Terms and Conditions of Use

terms and conditions

1. OWNERSHIP

The owner of the web site is the company Brazilian Wine House (referred to in these terms as “BRAZILIAN WINE HOUSE”, “our”, “we”), with registered address at Woelse Donk, 36 – 4207XD – Gorinchem, The Netherlands and Tax ID No. NL861564327B01.

Our customer services e-mail is: support@brazilianwinehouse.com

2. PURPOSE

2.1. These terms, together with our Privacy Policy, apply to all Site visitors, subscribers, CUSTOMERS, and all other users of the Site of BRAZILIAN WINE HOUSE (hereinafter “VENDOR”) and to all sales, deliveries and services of the Vendor purchased by the users (hereinafter “USERS” or “CUSTOMERS”) from the Vendor.

2.2. “CUSTOMERS” can be both consumers and businesses, whereby a consumer is any natural person who enters into a legal transaction for purposes that are mainly attributable to non-commercial or independent non-professional or non-business activity. By contrast, a business person is any natural or legal person, or legal partnership that acts out an independent professional or commercial activity when concluding a legal transaction.

2.3. The VENDOR makes available over its web site, apps, social media or any other medium that may be established in the future, a technological platform (hereinafter “WEB SITE”) where online sales of alcoholic beverages, namely: red wines, white wines, rosé wines and sparkling wines or any other products and services aimed at USERS.

2.4. The VENDOR can extend or modify its WEB SITE in accordance with the development and evolution of its products and services, including or replacing new products, services, activities or content.

3. TERMS AND CONDITIONS OF USE

3.1. Acceptance of the Terms and Conditions of Use

3.1.1. These General Terms and Conditions of Use (hereinafter, the “General Terms and Conditions”) govern, along with the Privacy Policy, the access and use by the USER of the WEB SITE, as well as the purchasing of products and the hiring of services over the same.

3.1.2. USERS must carefully read these General Terms and Conditions every time they access the WEB SITE, given that these General Terms and Conditions may be subject to modifications.

The USER hereby states:

• That he/she has read, understands and comprehends the provisions set forth herein;
• That he/she is a person of sufficient legal age to purchase alcoholic beverages in accordance with the user’s country of residence and has sufficient capacity to hire;
• That he/she takes on all the obligations set forth herein;
• That he/she understands that the WEB SITE is a technological platform owned by the VENDOR over which he/she can purchase products.

3.1.3. The owner of the WEB SITE reserves the right to make modifications to site content and services or update them at any time without the need to give any prior notice. The same applies to these General Terms and Conditions and, in general, to any elements that go to make up the design and configuration of the WEB SITE.

3.2. Access to the WEB SITE and Legal Age

3.2.1. Access to the WEB SITE is free of charge, except as regards the cost of the connection over the telecommunications network supplied by the Internet service provider hired by the USER.

3.2.2. Given that the content of the WEB SITE services involves, among other products, alcoholic beverages, access to the same is only permitted to individuals of legal age in accordance with that which is provided for by the regulations in their country of residence. Please exit this WEB SITE immediately if you are a minor.

3.3. Registration Requirement

3.3.1. Generally speaking, it will not be necessary to register as a USER to access WEB SITE services and content. Notwithstanding, the use of particular services and content will be conditional on prior USER registration.

3.3.2. The data entered by the USER must be accurate, up-to-date and true at all times. Registered USERS will be responsible at all times for safekeeping their password, thus assuming any damages that may arise as a result of any unlawful use of the same, as well as for its assignment, disclosure or misplacing. Accordingly, access to the restricted areas and/or the use of the services and content made by way of a registered USER password will be attributed to that same USER, who will answer for the said access and use.

3.3.3. By registering on our platform, you acquire the status of user, customer or business contact of BRAZILIAN WINE HOUSE, so that, as indicated in our Privacy Policy, our firm is protected in the legitimate interest established in the European Data Protection Regulation and the Law of Services for the Information Society and Electronic Commerce to send electronic commercial communications. In these emails you will be given the option of exercising your rights. Please read our Privacy Policy.

3.4. Terms and Conditions of Use

3.4.1. The USER undertakes to use the WEB SITE and all of its content and services ethically, in accordance with that which is provided for by law and these General Terms and Conditions.

3.4.2. Moreover, the USER undertakes to make appropriate use of the services and/or content of the WEB SITE and to refrain from using them to conduct unlawful or criminal activities that violate the rights of third parties and/or infringe upon intellectual or industrial property regulations, or any other applicable set of laws.

