Terms and Conditions
The official online shop of the Miss Grape brand
We welcome you to the Miss Grape website (hereinafter referred to as the "Site"), the official online shop of the Miss Grape brand. We ask you to read very carefully the terms and conditions (hereinafter, "Terms and Conditions") governing the relationship between Miss Grape and each User with respect to the use of the Site, to print out a copy or save it on a durable medium, and to retain it. Subject to the application of mandatory provisions of law, the relationship between Miss Grape and Users is governed by the Terms and Conditions, which are deemed read and accepted by Users. Users are advised not to use the Site if they do not agree to the Terms and Conditions.
Any guidelines, rules and commercial policies that may be posted or sent to the User in connection with the User's use of a service or purchase of goods shall be deemed to be an integral part of the Terms and Conditions and shall govern the relationship between Miss Grape and each User with respect to the use of the Site.
Miss Grape reserves the right to change the Terms and Conditions from time to time by posting an updated version on the Site. Your use of the Site after the posting of changes will constitute acceptance of the changes.
Definitions of capitalised terms used in these Terms and Conditions are contained in Article 18 below.
1. IDENTITY OF THE SELLING COMPANY
The owner and operator of the Site is Miss Grape Snc. Via Calatafimi 1b, 45100 Rovigo Italy.
She can be contacted by e-mail at: [email protected].
The products on the Site are sold by Miss Grape Snc, with registered office at Via Calatafimi 1b, 45100 Rovigo Italy. VAT and Tax Code IT01494470295. Email: [email protected].
For assistance regarding online purchases: +39 0425 410055. Hours: 9:00 - 18:00 / Monday - Friday.
2. ACCURACY OF CONTENT
Miss Grape makes reasonable efforts to ensure that the information posted is accurate and up-to-date. However, it is not possible to guarantee the total absence of errors on the Site. In fact, the information and documents published may contain inaccurate data or typographical errors. In any event, the weights, sizes and volumes of the products are approximate; moreover, although every reasonable effort is made to ensure that the colors of our products are displayed as accurately as possible, it is impossible to provide any assurance that the colors displayed on the screen by the User accurately reflect those of the products being delivered.
Miss Grape reserves the right to change, at its sole discretion, the contents of the Site and legal notices, at any time, without notice and without posting and/or sending any information about it.
Access to and enjoyment of the Site may be interrupted in whole or in part; moreover, the Site itself and the server that makes it available may contain viruses or other harmful elements. In any case, Miss Grape is not and cannot be held responsible for any damages of any nature caused, directly or indirectly, by the access to the Site, the inability to access it and its use.
The sale price of each product is the price published on the Site at the time the User sends the relevant purchase order. This price is confirmed in the e-mail with which Miss Grape acknowledges receipt of the purchase order (see Article 4.4 below).
All published prices are in euros and include VAT. Shipping charges are initially listed separately; these charges are indicated when the purchase order is formed and are included in the total price listed on the order.
Should a manifest error be detected by Miss Grape in the indication of the price of the products ordered or the shipping costs, the User will be informed as soon as possible and will be offered the option of confirming the order at the correct price or cancelling it. In the latter case, Miss Grape will refund the amount paid within 14 (fourteen) days of receipt of the communication informing the User of the choice to cancel the order.
4. ONLINE PURCHASES: SENDING ORDERS
Purchases on the Site may only be made by persons 18 years of age or older.
Acceptance of each purchase order is subject to the actual availability of the relevant product.
Products offered on the Site, in fact, may be unavailable or available in limited quantities.
The purchase procedure consists of the following steps:
- add the desired products to your shopping cart;
- select the shipping method, enter the address at which you wish to receive the product(s) and view the costs involved;
- enter the data required for invoicing;
- you will be asked to carefully read and accept the Terms and Conditions;
- select one of the payment methods indicated on the site;
- check carefully, before validating the order, the selection made, the total price, including shipping costs, and any other aspect of the contract;
- pay the total cost of the selected product(s) and submit the purchase order.
