Terms of Sale
TERMS AND CONDITIONS OF SALE
- GENERAL PROVISIONS
1.1. The following Terms and Conditions on Sale apply to any sale and purchase of products through our site: https://www.shop.bacardi.nl
1.2. The seller of the products and the owner of the Website is: Bacardi-Martini B.V., with their registered office at Weena 505, 3013AL, Rotterdam, VAT no. 0059.70.441.B01, number of registration with the Companies' Register of 
- PRODUCT INFORMATION
We will endeavor to ensure that the information displayed on this website is current and accurate. However, we cannot be held liable for any errors. This includes stock levels, images, descriptions, and prices. Please contact us before you place an order if you have a specific requirement.
3.1. We reserve the right to refuse, to cancel and not to process any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.
If we cancel your order in part or in its entirety, you will receive a refund for the full purchase price of the part of the order that has been canceled.
3.2 Orders must be paid for in advance. Once you have placed an order online, we will send you a confirmation email. Bacardi shall use commercially reasonable efforts to include on the Website only Products that it has in stock to be able to satisfy the orders placed. However, it is possible that certain errors occur in the listing of Products and that certain Products ordered by the Consumer are out of stock. We will contact you if there are any problems with stock, pricing or delivery.
3.3 If you have made an error in your order please contact us and we will take steps to amend it before dispatch where possible.
3.4. A second email will be sent when the order is dispatched. This confirms stock availability, price and payment.
4.1. All prices indicated on the Website are quoted in Euro and are inclusive of Dutch VAT.
4.2. We reserve the right to change the prices of any item at any time without prior notice, but they will not affect orders in respect of which we have already sent you an order confirmation email.
4.3. We will not be obliged to fulfill orders for items that are priced incorrectly.
5.1. Payments are processed by Shopify Inc. We accept IDEAL, major credit issuers, Apple Pay and Google Pay. By placing an order, you consent to payment being charged to your credit/debit card. All credit/debit cardholders are subject to validation checks using 3DSecure and may be subject to checks through your banking provider. If your card issuer does not authorize payment, we will not be liable for any delay or non-delivery.
5.2. Payment data is stored by Shopify Inc. and we do not have access to unencrypted data.
- SHIPPING POLICY
6.1. We can only deliver to NL domestic addresses.
6.2. We will process your order as soon as possible. Orders are typically delivered by the courier within 2-3 working days after being dispatched by us. There may also be occasions when delivery will take longer due to factors outside our control. Delivery dates are approximate only and not an essential term to the sale and purchase agreement between you and us.
6.3. We use PostNL as our courier. We reserve the right to use other courier services.
6.4. Please note that our last order date for pre-Christmas delivery is Friday 16th December 2022. Orders received after this date will still be processed but may not arrive before Christmas.
Over the Festive period deliveries may take longer as the courier services are suspended or delayed. Please contact us if you have an urgent order at this time.
- REFUND POLICY
7.1. Cancelling an order
If you are a Consumer, you have the right to cancel your order up to 14 days from when you have received your delivery. Please email firstname.lastname@example.org with details of the order number, your name, address and contact details. You then have an additional 14 days to return the item to us.
To be eligible for a return, your item must be unused and in the same condition that you received it. It must also be in the original packaging.
7.2. Faulty Goods
You may also return items that are faulty, not as described or damaged. Please email us explaining the situation before posting them back to us.
Once your return is received and inspected, we will send you an email to notify you that we have received your returned item and notify you of the approval or rejection of your refund.
There are certain situations where only partial refunds may be granted:
- Any item not in its original condition, is damaged or missing parts for reasons not due to our error. We allow for the same wear and tear expected by assessing an item in a high street shop.
- Any item that is returned more than 28 days after delivery
If you are approved, then your refund will be processed, and a credit will automatically be applied to your original method of payment, within 14 days. The cost of return shipping will be deducted from your refund.
