Terms of service

GENERAL TERMS AND CONDITIONS

OVERVIEW

This website is operated by Fuoco Barbecue Shop. The terms ‘we’, ‘us’ and ‘our’ on this site refer to Fuoco Barbecue Shop. Fuoco Barbecue Shop offers this website and all information, tools and services made available to you through this website, to you, the user, on the condition that you accept all terms, conditions, policies and notices contained herein.

By visiting our site and/or purchasing something from us, you engage in our ‘Service’ and agree to be bound by the following terms and conditions (hereinafter ‘Terms and Conditions’ or ‘Terms’), including additional terms and conditions and policies referred to herein or linked from here. These General Terms and Conditions apply to all users of the site, including users who visit the site, suppliers, customers, traders and/or persons who contribute content.

Please read these General Terms and Conditions carefully before visiting or using our website. By visiting or using parts of the site, you agree to be bound by these General Terms and Conditions. If you do not agree to all of the provisions of this agreement, you may not visit the website or use any of the services. Insofar as these General Terms and Conditions are considered an offer, acceptance is expressly limited to these General Terms and Conditions.

The Terms and Conditions also apply to new functions or tools that can be added to the current shop. The current version of the Terms and Conditions can always be found on this page. We reserve the right to fully or partially adapt or modify the Terms and Conditions or to replace them by publishing updates and/or changes on our website. You are responsible for regularly consulting this page to see if anything has changed. If you continue to use the website after we have published changes, this means that you accept these changes.

Our shop is hosted by Shopify Inc. They provide us with the online trading platform that allows us to sell our products and services to you.

 

ARTICLE 1 - ONLINE STORE TERMS AND CONDITIONS

By agreeing to these Terms and Conditions, you declare that you have reached the age of majority according to the legislation of your country of residence, or that you, as an adult according to the legislation of your country of residence, have given us permission for minors for whom you are responsible to use this site.

You may not use our products for unlawful or unauthorised purposes. When using the Service, you may also not violate the legislation of your jurisdiction (including copyright laws).

You may not forward worms, viruses or malicious code.

Failure to comply with any of these Terms of Service will result in the immediate termination of your services.

 

ARTICLE 2 - GENERAL PROVISIONS

We reserve the right to refuse our services to anyone for any reason at any time.

You acknowledge that your content (with the exception of credit card information) can be transmitted without encryption and that this can involve (a) transmission over different networks; and (b) changes to the data to meet the technical requirements set by connected networks or devices. Credit card information is always encrypted when it is transmitted over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any part of the Service, use of the Service or access to the Service or any element of the website through which the Service is provided, without our express written consent.

The headings in this agreement are for convenience only and shall not affect these Terms and Conditions nor shall they affect them in any other way.

 

ARTICLE 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information on this site is incorrect, incomplete or outdated. The material on this site is provided exclusively as general information and should not be used as the sole basis for decisions without consulting primary, more accurate, more complete or more recent sources of information. If you rely on the material on this site, you do so at your own risk.

This site may contain certain historical data. Historical data is not current by nature and is provided for reference purposes only. We reserve the right to change the content of this site at any time, but we are not obliged to update any information on our site. You agree that you are responsible for reviewing any changes to our site.

 

ARTICLE 4 - CHANGES TO PRICES AND THE SERVICE

The prices of our products are subject to change without notice.

We reserve the right to periodically change or discontinue the Service, or any part thereof, without notice.

We shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

 

ARTICLE 5 - PRODUCTS OR SERVICES

Certain products or services may be offered exclusively online through the website. These products or services may be available in limited quantities and can only be returned or exchanged in accordance with our Return Policy.

We make every effort to display the colours and images of our products in the shop as accurately as possible. However, we cannot guarantee that your computer screen will display all the colours correctly.

We reserve the right to limit the sale of our products or services to certain persons, regions or jurisdictions, but are not obliged to do so. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantity of the products or services we offer. All product descriptions and prices may be changed by us at any time, at our own discretion and without prior notice. We reserve the right to stop offering any product at any time. Any offer for a product or service on this website is void where such offers are prohibited. 

We do not guarantee that the quality of the products, services, information or other materials that you purchase or obtain will meet your expectations, or that errors in the Service will be rectified.

 

ARTICLE 6 - ACCURACY OF INVOICING AND ACCOUNT DETAILS

We reserve the right to refuse orders that you place with us. Purchases may be limited or cancelled by us at our sole discretion, per person, per household or per order. These restrictions may also be imposed for orders by or through the same customer account or the same credit card, and/or orders with the same billing address and/or delivery address. If we change or cancel an order, we may notify you using the email address and/or billing address or phone number you provided when placing the order. We reserve the right to limit or refuse orders that, in our opinion, have been placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information with every purchase at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

Read our Return Policy for more information.

