations of Liability

12. Personal Data Protection and Cookie Policy

13. Applicable Law and Jurisdiction

14. OutofCourt / Alternative Dispute Resolution (ADR / ODR)

15. Amendments, Communications and Final Provisions

16. Contacts / Customer Service

  1. IDENTIFICATION OF THE PROFESSIONAL / PURPOSE AND ACCEPTANCE OF THE TERMS AND CONDITIONS
  1. These Terms and Conditions of Sale (“Terms and Conditions”) govern the access and use of the website (hereinafter, the “Site”) and regulate the contracts concluded between the professional and the consumer through the Site, pursuant to Article 46 of Legislative Decree 206/2005 (Italian Consumer Code). They define the contract of sale of the products and/or services (“Products”) purchased online.
  2. Pursuant to Article 3 of the Consumer Code:
    “Consumer”: any natural person acting for purposes unrelated to any entrepreneurial or professional activity carried out.
    “Professional”: Lucarda S.R.L. Unipersonale, acting in the field of its commercial activity.
    “Product(s)”: any movable good offered for sale on the Site.
  3. By using the Site or placing an order, the user declares that he/she has read, understood, and fully accepted these Terms and Conditions in every part. If the user does not agree with these terms, he/she is invited not to use the Site and not to make purchases.
  4. These Terms and Conditions may be amended and/or supplemented; such changes shall become effective from the date of publication on the Site. The amendments shall apply only to contracts concluded after that date, while orders already confirmed shall remain governed by the previous version (see also Section 15). In the event of significant changes, appropriate information will be provided to users.
  5. Pursuant to Article 49 of the Consumer Code, as reiterated by TAR Lazio judgment No. 12340/2023, the user may view all precontractual information before the contract is concluded.
  1. ECOMMERCE OWNER
    1. Lucarda S.R.L. Unipersonale

VAT No.: 03859680104 – REA: GE385011

Registered office: Via di Sottoripa 61 R, 16124 Genoa (Italy)

Email: lucarda.genova@libero.it

Certified email (PEC): lucarda.pec.it

Telephone: +39 010 247 6913

  1. Identification for intraCommunity transactions

It is hereby declared that the company:

  • The company is registered in VIES (VAT Information Exchange System).
  • It is authorized to carry out intraCommunity transactions.
  • It operates through the OSS scheme for distance sales.
  1. SCOPE OF APPLICATION, DEFINITIONS AND ELIGIBILITY FOR PURCHASE
    1. In addition to the foregoing, the scope of these Terms and Conditions includes:
  • precontractual information (Article 49 Consumer Code);
  • the purchase process and formation of the contract (Article 51 Consumer Code);
  • the legal guarantee of conformity (Articles 128 et seq. Consumer Code);
  • the right of withdrawal (Article 52 Consumer Code).
  1. Where the user cannot be qualified as a consumer, the provisions of the Italian Civil Code governing commercial contracts shall apply; specific references to the Consumer Code concern consumers only.
  2. To make purchases on the Site, the user must provide truthful, complete and uptodate personal data (e.g., first name, surname, email, telephone number, billing/shipping address, payment method). The user guarantees that he/she:
  • is at least 18 years old (or is acting under the supervision of a parent or legal guardian if a minor);
  • has the legal capacity to enter binding contracts;
  • is the legitimate holder of or, otherwise, legally entitled to use the payment methods provided.
  1. Account registration requires the user to:
  • diligently keep access credentials (username and password) and not share them with third parties;
  • promptly notify Lucarda S.R.L. Unipersonale of any unauthorized use of the account or security breach;
  • accept responsibility for all activities carried out through the account.
  1. For information on the processing of personal data, please refer to the Privacy Policy and Cookie Policy available on the Site.
  2. IntraCommunity distance selling

Pursuant to Article 49bis of the Consumer Code, users are informed that:

  • Sales are carried out through the online marketplace managed directly by the company.
  • Offer ranking parameters are determined according to objective criteria.
  • The company acts as a direct seller and not as an intermediary.
  • All product information is provided in compliance with EU legislation.
  1. PURCHASE PROCESS AND FORMATION OF THE CONTRACT
    1. Precontractual information

In accordance with Article 49 of the Consumer Code, before the contract is concluded the user may view:

  • the essential characteristics of the products;
  • the total price, including taxes and shipping costs;
  • payment and delivery methods;
  • conditions and terms of the right of withdrawal;
  • the existence of the legal guarantee of conformity.
  1. Placing an order

The user may select the desired products, check the summary (prices, VAT, any additional charges such as customs duties) and proceed to purchase by following the guided procedure. The order implies an obligation to pay. At the end of the procedure, the user will be redirected to the payment platform.

