Terms and Conditions Grappolo
Terms and conditions of BVBA Gappolo
The consumer has the right to announce to Grappolo that he declines the purchase, without payment of any penalty and without justification, within 14 days of the day after delivery of the product.
Enterprise data of Grappolo.be
Oude Wijnendalestraat 60, B-8820 TORHOUT
Tel: +32 50 22 11 47
Fax: +32 50 21 63 39
Article1: General provisions
The electronic webshop of Grappolo is accessible via www.grappolo.be ( “Webshop”), a bvba with registered place of business in 8820 Torhout, Belgium,Oude Wijnendalestraat 60, VAT BE 0505.777.103 RPR Ostend, ( hereinafter”Grappolo.be “) offers its customers the possibility of purchasing online.
The present Terms and Conditions ("Conditions") are applicable to all goods in Grappolo’s product range and to every online order that the customer places with Grappolo.be via the Webshop of Grappolo.be.
By placing an order in the Webshop Grappolo.be:
I. The customer accepts that these conditions are solely applicable ( as stated in article 13 of these conditions), to the exclusion of his own general or specific (purchase) conditions, even if these stipulate that they are solely applicable. The customer will also expressly and irrevocably renounce any of its own general terms and conditions of purchase.
II. By placing an order which includes any of our articles the customer confirms that he meets the legal minimum age.
All prices listed in the Webshop are always stated including VAT and all other taxes to be paid by the customer. If transport, reservation or administrative costs are charged this will be indicated separately.
The price indication exclusively relates to the goods as literally described in the Webshop of Grappolo.be. The associated photo is intended as illustration and may contain elements and/or goods that are not included in the price.
Article 3: Offer
Each offer in the Webshop of Grappolo.be is only open to customers residing in the European Union. The goods offered in the Webshop of Grappolo.be are intended for wholesale and catering as well as ordinary household use.
The greatest possible care is exercised in compiling the Grappolo.be catalogue,website www.grappolo.be and the Webshop of Grappolo.be ; it is, however, possible that the presented information is incomplete or contains material errors or is not up-to-date.
If a customer has any specific questions about availability, delivery times or delivery methods, we suggest that you first contact our Customer Service (see article 12).
As regards to the accuracy , updated condition or completeness of the presented information, Grappolo.be is bound only by a relation of mediation. Grappolo.be is in no way liable for material errors, typesetting or printing errors.
The offer in the Webshop of Grappolo.be applies only as long as stocks last and may be reviewed or withdrawn at any time by Grappolo.be.
Grappolo has the right, without statement of reason, to refuse orders, to adjust the delivery times, to split consignments or to attach other conditions to the delivery.
Article 4: Online buying and supply
The purchase via the Webshop of Grappolo.be is made at the time the customer receives a confirmation by mail for the goods orderedfrom Grappolo.be and which are still in stock Unless mentioned otherwise the goods are delivered to the customer's home on the date indicated in the confirmed purchase order ( for orders less than 150 EUR (excl. VAT) 10 EUR ( excl. VAT) transport costs will be charged) or may be collected by the customer at Grappolo provided an appointment has been made in advance. However this delivery date is tentative and not binding for Grappolo. A crossing of the delivery periods may not under any circumstance give rise to termination of the contract, price reduction or any form of compensation on the part of Grappolo.
The customer has the choice between the following methods of payment:
by credit card ( VISA, mastercard )
by bank card ( Maestro )
by bank transfer
Article 5: Reservation of ownership
The delivered goods remain the exclusive property of Grappolo.be until the customer has paid in full ( total sum, costs and intrest).
The risk of loss or damage however is transferred to the customer upon delivery. The customer shall, if necessary, inform third parties of reservation of ownership by Grappolo.be, for example any third party intending to seize the non-fully paid goods.
Article 6: Sanctions for non-payment
Without prejudice to the assertion of other rights at the disposal of Grappolo.be, the customer is liable, automatically and without notice , in case of non-payment or late payment from the date of default for payment of an interest of 10% per annum on the outstanding amount. The customer is also, automatically and without notice, liable for payment of a flat-rate compensation of 10% of the concerned amount, with a minimum of 50 euros per invoice.
Without prejudice to the foregoing, Grappolo.be reserves the right to take back the non- (fully) paid goods in accordance with article 5 of these terms and conditions. In addition Grappolo.be has the right to use any debt-claims the customer may have towards Grappolo.be to compensate the customer that Grappolo.be still owes.
Article 7: Complaints
Any visible damage and/or quality-related defect in a good or other shortcoming must be reported in writing to Grappolo.be customer service within 5 calendar days after collection or delivery ( see article 12 of these terms and conditions) ,under penalty of forfeiture of all rights. Hidden defects must be reported within a short period after discovery. Only remedy, excluding any other form of liability, for visible and hidden flaws that were reported in a timely manner and in accordance with this article 7 is the free replacement or repair of the defective article or exchange if the costs for replacement or repair is impossible or disproportionate, this will be for Grappolo to decide.
Article 8: Guarantee
The propvisions of this article 8 only apply to customers purchasing goods at Grappolo.The consumer has legal rights under the law on the protection of consumers in the sale of consumer goods (of 1 September 2004).
- Legal guarantee
The consumer has legal rights under the law on the protection of consumers in the sale of consumer goods (of 1 September 2004). All Grappolo goods which you will find in the Webshop of Grappolo.be are covered by the legal guarantee of 2 years from the date of collection or delivery by the first owner. Any commercial guarantee does not affect these rights.
To invoke the guarantee the customer must be able to produce proof of purchase.
, the customer first should contact the Grappolo Customer Service and then return the item at his own expense to Grappolo.be.
