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GENERAL CONDITIONS OF SALE
Company name: The Grapeist SARL-s
Headquarters: 134, Route de Thionville 2610 LUXEMBOURG
Registration number: B243154
TheGrapeist.com is an e-commerce for the distribution of wines and other alcoholic beverages and products, owned by The Grapeist S.a.r.l..
The following conditions of sale govern the sale of all products marketed by THE GRAPEIST S.A.R.L. through the website www.the grapeist.com, in compliance with the law and EC directives related to electronic commerce and consumer protection.
Any changes or new conditions of sale, which The Grapeist reserves the right to make at any time, will be effective from the moment of publication on the www.thegrapeist.com website and will be applied only to sales concluded after their publication on that website.
The sale of all the goods and products on the www.thegrapeist.com site is dedicated only to users over the age of 18 or who have reached 18 years at the time of the purchase.
Acceptance and specific approval of these conditions, which in accordance with current legislation can be stored and archived by the user, is essential for a correct purchase procedure. The user guarantees that the personal information provided is complete and true and cannot be transferred to third parties for any reason. The user releases The Grapeist s.a.r.l. from liability from any compensation and/or sanction deriving from and/or in any way connected to the violation of the rules on Site registration. The user agrees to receive, to the e-mail address provided at registration, all the communications related to the completion of the purchase and sent by e-mail. If the user no longer intends to receive informative e-mail from The Grapeist, he/she will receive the deactivation of the service.
2. Information directed to the conclusion of the contract
The user is informed that for the purpose of concluding the purchase contract for one or more products on the Site, the user must fill out an order form in electronic format and transmit it electronically, following the instructions indicated in the purchase section of the site. The correct receipt of the order will be confirmed by thegrapeist.com by sending a confirmation e-mail to the e-mail address indicated by the user during the purchase phase.
The contract is considered concluded when thegrapeist.com has registered the order received, after verifying the correctness of the order and payment data; before sending the order, the user can identify and correct any data entry errors by following the instructions indicated in the various stages of the purchase; once the order form has been registered and the confirmation of the authorization for the payment of the total amount has been received, the user will receive from thegrapeist.com – by e-mail to the email address indicated – the order confirmation and the relative payment receipt, the information related to the product purchased, detailed indication of the price, any taxes, the means of payment used, shipping costs and any additional costs. It is recommended to keep and print the e-mail received as proof of purchase; the order form will be filed by The Grapeist only for the time necessary to process the order and, in any case, in accordance with the law.
3. Product availability and prices
Sale offers are limited to the available quantities.
All prices of the products on sale on the Site are expressed in Euros (€) and are inclusive of Value Added Tax ("VAT") at the current rate at the time of the order and do not include any taxes, customs duties and other taxes applied in the country of destination of the goods, if different from the country of purchase, which remain the responsibility of the Customer, which also bears the burden of verifying their existence. Shipping costs and any other additional costs, including VAT, where due, and expressed in Euros (€), will be indicated separately in the order form before concluding the purchase and will still be indicated in the confirmation order e-mail. The price of the products can be changed without notice, being understood that the price charged to the user will be the one published when the order was sent.
4. Purchase orders and product availability
The order will be processed by thegrapeist.com only after receiving confirmation of the authorization to the payment for the total amount due by the customer, consisting of the purchase price and any incidental costs, as specified in the order form. In the event that the ordered product is no longer available after the transmission of the purchase order, the customer will be promptly informed by a communication sent to the e-mail address indicated in the registration phase and the purchase order will be canceled. If the payment has already been made, the total amount paid by the user will be refunded immediately, and in any case within thirty (30) days from the day of the order, by crediting with the same mean of payment used by the user for the purchase. Any delays in crediting may depend on the banking institution, the type of credit card or the payment solution used and are in no way attributable to thegrapeist.com.
Thegrapeist.com, in order to preserve the organoleptic characteristics and in consideration of the absence / limited presence of chemical products and preservatives in its products, reserves the right, upon specific notification on the Site and in the purchase phase, to limit or suspend shipments in certain periods of the year or to change the normal shipping and packaging procedure, if the shipment is still requested by the Customer even during the suspension of shipments ordered by thegrapeist.com.