  1. Order confirmation and conclusion of the contract

Sending the order constitutes the user’s offer to purchase the selected products. Upon receipt of the order, Lucarda S.R.L. Unipersonale will send a confirmation email (“Order Confirmation”) summarizing the items purchased (description, quantity, price, shipping costs, taxes) and the delivery address.

  1. Professionals’ prerogatives

Lucarda S.R.L. Unipersonale reserves the right to:

  • request additional information from the user (by email or telephone);
  • cancel the order in the event of incomplete or untruthful data;
  • refuse orders not sufficiently guaranteed in terms of solvency.

In such cases, any amount already authorized or charged will be cancelled or refunded.

  1. Additional information for crossborder purchases

As provided by Article 48 of the Consumer Code and in line with Directive 2011/83/EU, the following information is supplied before the contract is concluded:

  • Total price including taxes according to the applicable VAT regime;
  • Shipping costs for each destination country;
  • Accepted payment methods for crossborder purchases;
  • Estimated delivery times for each destination country.
  1. SHIPPING / DELIVERY OF ORDERS
    1. Shipping areas

Lucarda S.R.L. Unipersonale ships to:

  • Italy;
  • Europe (EU);
  • United Kingdom (UK);
  • Switzerland;
  • Norway;
  • USA;
  • Canada;
  • Japan.

For destinations not listed, please contact Customer Service (lucarda.genova@libero.it) to check feasibility.

  1. Order processing and delivery times

Orders are processed within five working days after payment is received, subject to stock availability.

Delivery times indicated on the Site (or in the Order Confirmation) are estimates and may vary according to geographic area, customs procedures, holidays or peak periods.

Indicatively, delivery times are:

  • Italy: 24–48 working hours from dispatch (courier GLS or Poste Italiane);
  • Europe: approx. 72 working hours from the time of shipping;
  • NonEU countries: delivery times will be communicated on a casebycase basis or shown at checkout (courier DHL Express).

For deliveries to nonEU countries, the necessary commercial documents will be provided, but foreign customs authorities may require additional documentation or carry out inspections, delaying delivery.

Once the package is shipped, the user will receive an email with a tracking number to monitor the delivery.

  1. Shipping costs

Continental Italy:

  • Free shipping for orders over €100;
  • €10 for orders below that amount.
  • Islands and Venice: €20.
  • EU countries: €20.
  • NonEU countries:
  1. UK, Switzerland and Norway: €30;
  2. USA, Canada and Japan: €40.

Any import duties or taxes will be communicated from time to time or indicated during checkout (if required by the legislation of the country of destination) and remain the responsibility of the customer.

  1. Failed delivery

If delivery cannot be made to the customer for reasons not attributable to Lucarda S.R.L. Unipersonale (e.g., wrong address, recipient absent), the courier will attempt a second delivery; if the second attempt fails, the package will be returned to the sender.

If the customer requires a refund after a failed delivery not attributable to Lucarda S.R.L. Unipersonale, shipping costs will be retained.

Anyway, the customer should contact Customer Service promptly to arrange a new shipment or refund.

  1. Every shipment is accompanied by the required documentation.
  1. PRICES AND PAYMENTS
    1. Product prices

All prices shown on the Site are expressed in Euro (€). Unless otherwise indicated, prices include Italian VAT at 22%. VAT is calculated in Italy in accordance with current Italian legislation.

Any shipping costs or additional charges (e.g., customs duties for nonEU destinations) are calculated and communicated before the order is finalized.

For shipments outside the European Union or to countries with special customs regimes (by way of example: Switzerland, Norway, United Kingdom, USA, Canada, Japan), any import tax, duty or customs charge remains the customer’s responsibility. Lucarda S.R.L. Unipersonale is not responsible for customs holds or charges imposed by local authorities.

  1. Applicable VAT regime for EU countries

For intraCommunity distance sales, the following applies:

  • Sales up to €10,000 per year: Italian VAT applies.
  • Sales over €10,000 per year: VAT of the destination country applies.
  • The threshold is calculated by adding up all intraEU distance sales.
  1. VAT regime for nonEU countries

For sales to Switzerland, Norway, USA, Canada and Japan:

  • These supplies are considered VATexempt exports.
  • Proof of the goods’ exit from EU territory is required.
  • The principle of taxation in the destination country applies.
  1. Countryspecific details:

SWITZERLAND:

  • Exemption from duties under the 1972 EECSwitzerland Agreement.
  • Swiss import VAT applies (standard rate 7.7%).
  • Specific customs documentation required for transit.

