Last updated: 14 August 2026
These Terms and Conditions (the “Terms”) govern the use of the website www.laguarda.com and any sales contract concluded through it. Users are invited to read them carefully before making any purchase.
1. Provider information
LA GUARDA AGRITURISMO IN CANTINA
Via G. Zanardelli, 49 – 25080 Castrezzone di Muscoline (BS), Italy
E-mail: info@laguarda.com
All communications concerning the use of the Site and any orders placed must be sent to the contact details above.
2. Definitions
- Site: www.laguarda.com, including its subdomains and any other website through which the Provider offers the Service.
- Provider: LA GUARDA AGRITURISMO IN CANTINA, as identified in section 1.
- User: any natural person using the Site.
- Consumer: any User acting for purposes outside their trade, business, craft or profession, pursuant to Italian Legislative Decree 206/2005 (the “Consumer Code”).
- European Consumer: any Consumer who, regardless of nationality, is located within the European Union.
- Product: any good or service that can be purchased through the Site.
- Service: the service offered through the Site, as described in these Terms and on the Site itself.
- Agreement: any legally binding relationship between the Provider and the User governed by these Terms.
3. Requirements for using the Site
By using the Site, the User declares that they:
- act as a Consumer;
- are of legal age under applicable law.
The purchase of alcoholic beverages is restricted to Users who have reached the age of eighteen. By placing an order including such Products, the User declares that they meet this requirement.
4. Site content and intellectual property
Unless otherwise specified or clearly recognisable, all content available on the Site is owned by or provided by the Provider or its licensors. This includes, by way of example, texts, photographs, videos, graphics, logos, word and figurative trademarks, as well as the software and technology underlying the Site.
The Provider expressly reserves all intellectual and industrial property rights in such content, which is protected under applicable national law and international treaties.
Users may not use the content in any way other than as necessary or implicit in the proper use of the Service. In particular, Users may not copy, download, share beyond the permitted limits, modify, translate, adapt, publish, transmit, sell, sublicense, transfer to third parties or create derivative works from the content of the Site, nor allow third parties to do so through their own account or device.
Where expressly indicated on the Site, Users are permitted to download, copy or share certain content solely for personal, non-commercial purposes, provided that authorship is duly acknowledged. Exceptions and permitted uses provided for under copyright law remain unaffected.
The Provider takes the utmost care to ensure that the content published does not infringe applicable law or third-party rights. Should a User consider that any content infringes their rights, they are invited to report it using the contact details in section 1.
5. Software licence
Subject to compliance with these Terms, the Provider grants the User a revocable, non-exclusive, non-transferable and non-sublicensable licence to use the software and technology embedded in the Service, within the scope and for the purposes of the Service itself.
The licence does not confer any right to access, use or disclose the source code. It terminates with immediate effect upon termination or expiry of the Agreement.
6. Access to external resources
Through the Site, Users may access resources provided by third parties. The Provider exercises no control over such resources and is not responsible for their content or availability.
The conditions applicable to third-party resources are determined by those third parties in their own terms of use or, failing that, by law.
7. Acceptable use
The Site and the Service may be used solely for the purposes for which they are offered, in compliance with these Terms and applicable law. It is the User’s sole responsibility to ensure that their use does not infringe any law, regulation or third-party right.
The Provider reserves the right to take any appropriate measure to protect its legitimate interests, including denying access to the Site, terminating the contract and reporting the matter to the competent authorities, where the User engages in, or is reasonably suspected of engaging in:
- breaches of law, regulations or these Terms;
- infringements of third-party rights;
- acts liable to significantly harm the Provider’s legitimate interests;
- offensive conduct towards the Provider or third parties.
8. Products, prices and availability
Prices, descriptions and availability of Products are set out in the relevant sections of the Site and may be changed without notice. Such changes do not affect orders already confirmed.
Products are presented with the greatest accuracy technically possible. Graphic and photographic representations, colours and any other presentation element are for reference only and do not constitute a warranty as to the characteristics of the Product. The actual characteristics of the selected Product are specified during the purchase process.
Prices shown on the Site are inclusive of VAT and any applicable tax. Shipping costs, where not included, are indicated separately and communicated to the User before the order is submitted.
9. Purchase process and conclusion of the contract
The purchase process comprises the following steps:
- the User selects the desired Products and adds them to the cart;
- the User reviews the order summary, including Products, quantities, total price, taxes, shipping costs and delivery details;
- the User submits the order and proceeds to payment.
Submission of the order concludes the contract and creates an obligation for the User to pay the price, taxes and any further charges as set out on the order page.
Where the Product purchased requires action on the User’s part — such as providing information, data or particular specifications — submission of the order also creates an obligation for the User to cooperate accordingly.
Following submission of the order, the User receives an order acknowledgement at the e-mail address provided. All communications relating to the purchase process are sent to that address.
