Terms and Conditions
1 GENERAL TERMS & CONDITIONS
We are happy to welcome you to nuttythins.com, the official Barú website, managed by Barú NV (hereinafter referred to as the "Site") or shop.baru.be, the official Barú webshop, managed by Frucon² NV (hereinafter referred to as the “Shop”).
We would like to ask you to read these general terms and conditions thoroughly. These general terms and conditions apply to all services offered online, via any mobile device, through email or over the phone. By continuing to our (mobile) website and web shop and by accessing and using our web pages, you acknowledge and agree that you have read, understood and agree to the below general terms and conditions (including our privacy statement: see article 16).
In the event you purchase specific services or products from the Shop, Frucon² NV may occasionally send you additional guidelines, regulations and policy guidelines that are applicable to these products or services, that form an integral part of these general terms and conditions and that apply to your use of the Site and the Shop.
Frucon² NV and Barú NV may from time to time amend the terms and conditions by posting such change at the Site. Use after such change has been posted shall constitute acceptance of such changed terms.
The terms used in these General Terms and Conditions were defined, if necessary, in Article 17 of the General Terms and Conditions.
Barú NV manages the Site nuttythins. Barú PLC is a public limited company with head office in 3590 Diepenbeek, Industrielaan 4, registered in Hasselt with VAT number BE0859819084. Contact Barú NV by:
• Phone: +32 (0)11 85 05 60
• Email: email@example.com
Frucon² NV is the seller of the products shown in the Shop. Frucon² is a limited liability company with registered office at 8800 Roeselare, Schellebellestraat 8, Belgium and operating office at 8850 Ardooie, Pittemsestraat 58D, Belgium and registered in Kortrijk with VAT number BE0806661106. Contact Frucon² by:
• Phone: +32 (0)51 69 95 05
• Email: firstname.lastname@example.org
2 Accuracy of Content
Frucon² NV is committed to modifying the information of its Shop in time. However, it is not possible to exclude all errors. There may be inaccuracies or typing errors in the information of and other data regarding the Shop.
The information about products, pricing, and delivery dates, as well as the detailed shipping guidelines on the website are communicated to the customers for information purposes only and may be modified by Frucon² nv without prior notice. For more information, customers should visit the "Order information page". Frucon² aims to provide accurate product information and accurately reflect the colors of the products. However, weights, dimensions, and volumes of products remain approaches, and it is not guaranteed that each screen displays a color identical, or that the color may not differ when a product is received.
Frucon² nv shall not be liable for the use of the Site, including, without limitation, the content and any errors contained therein.
All prices are listed on the Site and include VAT for deliveries within the EU and exclude shipping costs. The currency is always clearly stated. If an error is found in the price of the products you have ordered or in the delivery charge, we will inform you as soon as possible and offer you the option of reconfirming your order at the correct price or cancelling your order. If you cancel before packing and shipping, we will refund or re-credit you for the sum that has been debited from your credit card for the products.Deliveries outside the European Union may lead to taxes which must be paid by the recipient.
4 Order online
Ordering is allowed as from 18 years of age or older. Minors (younger than 18 years old) shall not send personal information or place orders and shall only use the services of the Shop under supervision and with approval of a parent or custodian. Frucon² and Barú shall not be liable for any use of the Shop by children or minors and shall reserve the right to refuse any orders placed by children or minors.
The ordering process includes the following steps:
1. Choose your product and add it to the shopping cart;
2. Choose a delivery method;
3. Enter the shipping address;
4. Enter the billing address together with the payment information;
5. You will be asked to accept the General Terms and Conditions;
6. You will have the opportunity to view a summary of your order.
After placing an order, you will receive an email from Frucon² confirming receipt of the order. If you pay with a credit card, you will also receive an email with the status of your payment. As soon as the goods are shipped you will also receive a notification. All orders are subject to any stock fluctuations. In case of unexpected stock breach we will inform you and we reserve the right to cancel the order.
The general terms and conditions shall apply to any legal relationship between Frucon² and the User. The User shall explicitly confirm this during the ordering process.
Some companies, located in certain countries and in possession of a valid VAT number, have the option to pay after receipt of the invoice. Frucon² reserves the right to request a prepayment on an initial order if we receive an unfavorable credit rating.
Frucon² nv retains title in the sold goods until we have received full payment of the price and shipping charges, and possible late payment interests and/or indemnities.
6 Sale Agreement
No sale agreement will exist between you and Frucon² nv until Frucon² nv packs and/or ships all products. Frucon² nv reserves the right to refuse an order, wholly or partially, in the following cases
- If your order is flagged by the security systems as an unusual order or an order suspected of fraud;
- In case of a stock issue or when a product is no longer available
- If we have reason to believe you are a reseller;
- If there was an error in the price quote;
- In the event of force majeure.
