1.Subject of sale: The products sold by The Tasty Grape di Zavaglia Federica, with head office in Via Cacciatori delle Alpi 6, Bra 12042 (CN) P.IVA 03794170047 are alcoholic and non-alcoholic beverages, food and wellness products.
The sale is reserved to Italy and foreign countries. Terms and conditions for the product purchase are included in the present sale general conditions, who the buyer expressly accepts and unconditionally, once sent the own purchase order to The Tasty Grape.
2. Practical area: The following sale general conditions are applied to all the purchases agreements perfected between The Tasty Grape and the subjects resident in Italy or in a foreign country. The relevant legislation for the interpretation of these sale general conditions, of agreements based on them, and for any controversy should arise, is the Italian legislation, with the application of the Italian jurisdiction. The Tasty Grape does not assume any responsibility for the sale of products and/or services from different subject from The Tasty Grape, which are present on the website www.thetastygrape.it through link, banner or other links. The Tasty Grape is not responsible both for the contents of such websites and both for the possible mistakes and /or law violation caused by them.
3. Website registration, privacy and customer definition:
The sales of alcoholic products is only destinated to people having more than 18 years olds In Italy or in their foreign countries according to the existing legislation in the country of residence. People , who subscribe the website, are responsible for the truth of data entered.
4. Unilateral modifications: The Tasty Grape can modify in any moment, subject to communications to the customer before the contract perfection, the present sale general conditions. The Tasty Grape reserves the right to modify, suspend or to cease the products sale, in any moment and at its discretion, and declines every responsibility, in any capacity, for the modifications, the suspension or the end of that sale.
5. Prices: Prices are Vat included, but the shipping cost is in addition, which cost varies on delivery methods and destination. The Tasty Grape reserves the right to vary the products prices and the shipping costs in any moment. In case of variation, new prices will be applied from the moment of the list publication. For orders processed before the variation, will be applied the prices preceding the variation.
6.Order confirmation: The products images, where present, correspond generically with the aspect of the same, and they have only the aim to show them, without any warranty or implicit or explicit task, from The Tasty Grape, about the exact correspondence of the illustrate image on the catalogue with the real product, above all with regard to its dimensions and/or to the chromatic colour. The placed orders from the buyer complete a contract application and it establishes a specific acceptance of the present sale general conditions, as well as the application of them in the contractual relationship established between the Parties.
The Tasty Grape has the right to accept or not, the received orders without the possibility, in case of non-acceptance, that the buyer can claim rights or pretension towards The Tasty Grape, without any licence.
The purchase agreement will be intended as concluded, and the relative order processed, at the moment of acceptance of the order from The Tasty Grape, sent by electronic means.
7. Availability, shipments and deliveries:
Shipping costs can vary according to the country of destination, in every case the payment must be done online.
ITALY: To the Customer, which destination of shipping is Italy, will be charged both of the product cost and both of the shipping cost, at the moment of payment. Once received the payment, The Tasty Grape will provide to ship the goods.
FOREIGN COUNTRIES: On the contrary the Customer, which shipping destination is a foreign country, will pay to The Tasty Grape, only the cost of the products and according to the European Directive 2006/112/CE and the Italian Law 80/2005, The Tasty Grape doesn’t ship directly or through courier wine and/or other alcoholic beverages.
In case of foreign shipping destination, The Tasty Grape will deliver the goods only to Italy, to a Courier office indicated to the Customer.
For this purpose with the Purchase Order the Customer, which shipping destination is a foreign country:
7.1 The delivery of the ordered products will take place to the address indicated during ordering, from the buyer. Delivery time of the products ordered can vary from what indicated on the website and on the order confirmation and The Tasty Grape does not guarantee the full respect of delivery time indicated on the order and The tasty Grape will not be responsible for possible delays. No responsibilities, in any capacity, could be attributed to The Tasty Grape, for any delay about the order execution or delivery of the products, subject of the purchase agreement.
The buyer works hard to verify, once received the products, the correspondence of what received to what ordered, and the possible presence of defects or faults.
For every perfected purchase agreement, The Tasty Grape will emit the relative accounting document, provided or by law in relation to the purchased products. Such documents will be sent to the buyer through e-mail or available on the specific area on the website.
To deliver correctly the ordered products, is requested the buyer presence or of a representative. In case none is reachable at the moment and on the place of delivery of the purchased products, the courier will leave a notice of a second delivery on the next working day and a telephone number to arrange a different date.
The delivery execution will be suspended at the courier branch office and if the delivery will not be possible, after 15 days the products will return at The Tasty Grape head office and relative purchase agreement will be considered automatically expired ex art. 1456 c.c., except The Tasty Grape’s right to obtain compensation for any further damage received.
7.2 In the case of force majeure, unavailability of means of transport, unpredictable events, The Tasty Grape reserves the right to terminate a purchase agreement or to divide, postpone or to delete, in full or in part, the planned delivery, in case of such events cause delivery delays or make them difficult or impossible and/or cause a significant increase of the cost charged to The Tasty Grape.
In such hypothesis, The Tasty Grape will have the task to furnish promptly communications of its own resolution to the buyer through e-mail. The buyer, only and exclusively in case of point 7.1, reserves the right to obtain the return of the price eventually paid, with the exclusion of any further pretension or compensation, in any capacity, from The Tasty Grape.