5. Delivery of the purchased products and verification of the status of the goods upon delivery
The delivery times of each product will be indicated during the purchase procedure and will, in any case, take place within thirty days from the day following the sending of the order. The delivery of the purchased products can only take place at the postal address specified by the user in the order form, by shipping with primary express courier with advance payment from thegrapeist.com. Delivery to the floor is not planned.
In the event that the package, at the time of delivery by the carrier, shows obvious signs of tampering or alteration, or one of the packages is missing, the user is required to put a reserve on the transport document, indicating that he/she accepts the shipment "pending check of the content conditions" or that "signals the lack of n. packages". If the shipment is fully or partially severely damaged, for example with leaking liquid, the user is required to refuse the delivery of those packages, indicating the reason in the note to be added to the transport document and giving in any case immediate communication to The Grapeist of the incident, indicating the references of the order and shipment. In such cases, The Grapeist s.a.r.l. at its own expense, will forward a new shipment, making the carrier responsible.
6. Right of withdrawal
The consumer user has the right to withdraw from the contract, without any penalty and without the burden of specifying the reason, within 14 working days from the date of receipt of the goods.
The right of withdrawal is exercised by sending a communication by e-mail to the Customer Service of thegrapeist.com at firstname.lastname@example.org, with indication of the number and date of the order, the code of each article for the which one intends to exercise the right of withdrawal and its bank details (IBAN).
The goods must be returned intact, in unaltered conditions and complete with the original packaging, within 15 days from the date of receipt of the confirmation e-mail from The Grapeist with which authorization is given to return the goods, at the expense of the customer, to The Grapeist SARL, 134, Route de Thionville, 2610 Luxembourg.
The Grapeist will re-credit the amounts paid (excluding shipping costs) within a maximum of 30 days from the date on which it became aware of the exercise of the right of withdrawal by the Customer and in any case not before having received the return shipment and having checked the status of the goods subject to withdrawal.
The substantial integrity of the goods to be returned is an essential condition for exercising the right of withdrawal.
The costs and risks associated with returning the products will be borne by the buyer. It should be noted that the EU legislation provides that the right of withdrawal can be exercised only by natural persons (consumers) who act for purposes that can be considered unrelated to their commercial activity. The right of withdrawal, therefore, cannot be exercised by legal persons and natural persons who act for purposes related to a commercial activity. Purchases made by resellers or by persons who for any reason purchase for resale to third parties are also excluded from the right of withdrawal.
Thegrapeist.com guarantees the quality of its products and their compliance with the data sheets published on the site, but these are natural products and customer satisfaction is first for us.
It is important to clarify that if still wines have slight reflections, it is to be considered a characteristic of the product given the limited presence, if not the total absence of added sulfur dioxide (SO2) in the wines of thegrapeist.com.
We specify that the so-called "natural" wines provide very low impact cellar practices and that any reduction notes should be considered characteristic of the product. A good oxygenation of the wine will release all or part of the reductive notes.
In the event that the goods prove to be defective for other reasons, the Customer can then return the goods to The Grapeist SARL, 134, Route de Thionville, 2610 Luxembourg, within ten days of delivery, baring shipping and packaging costs, and indicating the reason for the return. Thegrapeist.com will promptly replace the defective goods after checking the defect found, or refund the amount paid, if the goods are no longer available at the time of return.
8. Forum and applicable law
The general contract conditions are subject to the law of the country of purchase and each sales contract is subject to the jurisdiction of the country of purchase. For any controversy relating to the general conditions or to individual sales contracts, the Court of Milan or Luxembourg will have exclusive jurisdiction, without prejudice to the applicability of the mandatory provisions of the law in favor of the consumer user.
The Grapeist SARL-s - 134, Route de Thionville, 2610 Luxembourg
Owner contact email: email@example.com
Types of data collected
Among the Personal Data collected by this Application, independently or through third parties, there are: email; first name; surname; VAT number; address; Tax identification; Cookie; Usage data; geographic location.
Personal Data may be freely provided by the User or, in the case of Usage Data, collected automatically during the use of this Application.
Unless otherwise specified, all the Data requested by this Application are mandatory. If the User refuses to communicate them, it may be impossible for this Application to provide the Service. In cases where this Application indicates some Data as optional, Users are free to refrain from communicating such Data, without this having any consequence on the availability of the Service or on its operation.
Users who have doubts about which data are mandatory are encouraged to contact the owner.
