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Terms and Conditions

1. General / Applicability

1.1 These Terms and Conditions apply to all offers of Bareco Bvba and all agreements between Bareco Bvba and Buyer.

1.2 The term "Bareco Bvba" in this general conditions and elsewhere on the site means the limited partnership Bareco Bvba with head office in Gistel, Belgium.

1.3  "Buyer" means any visitor to the website and / or any natural or legal person one (or several) buying product (s), including wine and accessories etc., via the website vinhamariachaves.com

1.4 Bareco Bvba reserves the right to change, modify or supplement these terms from time to time. The amended terms are also applicable to existing contracts, unless in a specific situation contrary to the reasonableness and fairness would be.

1.5 By using the website by Bareco Bvba and / or placing an order the buyer accepts these Terms and any other rights and obligations as stated on the website.

1.6 In addition to these Terms may-if-clear to Additional Conditions also apply to certain services and / or products. If there between provisions in the Additional Terms and Conditions in this agreement than differences are, in principle, the relevant provisions from the above that the Additional Terms, unless specified otherwise.

1.7 These Terms and Conditions may be waived only if expressly agreed in writing.

1.8 Should the buyer refer to his proper terms then those conditions do not apply, unless explicitly written by Bareco Bvba is accepted.

1.9 If a court ruling declares one or more of these items invalid, the remaining provisions of these Terms will remain in full force and Bareco Bvba and Buyer shall discuss new rules to replace the invalid.

1.10 Bareco Bvba is authorized to make use of third parties in the implementation of an agreement with Buyer.

2. Offers and provisional agreements

2.1 All offers of Bareco Bvba are non-binding. Offers or prices are to be regarded as an invitation to the potential Buyer to make an offer. Bareco Bvba is in no way bound, unless it is clearly written and recorded. The acceptance of the invitation to make an offer by the Buyer is considered as a potential offer and leads only to a conclusion of an agreement as to the other provisions of this article are met. It is for Bareco Bvba never a requirement to deliver to a potential buyer.

2.2 Offers and contracts are made subject to the availability of products (while supplies last). If a product is temporarily out of stock and  has been ordered,  there will be indication where possible when the product is available again.

2.3 A contract is concluded at the moment of an order confirmation to Buyer by e-mail and is sent to the buyer by e-mail.

2.4 Bareco Bvba is entitled to terminate the agreement if it has good reason to fear that the Buyer will not fulfill its obligations.

2.5 Buyer and Bareco Bvba agree that use of electronic communication constitute as a valid contract and established once the conditions in Article 2.1 and 2.3 are met. In particular, the lack of an ordinary signature does not affect the binding of the offer and the acceptance . The electronic files Bareco Bvba apply as the law allows, as a presumption of evidence.

2.6 Information, images, oral communications, telephone e-mail and work assignments etc. on all offers and the main characteristics of the products as accurately as possible (again) given or presented.  Bareco Bvba does not guarantee that the given information on all offers and products is complete and  consistent. Any changes do not qualify for compensation and / or dissolution, unless the deviation is such that the product (more) equivalent to that which the buyer is reasonably have been expected in which case the provisions of Article 6.5 of these Terms and Conditions apply.

3. Prices

3.1 All prices on the site are "ex Warehouse" (Inco terms 1990), expressed in euro’s, in line with the legal regulations, and including VAT, but excluding other governmental taxes and shipping costs, unless otherwise stated in the Product-related information.

3.2 If the ordered product -at the request of the Buyer should be delivered outside of Belgium, then the Buyer is liable for payment of the chargeable VAT or import duties.

3.3 Special offers are only valid for the period as stated in the specific offer.

3.4 The price payable by the buyer is confirmed in accordance with Article 2.3. Obvious errors in the price, such as obvious errors, errors in which the Buyer reasonably have suspected that there was a mistake, can even after the completion of the agreement can still be corrected by Bareco Bvba.

