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Terms of service

General Terms and Conditions of Sale

Article 1: Applicability of these conditions
These conditions apply to every offer, quotation, agreement, and delivery between you as the buyer and Barolo & Co, part of Barolo Wine Import, based in Leeuwarden, The Netherlands.
Registered with the Chamber of Commerce Leeuwarden, The Netherlands under number: 78691478

Article 2: Ordering
To place an order, the customer must be at legal age in the country he/she 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 valid based on the availability of the specified wines. No rights can be derived from the offers.

Article 4: Formation of an agreement
The agreement is concluded after confirmation by Barolo & Co of the placed order. If the order is not confirmed in another manner, the invoice serves as the order confirmation.

Article 5: Prices
The prices used by Barolo & Co are "ex-warehouse" and, unless otherwise stated, include VAT and are subject to typographical errors.

Article 6: Payment
Payment must be made in the currency in which the invoice is issued at the time of placing the order. Payment is made online via iDEAL, Bancontact, G Pay, Apple Pay, or credit card.

Article 7: Delivery
The delivery cost for your order is stated at the final page of the order. The person receiving the wine must be of legal age or older. If there is reasonable doubt about the age requirement at delivery, a valid ID 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, a fee of €100.00 will be charged for incurred damages.
The risk of the wines passes to the buyer at the moment they are delivered to the buyer.
The delivery of the wines takes place at the delivery address specified by the buyer, which must be reasonably accessible for the parcel service. Delivery of the product does not go beyond the threshold of the agreed delivery address.
Barolo & Co aims to provide your order as soon as possible, but all delivery times stated on the website are target times and do not constitute a strict deadline; therefore, no rights can be derived from them.
Barolo & Co reserves the right to deliver orders in partial shipments if necessary.

Article 8: Warranty
The wines delivered by Barolo & Co meet the usual requirements and standards that can be reasonably set for them at the time of delivery and are intended for normal use in the Netherlands. This warranty is valid for a period of six months after delivery, unless otherwise derived from the nature of the delivered goods or agreed by the parties.
The buyer is obliged to inspect the delivered goods immediately upon receiving them. The buyer must check whether the quality and/or quantity of the delivered goods correspond to what was agreed. Any defects must be reported by the buyer within 24 hours of discovery via email to Barolo & Co. For non-visible defects, a complaint period of 3 days after discovery applies. The report must contain a detailed description of the defect to allow Barolo & Co to respond adequately. The buyer must allow Barolo & Co to investigate the complaint.
In deviation from the above, visible damage to or missing wines, caused during transportation to the delivery address, must be noted in writing on the transport document by or on behalf of the buyer in the presence of the driver of the transport vehicle. The buyer must immediately email a copy/photo of this to Barolo & Co.
If a defect has arisen as a result of improper or inappropriate 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 due to the identified defect lapses.
If the buyer has resold the wines, any right to compensation expires.
If Barolo & Co finds a complaint justified, Barolo & Co will replace the relevant wines free of charge. In extreme cases, it may occur that Barolo & Co cannot deliver the same vintage and/or type, in which case a different vintage and/or type will be supplied.
Return shipment of delivered wines can only occur at the buyer's expense after written permission for return shipment from Barolo & Co.
If it is determined 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 liable for any compensation to the buyer in case of force majeure, which includes (but is not limited to) (road) blockages, failure of third parties engaged by Barolo & Co, sudden business disruptions, sudden excessive illness of staff, non, untimely or defective delivery of raw and auxiliary materials, end products and packaging materials, government regulations, refusal or absence of import permits or other necessary government approvals, difficulties in imports or exports by governments or third parties, fire, extreme weather conditions (such as frost, heavy rainfall, storm), flooding or other unforeseen events and circumstances making it impossible for Barolo & Co to fulfill ongoing orders on time without additional measures or efforts.
In case the force majeure situation persists, the parties may dissolve the agreement in whole or in part without judicial intervention and without being liable for 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 due to personal accidents, damage resulting from claims of third parties against the buyer, or any other damage. In the case of consumer purchase, this limitation does not extend further than 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 resulting from a defect in the product as referred to in articles 6:185 of the Dutch Civil Code. et seq., Barolo & Co will provide the necessary details of the producer of the product to the buyer. The buyer is obliged to file their claim with the producer unless Barolo & Co should be considered the producer under article 6:187 of the Dutch Civil Code.

Article 11: Right of Withdrawal
If the agreement between the buyer and Barolo & Co can be considered a distance contract, the buyer has the right to cancel the distance purchase within fourteen days of receiving the wine without giving any reason. To cancel the agreement, the buyer must notify Barolo & Co within the specified period via email at barolowijnimport@gmail.com.
The buyer must have returned the received wines to Barolo Wine Import, Zenegroen 20, 8935 KK, Leeuwarden, no later than ten working days after cancellation.
To prove that the delivered wines were returned on time - no later than five working days after the cancellation - the buyer must ensure that they have proof of posting.
The return shipment of the delivered wines is entirely at the expense and risk of the buyer. The wines must be returned in the same condition as delivered, namely unused and undamaged, in the original and complete packaging and packaging materials, including the original packing slip.
After receiving the returned product, the purchase amount will be refunded within 30 days to the account number known to Barolo & Co. If Barolo & Co identifies damages and/or other defects regarding the returned product, we reserve the right not to proceed with (full) reimbursement.

Article 12: Data Protection
Personal data provided by the customer when placing an order will be included in a file. This data will be used to execute the customer's order and to provide future offers, entirely for Barolo & Co's own use.
The 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 immediately removed from our file.
The processing of this data will be carried out 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: Nullity, Destruction
The nullity, destructibility, or unreasonableness of one or more provisions of the agreement(s) between Barolo & Co and the buyer or of these conditions does not lead to the nullity, destructibility, or unreasonableness of the agreement(s) between Barolo & Co and the buyer or these conditions as a whole.

Article 14: Applicable Law and Disputes
Unless Barolo & Co chooses to sue the buyer in their place of residence, the court in Leeuwarden has exclusive jurisdiction. These conditions and the agreement(s) to which these conditions apply are exclusively governed by Dutch law, even if an obligation is wholly or partially performed 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 reasonably incurred by Barolo & Co to enforce compliance with these conditions and the agreement(s) referring to these conditions will be borne by the buyer. The extrajudicial costs are calculated based on what is customary in the Dutch debt collection practice at that time, currently the calculation method according to Rapport Voorwerk II. If Barolo & Co incurs higher

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