7 Countries supplied and delivery restrictions
Products are only delivered in the countries for which the website allows delivery.
PO Box addresses and military APO addresses are not accepted.
- Products will be delivered Monday through Friday, except public holidays.
- The products are delivered through us in the UK with the exception of the ‘Isle of Man’ or the ‘Channel Islands’.
- You can order for destinations on the mainland in France (not the overseas territories).
- Via our Site you can order for mainland destinations in Spain (not the islands such as the Balearic Islands or the Canary Islands).
Products are only delivered in the countries for which the Shop allows delivery (see item 7). Delivery will, as far as possible, be done within the time specified in the individual order confirmation. Any delay will in no event give rise to damages. Incorrect delivery addresses are the responsibility of the User and may give rise to additional charges that will be collected from the User. Almost all goods are shipped from Frucon². If your order is not delivered in time, you can contact us at any time at: email@example.com indicating your customer number or order number. Should we not be able to dispatch your order within 30 days of the order confirmation email, you can cancel this order free of charge and the refund will be guaranteed.
The shipment is always carried out by a professional courier. A signature is required for receiving the goods. You agree that a shipment may be delivered to a person other than the Applicant, if it is at the address indicated by you. If no-one is present at time of delivery, you will be asked to make a new appointment for a 2nd delivery attempt. This can be done by phone or via a card in the mailbox.
An overview of the delivery methods, their warranties and restrictions can be found on our delivery instructions.
9 Inadequate product or incorrect delivery
Upon receipt you must immediately inspect the goods. If you believe that the goods are not in accordance with the order, do not sign the delivery note and / or clearly state the problem on the courier's receipt. Please notify us of the problem within 24 hours, stating your order number, by sending an email to the following email address: firstname.lastname@example.org.
10 Complaints handling
Filed complaints shall be answered within 14 days following your order's receipt date. If a complaint requires a foreseeable longer processing time, we shall acknowledge receipt of your message within 14 days, indicating when you can expect a more elaborate answer.
11 Distance Selling – Right of Retraction/Cancellation
The consumer has the right to notify the seller that he waives the purchase without payment of a fine and without a statement of reasons within 14 calendar days from the day following delivery.
In case the consumer invokes this possibility, he must return the goods to Frucon² at his own risk and costs. Goods designed specifically for the User and/or which can spoil quickly will not be taken back and the User cannot rely on the waiver clause.
Returned goods will only be accepted by Frucon², provided you have not put the items in use. For a return, follow the procedure below:
Step 1: Contact email@example.com and state your order number. We will send you our return instructions by email. The return costs, which we will mention in this email, are at your expense.
Step 2: Pack the goods before returning them (do not return any used goods), if possible in original packaging and complete with original labels, accessories. The original packaging ensures that damage during return is avoided.
Step 3: Print the return label and stick it on the box/boxes. The received label will contain all information to make sure the return goes smoothly (your information, our shipping address, the courier name).
Step 4: If you have questions after step 3, please do not hesitate to contact us. If no questions, you must return the goods to us within 14 days.
Step 5: If the goods reach us in good condition, you will be refunded within 30 days. Should the goods be incomplete or damaged, we will inform you.
Note: Goods that have been designed specifically for the User and/or goods that can perish quickly (such as, without being limited to, confectionery) shall not be returned and the User may not rely upon the renunciation clause. Only online purchased goods can be returned. For all other returns, you should turn to the store where you purchased the goods.
12 Limitation of Liability
Use of the Site
Frucon² NV and Barú NV are not responsible for any discontinued availability or access to the Site, malfunctions depending on the computer system, viruses or other inconveniences that may arise from the use of this Site and the Shop (including but not limited to ‘loss of profit').
For consumers, the 2 year legal warranty applies. This warranty only covers a lack of agreement that already exists in the delivery of the goods. During the aforementioned period, the Seller undertakes to replace or repair the defective item (or a part of it) free of charge. The Seller shall reserve the right to exchange the item in the event the costs are out of proportion, or if it cannot be repaired. Any defects that manifest more than 6 months after delivery, shall be deemed not present at the time of the delivery, unless the contrary is proved by the client.
In order to take up a warranty, the client shall be able to submit the proof of purchase or invoice. The warranty shall not be transferrable. Any defects shall be notified within 2 months following their detection. After this 2-month period, there shall be no further entitlement to repair or exchange.
The warranty shall never apply to defects resulting from accidents, deterioration of the condition due to negligence, crashes, usage of the item contrary to the purpose it was designed for, non-compliance with usage instructions or the manual, adjustments or modifications made to the device, harsh handling, incorrect assembly, bad maintenance and abnormal, commercial or incorrect use. In addition, the warranty shall not apply to items with a short lifespan or in the event a third party, not assigned by the Seller, intervenes.
