Terms and conditions
The official online store of the Miss Grape brand
We welcome you to the Miss Grape website (hereinafter referred to as the “Site”), the official online store of the Miss Grape brand.
We ask you to read very carefully the terms and conditions (hereinafter, “Terms and Conditions”) which govern the relationship between Miss Grape and each User with reference to the use of the Site, to print a copy or save it on a durable medium and to preserve it. Without prejudice to the application of mandatory legal provisions, the relationships between Miss Grape and the Users are governed by the Terms and Conditions, which are considered read and accepted by the Users. Users are invited not to use the Site if they do not agree to accept the Terms and Conditions. Any guidelines, rules and commercial policies that may be published or sent to the User in conjunction with the use by the same of a service or with the purchase of a good, must be considered an integral part of the Terms and conditions and concur to regulate the relationship between Miss Grape and each User with reference to the use of the Site.
Miss Grape reserves the right to periodically modify the Terms and Conditions by publishing an updated version on the Site. Your use of the Site after the publication of the changes will constitute acceptance of the same .
The definitions of capitalized terms used in these Terms and Conditions are contained in Article 18 below.
1. IDENTITY OF THE SELLING COMPANY
The owner and manager of the Site is Miss Grape Snc.
Via Calatafimi 1b, 45100 Rovigo Italy. She can be contacted by email at the email address: [email protected] .
The products on the Site are sold by Miss Grape Snc, with registered office in via Via Calatafimi 1b, 45100 Rovigo Italy. VAT number and tax code IT01494470295. Email: [email protected] .
For assistance with 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 published is accurate and up-to-date.
However, it is not possible to guarantee the total absence of errors on the Site. The information and documents published, in fact, may contain inaccurate data or typographical errors. In any case, the weights, dimensions and volumes of the products are indicative; furthermore, 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 delivered. Miss Grape reserves the right to modify, at its discretion, the contents of the Site and the legal notices, at any time, without notice and without publishing and/or sending any information in this regard.
Access to the Site and its use may be subject to interruptions, in whole or in part; furthermore, 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 access to the Site, by the inability to access it and by its use.
The selling price of each product is that 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 certifies receipt of the purchase order (see article 4.4 below). All published prices are in euros and include VAT.
Shipping costs are initially indicated separately; these costs are indicated when preparing the purchase order and are included in the total price shown in the order. Should Miss Grape detect a manifest error 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 canceling it . In the latter case, Miss Grape will refund the amount paid within 14 (fourteen) days of receiving the communication with which the User informs it of the choice to cancel the order.
4. ONLINE PURCHASES: SENDING ORDERS
Purchases on the Site can only be made by people who are at least 18 years of age.
The acceptance of each purchase order is subject to the actual availability of the relevant product.
The 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 cart;
- select the shipping method, enter the address where you wish to receive the product(s) and view the related costs;
- enter the data necessary for billing;
- you will be asked to carefully read and accept the Terms and Conditions;
- select one of the payment methods indicated on the site;
- carefully check, 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.
- Once the purchase procedure is completed, 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 indicated by the User and contains all the data relating to the order (identification number, information relating to the User, data of the product(s), total price, method payment, costs and delivery times).
Within 48 (forty-eight) hours of receiving the purchase order, Miss Grape will communicate, via e-mail, the acceptance of the same and the shipment of the relevant product, with an indication of the delivery times.
The accepted payment methods are indicated on the Site.
Payments must be made in euros. For further information on internet fraud and secure payments, please refer to the information published on the Site. Miss Grape retains ownership of the goods sold until payment of the goods and shipping costs, as well as any late payment interest and/or compensation, is received.
6. ACCEPTANCE OF THE PURCHASE ORDER AND COMPLETION OF THE SALE CONTRACT
The sales contract ends with the acceptance of the purchase order by Miss Grape pursuant to article 4.5 above. Miss Grape reserves the right to reject an order, totally or partially, in the following cases:
- if the product is not available;
- if the payment details provided are inaccurate or unverifiable;
- 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 the age of 18;
- if there is reason to believe that the person placing the order is a reseller;
- if it is not possible to deliver to the address provided;
- in case of force majeure.
7. SHIPPING RESTRICTIONS – PLACE OF DELIVERY
“c/o” postal addresses and APO military addresses are not permitted.
Shipments are made from Monday to Friday, except holidays.
Miss Grape undertakes to do everything reasonably possible to deliver the products within the deadlines indicated in the relevant order acceptances.