8. Invoicing: Invoices will be sent, after product shipping, to the buyer through e-mail or available on the specific area on the website.
9. Payment methods: The buyer will pay the ordered products through Paypal or bank transfer.
10. Right of withdraw: The Tasty Grape reserves the right to withdraw from any concluded purchase agreement, giving written communication to the buyer through registered post with acknowledgement of receipt, as well as the right to not accept order from buyer who did not pay other previous orders, who did not accept the delivery of the purchased products, or who are suspected of behaviours against the Law.
Under the Law 64 and following of the Consumption Code, the buyer qualifiable as Consumer (subjects who do not use the purchased products from The Tasty Grape as part of his own employment, commercial or professional) has the right of withdraw from the purchase without any penalty o without specifying the reason.
For this purpose the Consumer must send related communication through registered post with acknowledgement of receipt, which must be shipping within the time limit of 10 working days from the receipt of the ordered products.
The restitution of the products subjects of the withdraw, which must be in perfect conservation status and in its original package, must be effected compulsorily within 10 days from the receipt of the products, by and at the cost of the Consumer, through a courier chosen by the Consumer, to the following address: The Tasty Grape di Zavaglia Federica, Via Cacciatori delle Alpi 6 12042, Bra (CN).
With the purpose of the valuable practise of the right of withdraw, the Consumer must respect all the following conditions and modality:
10.1 The withdraw could be applied also partially to a single product subject of a unique purchase agreement, although the Consumer could not exercise the withdraw limited to a part of a single purchased product;
10.2 All the products, for which the Consumer exercises the right of withdraw must be intact, no less than the original package, complete in all its parties, including packaging material and seals potentially applied;
10.3 In case the product, for which the Consumer exercised the right of withdraw, arrives damaged to The Tasty Grape, The Tasty Grape will not be obliged to refund the prices paid from the Consumer, but only to give exclusively communication to the Consumer with the aim to allow him, where possible, to exercise the right of redress towards the appointed courier of the products restitution;
10.4 The Tasty Grape will not answer in any case of damages, robberies or loss of the products, subject of return, until the happen re-delivery of the products to The Tasty Grape. Every risk will be, therefore, charged exclusively to the Consumer.
10.5 Once verified the integrity of the return products, The Tasty Grape will proceed to refund the Consumer the amount paid for the products subject of withdraw, no later than 30 days from the receipt of the products. The refund will take place using the relative dates of the credit card furnished from the Consumer during the
Order formulation, or through bank transfer to the coordinates indicated from the Consumer.
10.6 If the Consumer violates, in whole or in part, the provisions related to the right of withdraw from the present general conditions, the purchase agreement will valid and effective and The Tasty Grape will provide to give back the products, illegitimately return, to the Consumer, charging to him the relative shipping costs.
10.7 The right of withdraw is not possible, in every case, for personalised products (party favours) tailor- made upon Customer request.
11.Guarantee for defects: In case the products present possible faults, defects or deformities, the Consumer
at the moment of the receipt must denounce it within 8 days from the receipts of goods, under penalty of decadence, to The Tasty Grape the found defect. The Tasty Grape will perform any effort to substitute, at its cost and within a congruent time limit, the defective product. When not possible, or if it results excessively onerous for The Tasty Grape, the Consumer reserves the right to terminate a contract and, consequently, to obtain the reversal of the amount paid for the purchase or for the product shipping, excluding any further The Tasty Grape’s responsibility, in any capacity or for any reason.
12. Intellectual property rights: The buyers declare and recognise that all the brands, illustrations, models, distinctive feature, intellectual works, software and database, it means every other intellectual or industrial property right reproduced on The Tasty Grape website in any way and/or shape, including the brand The Tasty Grape, are an exclusive ownership of The Tasty Grape.
The Tasty Grape does not answer, however, of the Intellectual Property Right relative to the products on sale, which owners are expressly indicated. Any use of the Intellectual Property Rights in any way and/or shape, in whole and/or in part is forbidden without anticipated written authorization from The Tasty Grape or from its licensee.
The contents and products on sale reproduction is forbidden.
13. Controversies: All the rising controversies, related or linked to the present agreement should be submitted to a mediation process, to be completed at a specific Organization, recognised between the Parties. The headquarter of this selected Organization from The Tasty Grape will be in Turin, and in its headquarter will be developed the mediation. In the mediation process will be applied the regulations of the chosen Organization.
In case both Parties of the agreement register mediation requests for rising controversies, related or linked to the present agreement, it will be cultivated only the mediation process with the request registered to the Organization, in a previous date.
In case the mediation attempt has not a positive result, for the successive judgement only the Tribunal of Turin will be competent, with the exclusion of all the other optional tribunals.
14. Restrictive clauses: In accordance and to the effects of Articles 1341 and 1342 c.c. the Buyer declares to have seen, understood and accepted purposely the following clauses: 2. Practical area; 4. Unilateral modifications; 5. Prices; 6. Order confirmation; 7. Availability, shipments and deliveries; 9. Payment methods; 10. Right of withdraw; 11. Guarantee for defects; 13. Controversies