Use of the goods
Frucon² is not responsible for the loss or material or other damage, of any kind, which the User or a third party may suffer from using the goods. For any food items, it is recommended that persons with allergies, diabetes or any other health issues carefully read each product label containing nutritional information.
Delivery and other exclusions:
Frucon² cannot be held liable for failure to comply with any term, as all terms are purely indicative without any obligation under Frucon², nor for any other damage that may be caused by her fault or her Negligence, even in the event of a serious error. Any consequential damage or any other damage that cannot be provided by one of the parties at the time of conclusion of the sales agreement is excluded from compensation. The full liability of Frucon² will never exceed the purchase price of the product in question.
Cancellation by Frucon² of the sales contract is always possible without prior notice.
15 Intellectual Property Rights
Barú has developed this Site for your personal and non-commercial purposes. All rights, and in particular all Intellectual Property Rights, associated with this Site are governed by and are the exclusive property of Barú NV. Frucon² has developed this Shop for your personal and non-commercial purposes. All rights, and in particular all Intellectual Property Rights, associated with this Shop are governed by and are the exclusive property of Frucon². Based on these rights, it is forbidden to modify, copy, disseminate, transmit, reproduce, publish information or material contained on the Site and Shop or create derivative works.
All of this, except for the following: You may download content and make one copy for purely personal, non-commercial use, provided that you maintain in its original state the content of the material on which the Intellectual Property Rights apply. Copying or storing any content outside of personal, non-commercial use is not allowed. All other trademarks, signs, illustrations, images or emblems appearing on our products, accessories or packaging are and remain the exclusive property of Barú NV. The reproduction of this, in whole or in part, for any reason or for any means, is strictly prohibited. Also, the use of any combination with another sign, symbol, emblem or other distinctive sign is prohibited. The technology is provided and managed by Barú NV and Frucon² NV.
Within the scope of these terms and conditions, the terms listed hereafter shall be deemed to have the following meaning, unless explicitly mentioned otherwise:
Terms and Conditions: these terms and conditions and all its additions or updates.
Order: the result of the ordering process as described in article 4 of the Terms and Conditions. Upon receipt of the payment, the Order becomes a Sale;
Frucon²: Frucon² manages the webshop shop.baru.be. Frucon² is a public limited liability company, incorporated under Belgian law (so-called NV), having its registered office at 8800 Roeselare (Belgium), Schellebellestraat 8, Company Registry number Kortrijk 0806.661.106.
Barú: Barú manages the website www.nuttythins.com. Barú NV is a public limited liability company, having its registered office at 3590 Diepenbeek, Industrielaan 4, Company registered in Hasselt with the number BE0859819084;
User: someone who by entering the address of this Site or by following a link visits this Site and uses it for informative purposes or to place an order.
Ingenico Payment Services: The processing company for the payments, being Ingenico, a limited liability company with registered office at Tervurenlaan 270, 1150 Brussels and registered in the RPR in Brussels under number 0459.360.623;
Paypal: The processing company for the payments, being Paypal, a European limited liability company with registered office at EC4A 3TW Londen, New Street Square 5 (United Kingdom) and registered in the RPR in Brussels under number 0597.841.286;
Klarna Bank: The processing company for the payments, being Klarna Bank, a European limited liability company with registered office 1013AA Amsterdam, De Ruijterkade 7 (The Netherlands) and registered in the RPR in Brussels under number 689.557.063;
Adyen: The processing company for the payments, being Adyen, a European limited liability company with registered office 1011DJ Amsterdam, Simon Carmiggelstraat 6 (The Netherlands) and registered in the RPR in Brussels under the number 0681.857.144:
Site: a collection of webpages grouped together under the address of www.nuttythins.com. The possibilities of the Site range from providing static information to interactive communication with multimedia applications and the subscription to the newsletter.
Shop: a collection of webpages grouped together under the address of shop.baru.be . The possibilities of the Site range from providing static information to interactive communication with multimedia applications and the purchase of goods.
Selling: Online purchase of an item delivered at home. Payment will be made in advance. At the time of receipt of the payment, the sale will be completed.
Disputes concerning the conclusion, validity, interpretation or performance of the contract or of the current General Terms and Conditions are governed by Belgian law and under the jurisdiction of the Brussels Courts without prejudice to the right of the consumer to bring a dispute before the judge who is empowered by mandatory legislation. All parties accept the electronic evidence within the framework of their relationships (for example: email, backups, ...).
If any of the above conditions should be annulled, all other conditions will remain valid to the fullest extent permitted by the law.
