These terms and conditions apply to all services provided to you by LSD.
By accessing to, or using, this website or requesting services from LSD, you agree that these terms and conditions shall apply.
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1. DEFINITIONS
In these terms and conditions:
“Benefits” means the benefits made available to you by Suppliers;
“Payment Card” means a credit or debit card which you have authorised LSD to use by providing LSDwith the details thereof;
“Request” means a request placed by you with LSD for LSD to arrange the supply of goods and/or the provision of services from a third party on your behalf;
“Services” means the concierge services provided by LSD to you;
“Supplier” means a supplier engaged by LSD on your behalf to supply goods and/or provide services to you.
2. INTERPRETATION
In these terms and conditions:
(a) the term “person” includes a natural person, corporate or unincorporated body (whether or not having separate legal personality);
(b) a reference to a party includes its personal representatives, successors or permitted assigns;
(c) a reference to a statute or statutory provision is a reference to such statute or statutory provision as amended or re-enacted. A reference to a statute or statutory provision includes any subordinate legislation made under that statute or statutory provision, as amended or re-enacted;
(d) any phrase introduced by the terms “including”, “include” or any similar expression, shall be construed as illustrative and shall not limit the sense of the words preceding those terms; and
(e) a reference to “writing” or “written” includes emails.
3. PROVISION OF SERVICES
LSD shall provide the Services to you in accordance with your particular Requests, provided that LSD shall not be required to provide or facilitate the supply of goods and/or the provision of services that it deems at its sole discretion may violate applicable laws, standards and/or regulations or may offend taste and decency in the relevant jurisdiction.
LSD shall use its reasonable endeavours to meet any performance dates specified, but any such dates shall be estimates only and time shall not be of the essence for performance of any Services.
LSD shall have the right to make any changes to the Services which are necessary to comply with any applicable law or safety requirement, or which do not materially affect the nature or quality of the Services, and TSD shall notify you in any such event.
Services will be provided in English or Italian, as the case may be.
You acknowledge that LSD reserves the right to accept commissions upon the supply of products or performance of services by any Supplier.
LSD shall provide the Services using reasonable care and skill and, as far as reasonably possible, in accordance with your Requests and reasonable instructions from time to time.
When you use the restaurant booking service:
(a) you hereby authorise LSD to debit your Payment Card for any deposit paid byLSD on your behalf to the restaurant which is forfeited as a result of your cancellation of the booking;
(b) you agree that where you cancel a restaurant booking within 24 hours of the time the restaurant reservation is made, you shall not be entitled to any refund of any monies paid to secure the booking including the return of any booking deposit; and
(c) LSD reserves the right to deny restaurant requests, if you repeatedly fail to honour your bookings.
Admission to any club premises is at all times at the sole discretion of the club Supplier and LSD shall have no liability where you are refused admission to a club.
LSD may be able to obtain “best tickets” for you in relation to sold out events through one of its ticket agent partners. By instructing LSD to obtain such tickets on your behalf, you are agreeing to purchase tickets above face value and the total cost may include a service charge to LSD in respect of LSD’s provision of services to obtain the seats for you. LSD is not the seller of the tickets and is not responsible for fulfilment of your order. All such tickets and ticket agent partners (who shall be the seller in respect of the transaction) shall have their own terms and conditions (which LSD suggests you should read). Such terms and conditions are likely to include terms which state that sales of tickets are final and no refunds shall be issued after the purchase has been made. LSD shall not be able to provide you with any refund or obtain any such refund on your behalf. In the event of a show being cancelled directly by the artist/promoter, it may be possible to obtain a refund of the face value of the relevant tickets. LSD or its ticket agent partner will despatch your tickets through delivery agents at standard rates. LSD shall not be liable for any failure by delivery agents to deliver your tickets.
LSD reserves the right to refuse to provide the Services should any payment due under these terms and conditions not be received.
4. PLACING A REQUEST
You may place Requests by telephone (which includes text and WhatsApp messages), email or through the ‘Contact’ page of this website.
