This website is operated by BarManiaPro b.v.. Throughout the website, the terms „we“, „us“ and „our“ refer to BarManiaPro b.v.. BarManiaPro b.v. offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/or purchasing anything from us, you are participating in our „Service“ and agreeing to the following terms and conditions („Terms of Service“, „Terms“), including the additional terms and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the Site, including but not limited to users who are browsers, vendors, customers, merchants and/or content contributors.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms of this agreement, you may not access the site or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
SECTION 1 – ONLINE STORE TERMS AND CONDITIONS
By agreeing to these Terms and Conditions, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and that you have given us permission to allow any of your minor dependents to use this site.
You may not use our products for illegal or unauthorized purposes, and you may not violate any laws in your jurisdiction (including, but not limited to, copyright laws) when using the Service.
You may not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in immediate termination of your Services.
SECTION 2 – GENERAL TERMS AND CONDITIONS
We reserve the right to refuse service to anyone at any time for any reason.
You understand that your content (excluding credit card data) may be transmitted unencrypted and that there may be (a) transmissions over different networks; and (b) modifications to meet and adapt to technical requirements for connecting networks or devices. Credit card data is always encrypted during transmission over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any part of the Service, use the Service, access the Service or contact the website through which the Service is provided, without express written permission from us.
The sections used in this Agreement are included for convenience only and will not limit or otherwise affect these Terms.
PART 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if the information made available on this site is not accurate, complete or current. The material on this site is for general information only and should not be used as the sole basis for making decisions without consulting primary, more accurate, complete or timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information is necessarily not current and is provided for your reference only. We reserve the right to change the content of this site at any time, but we are under no obligation to update the information on our site. You agree that it is your responsibility to monitor changes on our site.
SECTION 4 – CHANGES IN SERVICE AND PRICES.
The prices of our products are subject to change without notice.
We reserve the right to modify or discontinue the Service (or any part or content thereof) at any time without notice.
We will not be liable to you or any third party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 – PRODUCTS OR SERVICES (if applicable).
Certain products or services may only be available online through the Website. These products or services may have a limited quantity and can only be exchanged or returned according to our return policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear in the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.
We reserve the right, but have no obligation, to limit the sale of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of products or services we offer. Any descriptions of products or product prices are subject to change at any time, without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for a product or service made on this site is void where prohibited.
We do not guarantee that the quality of any products, services, information or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION.
We reserve the right to refuse 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 apply to orders placed by or under the same customer account, the same credit card, and/or orders using 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 email address and/or billing address/phone number provided when the order was placed. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made in 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.
For more details, please review our return policy.
SECTION 7 – OPTIONAL TOOLS
We may provide you with access to third-party tools over which we have no control or input.
You acknowledge and agree that we provide access to such tools „as is“ and „as available“ without any warranty, representation or condition of any kind and without any endorsement. We shall not be liable in any way for or in connection with your use of optional third-party tools.
Any use by you of optional tools offered through the Site is entirely at your own risk and discretion, and you should ensure that you are aware of and agree to the terms and conditions upon which the tools are offered by the relevant third party or parties.
We may also, in the future, offer new services and/or features through the Website (including the release of new tools and resources). Such new features and/or services will also be subject to these Terms and Conditions.
SECTION 8 – THIRD PARTY LINKS
Certain content, products and services available through our Service may include materials from third parties.
Third party links on this site may direct you to third party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and are not responsible for any third-party materials or websites, or any other third-party materials, products or services.
We shall not be liable for any damages or compensation in connection with the purchase or use of goods, services, resources, content or any other transactions in connection with third-party websites. Please read the third party’s policies and practices carefully and make sure you understand them before entering into any transaction. Complaints, claims, concerns or questions regarding third party products should be directed to the third party.
SECTION 9 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If you send, at our request, certain specific submissions (e.g., contest submissions) or without a request from us, creative ideas, suggestions, proposals, plans or other materials, whether online, by email, by mail or otherwise (collectively, „comments“), you agree that we may at any time, without limitation, edit, copy, publish, distribute, translate and otherwise use comments that you transmit to us in any medium. We are not and will have no obligation (1) to keep any comments confidential; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove any content that we, in our sole discretion, find unlawful, offensive, threatening, defamatory, pornographic, obscene or otherwise objectionable or that violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any rights of any third party, including copyright, trademark, privacy, personality or other personal or proprietary rights. You further agree that your comments will not contain defamatory or otherwise unlawful, offensive or obscene material, or contain computer viruses or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and accept no liability for any comments posted by you or any third party.