3.5 Shipping charges are not included in the price of the product itself. The Buyer pays shipping as listed on the Internet site. For delivery outside Belgium special rates apply. Certain payment methods are further conditions on the delivery method and associated costs are clear to the buyer.

3.6 Bareco Bvba reserves the right to change the agreed price after conclusion of the agreement. If the price is increased, then the Buyer has the right to cancel the contract without obligation of Bareco Bvba to pay compensation. 

4. Payment

4.1 Orders via our website can be paid in several ways. It's printed on the website.

On this page you will find everything about our payment options.

Bareco Bvba payment options could expand in the future. Other payment options will be made known through the web site.

4.2 Payment delay can only be agreed in writing.

4.3 In the event that payment  by a credit card is selected than this the conditions of the card company apply. Bareco Bvba is not a party to the relationship between the seller and the card issuer.

4.4 Bareco Bvba has the right to use certain minimum and maximum spending depending on the payment type. These conditions are detailed on the website.

4.5 When non or late payment by Buyer is then the outstanding interest is 1.5% per month, which commenced in one month for one full month counted.

4.6 Also to be charged to the Buyer are all (external) legal expenses of any nature whatsoever.

4.7 In case of late payment Bareco Bvba are authorized to end the agreement with immediate effect or (further) supply up to the moment at which the buyer has fully complied with the payment, the payment of interest and costs including.

5. Delivery and delivery time

5.1 Orders are of course delivered as soon as possible. The delivery times shown on the website  are only for guidance and never a deadline. Bareco Bvba can further inform about delivery times on the website or in other written forms. Such information is only indicative. In case of  late delivery, the buyer can claim a default by registered letter to Bareco Bvba. Then Bareco Bvba still have a reasonable period of at least 14 days to deliver. Even if only within this reasonable time Bareco Bvba fails to deliver, the customer has the right to cancel the contract without obligation of Bareco Bvba to compensate for any damage.

5.2 Delays will be informed  to the buyer by e-mail telephone or.

5.3 Delivery is made to the contract address of the buyer. This is made known by Buyer.

5.4 Bareco Bvba ensures delivery by courier, by mail or otherwise selected by Bareco Bvba on behalf of the buyer. Delivery by courier, by mail or otherwise will not be made until payment is received.

5.5 Bareco Bvba is entitled to deliver the goods in parts. The extra cost of the subsequent delivery is at cost of Bareco Bvba

5.6 For deliveries abroad there are different conditions.

6. Exchange & rights

6.1 The Belgian Trade Practices Act and the information and the protection of consumers from July 14, 1991, allows the buyer to decline the sale within 7 days after receipt of the product, unless the products which-among others-by their nature cannot be returned, f.e. opened bottles. The goods must be sent back within an acceptable period (maximum 5 days) after such notification.  The cost of returning the product shall be borne by the buyer.

6.2 The buyer is required to carefully inspect the product immediately after receiving. Complaints of defects in the product must be notified in writing as soon as possible and within 14 days after the courier / or mail delivery . The Buyer will get a refund or a credit receipt if and when the product is returned to Bareco Bvba.  The cost of returning the product shall be borne by the Buyer.

6.3 There may be defects in the product if there are treated in a bad way by the Buyer :

1. If after delivery  changes in the product are made, including those not authorized by Bareco Bvba or the manufacturer;

2.If the seller cannot prove that he purchased the product of Bareco Bvba;

3.If the defects caused by non-written instructions or improper use;

4.If damage is caused by intent, gross negligence or negligent maintenance.

6.4 Claims and defenses based on facts which would justify the proposition that the delivered product to the contract shall be barred by lapse of 1 years after the notification by the Buyer to Bareco Bvba, unless Buyer is a consumer , in which case a period of two years applies.