For order cancellations we will refund the cost of delivery to you but not the cost of returning the item(s) to us.
For faulty goods we will refund you the full amount including the original delivery charge and any reasonable costs for you to return the product to us. Please always contact us at email@example.com before sending an item to discuss the best method of posting it.
7.4. Shipping goods back to us
Please always contact us at firstname.lastname@example.org before posting an item back to us.
In the event of any breach of the provisions set forth under Dutch law aimed at protecting Consumers' rights – even for misleading advertising or incorrect commercial practices – the referring authority is the Netherlands Authority for Consumers and Markets (Autoriteit Consument & Markt), to whom you can file a report online on https://www.consuwijzer.nl/doe-uw-melding-bij-acm-consuwijzer.
- ONLINE DISPUTE RESOLUTION FOR CONSUMERS (ODR)
In accordance with Regulation (EU) no. 524/2013 of the European Parliament and of the Council of 21 May 2013, please find the link to the European online dispute resolution platform: https://ec.europa.eu/consumers/odr/
- PERSONAL DATA
- RETENTION OF TITLE
Products delivered to the Consumer are sold under retention of title. The transfer of ownership is subject to full payment of the price of the Products by the Consumer, at the deadline agreed between the Parties. In the event of non-payment of the total price of the goods by the agreed deadline, Bacardi may claim ownership of the Products at the expense and risk of the Consumer.
Bacardi reserves the right to make changes to the Website, its procedures, and these Terms and conditions of sale. If you are registered on our Website, you will be informed of any substantial modification to these Terms and conditions of sale and will in any event be able to terminate your account if you do not agree with such modifications. The Consumer is subject to the Terms and conditions of sales in force at the time of his/her order.
- FORCE MAJEURE
Bacardi will not be liable for any loss, damage, claim, demand, cost, taxes or expense of any kind suffered or incurred as a result of or that results directly or indirectly from the non-performance or delay in performance of any of its obligations under these Terms and Conditions of sale, caused by a strike or related to events beyond the reasonable control of such Party and affect the performance of its obligations under the Agreement, or any other event of force majeure, including but not limited to, natural disasters, earthquakes, epidemics and pandemics, riots, war and military operations actual or potential terrorist attacks, sabotage, explosions, civil disturbances, insurrections, national or local emergencies, acts or omissions of government, economic disputes of any kind , unannounced actions of employees, fires, floods, lightning, cave-ins, reduced operations or malfunction of networks, systems, failure of a utility provider (including an electric, gas, network or telecommunications provider), unforeseeable breakdowns in operations, late delivery or non-delivery by Bacardi’s suppliers as well as production breakdowns, the lack of raw material, energy, or labor shortage, strikes, lockouts, difficulties in procuring transport, traffic breakdowns, orders issued by government agencies, and any act or omission of any person or entity beyond the reasonable control of either Party . Except in the case of a definitive impediment, Bacardi's obligations will be suspended and the period of performance of its obligations will be extended for the duration of the situation.
If the delivery of Products intended for the Consumer is affected, Bacardi will agree with the Consumer on a new date and/or new delivery conditions unless this makes the performance of the contract excessively onerous for one of the Parties. If the impediment to delivery is final or if it makes the performance of the contract excessively onerous for one of the Parties. the contract will be terminated between the Parties. In this case, the sums paid by the Consumer will be reimbursed following the notice of resolution sent in writing by the most diligent Party. In any case, Deliveries and work already performed shall be invoiced.
- GOVERNING LAW AND JURISDICTION
15.1. The sale and purchase agreement between you and us is intendedly made in The Netherlands and governed by Dutch law.
15.2 If you are a Consumer, the court of your place of residence or domicile shall have exclusive jurisdiction (to the extent it is located within the Dutch territory) for the settlement of all disputes arising out of the sale and purchase agreement between you and us; if the Consumer is not domiciled within the Netherlands, any disputes shall be settled by the District Court Rotterdam.