NORWAY:

  • Application of the EEA (European Economic Area) Agreement.
  • Norwegian import VAT applies (25%).
  • Preferential origin documentation required.

USA, CANADA, JAPAN:

  • Application of the respective national customs regulations.
  • Specific documentation required for each country.
  • Possible import duties according to current trade agreements.

UNITED KINGDOM (UK):

  • The EUUK Trade and Cooperation Agreement (TCA) applies.
  • UK import VAT applies (standard rate 20%).
  • Customs duties depend on the actual origin of the goods.
  1. VAT refunds:

Pursuant to Presidential Decree 633/1972:

  • Persons established in these countries may request a refund of Italian VAT, subject to the condition of reciprocity.
  • The request must be submitted within specific deadlines.
  • The refund is subject to checks by the Italian Revenue Agency.
  1. Accepted payment methods

Through the Nexi platform, the following are accepted:

  • Credit/debit card (Visa, MasterCard, Maestro, American Express, JCB, UnionPay, PayPal).

Any additional payment methods (cash on delivery, bank transfer, etc.) may be indicated and made available during the purchase procedure.

  1. Failed payment

In the event of nonpayment, transaction refusal or insufficient funds, the order cannot be confirmed or processed.

  1. IMPORTANT INFORMATION ABOUT THE PRODUCTS
    1. Before shipping, products are checked for condition and conformity. If defects, faults or damage are found upon arrival, the user must promptly notify to lucarda.genova@libero.it.
    2. For any communication (claim, request for return/exchange), the user may contact Customer Service:
  • By telephone (+39 010 247 6913);
  • By email (lucarda.genova@libero.it), indicating in the subject line “return/exchange of item purchased online” and specifying first name, surname, telephone number, order number and reason.
  1. If the user wishes to return several items from the same order, it is advisable to include them in a single shipment to simplify handling.
  2. Items to be returned or exchanged:
  • must not have been worn (beyond normal fitting) or damaged;
  • must bear their original labels, packaging and accessories (if any).
  1. EXCHANGE OF GOODS
    1. Size exchange

If the user receives a wrong size item, he/she may request replacement by contacting Customer Service within seven days of delivery.

If the desired size is not available, the user may:

  • wait for restocking, for up to 15 working days;
  • if the item is discontinued, obtain a refund of the amount paid or a voucher of equal value (including any initial shipping costs), valid for six months.
  1. Shipping costs for exchanges

Return shipping costs (from the customer to our warehouse) are sustained by the customer.

Shipping costs for the new size are sustained by Lucarda S.R.L. Unipersonale.

  1. RIGHT OF WITHDRAWAL, RETURNS AND REFUNDS
    1. Right of withdrawal (Article 52 Consumer Code)

If the user acts as a consumer, he/she has the right to withdraw from the contract within 14 days of delivery of the products without having to give any reason.

The withdrawal notice must be explicit and may be sent by email to lucarda.genova@libero.it (optionally using the model withdrawal form).

  1. Customized products

Pursuant to Article 59 c. 1 letter C of the Consumer Code, the right of withdrawal does not apply to products customized at the customer’s request. Such products are nonrefundable.

  1. Return procedure

The customer must return the products within 14 days of the withdrawal notice; they remain the customer’s responsibility until they arrive at the warehouse, therefore a traceable shipment is recommended.

Return address:

Lucarda S.R.L. Unipersonale

Lucarda S.R.L. Unipersonale – Via di Sottoripa 61 R 16124 Genoa (Italy)

16124 Genoa (Italy)

  1. Return Conditions

Products must be intact, unworn (beyond normal fitting) and complete with labels, accessories and original packaging.

Return shipping costs, in the event of withdrawal, are the responsibility of the customer, unless otherwise agreed.

If the products are damaged or worn beyond what is necessary to establish their nature, characteristics and functioning, Lucarda S.R.L. Unipersonale may refuse the return or retain an amount as a reduction in value.

  1. Refund

Once the conformity of the return has been verified, the refund will be made within 14 working days of receipt of the returned products, or of proof of shipment, or in any case within the technical time limits of the payment circuit.

The refund will be made using the same payment method used for the purchase, unless otherwise agreed.

In case of partial withdrawal, only the price of the returned products will be refunded; initial shipping costs will not be refunded if the partial return is not due to defect or error.