The User assumes responsibility for the Personal Data of third parties obtained, published or shared through this Application and guarantees that he has the right to communicate or disseminate them, freeing the Owner from any liability to third parties.
Method and place of processing the collected data
Method of treatment
The Data Controller adopts the appropriate security measures to prevent unauthorized access, disclosure, modification or destruction of Personal Data.
The treatment is carried out using IT and / or telematic tools, with organizational methods and with logic strictly related to the purposes indicated. In addition to the Owner, in some cases, other subjects involved in the organization of this Application (administrative, commercial, marketing, legal, system administrators) or external subjects (such as third party technical service providers, postal couriers, may have access to the Data, hosting provider, IT companies, communication agencies) can also be appointed as Data Processors by the Owner. The updated list of Data Processors can always be requested from the Data Controller.
Legal basis of the treatment
The Data Controller processes User Personal Data if one of the following conditions exists:
• the User has given consent for one or more specific purposes; Note: in some systems, the Data Controller may be authorized to process Personal Data without the User's consent or another of the legal bases specified below, as long as the User does not object ("opt-out") to such treatment. However, this is not applicable if the processing of Personal Data is regulated by European legislation on the protection of Personal Data;
• processing is necessary for the execution of a contract with the User and / or for the execution of pre-contractual measures;
• processing is necessary to fulfill a legal obligation to which the Data Controller is subject;
• processing is necessary for the performance of a public interest task or for the exercise of public powers which the Data Controller is invested with;
• the processing is necessary for the pursuit of the legitimate interest of the owner or third parties.
However, it is always possible to request the Data Controller to clarify the concrete legal basis of each treatment and in particular to specify whether the treatment is based on the law, provided for by a contract or necessary to conclude a contract.
The Data is processed at the Data Controller's operating offices and in any other place where the parties involved in the processing are located. For more information, contact the owner. The User's Personal Data may be transferred to a country other than the one in which the User is located.
The User has the right to obtain information regarding the legal basis for the transfer of Data outside the European Union or to an international organization or consisting of two or more countries, such as the UN, as well as regarding the security measures taken by the Data Controller to protect the Data.
Data is processed and stored for the time required by the purposes for which it was collected.
• Personal Data collected for purposes related to the execution of a contract between the Owner and the User will be retained until the execution of the contract.
• Personal Data collected for purposes attributable to the legitimate interest of the Owner will be retained until this interest is satisfied. The User can obtain further information regarding the legitimate interest pursued by the Data Controller in the relevant sections of this document or by contacting the Data Controller.
When the treatment is based on the User's consent, the Data Controller can keep Personal Data longer until such consent is revoked. In addition, the Data Controller may be obliged to keep Personal Data for a longer period in compliance with a legal obligation or by order of an authority.
At the end of the retention period, Personal Data will be deleted. Therefore, at the end of this term, the right of access, cancellation, rectification and the right to data portability can no longer be exercised.
Purpose of the processing of the collected data
User data is collected to allow the owner to provide the service, fulfill legal obligations, respond to requests or executive actions, protect their rights and interests (or those of users or third parties), identify any malicious activities or fraudulent, as well as for the following purposes: Contacting the User, Payment management, Tag management, Interaction with external social networks and platforms, Location-based interactions, Infrastructure monitoring, SPAM protection, Remarketing and behavioral targeting, Services of platform and hosting, Statistics and Display of content from external platforms.
To obtain detailed information on the purposes of the processing and on the processed Personal Data, the User can refer to the "Detailed information on the processing of Personal Data" section.
Details on the processing of personal data
Personal data are collected for the following purposes and using the following services:
Contact the user
Mailing list or newsletter (this Application)
By registering with the mailing list or the newsletter, the User's email address is automatically inserted in a list of contacts to which email messages containing commercial and/or promotional information may be sent. The User's email address may also be added to this list as a result of the registration with this Application or after making a purchase.
Personal Data processed: email.
Contact form (this Application)
By filling in the contact form with Data, the User consents to its use to respond to requests for information, quotes, or any other kind indicated by the form header.
Personal Data processed: Tax Code; surname; address; first name; VAT number.
The payment management services allow this Application to process payments by credit card, bank transfer or other instruments. The data used for payment are acquired directly by the payment service manager requested without being processed in any way by this Application.
Some of these services may also allow the programmed send of messages to the User, such as emails containing invoices or notifications regarding payment.