SECTION 10 – PERSONAL INFORMATION
SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS.
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, prices, promotions, offers, product shipping costs, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if information in the Service or on any related website is inaccurate at any time without notice (including after you submit your order).
We do not undertake to update, modify or clarify any information in the Service or on any related website, including, but not limited to, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website may be used to indicate that any information in the Service or on any related website has been changed or updated.
SECTION 12 – PROHIBITED USES.
In addition to other prohibitions set forth in the Terms of Service, you are prohibited from using the Site or its contents: (a) for any unlawful purpose; (b) to solicit others to perform unlawful acts or participate in unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws or local ordinances; (d) to infringe or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, defame, belittle, intimidate or discriminate on the basis of gender, sexual orientation, religion, ethnicity, race, age, national origin or disability; (f) to provide false or misleading information; (g) to upload or transmit viruses or other types of malicious code that will or may in any way impair the functionality or operation of the Service or any related website, other websites or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl or scrape; (j) for any obscene or immoral purpose; or (k) to circumvent or circumvent the security features 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 for violating any of the prohibited uses.
ARTICLE 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not warrant, represent or guarantee that your use of our service will be uninterrupted, timely, secure or error-free.
We do not guarantee that the results that may be obtained from use of the service will be accurate or reliable.
You agree that we may from time to time remove the Service indefinitely or cancel the Service at any time without notice to you.
You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and services provided to you through the Service are provided (except as expressly stated by us) „as is“ and „as available“ for your use, without any representation, warranty or condition of any kind, express or implied, including any implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title and non-infringement.
In no event shall BarManiaPro b.v., our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors shall in no event be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including but not limited to lost profits, lost income, lost savings, loss of data, replacement costs, or any similar damages, whether based on contract, tort (including negligence) strict liability or otherwise, arising out of your use of any of the services or products purchased using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in the content, or any loss or damage of any kind incurred as a result of using the service or any content (or product) posted, transmitted or otherwise made available through the service, even if you have been advised of the possibility thereof. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, our liability in such states or jurisdictions will be limited to the maximum extent permitted by law.
ARTICLE 14 – INDEMNIFICATION
You agree to indemnify and hold BarManiaPro b.v. and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees harmless from any claim or demand, including reasonable attorneys‘ fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third party.
SECTION 15 – SEVERABILITY
In the event that any provision of these Terms of Service is deemed unlawful, void or unenforceable, such provision shall nevertheless be enforceable to the extent permitted by applicable law, and the unenforceable portion shall be deemed severable from these Terms of Service, such provision shall not affect the validity and enforceability of the remaining provisions.
ARTICLE 16 – TERMINATION
The obligations and liabilities of the parties entered into prior to the termination date shall survive the termination of this Agreement for all purposes.
These Terms of Service are effective unless and until terminated by you or by us. You may terminate these Terms of Service at any time by informing us that you no longer wish to use our Services, or when you cease using our site.
If, in our sole discretion, you fail, or if we suspect that you have failed to comply with any term or provision of these Terms of Service, we may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or we may deny you access to our Services (or any part thereof) accordingly.
ARTICLE 17 – ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or with respect to the Service constitute the entire agreement and understanding between you and us and govern your use of the Service, and supersede all prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, without limitation, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service will not be construed against the drafting party.
ARTICLE 18 – APPLICABLE LAW.
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by the laws of Graafschaf Hornelaan 163, Weert, LI, 6001 AC Weert, The Netherlands.
We reserve the right, at our sole discretion, to update, modify or replace any part of these Terms and Conditions by posting updates and changes on our website. It is your responsibility to check our website regularly for changes. Your continued use of or access to our website or the Service following the posting of changes to these Terms of Service will constitute your acceptance of those changes.
SECTION 20 – CONTACT INFORMATION
Questions about the Terms of Service should be directed to us at email@example.com.