- Upon completion of the purchase procedure, a confirmation of receipt of the order submitted by the User is immediately sent. This confirmation is sent by e-mail to the e-mail address provided by the User and contains all data related to the order (identification number, information about the User, product(s) data, total price, payment method, costs and delivery time).
Within 48 (forty-eight) hours of receipt of the purchase order, Miss Grape will notify, via e-mail, the acceptance of the same and the shipment of the relevant product, indicating the delivery time.
The accepted methods of payment are indicated on the Site.
Payments must be made in euros. For more information on Internet fraud and secure payments, please refer to the published on the Site. Miss Grape retains ownership of the goods sold until payment is received for the goods and shipping charges, as well as any interest on arrears and/or indemnities.
6. ACCEPTANCE OF PURCHASE ORDER AND PERFECTION OF THE SALES CONTRACT
The sales contract is concluded by Miss Grape's acceptance of the purchase order in accordance with Article 4.5 above. Miss Grape reserves the right to reject an order, in whole or in part, in the following cases:
- if the product is not available;
- if the payment details provided are inaccurate or cannot be verified;
- if the security system flags an order as unusual or potentially fraudulent;
- if there is reason to believe that the person placing the order is under 18 years of age;
- if there is reason to believe that the person placing the order is a reseller;
- if delivery to the address provided is not possible;
- in the event of force majeure.
7. SHIPMENT RESTRICTIONS - DELIVERY PLACE
"c/o" mailing addresses and APO military addresses are not allowed.
Shipments are made Monday through Friday, except holidays.
Miss Grape undertakes to use all reasonable efforts to deliver the products within the deadlines indicated in the relevant order acceptances. Such deadlines are approximate and Miss Grape assumes no responsibility for meeting them. In any event, where it is not possible to meet such deadlines, Miss Grape will notify you within 30 days of receipt of the relevant order. Misreporting of an address is the responsibility of the User and may result in additional charges which will be recovered from the User.
All goods will be shipped by Miss Grape. In the event that the product is not delivered within the specified time, please contact Miss Grape at [email protected] , or by phone at +39 0425 410055, Hours : 9 am - 6 pm GMT+1 / Monday - Friday, reporting your customer number or order number. In addition, Miss Grape's consumer service can be contacted at the e-mail address [email protected] or, Monday through Friday, excluding holidays, from 8:30 am to 5:30 pm, by phone at +39 0425 410055. In case of non-receipt of the product within 30 days from the date of acceptance of the relevant order, the User has the option to withdraw from the contract, obtaining the cancellation of the same order and a full refund of the price paid.
Shipments are made only by courier. A signature is always required upon delivery. It is the User's option to accept that a delivery be signed for by a person other than the User, provided that such person is present at the address provided and is 18 years of age or older. If no one is present at the time of delivery, the User will be asked to contact the assigned courier.
9. DEFECTIVE PRODUCTS OR WRONG SHIPMENTS
Upon delivery, the User is required to check the packaging for damage and, if the product is damaged or does not conform to the order sent, not to accept the shipment, clearly noting on the delivery note the nature of the damage and/or error.
The User is required to notify Miss Grape of the relevant problem by sending an e-mail to [email protected] ; for possible assistance, call +39 0425 410055 . Hours : 9 am - 6 pm GMT+1 / Monday - Friday. In addition, Miss Grape's consumer service can be contacted at the e-mail address [email protected] or, Monday through Friday, excluding holidays, from 9 a.m. to 6 p.m., at the phone number 0425 410055.
10. RIGHT OF WITHDRAWAL
The Consumer has the right to withdraw from the contract without penalty and without specifying the reason, within the term of 14 (fourteen) days from the delivery of the product(s) to the same consumer or to a third party designated by the same. In the case of multiple goods ordered by means of a single order and delivered separately, the term for exercising the right of withdrawal shall run from the day on which the consumer, or a third party designated by the same, acquires physical possession of the last good. The right of withdrawal is excluded with respect to customized items.
The substantial integrity of the item(s) to be returned is an essential condition for the exercise of the right of withdrawal. More precisely, the consumer is only responsible for the decrease in the value of the goods resulting from handling the goods other than what is necessary to establish the nature, characteristics and functioning of the goods in accordance with Article 57, paragraph 2, of the Consumer Code.