Any defect must be reported within 2 months of detection. Any right to replacement expires after that period. During this period Grappolo commits itself to replace or repair the defective good ( or part of it) free of charge or exchange it if the costs for replacement or repair is impossible or disproportionate
The (commercial and/or legal) guarantee is never applicable to defects resulting from accidents, neglect, falls, abnormal or incorrect use, use of the goods for a purpose other than that for which they were designed, non-compliance with the instructions for use or manual, adaptations or modifications to the goods, rough use or poor maintenance.
Nor does the guarantee apply to goods with a shorter useful life or goods prone to wear and tear. Defects that appear after a period of 6 months after the date of purchase or, as the case may be, of delivery, are considered as not being hidden defects unless the customer is able to prove the contrary.
The guarantee is not transferable.
Article 9: Right of withdrawal
The provisions of this article only apply to customers who in their capacity as consumer within the context of article VI. 45 e.u. (distance selling) of the European Law Code want to purchase goods via the Webshop of Grappolo.be.
The consumer has the right to announce to Grappolo.be that he declines the purchase, without payment of any penalty and without justification, within 14 days of the day after delivery of the product.
Customers wishing to make use of the right of withdrawal should contact the Grappolo.be customer service within 14 days of delivery or collection by post or an e-mail. The customer my use the model form fort his.
During this period the customer must take special care in handling the goods and the packaging.The customer must retun the goods within 20 calendar days after delivery or collection at his own expense to Grappolo.be either personally or by courier -depending on the nature of the article – to following adress: Oude Wijnendalestraat 60,B-8820 TORHOUT, BELGIUM.
Only goods still in the original, undamaged packaging, together with all accessories, instructions for use and invoice or proof of purchase will be accepted as returned. Grappollo.be will then reimburse you with the already paid amount no later than 14 days later.
The right of withdrawal is not applicable in cases explicitely mentioned by law including the following incompleted listing
-Delivery of goods that spoil quickly or perishable items.
-sealed goods that were unsealed after delivery( eg. once a bottle of wine is opened it can no longer be returned) or for goods that are not suitable to be returned for health protection or hygienic reasons.
-upon delivery of alcoholic beverages of which:
1) The price has been agreed upon at the time of the conclusion of the sales contract.
2) delivery can only take place after 30 days.
3) the actual value is dependent on fluctuations on the market in which Grappolo has no influence.
The following will not be accepted by Grappolo.be under any circumstances and will not be reimbursed:
• used, soiled, damaged or incomplete goods.
• goods of which the packaging (or part thereof) has been opened.
• goods tailor-made for the customer.
• goods which cannot be returned on account of their nature.
Article 10: Privacy
Grappolo.be undertakes to use your details exclusively for the execution of the agreement you concluded by placing your order and to send you information about Grappolo without obligation. Please indicate your e-mail address if you also wish to receive information by e-mail.
Grappolo.be treats your data as confidential information and will never disclose, hire or sell it on to third parties. You may consult, correct, change or delete the data we keep in the customer database of Grappolo.be at all times and you may object to Grappolo using your data to send you information. You can simply request this in writing to the following address:Grappolo bvba, Oude Wijnendalestraat 60, B-8820 TORHOUT, Belgium
The Customer agrees and acknowledges that he shall be solely responsible for maintaining secrecy of his log-in information and password related to the Webshop Grappolo.be. Your password is stored in an encrypted form so Grappolo.be has access to it. Grappolo.be strictly respects the Belgian Law of 8 December 1992 regarding the protection of privacy in the processing of personal data. The customer has access via his user profile to the whole of the available data on Grappolo.be for consultation, modification or deletion. Grappolo.be makes use of so-called ‘cookies’. Cookies consist of a standard internet technology which makes it possible for certain information to be saved and made available on the user’s system. Cookies cannot be used to identify people; a cookie can only identify a machine. Every internet user can program his or her computer not to accept cookies. If your computer does not accept cookies, it is possible that you will incur problems when placing an order. If this happens, you should contact Grappolo.be so that we can ensure you are still able to place your order. Cookies,anonymously, allow Grappolo.be to measure the number of visits and hence understand the customer's website experience.
Article 11: Loss of validity - non-renunciation
If any provision of these Conditions is found to be illegal or non-enforceable this shall in no way lessen the validity, legality and applicability of any other provision.
The non-assertion at any time by Grappolo.be of any of the rights set out in these Conditions may not be construed as a surrender of such right or provision and shall not affect the validity of those rights.
Article 12: Grappolo.be Customer Service
The Grappolo.be Customer Service can be reached on telephone number +32 (0) 50221147, by e-mail on firstname.lastname@example.org or by ordinary mail at the Grappolo bvba, Oude Wijnendalestraat 60, B-8820 TORHOUT, Belgium
Article 13: Amendment of Conditions
These conditions are supplemented by the general terms and conditions of Grappolo as mentioned on the website www.grappolo.be and on the back of every invoice. Should there be any conflict then the terms and conditions for purchases via Webshop Grappolo.be will valid.
Grappolo.be may at any time amend these conditions without further notification. Any purchase after amendment includes the customer's acceptance of these new conditions.
Article 14: intellectual property rights
The content of this site, including all texts, comments, illustrations, , images, etc. are protected by intellectual rights and belong to Grappolo.be.
Article 15: Evidence
The customer agrees that electronic communications and back-ups may be used as evidence.
Article 16: Applicable law· Competent court
Belgian law is applicable, exception being made in respect of the provisions of international private law in the matter of applicable law and of the Rome I regulation regarding international sale agreements on purchases of movable goods. The tribunals of West-Flanders, Bruges (Belgium) are sole competent for the settlement of any disputes.