 

ARTICLE 7 - OPTIONAL TOOLS

We may give you access to third-party tools that we do not control and over which we have no control or input.

You agree that access to such tools is provided to you ‘as is’ and ‘as available’ without any warranty, condition or support from us. We are not liable in any way for or in connection with your use of optional third-party tools.

You use optional tools offered via the site entirely at your own choice and entirely at your own risk, and you must ensure that you have read and agree to the conditions under which these tools are provided by the relevant external suppliers. 

If we proceed to offer new services and/or functions via the website (such as the release of new tools and resources), these General Terms and Conditions apply to such new functions and/or services.

 

ARTICLE 8 - THIRD-PARTY LINKS

Certain content, products and services available through our Service may contain third-party material.

Third-party links on this site may direct you to external websites with which we have no connection whatsoever. We are not obliged to investigate or assess the content or accuracy, and we make no guarantees and accept no liability for third-party materials or websites or other materials, products or services from external parties.

We are not liable for damage or harm regarding the purchase or use of goods, services, tools or content or other transactions related to third-party websites. Carefully study the policies and practices of the external party before entering into a transaction with them. Complaints, claims, problems or questions about external party products must be forwarded to that external party.

 

ARTICLE 9 - RESPONSES, FEEDBACK AND OTHER USER SUBMISSIONS

If you submit something at our request (for example, as part of a competition) or send creative ideas, suggestions, proposals, plans or other materials of your own accord, regardless of whether this is done online, via e-mail, via regular mail or in any other way (collectively referred to as ‘responses’), you agree that we may edit, copy, publish, distribute, translate and otherwise use any response you send us at any time and without restriction. We are not obliged to (1) keep any response confidential; (2) pay compensation for any response; or (3) respond to any response.

Without being obliged to do so, we may proceed to check, edit or remove content that we, at our sole discretion, consider to be unlawful, offensive, threatening, malicious, defamatory, pornographic, obscene or otherwise objectionable or that violates these General Terms and Conditions or the intellectual property rights of any party.

You agree not to post comments that infringe on the rights of third parties, including copyrights, trademark rights, the right to privacy, personality rights or other subjective or property rights. You further agree not to post comments that contain defamatory or otherwise unlawful, offensive or obscene material, or that contain computer viruses or other malware that could affect the operation of the Service or any related website. You may not use false e-mail addresses or pretend to be someone else, or otherwise mislead us or third parties as to the origin of any response. You are solely responsible for all responses you post and for their accuracy. We accept no responsibility or liability for responses posted by you or any third party.

 

ARTICLE 10 - PERSONAL DATA

Our Privacy Policy regulates how we collect and use personal data. Read our Privacy Policy here.

 

ARTICLE 11 - ERRORS, INACCURACIES AND OMISSIONS

It is possible that our site or the Service contains typing errors, inaccuracies or omissions that may relate to product descriptions, prices, promotions, offers, shipping costs, transport times and availability. If any information in the Service or on any related website is inaccurate, we reserve the right at all times to correct errors, inaccuracies or omissions, to change or update information, or to cancel orders without prior notice (including after you have placed an order). 

We do not undertake to update, modify or clarify information in the Service or on any related website, including information about the price, unless we are legally obliged to do so. If the Service or any related website specifies a date on which information has been updated or renewed, this does not mean that all information on the Service or any related website has been modified or updated.

 

ARTICLE 12 - PROHIBITED USE

In addition to other prohibitions included in the General Terms and Conditions, you may not use the site or its content:

(a) for unlawful purposes; (b) to encourage others to commit unlawful acts or participate in them; (c) to violate international, national or local laws and regulations; (d) to violate our intellectual property rights or the intellectual property rights of others; (e) to harass, to insult, damage, discredit, defame, denigrate, intimidate or discriminate against people on the basis of gender, sexual orientation, religion, ethnic or national origin, race, age or disability; (f) to forward incorrect or misleading information;

(g) to upload or transmit viruses or other harmful code that can or will be used in a way that affects the functionality or operation of the Service or any related website, other websites or the internet; (h) to collect or trace the personal data of others; (i) for spam, phishing, pharming, pretexting, spiders, crawling or scraping; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security of the Service or any related website, other websites or the internet. We reserve the right to terminate your use of the Service or any related website under this prohibition of use provision.