3.4.3. The USER undertakes not to transfer, introduce, disclose and make available to third parties any type of material and information such as data, content, messages, drawings, sound and image files, photographs or software that constitute a breach of the law, morality, public order and these General Terms and Conditions. For purely guideline purposes, and in no way limited or exclusive to the following, the USER undertakes to:

I.- Refrain from introducing or disseminating content or advertising of any sort that might be racist, xenophobic, pornographic, that incites terrorism, infringes upon human rights or that encourages a non-responsible consumption of alcohol.

II.- Refrain from introducing or disseminating on the Internet data programs (virus and malware) capable of causing damage to the information systems of the Internet service providers, their providers or third-party Internet users.

III.- Refrain from disseminating, transferring or making available to third parties any type of information, element or content that violates basic rights and public liberties protected under the constitution and international treaties.

IV.- Refrain from disseminating, transferring or making available to third parties any type of information, element or content that constitutes unfair or illegal advertising.

V.- Refrain from transferring unsolicited or unauthorized advertising, spam, chain letters, pyramid schemes, or any other form of unsolicited mailing, except to those areas (such as commercial spaces) that have been exclusively conceived for such purposes.

VI.- Refrain from introducing or disseminating any false, ambiguous or inaccurate information or content that misleads the receivers of such information.

VII.- Refrain from impersonating other USERS by using their registration passwords to the different WEB SITE services and/or content.

VIII.- Refrain from disseminating, transferring or making available to third parties any type of information, element or content that constitutes a violation of industrial and intellectual property rights, patents, trademarks or copyright corresponding or belonging to the owners of the WEB SITE or third parties.

IX.- Refrain from disseminating, transferring or making available to third parties any type of information, element or content that constitutes a breach of the privacy of communications and data protection regulations.

The USER undertakes not to hold the VENDOR liable for any possible claim, fine, penalty or sanction it may be obliged to bear as a result of the USER’S failure to comply with any of the aforementioned rules of use. Moreover, the VENDOR reserves the right to claim damages that may correspond to it in any such circumstances.

3.5. Disclaimer

3.5.1. USER access to the WEB SITE does not involve any obligation for the VENDOR to control the absence of viruses, worms or other type of malware. The USER is responsible in all cases for possessing the appropriate tools to detect and remove malware.

3.5.2. The VENDOR is not liable for any damage caused to USER software and IT equipment or to that of third parties when using the services offered over the WEB SITE.

3.5.3 The VENDOR is not liable for any type of damage caused to the USER owing to telecommunication failures or crashes that lead to the suspension, cancellation or interruption of the WEB SITE service while it is being provided or prior to its provision.

3.6. Content and Services Linked via the WEB SITE

3.6.1. The access service to the WEB SITE includes technical link devices, directories and even search instruments that enable the USER to access other pages and portals on the Internet (hereinafter “Linked Sites”). In these cases, the VENDOR `will solely be liable for the content and services provided on the Linked Sites to the extent that it has effective knowledge of the unlawfulness thereon or whenever it has failed to disable the link with due diligence. If the USER considers that there is a Linked Site with unlawful or inappropriate content, he/she can report this to BRAZILIAN WINE HOUSE, without any such report involving the obligation to remove the link in question.

3.6.2. In no case whatsoever must the Linked Sites presuppose the execution of formal agreements with their owners or those responsible for them, nor does it represent any recommendation, promotion or identification with or by BRAZILIAN WINE HOUSE of claims, content or services provided thereon.

3.6.3. The VENDOR has no knowledge of the content and services of the Linked Sites and, therefore, is not liable for any damage caused by the unlawfulness, quality, datedness, unavailability, error or uselessness of the aforementioned content and services, or for any other damage for which the VENDOR is not directly accountable.

3.6.4. If the USER can access or is redirected to Linked Sites that make it possible to hire services and/or products, the USER is aware and accepts that the VENDOR is acting as a mere intermediary by facilitating this access. Accordingly, it will not be liable, either indirectly or collaterally, for damages of any type arising from the free use and/or purchasing or hiring of the aforementioned third-party products and services, or for any lack of lawfulness, reliability, utility, truth, accuracy, comprehensiveness or updatedness related to the same. For purely guideline purposes, and in no way exhaustive, the VENDOR will not be liable for: damages of any nature arising from defective compliance or non-compliance with contractual obligations acquired by third parties; unfair competition or unlawful advertising acts; the failure of the aforementioned services and products to live up to expectations or for vices of defects of any type that they may have.

4. INTELLECTUAL AND INDUSTRIAL PROPERTY

4.1. All WEB SITE content (understanding this to cover for merely guideline purposes and not exhaustively, its texts, photographs, graphics, images, icons, technology, software, links and other audiovisual or sound content, as well as its graphic design and source codes) are the property of BRAZILIAN WINE HOUSE or third parties. Under no circumstances are these rights of use assigned to the USER pursuant to current intellectual property regulations.