These deadlines are indicative and Miss Grape assumes no responsibility for their compliance. In any case, where it is not possible to respect these deadlines, Miss Grape will inform the User within 30 days of receiving the relevant order. Incorrect communication 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. If the product is not delivered within the indicated times, contact Miss Grape at the email address [email protected] , or at the telephone number +39 0425 410055, Hours: 9 am – 6 pm GMT+1 / Monday – Friday, reporting your customer number or order number. Furthermore, Miss Grape's consumer service can be contacted at the email address [email protected] or, from Monday to Friday, excluding holidays, from 8.30 am to 5.30 pm, on the telephone number 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 possibility of withdrawing 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 on delivery. The User may accept that a delivery is signed for by a person other than the User, provided that such person is present at the address provided and is at least 18 years of age. If no one is present at the time of delivery, the User will be asked to contact the courier in charge.
9. DEFECTIVE PRODUCTS OR WRONG SHIPMENTS
Upon delivery, the User is required to check that the packaging is not damaged and, if the product is damaged or does not conform to the order sent, not to accept the shipment, noting clearly on the delivery note. delivers the nature of the damage and/or the error.
The User is required to communicate the relevant problem to Miss Grape by sending an email to the address [email protected] ; for any assistance at +39 0425 410055. Hours: 9 am – 6 pm GMT+1 / Monday – Friday. Furthermore, Miss Grape's consumer service can be contacted at the email address [email protected] or, from Monday to Friday, excluding holidays, from 9.00 to 18.00, on the telephone number 0425 410055.
10. RIGHT OF WITHDRAWAL
The Consumer has the right to withdraw from the contract without any penalty and without specifying the reason, within 14 (fourteen) days from 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 through a single order and delivered separately, the deadline for exercising the right of withdrawal starts from the day on which the consumer, or a third party designated by him, acquires physical possession of the last good. The right of withdrawal is excluded for personalized items.
The substantial integrity of the product(s) to be returned is an essential condition for exercising the right of withdrawal.
More precisely, the consumer is responsible only for the decrease in the value of the goods resulting from a manipulation of the goods other than that necessary to establish the nature, characteristics and functioning of the goods pursuant to article 57, paragraph 2, of the Consumer Code . To exercise the right of withdrawal the Consumer must follow the following procedure:
- Send a written communication to Miss Grape, by one of the following methods: (i) electronic mail to the address [email protected] ; (ii) to the return form indicated at the following link .
The communication must contain an explicit declaration of the decision to withdraw from the sales contract with the indication of the identification number of the relevant order. To this end, you can use the appropriate [form duly completed, or follow the [online procedure] . To comply with the withdrawal deadline, it is sufficient that the communication is sent before the expiry of the aforementioned period of 14 (fourteen) days.
- Within 48 (forty-eight) hours of receiving the communication relating to the exercise of the right of withdrawal, Miss Grape will communicate the instructions for returning the products; in particular, the Company will send, via e-mail, a label containing all the data necessary to guarantee correct shipping (the User's data, the delivery address, the courier's identification data and the telephone number of the courier itself to arrange collection 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 return cost is €3.90 (VAT included).
- Pack the Product (possibly with the original packaging, authentic labels, accessories, instructions for use and warranty sheets). Using the original packaging will prevent any damage during transportation. 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 email 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 relating to the intention to withdraw from the Contract, unless the goods have been 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 on the products and of 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 one, Miss Grape reserves the right to refund only the amount foreseen for this last type of delivery. The refund will be made using the same payment method used by the consumer for the initial transaction, unless the consumer has agreed otherwise. In any case, the consumer does not bear any costs as a result of the refund. The aforementioned withdrawal procedure applies exclusively to purchases made through the Site.
11. LIMITATION OF LIABILITY
Except as provided by the Consumer Code to protect consumers, Miss Grape assumes no responsibility for any damage resulting from the use of the Site, from difficulties in accessing it or in using the related functions, contents or links to other sites, except in cases of gross negligence or willful misconduct.
Furthermore, Miss Grape assumes no responsibility with reference to:
(a) any loss not foreseeable by the contractual parties at the time the sales contract is stipulated 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 to commercial activities.
In any case, Miss Grape's liability is, however, limited and cannot exceed the purchase price of the products.
(a) Legal guarantee:
Articles 128 to 135 of the Consumer Code apply to the contract.