10. Payment methods
The accepted payment methods are indicated during the purchase process. Some of them may be subject to further conditions or entail additional costs, which are communicated to the User before the order is submitted.
Payments handled through third-party providers do not involve the collection by the Provider of payment instrument details (such as credit card data): the Provider receives only a notification that payment has been completed. For further information on the processing of personal data, please refer to the Privacy Policy.
Should a payment fail or be refused by the payment service provider, the Provider is not obliged to fulfil the order and reserves the right to claim reimbursement of any costs incurred.
10.1 Authorisation for future payments via PayPal
Where the User enables the PayPal feature allowing future purchases, the Site will store an identification code linked to the User’s PayPal account in order to automatically process payments for subsequent purchases or for instalments of a previous purchase. This authorisation may be revoked at any time by contacting the Provider or by changing the settings of the User’s PayPal account.
11. Retention of title
Products ordered remain the property of the Provider until full payment of the purchase price has been received.
12. Delivery
Deliveries are made to the address indicated by the User, using the methods specified in the order summary.
Delivery is available in the following countries: Italy, Belgium, Denmark, Germany, the Netherlands.
Delivery times are indicated on the Site or during the purchase process. Unless otherwise specified or agreed with the User, Products are delivered within thirty (30) days from conclusion of the contract.
Upon delivery, Users must check the contents of the parcel and promptly report any irregularities using the contact details in section 1 or as described on the delivery note. Users may refuse to accept a parcel that is visibly damaged.
12.1 Delivery of alcoholic beverages
Delivery of alcoholic beverages is subject to the recipient being of legal age under applicable law. Proof of identity may be requested at the time of delivery. Failure to meet this requirement may prevent delivery of the Products.
12.2 Failed delivery
The Provider is not liable for delivery errors resulting from inaccuracies or omissions made by the User when placing the order, nor for any damage or delay occurring after handover to the carrier where the carrier was appointed directly by the User.
Should the Products not be delivered or collected within the set time, they will be returned to the Provider, who will contact the User to arrange a second delivery attempt or agree on alternative arrangements. Unless otherwise agreed, delivery attempts after the first are at the User’s expense.
13. Right of withdrawal
13.1 Who may exercise it
Users acting as European Consumers have the right to withdraw from contracts concluded at a distance within the period set out below, for any reason and without the need to provide justification, unless one of the exceptions listed in section 13.6 applies.
13.2 Withdrawal period
The withdrawal period is 14 days and runs:
- from the day on which the User, or a third party appointed by them other than the carrier, acquires physical possession of the goods;
- where several goods are ordered in a single order but delivered separately, from the day on which possession of the last item is acquired;
- where goods consist of multiple lots or pieces delivered separately, from the day on which possession of the last lot or piece is acquired.
13.3 How to exercise it
To exercise the right of withdrawal, the User must send the Provider, before the period expires, an unequivocal statement of their decision to withdraw from the contract, using the contact details in section 1.
For this purpose the User may use the model withdrawal form set out in section 13.7, but remains free to express their decision in any other suitable form.
13.4 Effects of withdrawal
The Provider will reimburse all payments received, including standard delivery costs, without undue delay and in any event within 14 days of being informed of the decision to withdraw.
The reimbursement will be made using the same means of payment used for the initial transaction, unless otherwise agreed with the User, and will not entail any cost for the User.
Where the User has chosen a delivery method other than the least expensive standard delivery offered by the Provider, the additional cost remains at the User’s expense.
13.5 Return of goods
Unless the Provider has offered to collect the goods, the User must return them without undue delay and in any event within 14 days of communicating their withdrawal. The deadline is met if the goods are handed over to the carrier before it expires.
The Provider may withhold reimbursement until the goods have been received or until the User has provided evidence of having returned them.
The cost of returning the goods is borne by the User. The User is also liable for any diminished value of the goods resulting from handling other than what is necessary to establish their nature, characteristics and functioning.
13.6 Exceptions to the right of withdrawal
Pursuant to Article 59 of the Consumer Code, the right of withdrawal does not apply to contracts for:
- the supply of sealed goods which are not suitable for return for health protection or hygiene reasons, where they have been unsealed after delivery;
- the supply of goods made to the Consumer’s specifications or clearly personalised;
- the supply of goods liable to deteriorate or expire rapidly;
- the supply of alcoholic beverages whose price was agreed upon at the time of conclusion of the sales contract, whose delivery can only take place after thirty days and whose actual value depends on market fluctuations beyond the Provider’s control.