LSD, acting reasonably, reserves the right to withdraw any of the Services and/or to refuse to accept any Requests at its sole discretion.
If LSD is unable or not obliged to deal with any Request, it will inform you as soon as reasonably practicable.
You undertake that all details you provide to LSD for the purpose of booking, ordering or purchasing products or services are correct, that the debit, credit and/or Payment Card you use from time to time is your own and that you have sufficient funds to cover the cost of the product or service.
From time to time the procurement or provision of certain services, products or Benefits may incur a LSD services fee or handling charge (of which you will be notified in advance) and in such event you hereby authorise LSD to debit your Payment Card with any such handling charges or, alternatively, to invoice you in respect of such fees or charges.
5. CANCELLATIONS, REFUNDS AND RETURNS
You acknowledge that the sales contract for the supply of goods and/or the provision of services made as a result of a Request is between you and the relevant Supplier and that LSD is not a party to such contract. Cancellation of contracts with Suppliers should be addressed with the Supplier directly and will be subject to the relevant Supplier's policies.
If a Request for a specific product or service is not available, LSD may offer you substitute products or services of a similar description and standard. You may at your sole discretion refuse acceptance of such substitute products and/or services and request a full refund in the event that payment has already been made to the Supplier for the unavailable product or service.
All descriptions of any products, services or Benefits on this website have been approved by the relevant Supplier. LSD shall not be liable for inaccurate or misleading descriptions.
Payment for all products and services shall be due immediately upon acceptance of the order by the relevant Supplier.
You further acknowledge that for goods purchased on your behalf by LSD directly from a Supplier, returns and exchanges will be subject to the terms and conditions of that Supplier and returns or exchange of goods purchased may not always be permitted. In circumstances where LSD is asked to source a specific item for you, LSD shall inform you of the refund and exchange policy of that Supplier in advance. LSD shall not be liable to you where a Supplier does not accept the return or exchange of an item.
It shall be your sole responsibility to retain all proof of return of goods to a Supplier. LSD recommends returning the goods by registered delivery or by any other similar means of ascertaining the date of the return dispatch and tracking the return.
LSD will inform you when it becomes aware that a refund of an order has been processed by a Supplier.
In the case of premium courier services, if you are not at the specified delivery address to receive their order at the scheduled time, you may incur further charges for subsequent attempts to re-deliver the goods.
6. SUPPLIERS
Suppliers are responsible for providing you with the services, products and Benefits which you Request LSD to order on your behalf from time to time. LSD shall communicate with Suppliers on your behalf unless it is more appropriate for you to contact the Supplier directly.
Suppliers may impose their own terms and conditions, which in every case apply to the supply of goods and/or the provision of services by that Supplier to you, and such terms and conditions shall be binding upon you at the time of order.
When ordering a product or service or accessing a Benefit, you may be required to provide your Payment Card details. If you request and authorise LSD to use your Payment Card in order to pay a Supplier for products or services, you acknowledge and agree that LSD shall have no liability or be responsible in any way whatsoever in respect of the use of your Payment Card provided that LSD acts in accordance with the instructions issued by you in relation thereof.
You acknowledge that the Benefits are subject to availability and may change from time to time without notice.
If LSD's performance of any of its obligations under these terms and conditions is prevented or delayed by any act or omission by you or failure by you to perform any relevant obligation:
(a) LSD shall without limiting its other rights or remedies have the right to suspend performance of the Services until you remedy your default, and to rely on your default to relieve it from the performance of any of its obligations to the extent your default prevents or delays LSD's performance of any of its obligations;
(b) LSD shall not be liable for any costs or losses sustained or incurred by you arising directly or indirectly from LSD's failure or delay to perform any of its obligations as set out in this clause; and
(c) you shall reimburse LSD on written demand for any costs or losses sustained or incurred by LSD arising directly or indirectly from your default.