Miss Grape recommends always keeping a copy of the documents relating to the purchase, such as the order, invoice, delivery note, etc. Miss Grape is responsible towards Consumers for any lack of conformity that appears within 2 (two) years from delivery of the goods. The Consumer loses the right to the guarantee if he does not report the lack of conformity within 2 (two) months of discovery. The report must be made by registered mail with acknowledgment of receipt sent to Miss Grape snc. Miss Grape's consumer service can, however, be contacted at the email address [email protected] or, from Monday to Friday, excluding holidays, from 9.00 to 17.30, on the telephone number 0425 410055. In any case, the action aimed at asserting defects of conformity expires 26 (twenty-six) months from delivery of the goods.
Miss Grape will take delivery of the defective product to verify whether the malfunction depends on a lack of conformity or not.
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 Samsonite's responsibility, as it is assumed that said defects exist from the moment of delivery; (ii) after six months from delivery, in the sole case in which the malfunction does not depend on a lack of conformity, 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 choice and without incurring any expense, repair or replacement, unless the requested remedy is objectively impossible or excessively onerous compared to the other.
One of the two remedies is considered excessively onerous if it imposes unreasonable costs on the seller compared to 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) the possibility that the alternative remedy can be used without significant inconvenience for the consumer. Repairs or replacements will be carried out within a reasonable period of time from the request.
The Consumer may request, at his/her choice, an appropriate price reduction or termination of the contract where one of the following situations occurs: a) repair and replacement are impossible or excessively onerous;
b) Miss Grape does not repair or replace the goods within a reasonable time; c) the replacement or repair previously carried out has caused significant inconvenience to the Consumer. (b) Conventional guarantee:
In addition to the guarantee of conformity due pursuant to the Consumer Code, Miss Grape also offers an additional guarantee on certain products.
This conventional guarantee is different and additional to the legal guarantee of conformity and does not replace or limit it. For further information on the conventional warranty, please refer to the warranty card published on the Site.
QUESTIONS, COMPLAINTS, COMMENTS AND SERVICE CONTACTS All communications can be sent via email to the email address: [email protected] , by telephone at +39 0425 410055.
14. LIMITATION OF USE AND INTELLECTUAL PROPERTY RIGHTS
All brands, product names and commercial names used on this Site are covered by proprietary rights. The User is not authorized to use or reproduce these trademarks, names and denominations, as this may constitute an infringement of the rights of the respective owners. The design, organization of functions, texts, documents, videos and all other materials on the Site are protected by copyright of 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 indicated above. The user who wishes to use materials and information on the Site is required to obtain prior authorization from Samsonite.
15. USE OF YOUR INFORMATION AND SUGGESTIONS REGARDING THE SITE
16. USE OF SUGGESTIONS YOU SUBMIT TO Miss Grape REGARDING NEW PRODUCTS, FEATURES OR PROCESSES
Miss Grape has the right to retain the material forwarded to it, to make copies of it and to keep it in its archives.
User privacy is extremely important to Miss Grape;
In the context of the Terms and Conditions, the terms listed below will have the following meaning:
Terms and Conditions: these terms and conditions and any further additions and updates to them.
Order: the result of the ordering process as described in Article 4 of the Terms and Conditions.
User: a person who, by typing the address of this Site or following a link, visits the Site and uses it for information purposes or to place an order.
Consumer: the User who accesses the Site and purchases the products sold through it for purposes unrelated to any entrepreneurial or professional activity carried out by them, in accordance with the provisions of Legislative Decree no. 6 September 2005.
206 (“Consumer Code”). Site: A collection of web pages grouped together under the address.
19. APPLICABLE LAW AND JURISDICTION
These Terms and Conditions are governed exclusively by Italian law.
Pursuant to Article 66 bis of the Consumer Code, for disputes involving a consumer, the mandatory territorial jurisdiction lies with the judge of the place of residence or domicile of the consumer. In all other cases, the Court of Rovigo is competent to decide on any dispute that may arise with reference to these General Conditions.
20. ENTIRE AGREEMENT
These Terms and Conditions supersede all other terms previously applied to You.
If any of the Terms and Conditions are declared void, invalid or unenforceable, the other terms and conditions will remain valid and the part declared void and invalid will remain in force within the limits of the law.
Pursuant to articles 1341 and 1342 of the civil code, the User who is not acting as a consumer declares to have read the following clauses and specifically approves them: article 2 "Accuracy of the content"; article 11 “Limitation of liability”; article 19 “Applicable legislation and competent court”.
The last update of the Terms and Conditions was made on 01/11/2022.