To exercise the right of withdrawal, the Consumer must follow the following procedure:
- Send written communication to Miss Grape, by one of the following methods: (i) electronic mail at. [email protected] ; (ii) to the return form indicated at the following link.
The communication must contain an explicit statement of the decision to withdraw from the contract of sale with an indication of the identification number of the relevant order. For this purpose can be used the appropriate to [form duly completed, or follow the [online procedure] . To comply with the withdrawal period, it is sufficient that the communication is sent before the expiration of the aforementioned period of 14 (fourteen) days.
- Within 48 (forty-eight) hours of receipt of the communication regarding the exercise of the right of withdrawal, Miss Grape will communicate the instructions for the return of the products; in particular, the Company will send, via e-mail, a label containing all the data necessary to ensure proper shipping (the User's data, the delivery address, the courier's identification data and the telephone number of the same courier to arrange the pickup of the product from the User, etc.). For international orders, the return is the responsibility of the customer. For orders within the national territory, the cost of return is € 3.90 (VAT included).
- Pack the Product (preferably with the original packaging, authentic labels, accessories, operating instructions, and warranty sheets). Using the original packaging will prevent any damage in transit. Print the label sent by Miss Grape and tape it to the package(s);
- Ship the product within 14 (fourteen ) days of receiving the return instructions (i.e., the e-mail with the label);
- Miss Grape will refund all sums paid by the Consumer, including delivery costs, within 14 (fourteen) days from the date on which it received the communication regarding the desire to withdraw from the Contract, unless the goods were delivered to the Carrier, by the same User, incomplete or damaged. In this case, Miss Grape will immediately inform the Consumer of the defects found in the products and the impossibility of accepting the return. If, at the time of purchase, the Consumer has expressly chosen a type of delivery other than the least expensive, Miss Grape reserves the right to refund only the fee provided for the latter type of delivery. The refund will be made using the same means of payment used by the consumer for the initial transaction, unless the consumer has agreed otherwise. In any case, the consumer does not incur any cost by reason of the refund.
The above withdrawal procedure applies only to purchases made through the Site.
11. LIMITATION OF LIABILITY
Without prejudice to the provisions of the Consumer Code for the protection of consumers, Miss Grape assumes no liability for any damage resulting from the use of the Site, from difficulties in accessing it or in using its functions, content or links to other sites, except in cases of gross negligence or willful misconduct.
In addition, Miss Grape assumes no liability with respect to:
(a) any loss not foreseeable by the contracting parties at the time the sales contract is entered into and related to the supply of the products and related services or their use;
(b) any loss not due to a default by the Company;
(c) losses inherent in business activities.
In any case, Miss Grape's liability is, however, limited and cannot exceed the purchase price of the products.
(a) Legal warranty :
Articles 128 to 135 of the Consumer Code apply to the contract. Miss Grape recommends that you always keep copies of the documents pertaining to the purchase, such as the order, invoice, delivery note, etc.
Miss Grape is liable to Consumers for any lack of conformity manifested within the term of 2 (two) years from the delivery of the goods. The Consumer forfeits the right to the warranty if he/she does not report the lack of conformity within 2 (two) months from the discovery. The complaint must be made by registered letter with acknowledgment of receipt sent to Miss Grape snc. Miss Grape's consumer service is, however, contactable at the e-mail address [email protected] or, from Monday to Friday, excluding holidays, from 9.00 a.m. to 5.30 p.m., at the telephone number 0425 410055. In any case, the action aimed at asserting defects of conformity is prescribed in 26 (twenty-six) months from the delivery of the goods.
Miss Grape will take delivery of the defective product to verify whether or not the malfunction depends on a conformity defect. In particular: (i) for defects that appear in the first 6 (six) months from the date of delivery of the product, the verification is always at the expense of Samsonite, since it is presumed that said defects existed from the time of delivery; (ii) after six months from delivery, in the only case in which the malfunction does not depend on a conformity defect, Miss Grape reserves the right to ask the Consumer for reimbursement of the cost - which will be indicated in advance - incurred for the verification.