ARTICLE 13 - EXCLUSION OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee that our Service will be uninterrupted, timely, secure, or error-free during your use.

We do not guarantee that the results that can be achieved with the use of the Service will be accurate or reliable.

You agree that we may periodically remove the Service for an indefinite period of time and terminate it at any time without prior notice.

You expressly agree that you use the Service entirely at your own risk, and that you alone bear the risk of the unavailability of the Service. The Service and all products and services provided to you through the Service are (unless we expressly state otherwise) provided to you in their current state (‘as is’) and to the extent they are available (‘as available’), without any explicit or tacit guarantee of any kind, including guarantees of merchantability, saleable quality, suitability for a particular purpose, durability, title or non-infringement.

Under no circumstances can Day At The Zoo, our directors, managers, affiliated companies, agents, representatives, contractors, interns, suppliers, service providers or licensors be held liable for any disadvantage, loss, damage or any claim or any direct, indirect, incidental or special damage, compensation as a penalty, or consequential damages of any kind, including damages for loss of profits, loss of revenue, loss of savings or data, replacement costs or any similar damages, whether contractual, based on tort (including negligence), strict liability or otherwise, arising from your use of the Service or of products obtained through the Service, or for any other claim related in any way to your use of the Service or of any product, including claims with respect to errors or omissions in content, or any loss or damage of any kind incurred as a result of using the Service or any content (or any product) posted, forwarded or otherwise made available through the Service, even if we have been advised of the possibility of such damage.

Because some jurisdictions do not allow the limitation of liability for incidental or consequential damages, our liability for such damages is limited to the fullest extent permitted by law.

 

ARTICLE 14 - INDEMNIFICATION

You agree to indemnify, defend and hold Studio Day At The Zoo and our parent company, subsidiaries, affiliates, partners, directors, officers, (commercial) agents, contractors, licensors, service providers, subcontractors, suppliers, trainees and employees and to indemnify and hold them harmless against any claim or demand of any third party, including reasonable legal fees, arising from your failure to comply with these General Terms and Conditions or the documents included therein by reference, or from your violation of any provision of the law or regulations or the rights of a third party.

 

ARTICLE 15 - SEVERABILITY

If any provision of these General Terms and Conditions is unlawful, void or unenforceable, such provision shall remain in force to the fullest extent permitted by law and shall be deemed separable from these General Terms and Conditions, without prejudice to the validity and enforceability of the remaining provisions.

 

ARTICLE 16 - TERMINATION

The commitments and obligations that the parties have entered into prior to the date of termination shall continue to apply in all cases after the termination of this agreement.

These General Terms and Conditions remain in force until they are terminated by you or by us. You can terminate these General Terms and Conditions at any time by letting us know that you no longer wish to use our Services, or by no longer visiting our website.

If we believe or suspect that you have not complied with a provision of these General Terms and Conditions, we may terminate this agreement at any time and without notice, and you will remain liable for all amounts due up to and including the date of termination. In addition, we may also refuse you access to our Services (or any part thereof).

 

ARTICLE 17 - ENTIRE AGREEMENT

The fact that we do not exercise or enforce a right or provision of these Terms and Conditions does not constitute a waiver of this right or provision. 

These General Terms and Conditions and any policies or operating rules posted by us on this website or in respect of the Service constitute the entire agreement between you and us and govern your use of the Service. They supersede all previous and existing oral and written agreements, communications and proposals between you and us (including previous versions of the General Terms and Conditions).

If a provision of these Terms and Conditions is open to more than one interpretation, it cannot be interpreted against us.

 

ARTICLE 18 - APPLICABLE LAW

These Terms of Service and any separate agreements under which we provide you with Services shall be governed by and construed in accordance with the laws of the Netherlands.

 

ARTICLE 19 - CHANGES TO THESE TERMS OF SERVICE

The current version of the Terms and Conditions can always be found on this page.

We reserve the right to fully or partially adapt, modify or replace the Terms and Conditions at our own discretion by publishing updates and changes on our website. You are responsible for regularly consulting our website to check for changes. If you continue to visit our website or use the Service after we have published changes to these Terms and Conditions, this will mean that you accept these changes.

 

ARTICLE 20 - CONTACT DETAILS

Questions about the Terms of Service should be sent to us at info@fuocobbqshop.com.

Our contact details are below:

Fuoco BBQ Shop

info@fuocobbqshop.com

Onderstraat 9, 4927AR Hooge Zwaluwe (note: this is not a visiting address)

+31621104000

CHAMBER OF COMMERCE NUMBER: 94780994

VAT ID: NL005112624B56