Oude Wijnendalestraat 60, B-8820 TORHOUT
Tel: +32 50 22 11 47
Fax: +32 50 21 63 39
( hereinafter ”Grappolo “)
Article 1: General provisions
The present Terms and Conditions (“Conditions”) are applicable to all goods in Grappolo’s product range and to every order that the customer places with Grappolo.
By placing an order with Grappolo:
- The customer accepts that these conditions are solely applicable, 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.
- By placing an order which includes any of our articles the customer confirms that he meets the legal minimum age.
Article 2: Price
All prices listed on Grappolo price lists , leaflets etc 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. 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 is open only to customers residing in the European Union. The goods are intended for wholesale and catering as well as ordinary household use.
The greatest possible care is exercised in compiling the Grappolo catalogue ; 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 11).
As regards to the accuracy , updated condition or completeness of the presented information, Grappolo is bound only by a relation of mediation. Grappolo is in no way liable for material errors, typesetting or printing errors.
The offer applies only as long as stocks last and may be reviewed or withdrawn at any time by Grappolo.
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: Purchases and supply
The purchase is made at the time the customer receives a purchase order for the goods from Grappolo. 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
- by bank card ( Maestro )
- In cash ( on collection at Grappolo only )
- by bank transfer
Article 5: Reservation of ownership
The delivered goods remain the exclusive property of Grappolo 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, 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, 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 reserves the right to take back the non- (fully) paid goods in accordance with article 5 of these terms and conditions. In addition Grappolo has the right to use any debt-claims the customer may have towards Grappolo to compensate the customer that Grappolo 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 customer service within 5 calendar days after collection or delivery ( see article 11 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 (for consumers only).
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 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.
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: Privacy
Your personal information will be processed by Grappolo, for customer management based on the contractual relationship resulting from your order/purchase and for direct marketing purposes (/to offer you new products or services) based on our legitimate interest in entrepreneurship. Should you not want your information to be processed in view of direct marketing, please inform us at email@example.com . At this address you can also always inquire which details we process about you and you can improve them or have them deleted or ask that they be transferred. If you do not agree with the way in which your information is processed, please contact the Belgian Privacy Commission (35 Rue de La Presse in 1000 Brussels).
Article 10: 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 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 11: Grappolo Customer Service
The Grappolo 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 12: Amendment of Conditions
Grappolo may at any time amend these conditions without further notification. Any purchase after amendment includes the customer’s acceptance of these new conditions.
Article 13: intellectual property rights
The content of this site, including all texts, comments, illustrations, , images, etc. are protected by intellectual rights and belong to Grappolo.
Article 14: Evidence
The customer agrees that electronic communications and back-ups may be used as evidence.
Article 15: 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.