The Consumer may request, at his or her option and without incurring any expense, repair or replacement, unless the remedy requested is objectively impossible or excessively onerous compared to the other. One of the two remedies shall be considered excessively onerous if it imposes unreasonable expenses on the seller in comparison with the other, taking into account: a) the value that the goods would have if there were no lack of conformity; b) the extent of the lack of conformity; c) whether the alternative remedy can be exercised without significant inconvenience to the consumer.
Repairs or replacements will be made within a reasonable time from the request.
The Consumer may, at his or her option, request a reasonable reduction in the price or termination of the contract where any of the following situations occur: a) repair or replacement is impossible or excessively burdensome; b) Miss Grape does not repair or replace the goods within a reasonable period of time; or c) the replacement or repair previously carried out has caused significant inconvenience to the Consumer.
(b) Conventional Warranty:
In addition to the conformity warranty due under the Consumer Code, Miss Grape also offers an additional warranty on certain products. This conventional warranty is different from and additional to the legal warranty of conformity and does not replace or limit it.
For more information on the conventional warranty, please refer to the warranty card posted on the Site.
13. CONTACTS. QUESTIONS, COMPLAINTS, COMMENTS AND SERVICE CONTACTS
All communications can be sent by e-mail to the e-mail address: [email protected] , by phone at +39 0425 410055.
14. LIMITATION OF USE AND INTELLECTUAL PROPERTY RIGHTS
All trademarks, product names, and trade names used on this Site are covered by proprietary rights. The User is not authorized to use or reproduce such trademarks, names and designations, as this may constitute infringement of the rights of their respective owners. The design, organization of functions, text, documents, videos and all other materials on the Site are copyrighted by Miss Grape IP or its suppliers. The User is authorized to electronically copy and print parts of the Site only to the extent necessary to place an order. The User is not authorized to make any other use of the information and materials on the Site, including reproduction, modification, distribution or (re)publication for purposes other than those stated above. The User who wishes to use materials and information from the Site is required to obtain prior permission from Samsonite.
15. USE OF YOUR INFORMATION AND SUGGESTIONS WITH RESPECT TO THE SITE
16. USE OF SUGGESTIONS SUBMITTED BY YOU TO Miss Grape WITH REGARD TO NEW PRODUCTS, FEATURES OR PROCESSES
Miss Grape has the right to retain material forwarded to it, to make copies of it, and to keep it in its files.
Users' privacy is extremely important to Miss Grape; we want to make sure that you are aware of our policy in this regard and that you approve of how we may treat your personal information.
In the context of the Terms and Conditions, the terms listed below shall have the following meanings:
Terms and Conditions: these terms and conditions and any further additions and updates thereto.
Order: the result of the ordering process as described in Article 4 of the Terms and Conditions.
User: a person who by typing in the address of this Site or following a link visits the Site and uses it for information purposes or to place an order.
Consumer: a User who accesses the Site and purchases products sold through it for purposes unrelated to any entrepreneurial or professional activity carried out by it, in accordance with the provisions of Legislative Decree No. 206 of September 6, 2005 ("Consumer Code").
Site: a collection of web pages grouped together under the address.
19. APPLICABLE LAW AND COMPETENT COURT
These Terms and Conditions are governed exclusively by Italian law.
Pursuant to Article 66 bis of the Consumer Code, for disputes to which a consumer is a party, the mandatory territorial jurisdiction is of the judge of the place of residence or domicile of the consumer. In all other cases, competent to decide on any dispute arising with reference to these General Conditions is the Court of Rovigo.
20. TOTALITY OF AGREEMENT
These Terms and Conditions supersede all other terms previously applied to You.
Should any of the Terms and Conditions be declared void, invalid, or unenforceable, the other terms and conditions shall remain valid and the part declared void and invalid shall remain in force within the limits of the law.
Pursuant to Articles 1341 and 1342 of the Civil Code, the User not acting as a consumer declares that he/she has read the following clauses and specifically approves them: article 2 "Accuracy of Content"; article 11 "Limitation of Liability"; article 19 "Applicable Law and Jurisdiction".
The Terms and Conditions were last updated on 01/11/2022.