PayPal is a payment service provided by PayPal Inc., which allows the User to make payments online.
Interaction with external social networks and platforms
This type of service allows interaction with social networks, or with other external platforms, directly from the pages of this Application.
The interactions and information acquired by this Application are in any case subject to the User's privacy settings relating to each social network.
This type of service could still collect traffic data for the pages where the service is installed, even when users do not use it.
It is recommended to disconnect from the respective services to make sure that the data processed on this Application is not connected to the User's profile.
• Platform and hosting services
These services are intended to host and operate key components of this Application, making it possible to deliver this Application from a single platform. These platforms provide the Owner with a wide range of tools such as, for example, analytical tools, to manage user registration, comments and the database, for e-commerce, for processing payments etc. The use of these tools involves the collection and processing of Personal Data. Some of these services work through servers located geographically in different places, making it difficult to determine the exact place where Personal Data is stored.
Strikingly (Strikingly, Inc.)
Strikingly is a platform provided by Strikingly, Inc. which allows the Owner to develop, operate and host a website dedicated to e-commerce.
Interazione con social network e piattaforme esterne
The services contained in this section allow the Data Controller to monitor and analyze traffic data and are used to keep track of User behavior.
Google Analytics (Google Inc.)
Google Analytics is a web analysis service provided by Google Inc. ("Google"). Google uses the Personal Data collected for the purpose of tracking and examining the use of this Application, compiling reports and sharing them with other services developed by Google.
Google could use Personal Data to contextualize and personalize the advertisements of its advertising network.
Personal Data processed: Cookies; Usage data.
Details on the right to object
When Personal Data are processed in the public interest, in the exercise of public powers with which the Data Controller is invested or to pursue a legitimate interest of the Data Controller, Users have the right to oppose the processing for reasons related to their particular situation.
Users are reminded that, if their data were processed for direct marketing purposes, they can oppose the processing without giving any reasons. To find out if the Data Controller processes data for direct marketing purposes, Users can refer to the respective sections of this document.
How to exercise your rights
To exercise the rights of the User, Users can direct a request to the contact details of the Owner indicated in this document. Requests are filed free of charge and processed by the Data Controller as soon as possible, in any case within a month.
Learn more about the treatment
Defense in court
The User's Personal Data can be used by the Owner in court or in the preparatory stages for its possible establishment for the defense against abuse in the use of this Application or related Services by the User.
The User declares to be aware that the Data Controller may be obliged to disclose the Data by order of the public authorities.
System log and maintenance
For needs related to operation and maintenance, this Application and any third party services it uses may collect system logs, i.e. files that record the interactions and which may also contain Personal Data, such as the User IP address.
Information not contained in this policy
Further information in relation to the processing of Personal Data may be requested at any time to the Data Controller using the contact details.
If the changes affect treatments whose legal basis is consent, the Data Controller will collect the User's consent again, if necessary.
Definitions and legal references
Personal Data (or Data)
It constitutes personal data any information which, directly or indirectly, also in connection with any other information, including a personal identification number, makes a natural person identified or identifiable.
This is the information collected automatically through this Application (also from third party applications integrated into this Application), including: IP addresses or domain names of the computers used by the User who connects with this Application, addresses in URI notation ( Uniform Resource Identifier), the time of the request, the method used to forward the request to the server, the size of the file obtained in response, the numeric code indicating the status of the response from the server (successful, error, etc.), country of origin, the characteristics of the browser and operating system used by the visitor, the various temporal connotations of the visit (for example the time spent on each page) and the details of the itinerary followed within the Application, with particular reference the sequence of pages consulted, the parameters relating to the operating system and the IT environment of the user.
The individual who uses this Application who, unless otherwise specified, coincides with the interested party.
The natural person to whom the Personal Data refers.
Data Processor (or Responsible)
Data Controller (or Owner)
The natural or legal person, public authority, service or other body which, individually or together with others, determines the purposes and means of the processing of personal data and the tools adopted, including the security measures relating to the operation and use of this Application. The Data Controller, unless otherwise specified, is the owner of this Application.
The hardware or software tool through which Users' Personal Data is collected and processed.
The service provided by this application as defined in the relative terms (if any) on this site / application.
European Union (or EU)
Unless otherwise specified, any reference to the European Union contained in this document is intended to be extended to all current member states of the European Union and the European Economic Area.
Small portion of data stored within the User's device.