13.7 Model withdrawal form
(complete and return this form only if you wish to withdraw from the contract)
To:
LA GUARDA AGRITURISMO IN CANTINA
Via G. Zanardelli, 49 – 25080 Castrezzone di Muscoline (BS), Italy
info@laguarda.comI/We hereby give notice that I/we withdraw from my/our contract of sale of the following goods:
_______________________________________________
(description of the goods concerned)Ordered on: _______________________________
Received on: _______________________________
Name of consumer(s): _______________________________
Address of consumer(s): _______________________________
Date: _______________________________Signature of consumer(s) _______________________________
(only if this form is notified on paper)
14. Legal guarantee of conformity
The Provider guarantees the conformity of the goods sold for a period of two years from delivery, pursuant to Articles 128 et seq. of the Consumer Code and Directive (EU) 2019/771.
In the event of a lack of conformity, the User is entitled to have the goods brought into conformity by repair or replacement or, where the relevant conditions are met, to a proportionate reduction of the price or termination of the contract.
To make a claim under the guarantee, Users are invited to contact the Provider using the details in section 1, enclosing proof of purchase and a description of the defect found.
Users habitually resident in another EU Member State benefit from the legal guarantee under the law of their country of residence, where that law provides broader protection.
15. Limitation of liability
To the extent permitted by applicable law, the Provider is not liable for damages that are not an immediate and direct consequence of its own breach.
Nothing in these Terms excludes or limits the Provider’s liability for wilful misconduct or gross negligence, for death or personal injury, nor the mandatory rights granted to Consumers under applicable law.
The Provider is not liable for any unavailability of the Site due to causes beyond its reasonable control, such as maintenance work, infrastructure failures, network outages or other events of force majeure.
16. Interruption and discontinuation of the Service
The Provider reserves the right to temporarily interrupt the Service for maintenance, updates or modifications, giving Users appropriate notice where possible.
Within the limits of the law, the Provider also reserves the right to suspend or permanently discontinue the Service. In such a case, it will endeavour to allow Users to extract their personal data and will respect Users’ rights regarding continued use of the product and any compensation, as provided by law.
17. Common provisions
17.1 No implied waiver
The Provider’s failure to exercise any right or claim arising from these Terms does not constitute a waiver of that right, nor may it be construed as a definitive waiver of that or any other right.
17.2 No resale
Users may not reproduce, duplicate, copy, sell, resell or otherwise commercially exploit the Site or the Service, in whole or in part, without the Provider’s prior written consent.
17.3 Assignment of contract
The Provider reserves the right to transfer, assign or novate, in whole or in part, the rights and obligations arising from these Terms, having regard to Users’ legitimate interests. Users may not assign or transfer their rights and obligations without the Provider’s written consent.
17.4 Changes to these Terms
The Provider reserves the right to amend these Terms at any time, giving Users appropriate notice. Amendments take effect from the moment communicated to the User.
Continued use of the Service implies acceptance of the updated Terms. Users who do not wish to accept the changes must cease using the Service and may withdraw from the Agreement. Until the changes are accepted, the relationship remains governed by the previous version, which may be requested from the Provider.
In any event, amendments do not affect orders confirmed before they enter into force.
17.5 Severability
Should any provision of these Terms be or become void or ineffective, the validity and effectiveness of the remaining provisions shall not be affected. The parties will endeavour to replace the void or ineffective provision with a valid one reflecting, as far as possible, its original purpose; failing agreement, it will be replaced by the applicable statutory rules.
17.6 Privacy
Information on the processing of personal data is set out in the Site’s Privacy Policy.
18. Governing law and jurisdiction
These Terms are governed by Italian law.
Where the law of the Consumer’s country of habitual residence provides a higher level of protection, that higher level prevails: mandatory provisions in favour of Consumers under the law of their country of residence remain applicable in any event.
For disputes with Users acting as Consumers, exclusive jurisdiction lies with the court of the Consumer’s place of residence or elected domicile, where located within Italian territory, pursuant to Article 66-bis of the Consumer Code. For Users not acting as Consumers, exclusive jurisdiction lies with the Court of Brescia, Italy.
19. Dispute resolution
19.1 Amicable settlement
Users may report any dispute to the Provider, which undertakes to seek an amicable solution. Complaints may be sent to the e-mail address given in section 1, together with a brief description and, where relevant, details of the order concerned. The Provider will respond without undue delay and in any event within 21 days of receipt.
The User’s right to bring proceedings before the competent court remains unaffected.
19.2 Alternative dispute resolution (ADR)
Where an amicable solution cannot be reached, Consumers may refer the matter to an alternative dispute resolution body listed by the competent authorities, such as the mediation and conciliation bodies established at the Italian Chambers of Commerce. The list of accredited ADR bodies is available on the website of the Italian Ministry of Enterprises and Made in Italy.
Recourse to such procedures is optional and does not affect the Consumer’s right to bring the matter before the competent court.
This document is an English translation provided for convenience. In the event of any discrepancy, the Italian version shall prevail.