6.5 If the delivered goods do not comply with  the agreement then Bareco Bvba is obliged only to deliver a replacement of the delivered product, unless replacement is impossible or Bareco Bvba cannot be required, in which case the buyer may terminate the contract or the purchase price may decrease in proportion to the degree of deviation from the agreed requirements.

7. Retention

7.1 Ownership of Property is the actual delivery.  Any agreement with Bareco Bvba is due, until the buyer has paid in full, including, payment of interest and costs, also of any previous or subsequent deliveries and concerning the work to be done or products.

7.2 The Buyer may not encumber, sell, resell, transfer or otherwise encumber the products before their ownership is transferred.

8. Liability

8.1 Bareco Bvba can only be held liable for damages awarded to its intent or gross negligence is attributable or caused by circumstances that under mandatory law rules for its own risk. Bareco Bvba is never liable for consequential loss, indirect damage and loss of profits or turnover.

8.2 If Bareco Bvba, for whatever reason, is bound to compensate any damage, these damages will not exceed an amount equal to the invoice value of the product or service on which damage is caused. 

8.3 The Buyer is required to protect Bareco Bvba for any third-party claims in respect of the implementation of the Convention against Bareco Bvba, even if the law does not preclude the relevant damage and costs borne by the buyer to come.

8.4 Bareco Bvba will be connected to ISIS. This guarantees a good quality and proper service. Consumer-buyers may appeal to an "online mediation through the website of the service by Bareco Bvba. This online mediation is completely free.

8.5 Bareco Bvba may link on its website links to other websites which may be interesting or informative for the visitor. Such links are purely informative. Bareco Bvba is not responsible for the content of the website referred to or the use that can be made.

8.6 In this article the liability of Bareco Bvba under mandatory provisions shall not prejudice .

9. Force majeure

9.1 In case of force majeure, Bareco Bvba cannot keep its commitments to the Buyer, or the obligation to comply is suspended linked with the duration of the circumstances.

9.2 Force majeure means any independent factor, which the fulfillment of its obligations to the buyer in whole or in part is prevented. Those circumstances include strikes, fires, business disturbances, power failures, non or late delivery by suppliers or other third parties and the absence of any means to obtain government authorization. A force majeure includes also failures in (telecommunications) networks or connections or communications systems used and / or at any time not available from the website.

10. Intellectual Property

10.1 The Buyer acknowledges that all intellectual property rights to the information, communications or other expressions concerning the products and / or on the internet site remains to Bareco Bvba, its suppliers or other claimants. The agreement is therefore no transfer of intellectual property.

10.2 It is forbidden for the Buyer, to make changes including, the intellectual property rights in the purchased product, such as cloning, without the express prior written consent of Bareco Bvba, its suppliers or other claimants, unless this is for private use in relation to the product itself.

11. Personal

11.1 Bareco Bvba protect the data of the buyer exclusively in accordance with its privacy policy. The web site includes a detailed privacy statement.

11.2 Bareco Bvba thereby reflects the applicable privacy rule and relevant legislation.

12. Applicable law and jurisdiction

12.1 The Belgian law is applicable.

12.2 The applicability of the Vienna Sales Convention is expressly excluded.

12.3 Courts of the judicial district of  Veurne, Belgium are competent.

13. And dispute settlement

13.1 If the buyer is a consumer, then there is also the possibility to submit a dispute to the online mediation of ISIS, provided that such an offer or agreement through the website or phone connection is made or brought.

14. Miscellaneous

14.2 The Bareco Bvba Helpdesk will be accessible for information on weekdays from 9:00 to 17:30.

14.3 Bareco Bvba strives to receive e-mails 

15. Dutch text prevails

15.1 The Dutch text of these general conditions shall prevail over translations.

16. Age of buyer

Bareco Bvba  does not sell alcoholic to young people under 18. Furthermore you when placing an order requires your date of birth. Upon delivery of the goods requires the delivery to a signature and when in doubt about the age that you can identify.

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All prices are vat included - Shippingcost is calculated by country.