Introduction

These General Terms and Conditions of Sale govern the purchase of products on the website lacantinadellosbusto.com, in accordance with the provisions of Part III, Title III, Chapter I, of the Italian Consumer Code (Legislative Decree no. 206/2005 as amended). With regard to the delivery of goods and the returns policy, the documents "Shipping, Delivery and Custody" and "Returns, Withdrawals and Refunds" published on the Site form an integral and essential part of this contract. The processing of data, including recordings of live streams, is described in the Privacy Policy; the use of cookies is described in the Cookie Policy.

The Seller reserves the right to amend these terms at any time where it deems necessary.

Identification of the Seller

The goods covered by these general terms and conditions are offered for sale by:

Company Name: La Cantina Dello Sbusto S.R.L.

Registered Office: RIO SALICETO (RE), VIA FRATELLI FRIGGERI 8 CAP 42010

VAT Number and Tax Code: 03156720355

Share capital: €10,000.00

Registered with the Companies Register of: Reggio Emilia (REA: RE - 374629)

Certified Email (PEC) Address: [email protected]

Customer Service Email: [email protected]

This site is not affiliated with, nor endorsed by, The Pokémon Company, Nintendo, Creatures or Game Freak. All trademarks belong to their respective owners.

Art. 1 - Definitions

1.1 The expression "online sales contract" or "contract" means the contract of sale relating to the Products concluded on the site lacantinadellosbusto.com between the Seller and the Buyer.

1.2 The expression "Buyer" means the natural person (whether or not registered on the Site) who makes the purchase; sales are addressed to both professionals and private individuals, provided that they are of legal age.

1.3 The expression "Seller" means La Cantina Dello Sbusto S.R.L. as identified above, i.e. the party selling the goods through the website indicated in the following article.

1.4 The expression "Products" means the goods offered for sale by the Seller through the site lacantinadellosbusto.com, referring both to physical products (boxes, sealed products, collections, collectibles) and to the sale of packs and/or booster packs opened during a live stream (also known as a “live”).

1.5 The expression "Site" means the website lacantinadellosbusto.com and any other directly connected subdomains.

Art. 2 - How the contract is concluded

2.1 The contract between the Seller and the Buyer is concluded exclusively through the Site, where the Buyer, by following the procedures indicated therein, formalises the purchase of the Products.

2.2 These general terms and conditions may be updated, supplemented or amended by the Seller at any time. Such updates/amendments and/or additions shall apply exclusively to purchases made after their publication.

2.3 These general terms and conditions of sale must be reviewed by the Buyer before completing the purchase procedure. Submitting the purchase order implies that they have been read and accepted.

2.4 Before the order is finally submitted, the Buyer will be asked to check the contents of the basket, the Buyer's own details, the price of the selected Products, any shipping charges and additional costs, the payment methods and terms, and the address to which the Products will be delivered.

2.5 The Seller sends the Buyer an email confirming receipt of the order immediately after it has been submitted and, therefore, confirming the conclusion of the purchase contract. This confirmation is sent to the email address provided by the Buyer and contains all the relevant details (identification number, information about the Buyer, Product details, total price, payment method)

2.6 The Seller cannot be held liable for any incidental, indirect, consequential or special damages, including any loss of profit arising from the use of, or inability to use, the website.

Art. 3 - Purchases on the site and Anti-Scalping Policy

3.1 Eligible buyers: Products may be purchased on the Site both by users acting as Private Individuals and by users acting as Professionals. Purchases are permitted exclusively to persons who have reached the age of eighteen. By placing an order, the user declares and warrants that they are of legal age.

3.2 Images: The images and descriptions on the Site, especially with regard to sealed products (e.g. boxes, booster packs, decks), are for illustrative and promotional purposes only.

3.3 Basket: Adding one or more Products to the virtual basket does not constitute a reservation or a hold on them. Product availability is guaranteed only at the moment payment is actually confirmed and the order is consequently completed. The Seller is not responsible for products removed from the basket because stock ran out before the checkout procedure was completed.

3.4 The Seller reserves the right to cancel and/or refuse an order if it comes from Buyers who have not complied with the terms of sale or if suspicious bot activity is detected.

3.5 Anti-scalping: The Seller reserves the right to cancel orders (with a full refund) in the event of obvious technical or manual errors resulting in a manifestly incorrect sale price. To ensure fair access to products, we also reserve the right to limit the quantities that may be purchased per individual customer/household and to cancel multiple orders placed to circumvent such limits (anti-scalping).

Art. 4 - Prices and Payment Methods

4.1 Prices are in Euro (€), including VAT. Shipping costs are shown before payment.

4.2 Due to sudden fluctuations in the collectibles market, the Seller may change prices without notice (the price at the time of the order shall apply).