7. LIMITATION OF LIABILITY
LSD's total liability to you in respect of death or personal injury and any other damages or losses arising under or in connection with the provision of the Services, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the total value of the Services.
LSD shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profits, loss of business, depletion of goodwill and/or similar losses, loss of anticipated savings, loss of goods; or, loss of contract, or loss of use or, loss of corruption of data or information whether direct or indirect or, any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses arising under or in connection with the provision of the Services.
Your contract for the supply of products or the performance of services is made with the relevant Supplier only. LSD acts as an agent for the Supplier and, unless expressly provided otherwise, all your rights and remedies are against the Supplier.
You acknowledge that any contract entered into by you with any Supplier is an independent contract. LSD hereby disclaims any and all liability for any act or omission of any Supplier or any loss incurred by you as a result of any act or omission of a Supplier whether or not arranged through the LSD.
LSD shall have no liability to you for any loss, damage, costs, expenses or other claims for compensation arising from Requests or any instructions supplied by you which are incomplete, incorrect or inaccurate or arising from their late arrival or non-arrival, or your default.
LSD shall not be liable to you or be deemed to be in breach of these terms and conditions by reason of any delay in performing, or any failure to perform, any of LSD's obligations in relation to the Services, if the delay or failure was due to any cause beyond LSD's reasonable control.
Except as expressly set out in these terms and conditions, all warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from these terms and conditions.
This clause shall survive termination of these terms and conditions.
8. COMMENCEMENT AND TERMINATION
These terms and conditions shall take effect and be binding upon you and LSD upon your access to this website. These terms and conditions shall be applicable for the duration of the Services and shall only cease to have effect upon the completion of the Services. You agree that your only rights and remedies under these terms and conditions shall be against LSD and no other person or entity.
9. GENERAL
9.1. Privacy and Data Protection
LSD will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with the LSD privacy policy, further details of which are set out below.
The Services are subject to the LSD privacy policy, incorporated into these terms and conditions by reference and which applies at all times in relation to any data that LSD collects from you. You can read the LSD privacy policy here.
9.2. Assignment and Subcontracting
LSD may at any time assign, transfer, charge, subcontract or deal in any other manner with all or any of its rights under these terms and conditions and may subcontract or delegate in any manner any or all of its obligations under these terms and conditions to any third party or agent.
You shall not, without the prior written consent of LSD, assign, transfer, charge, subcontract or deal in any other manner with all or any of its rights or obligations under these terms and conditions.
9.3. Waiver
A waiver of any right under these terms and conditions is only effective if it is in writing and shall not be deemed to be a waiver of any subsequent breach or default. No failure or delay by a party in exercising any right or remedy under these terms and conditions or by law shall constitute a waiver of that or any other right or remedy, nor preclude or restrict its further exercise. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy.
Unless specifically provided otherwise, rights arising under these terms and conditions are cumulative and do not exclude rights provided by law.
9.4. Severance
If a court or any other competent authority finds that any provision of these terms and conditions (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed deleted, and the validity and enforceability of the other provisions of these terms and conditions shall not be affected.
If any invalid, unenforceable or illegal provision of these terms and conditions would be valid, enforceable and legal if some part of it were deleted, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable.
9.5. Variation
LSD may vary these terms and conditions from time to time and will notify you of any changes in a timely manner. Notification will be by some or all of the following: this website, by email or by phone. Your continued use of this website constitutes acceptance of such variations to these terms and conditions.
9.6. No partnership
Nothing in these terms and conditions is intended to, or shall be deemed to, constitute a partnership or joint venture of any kind between any of the parties, nor constitute any party the agent of another party for any purpose. No party shall have authority to act as agent for, or to bind, the other party in any way.
9.7. Third parties
A person who is not a party to these terms and conditions shall not have any rights under or in connection with it.
9.8. Governing law and jurisdiction
These terms and conditions, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with, Italian law, and the parties irrevocably submit to the exclusive jurisdiction of the courts of Italy.
