General Terms and Conditions of Sale
General Terms and Conditions of Sale
Article 1: Application of these terms and conditions
These terms and conditions apply to every offer, quotation, agreement, and delivery between you as the buyer and Barolo & Co, a division of Barolo Wijnimport, based in Leeuwarden.
Registered with the Leeuwarden Chamber of Commerce under number: 78691478
Article 2: Ordering
To place an order, the customer must be at least 18 years of age at the time of ordering. By placing an order, the customer declares that they meet this age requirement.
Article 3: Offers
Offers from Barolo & Co are based on the availability of the wines mentioned. No rights can be derived from the offers.
Article 4: Formation of an agreement
The agreement is formed upon confirmation by Barolo & Co of the placed order. If the order has not been confirmed in any other way, the invoice shall serve as the order confirmation.
Article 5: Prices
The prices applied by Barolo & Co are "ex-warehouse" and, unless stated otherwise, include VAT and are subject to typographical errors.
Article 6: Payment
Payment must be made in the currency in which the invoice was issued at the time the order was placed. Payment is made online via iDEAL, Bancontact, G Pay, Apple Pay, or credit card.
Article 7: Delivery
The delivery of an order you have placed costs 7.95 euros per order, regardless of the number of bottles and/or weight.
For a minimum invoice amount of €100.00 including VAT per shipment, delivery is free. The person receiving the wine must be 18 years or older. If there is reasonable doubt at the time of delivery regarding the age requirement, a valid form of identification may be requested. In case of doubt, the supplier is authorized not to deliver the ordered wine(s) and to return them to Barolo & Co. In this case, we will charge an amount of 10.00 euros for damages incurred.
The risk of the wines passes to the buyer at the moment they are delivered.
Delivery of the wines takes place at the delivery address provided by the buyer; this address must be reasonably accessible for the courier service.
Delivery of the product does not extend beyond the threshold of the agreed-upon delivery address;
Barolo & Co strives to provide your order as soon as possible; however, all delivery times mentioned on the website are target times and do not serve as final deadlines; therefore, no rights can be derived from them.
Barolo & Co reserves the right, if necessary, to deliver order(s) in partial shipments.
Article 8: Warranty
The wines to be delivered by Barolo & Co meet the usual requirements and standards that can reasonably be expected at the time of delivery and for which they are intended for normal use in the Netherlands. This warranty is valid for a period of six months after delivery, unless the nature of the delivered goods dictates otherwise or parties have agreed otherwise.
The buyer is obliged to inspect the delivered goods immediately upon the moment the wines are made available to him. In doing so, the buyer must examine whether the quality and/or quantity of the delivered goods corresponds to what has been agreed. Any defects must be reported by the buyer to Barolo & Co via email within 24 hours of discovery. For non-visible defects, a complaint period of 3 days after their discovery applies. The notification must contain a description of the defect that is as detailed as possible, so that Barolo & Co is able to respond adequately. The buyer must give Barolo & Co the opportunity to investigate the complaint itself.
In deviation from the aforementioned, any visible damage to or visible shortage of the wines, caused during transport to the delivery address, must be recorded in writing by or on behalf of the buyer in the presence of the driver of the transport vehicle on the transport document. The buyer must immediately email a copy/photo thereof to Barolo & Co.
If a defect has arisen as a result of unskilled or improper use of the product by the buyer, incorrect storage of the product by the buyer and/or third parties, or if the product has been altered or processed, any claim against Barolo & Co as a result of the detected defect shall lapse.
If the buyer has on-sold the wines, any right to compensation shall lapse.
If Barolo & Co finds a complaint to be well-founded, Barolo & Co will replace the relevant wines free of charge. In extreme cases, it may occur that Barolo & Co cannot supply the same vintage and/or type; in that case, a different vintage and/or type will be delivered.
Return of delivered wines can only take place at the buyer's expense after written permission for the return from Barolo & Co.
If it is established that a complaint is unfounded, the costs incurred as a result, including investigation costs, will be borne by the buyer.