  1. International returns
  • For returns from foreign countries (outside the EU or with special customs regimes), the return shipping costs remain the responsibility of the buyer (except in cases of defect or seller error).
  • The customer is responsible for the correct customs documentation for the return to avoid further duties or reimport costs. In case of incomplete documentation, additional charges may be applied.
  1. LEGAL GUARANTEE OF CONFORMITY
    1. All products sold on the Site to a consumer are covered by the 24month legal guarantee of conformity, pursuant to Articles 128 et seq. of the Consumer Code. This means that the Professional guarantees that the goods conform to the sales contract.
    2. The user must report the lack of conformity within two months of its discovery by sending an email to and providing, where possible, adequate documentation (photographs, description of the defect, order number, etc.).
    3. If the lack of conformity is confirmed, the consumer is entitled, at no additional cost, to the repair or replacement of the product; if this is impossible or excessively onerous, the consumer is entitled to an adequate reduction in price or to the termination of the contract.
    4. Guarantees and duration in nonEU countries
  • In certain foreign countries, different mandatory legal guarantee periods may apply. Where such provisions are mandatory and more favorable to the consumer, they will be applied in accordance with local law.
  • Handling warranty claims for products shipped abroad and then returned may require additional time, also due to customs procedures for reintroducing the goods.
  1. USER LIABILITY AND LIMITATIONS OF LIABILITY
    1. User liability

The user is responsible for the truthfulness and accuracy of the data provided during registration and/or purchase; he/she undertakes to indemnify and hold Lucarda S.R.L. Unipersonale harmless from any damage, compensation obligation and/or penalty arising from the breach of such obligations.

  1. Limitations of the Professional’s liability
  • Lucarda S.R.L. Unipersonale shall not be liable for improper or nonconforming use of the products by the user or third parties;
  • It is not liable for delays or nonperformance due to force majeure;
  • It is not obliged to compensate for indirect or consequential damages, except in cases of fraud or gross negligence.
  1. PERSONAL DATA PROTECTION AND COOKIE POLICY
    1. Personal data provided by the customer are processed in accordance with Regulation (EU) 2016/679 (GDPR) and applicable Italian law. The Data Controller is Lucarda S.R.L. Unipersonale.
    2. Legal basis for processing: performance of the contract and legal obligations. The customer may exercise the rights provided by the GDPR (access, rectification, erasure, restriction, objection, portability) by writing to lucarda.genova@libero.it.
    3. The use of cookies and tracking technologies is governed by the Cookie Policy available on the Site.
  1. APPLICABLE LAW AND JURISDICTION
    1. These Terms and Conditions are governed by Italian law. For consumers resident in the European Union, the mandatory provisions of their country of residence remain unaffected.
    2. In the event of disputes initiated by the consumer, the court of the place where the consumer has his/her residence or domicile (if in Italy) shall have jurisdiction, pursuant to Article 66bis of the Consumer Code and as established by Supreme Court judgment No. 25954/2024. This court is mandatory.
    3. Crossborder disputes
  • For EU consumers, the court of their Member State of residence applies;
  • The clauses derogating from the consumer forum are valid only if subsequent to the dispute;
  • The Site is accessible from all EU countries, but this does not automatically confer jurisdiction on those countries.
  1. OUTOFCOURT / ALTERNATIVE DISPUTE RESOLUTION (ADR / ODR)
    1. Pursuant to Legislative Decree 206/2005 (Consumer Code) and Regulation (EU) 524/2013, the consumer may avail of alternative dispute resolution procedures (ADR), such as mediation.
    2. The consumer may also file a complaint via the European Commission’s ODR (Online Dispute Resolution) platform, available at:
https://ec.europa.eu/consumers/odr

  1. ODR procedures for crossborder disputes

Pursuant to Article 141sexies of the Consumer Code:

  • The consumer may access the European ODR platform;
  • The national center of the European Consumer Centers Network (ECCNET) provides assistance;
  • ADR procedures are available for all crossborder disputes.
  1. AMENDMENTS, COMMUNICATIONS AND FINAL PROVISIONS
    1. Amendments to the Terms and Conditions

Any amendment shall be effective from its publication on the Site and shall not apply to orders already concluded.

  1. Communications

All contractual communications addressed to users will be made on a durable medium (email). The user must keep his/her contact details up to date.

  1. Partial invalidity

If one or more clauses of these Terms and Conditions are declared invalid, the remaining provisions will continue to be fully effective.

  1. Tolerance

Any tolerance of a breach or violation by Lucarda S.R.L. Unipersonale shall not constitute a waiver of the rights arising from the breached provision.

  1. CONTACTS / CUSTOMER SERVICE
    1. For information, complaints, reports or assistance relating to the Site and/or purchases made, please contact Customer Service:

Email: lucarda.genova@libero.it

Telephone: +39 010 247 6913

Postal address:

Lucarda S.R.L. Unipersonale

Via di Sottoripa 61 R,

16124 Genoa (Italy)

Date of last update: [18.04.2025]