4.2. The marks, trade names and distinguishing signs are owned by BRAZILIAN WINE HOUSE or third parties and access to the WEB SITE cannot be construed as attributing any rights as regards the same.

4.3. By accepting these General Terms and Conditions, the USER hereby assigns to the VENDOR, free of charge and exclusively, all rights of use with respect to the articles, comments and opinions (hereinafter the “Content”) that the USER publishes or authorizes to publish on the WEB SITE. The aforementioned assignment will be understood as covering users worldwide, without any restriction whatsoever, and for the maximum period provided for by the competent Data Protection supervisory authority (in The Netherlands: Algemene verordening gegevensbescherming (AVG) – which can be found at https://autoriteitpersoonsgegevens.nl/nl). The VENDOR can exercise the rights to reproduce, transform, distribute and publicly disclose the Content in the broadest sense provided for by the aforementioned law.

4.4. The USER, who hereby states to have all the intellectual property rights over the aforementioned articles, comments and opinions, undertakes to take on liability or respond to any claim, including compensations for damages, that may be made against the VENDOR by a third party who considers his/her rights have been infringed upon by actions arising from obligations undertaken by the USER either directly or indirectly under these General Terms and Conditions.

4.5. Moreover, the USER undertakes to protect the VENDOR from any liability for damages that BRAZILIAN WINE HOUSE or third party may suffer as a result of the giving proper form to the assignment of rights under this clause.

5. TERMS AND CONDITIONS OF SALE

5.1. Scope of Application

5.1.1. These Terms and Conditions of Sale apply to those purchases made by the USERS.

5.2. Checkout Process

The process to purchase products on the WEB SITE is as follows:

5.2.1. Start the process by clicking on the “ADD TO CART” button that appears beside each product.

5.2.2. Select the product units that the USER wants to purchase. He/she must enter the “Billing Details” in the shopping basket and enter the correct address where he/she wishes to receive the order; if desired, any additional information can be stated in this page and must then click on the “Place order” button.

5.2.3. If the USER has a discount- or gift voucher, he/she must add this to the shopping basket in the space provided to enter the voucher (“I have a discount voucher”). If the USER does not enter the voucher in the aforementioned space and the order is made without a discount, he/she cannot demand that the discount be applied after order confirmation.

5.2.4. The USER can see the name of the courier company that will deliver his/her order in the section entitled “Your order”, along with the estimated delivery data and the cost of this service, which will be added to the total cost of the order. Then he/she must click on “Continue”. It may happen that for reasons of logistic flexibility the mentioned courier company differs from the one that makes the delivery.

5.2.5. The USER must select one of the methods of payment that the VENDOR provides.

5.2.6. Lastly, the USER must click on the “Pay securely” button. The USER will receive confirmation of the acceptance of any order placed by means of a message that comes up on the screen and an e-mail sent to the address provided previously. Consequently, you have to ensure that the e-mail address that you have deposited with us is the correct one, and that the receipt of the respective e-mails is guaranteed. In particular, you have to ensure that the respective e-mails are not blocked by a SPAM filter.

5.2.7. The USER accepts liability for the correct and accurate entry of product delivery data. Likewise, the VENDOR accepts no liability for any delivery that is not made due to inaccurate or incorrect data.

5.2.8. By clicking the “Place order” button to submit the order, the USER declares acceptance of the order in a legally binding way by which the purchase agreement takes place

5.2.9. BRAZILIAN WINE HOUSE offers USERS a purchasing service for products to be consumed either by individuals or companies. BRAZILIAN WINE HOUSE does not authorize the re-sale of these purchases nor any documentation to this end. The USER is fully responsible for any such actions, exempting the VENDOR for any liability as regards the re-sale of these products. Whenever the USER is a corporate person, consumer legislation will not apply to such a USER. Thus, some rights as, for example but not limited to, the right to withdraw will not apply.

5.3. Price

5.3.1. The prices indicated by the VENDOR include all price components, including the statutory Dutch VAT. VAT is shown separately. The packaging and shipping costs are displayed and stated separately for each product offered or over the link “Shipping Costs”. Other price components, such as additional taxes, duties or other charges, may be incurred for cross-border deliveries.

5.3.2. Prices will be indicated in Euros.

5.3.3. VAT Free Orders – BRAZILIAN WINE HOUSE suppliers may issue invoices without VAT as long as all the requirements of the applicable regulations are met.

5.4. Terms of Payment

5.4.1. The USER can pay for the purchases made through the means provided by BRAZILIAN WINE HOUSE on the WEB SITE, as indicated in the section that deals with making a purchase herein. Whatever the case, the systems involved guarantee secure payment.