4.3 Accepted methods: Credit/Debit Cards, PayPal, Advance Bank Transfer, Cryptocurrencies (via crypto.com or external wallets).

4.4 Advance bank transfer: If the Customer chooses Bank Transfer, they will receive the IBAN details in the confirmation email. The Buyer must make the transfer within 5 working days of the order date. The order will be processed only once the amount has actually been credited to the Seller's account. If the amount has not been credited to the Seller's account within 5 working days of the order date, the contract shall be deemed terminated by operation of law and the order will be automatically cancelled, making the Products available for sale again.

4.5 Cryptocurrency payments: The conversion rate is locked for a limited window (15-30 min). Gas Fees are borne by the Customer. In the event of cancellation or withdrawal, the refund will always be equivalent to the original amount spent in Euro (€) at the time of the transaction, paid in fiat currency or, only with the Customer's express consent, in the crypto equivalent at the exchange rate on the day of the refund.

4.6 Pre-orders and Allocations: Pre-orders require full payment in advance. Due to possible "allocations" (supply cuts) by distributors, the Seller reserves the right to reduce quantities or cancel pre-orders exceeding availability, refunding the customer in full. The expected delivery date is indicated on the product page.

4.7 Payment Security: All transactions are processed through secure third-party payment gateways. The Seller does not store on its servers any sensitive card data or private wallet details used by Customers.

Art. 5 - "Live Opening" Service

5.1 Requesting the service and waiver of liability

The Site offers the Buyer the option of purchasing sealed products (e.g. booster packs, boxes, collections) and requesting that they be opened during a live video stream on the Seller's social media channels. This service is purely for entertainment purposes, and authorisation to open the products may be given in two ways: by ticking the relevant box (e.g. "Open in Live") at checkout on the Site, or by explicitly giving consent to proceed with the opening directly via the chat during the live stream. Regardless of the method chosen to give consent (ticking the box at checkout or a statement in the chat), the Customer formally requests the performance of the service, acknowledges the entirely random nature of the contents of the packages and fully releases the Seller from any liability relating to the outcome of the pack opening, the pull rates and the actual economic or collectible value of the cards found.

5.2 Early performance and loss of the Right of Withdrawal

By requesting the "Live Opening" service, the Customer expressly consents to the performance of the service and the opening of the product beginning before the expiry of the 14-day withdrawal period. Consequently, pursuant to Article 59, paragraph 1, letters a) and e) of the Italian Consumer Code (Legislative Decree 206/2005), the Customer accepts and acknowledges that they unequivocally lose their right of withdrawal at the moment the Seller (or a person acting on its behalf) removes the original seal and opens the product live. Once the product has been opened, the order may under no circumstances be cancelled, returned or refunded.

5.3 Further details on the Live opening procedure:

Disconnections or force majeure: Should a prolonged disconnection, a crash of the streaming platform or a power cut occur during the live opening, the local video recording made by the Seller (where technically possible) or the presumption of the Seller's good faith shall prevail. In the case of products partially opened and not visible due to the technical failure, the opening will be completed offline and the products duly sent to the Customer.
Card condition and manufacturing defects: The Seller undertakes to handle the Customer's products with the utmost care and professionalism, using dedicated playmats, sleeves and toploaders for valuable cards. The Seller is in no way responsible for manufacturing defects, printing errors or cosmetic damage (e.g. print lines, damaged edges, miscuts, scratches) already present on the card inside the booster pack sealed by the manufacturer. Should the Seller, in entirely exceptional and proven circumstances, accidentally damage a card during the manual opening process, the Seller undertakes to refund the Customer the purchase price of the individual booster pack or to offer fair compensation agreed between the parties.

Art. 6 - Privacy, Jurisdiction and Disputes

6.1 Privacy: Data is processed in compliance with the GDPR. Details can be found in our Privacy Policy.
6.2 Governing Law and Jurisdiction: The contract is governed by Italian law. For Consumers, the competent court is that of their place of residence. For purchases made with a VAT number, the Court of Reggio Emilia shall have exclusive jurisdiction.
6.3 Alternative dispute resolution: In the event of an unresolved complaint, the Consumer may refer the matter to an alternative dispute resolution (ADR) body.

Art. 7 - Account and registration

7.1 To make purchases, you can register on the Site with an email address and password or with your Google account ("Sign in with Google" feature). Registration is restricted to persons of legal age.

7.2 You must provide truthful and up-to-date information and keep your login credentials safe. You are responsible for the use of your account and must notify us immediately of any unauthorised access by writing to [email protected].

7.3 The Seller may suspend or close an account in the event of improper use of the Site, false information or breach of these terms, without prejudice to the Buyer's rights regarding orders already concluded.

7.4 You may request the deletion of your account at any time by writing to [email protected]. Some data will be retained within the limits provided for by law, as described in the Privacy Policy.