Article 9: Force majeure/unforeseen events and other circumstances
Barolo & Co may postpone the delivery of the wines without being held liable for any damages to the buyer in the event of force majeure, which includes in any case (but is not limited to) road blockades, failure of third parties engaged by Barolo & Co, sudden operational disruptions, sudden excessive illness of staff, non-delivery, late delivery, or improper delivery of raw materials and auxiliary materials, finished products, and packaging materials, government regulations, refusal or failure to obtain import licenses or other necessary government authorizations, obstruction of imports or exports by governments or third parties, fire, extreme weather conditions (such as frost, extreme rainfall, storms), flooding, or otherwise unforeseen events and circumstances that make it impossible for Barolo & Co to execute current orders on time without additional measures or efforts.
In the event that the force majeure situation continues, parties may dissolve the agreement in whole or in part without judicial intervention and without being held to pay any compensation.
Article 10: Liability of Barolo & Co
Barolo & Co is not liable for any consequential damage, including but not limited to business interruption, loss of profit, damage resulting from personal accidents, damage resulting from claims by third parties against the buyer, or any other damage whatsoever. In the case of a consumer purchase, this limitation does not extend beyond what is permitted under Article 7:24 paragraph 2 of the Dutch Civil Code (BW).
The buyer indemnifies Barolo & Co regarding all claims by third parties related to wines delivered to the buyer by Barolo & Co.
If there is damage resulting from a defect in the product as referred to in Articles 6:185 BW et seq., Barolo & Co will provide the buyer with the necessary information of the manufacturer of the product. The buyer is obliged to bring his claim against the manufacturer unless Barolo & Co must be regarded as the manufacturer based on Article 6:187 BW.
Article 11: Right of withdrawal
If the agreement between the buyer and Barolo & Co qualifies as a distance agreement, the buyer has the right to dissolve the distance purchase without giving reasons for fourteen days after receipt of the wine. In order to dissolve the agreement, the buyer must notify Barolo & Co of this within the aforementioned period via the email address barolowijnimport@gmail.com.
The buyer must return the received wines to Barolo Wijnimport, c/o Zenegroen 20, 8935 KK in Leeuwarden, within five working days after dissolution at the latest.
In order to be able to prove as a buyer that the delivered wines have been returned on time - at the latest within five working days after the dissolution - the buyer must ensure that he is in possession of proof of postage.
The return of the delivered wines is entirely at the expense and risk of the buyer. In case of a return, the wines must be returned in the same condition as they were delivered, namely unused and undamaged, in the original and complete packaging and with the original packaging materials, including the original packing slip.
After receipt of the returned product, the purchase amount will be refunded within 30 days to the account number known to Barolo & Co. Should Barolo & Co detect any damage and/or other defects regarding the returned goods, we reserve the right not to proceed with a (full) refund.
Article 12: Protection of personal data
Personal data entered by the customer when placing an order will be recorded in a file. This data will be used for the execution of the customer's order and to provide you with future offers entirely for the own use of Barolo & Co.
Data provided to Barolo & Co for receiving mailings will not be sold or rented to third parties by Barolo & Co. If you wish to be removed from our (email) list, you can indicate this in writing, after which your address will be removed from our file immediately.
Processing of this data will take place in accordance with applicable laws and regulations. (the full privacy statement is located at the bottom of the general terms and conditions of sale)
Article 13: Invalidity, voidability
The invalidity, voidability, or unreasonableness of one or more of the provisions of the agreement(s) between Barolo & Co and the buyer or of these terms and conditions does not lead to the invalidity, voidability, or unreasonableness of the agreement(s) between Barolo & Co and the buyer or these terms and conditions in their entirety.
Article 14: Applicable law and disputes
Unless Barolo & Co chooses to summon the buyer to their place of residence, the court in Leeuwarden has exclusive jurisdiction. These terms and conditions and the agreement(s) to which these terms and conditions apply are governed exclusively by Dutch law, even if an obligation is fulfilled in whole or in part abroad or if the party involved in the legal relationship resides there. The applicability of the Vienna Sales Convention is excluded.
Article 15: Judicial and other costs
All judicial and extrajudicial costs that Barolo & Co must reasonably incur to enforce compliance with these terms and conditions and the agreement(s) referring to these terms and conditions shall be borne by the buyer. The extrajudicial costs are calculated based on what is customary in Dutch debt collection practice at that time, currently the calculation method according to Rapport Voorwerk II. However, if Barolo & Co has incurred higher collection costs that were reasonably necessary, the actual costs incurred shall be eligible for reimbursement. Any judicial and execution costs incurred will also be recovered from the buyer. The buyer is also liable for interest on the collection costs due.