5.4.2. BRAZILIAN WINE HOUSE reserves the right to use third-party means of e-payment and/or financial institutions to manage the payments made by USERS over the WEB SITE, in collaboration with means of payment providers. The following forms can be used for payment in the WEB SITE:

     a. Payment by Credit Card/ iDeal; Stripe:

Once the CUSTOMER has ordered by pressing the “Send order” button, the CUSTOMER is redirected to a sibling page where he can approve payment by entering his credit card or bank details. Whether the bank account or credit card is debited depends on how the CUSTOMER ‘s bank or the credit card-issuing institution processes the payment, and only takes place once the contract is concluded. The goods are shipped once the credit card service provider or bank confirms payment;

     b.Payment by PayPal

Once the CUSTOMER has ordered by pressing the “Send order” button, he is redirected to the PayPal page where he approves his payment to the Vendor. The CUSTOMER ‘s PayPal account is first debited once the contract is concluded. The goods are shipped once PayPal confirms payment;

5.4.3. BRAZILIAN WINE HOUSE does not have access to the bank data linked to USER means of payment and has no knowledge of, and does not register, these data during the payment transaction.

5.4.4. BRAZILIAN WINE HOUSE reserves the right to reject or cancel at its entire discretion, upon notice to the USER, those orders that may be: (i) inaccurate or contain obvious product errors, (ii) contain inaccuracies or obvious errors, or (iii) any suspicion of fraud or of having provided significantly false, incomplete or inaccurate data by USERS.

5.4.5. BRAZILIAN WINE HOUSE reserves the right to request that a copy of the card used to make the purchase and of the ID, bank statement, national ID document, passport or equivalent of the USER be sent by e-mail to confirm the truthfulness of the data provided.

5.4.6. Whenever paying by bank transfer, the USER must make sure that the details contained in the order confirmation e-mail figure in the said transfer. Consequently, the bank transfer will indicate the account number to which the transfer is to be made, the amount involved and the reference that must be attached to speed up the definitive acceptance process related to the order in question. The order will be processed after full payment has been made. The delivery data reported to the USER will begin to be calculated as of the reception on account of the full amount. The order made by bank transfer is valid for 48 hours. Any payment made after that term can be subject to changes with respect to price and product availability.

5.4.7. If an invoice is requested for the purchased products, the USER hereby expressly authorises the VENDOR to send it in digital format and in the legal currency of the country of residence of the VENDOR.

5.4.8. If the payment is made by PayPal and if a collection agreement has been executed with PayPal by clicking the “Remember PayPal data” box, the USER can cancel the aforementioned agreement by accessing his/her user account from the section “My account -> Edit Profile” or by accessing his/her PayPal account and cancelling the agreement. The USER hereby states that under these circumstances USER data are processed by PayPal.

6. PERSONAL DATA PROTECTION AND COOKIES

All users undertake to comply with the WEB SITE Privacy Policy in accordance with that which is set forth in the following section: https://www.brazilianwinehouse.com/privacy
Moreover, this WEB SITE uses its own and third-party cookies. The USER can manage the consent of the cookies at the footer of the WEB SITE.

7. CLAUSE INVALIDITY AND NULLITY

If any of the clauses of these General Terms and Conditions are declared either wholly or partially null and void or invalid, any such nullity or invalidity will solely affect the clause in question, or the part thereof that proves to be null or invalid. Notwithstanding, the remaining General Terms and Conditions will continue to be regarded as valid, and the partial or whole clause deemed invalid will be understood as no longer forming a part of the said General Terms and Conditions.

8. FINAL CLAUSES

8.1. These General Conditions will be governed and will interpret in accordance with the Laws of The Netherlands.

8.2. The applicable law referred to under Item 1 applies to CUSTOMERS who do not conclude the contract as self-employed professionals or for commercial activities, only insofar as the protection afforded by the mandatory provisions of the law of the country in which the consumer has his habitual place of residence is not withdrawn.

8.3. With regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 it was decided to create an online platform to enable an independent, impartial, transparent, effective, fast and fair extrajudicial online dispute regulation between consumers and traders regarding online purchase contracts or online service contracts. Through the following URL consumers can obtain more information and get access to the platform: https://ec.europa.eu/consumers/odr/

8.4 As a matter of cause, the VENDOR declares to always make the greatest effort to settle any kind of dispute with any of our CUSTOMERS in an amicable manner. Therefore we do not see any necessity to take part in such kind of dispute resolution. In those rare cases where a settlement is not feasible, every customer has the right to take legal action using regular jurisdiction.

For any information you can contact support@brazilianwinehouse.com

Last update: 01 July 2022