GENERAL SALES-AGREEMENTS

Article 1: Application of these conditions

These conditions apply to every offer, quotation, agreement and delivery between you as a buyer and Barolo & Co, part of Barolo Wijnimport, located in Leeuwarden.
Registered with the Chamber of Commerce Leeuwarden under number: 34299216
Article 2: Ordering
To place an order, the customer must be at least 18 years old at the time of ordering. By placing an order, the customer declares that he meets this age limit.
Article 3: Offers
Barolo & Co offers are subject to availability of the wines mentioned. No further rights can be derived from the offers.
Article 4: Conclusion of an agreement
The agreement is concluded after confirmation by Barolo & Co of the placed order. If the order has not been confirmed in any other way, the invoice serves as order confirmation.
Article 5: Prices
The prices charged 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 invoiced at the time of placing the order. Payment is made online via ideal or credit card.
Article 7: Delivery
The delivery of an order you place amounts to 9.00 euros per order, regardless of the number of bottles and/or weight.
Delivery is free with a minimum invoice amount of €200.00 including VAT per shipment. The person receiving the wine must be 18 years or older. If there is reasonable doubt about the age requirement upon delivery, you may be asked for a valid ID. In case of doubt, the supplier is permitted not to deliver the ordered wine(s) and to return it to Barolo & Co. In this case we will charge an amount of 10.00 euros for damage suffered.
The risk of the wines passes at the time they are delivered to the buyer.
The wines will be delivered to the delivery address indicated by the buyer; this address must be reasonably accessible to the parcel service.
Delivery of the product does not exceed the threshold of the agreed delivery address;
Barolo & Co strives to provide you with your order as soon as possible, but all delivery times stated on the website are target times and do not apply as a deadline, so no rights can be derived from them.
Barolo & Co reserves the right, if necessary, to cancel order(s)
to be delivered in partial batches.
Article 8: Warranty
The wines to be delivered by Barolo & Co meet the usual requirements and standards that can reasonably be imposed at the time of delivery and for which they are intended for normal use in the Netherlands. This warranty applies for a period of six months after delivery, unless the nature of the delivered goods dictates otherwise or the parties have agreed otherwise.
The buyer is obliged to inspect the delivered goods immediately when the wines are made available to him. The buyer must investigate whether the quality and/or quantity of the delivered goods corresponds to what was agreed. Any defects must be reported by the buyer to Barolo & Co by email within 24 hours of discovery. For invisible defects, a complaint period of 31 days after discovery applies. The report must contain as detailed a description of the defect as possible, so that Barolo & Co is able to respond adequately. The buyer must give Barolo & Co the opportunity to investigate the complaint itself.
Notwithstanding the aforementioned, upon delivery any visible damage to or visible loss of the wines arising during transport to the delivery address must be noted in writing on the transport document in the presence of the driver of the means of transport by or on behalf of the buyer. The buyer must immediately email a copy/photo to Barolo & Co.
If a defect has arisen as a result of improper or improper use of the product by the buyer, incorrect storage of the product by the buyer and/or by third parties or if the product has been processed or modified, any claim against Barolo & Co will lapse if as a result of the identified defect.
If the buyer has redelivered the wines, any right to compensation lapses.
If Barolo & Co considers a complaint to be justified, Barolo & Co will replace the wines in question free of charge. In extreme cases, Barolo & Co may not be able to supply the same vintage and/or type, in which case a different vintage and/or type will be supplied.
Delivered wines can only be returned at the buyer's expense after written permission for 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 obliged to pay any compensation to the buyer in the event of force majeure, which in any case (but not exclusively) means (road) blockages, shortcomings of third parties engaged by Barolo & Co, sudden business disruptions, sudden excessive illness of personnel, non-delivery, late or inadequate delivery of raw materials and consumables, end products and packaging materials, government regulations, refusal or absence of an import permit or other necessary government permission, difficulty in imports or exports by governments or third parties, fire, extreme weather conditions (such as frost, extreme rainfall, storm), flood or other unforeseen events and circumstances make it impossible for Barolo & Co to execute current orders on time without additional facilities or efforts.
If the force majeure situation continues, the parties may terminate the agreement in whole or in part without court intervention and without being obliged 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 damage, 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 consumer purchases, this limitation does not extend further than is permitted under Article 7:24 paragraph 2 of the Dutch Civil Code.
The buyer indemnifies Barolo & Co against all claims from third parties related to wines delivered by Barolo & Co to the buyer.
If there is damage as a result of a defect in the product as referred to in Articles 6:185 et seq. of the Dutch Civil Code, Barolo & Co will provide the buyer with the necessary information from the manufacturer of the product. The buyer is obliged to submit his claim to the producer unless Barolo & Co must be regarded as the producer on the basis of Article 6:187 of the Dutch Civil Code.
Article 11: Right of withdrawal
If the agreement between the buyer and Barolo & Co can be regarded as a distance contract, the buyer has the right to cancel the distance purchase without giving reasons for a period of fourteen days after receipt of the wine. In order to terminate the agreement, the buyer must notify Barolo & Co within the aforementioned period via the e-mail address barolowijnimport@gmail.com.
The buyer must return the received wines to Camminghastraat 81, 89321 PG in Leeuwarden within five working days after termination.
In order for the buyer to be able to prove that the delivered wines have been returned on time - no later than five working days after the cancellation - the buyer must ensure that he is in possession of proof of delivery by post.
Returning the delivered wines is entirely at the expense and risk of the buyer. In the event of 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 packaging materials, including the original packing slip.
After receiving the product you have returned, the purchase amount will be refunded within 30 days to the account number known to Barolo & Co. If Barolo & Co discovers damage and/or other imperfections with regard to the returned item, we reserve the right not to issue a (full) refund.
Article 12: Protection of personal data
Personal information entered by the customer when placing an order will be included 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 Barolo & Co's own use.
The information provided to Barolo & Co for receipt of mailings will not be sold or rented by Barolo & Co to third parties. If you wish to be removed from our (email) file, 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 can be found at the bottom of the general terms and conditions of sale)
Article 13: Nullity, voidability
The nullity, voidability or unreasonably burdensomeness of one or more of the provisions of the agreement(s) between Barolo & Co and the buyer or of these conditions does not lead to the nullity, voidability or unreasonably burdensomeness of the agreement(s) between Barolo & Co and buyer or these conditions in their entirety.
Article 14: Applicable law and disputes
Unless Barolo & Co chooses to summon the buyer to his place of residence, only the court in Leeuwarden has jurisdiction. These terms and conditions and the agreement(s) to which these terms and conditions apply are exclusively governed by Dutch law, even if an obligation is fully or partially performed abroad or if the party involved in the legal relationship is domiciled there. . The applicability of the Vienna Sales Convention is excluded.
Article 15: Legal and other costs
All judicial and extrajudicial costs that Barolo & Co must reasonably incur to enforce compliance with these conditions and the agreement(s) in which these conditions are referred to will be borne by the buyer. The extrajudicial costs are calculated on the basis of 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 are eligible for reimbursement. Any legal and enforcement costs incurred will also be recovered from the buyer. The buyer also owes interest on the collection costs owed.