In compliance with art. 14.1 of Regulation (EU) No 524/2013, you can appeal to the European Commission's alternative online dispute settlement.
This agreement supersedes any prior agreement with the User. For any questions, comments or technical issues regarding this Site you may contact us through the following information: firstname.lastname@example.org and T. +32 (0)51 69 95 05; or email@example.com and T. +32 (0)11 85 05 60.
2 TERMS AND CONDITIONS FOR CONTESTS OR GIVEAWAYS ORGANIZED AND PUBLISHED BY NUTTY THINS (BARÚ NV)
Please read our terms & conditions for contests and giveaways organized by us - NUTTY THINS (BARÚ nv) - carefully before you agree and submit your information. If you take part in a contest or giveaway and submit your information, you declare you agree with the rules and the terms & conditions as mentioned below.
These terms and conditions apply to any contests or giveaways organized and published by NUTTY THINS (BARÚ nv). Every person* can participate in any contest or giveaway for free and without any obligation to buy any products. If you participate in any contests or giveaways organized and published by NUTTY THINS (BARÚ nv), you expressly acknowledge and agree that social media channels such as Instagram, Facebook and Twitter are in no way responsible, associated or liable for anything related to the contests/giveaways.
1 IMPORTANT INFORMATION ABOUT YOUR PARTICIPATION
Every participant has to :
- follow all the rules in order to be eligible for the draw.
- be 15 years or older – because this is the age that is required by law. If you are younger than 15 years, you cannot participate. If you are younger than 18 years old, you need to have parental contest to participate.
- certify that the content you submit does not violate any rights of other third parties or any law.
Sometimes certain contests or giveaways are limited to a country or area. If this is the case, NUTTY THINS (BARÚ nv) will clearly state this in the contest or giveaway rules.
2 YOUR SUBMISSION
By participating and submitting any content (photos, videos, etc.), you agree that BARÚ can use this content for marketing/advertising/promoting purposes. We can use or edit the content you have submitted. For instance, we may use your photo to share or repost it on our social media account with our own followers. You agree that the use by us is free of any charges. Our channels include but are not limited to: Instagram, Facebook, Twitter, Pinterest and www.nuttythins.com. A person can only submit one entry.
3 DISQUALIFICATION FROM A CONTEST OR GIVEAWAY
NUTTY THINS (BARÚ nv) is reserves to right to disqualify any participants from a contest or giveaway if we have justifiable evidence to do so. Examples of reasons for disqualification include but are not limited to : manipulation of the contest, influencing the contest, etc.
4 HOW WE SELECT & INFORM THE WINNER(S)
Firstly, a participant can only be eligible if every step has been followed. After verifying that all steps have been completed or all rules have been followed, we will judge entries that have been submitted on their level of fun, creativity or originality - unless otherwise specified.
The account owner (ie. NUTTY THINS (BARÚ nv)) will select the winner(s).
We do not take any entries from NUTTY THINS (BARÚ nv) employees or any of their direct family members.
NUTTY THINS (BARÚ nv) will contact and inform the winner(s) as soon as possible after they have been chosen on the stated announcement date.
The winner(s) will be contacted via Facebook, Instagram, email or a direct message on our social media; or they will be asked to send an email to firstname.lastname@example.org with their details.
A winner has 7 days to respond and submit their contact details and address to NUTTY THINS (BARÚ nv). This information is needed for NUTTY THINS (BARÚ nv) to be able to send the prize.
In case the winner does not reply within 7 days, the prize will not be sent and the prize will be cancelled and cannot be reclaimed.
We only send the prize directly to the winner and only to the address that the winner has provided us with. The prize will be as stated in the contest or giveaway.
NUTTY THINS (BARÚ nv) is entitled to change to the content of the prize if we think this is necessary. The prize will remain the same value. For instance, in the event of a stock shortage we may switch a product for another product of the same value.
We do not exchange any prize for an equivalent cash value.
5 TERMS & CONDITIONS : UPDATES
NUTTY THINS (BARÚ nv) reserves the right to change these Terms and Conditions or terminate the Contest at any time. NUTTY THINS (BARÚ nv) will communicate any changes or termination on our website www.nuttythins.com and/or on our social media channels.
6 PERSONAL INFORMATION
Any personal data that you as a participant provide to NUTTY THINS (BARÚ nv), in connection to contests, will be saved by us. NUTTY THINS (BARÚ nv) is entitled to give any personal data to third parties involved in the contest, in order to provide a winner with a prize. For instance, we need to give your address to the post office so they can deliver the package with your prize Any information you provide to NUTTY THINS (BARÚ nv) must be accurate and complete. We only ask for information that is necessary to be able to send your prize (name, address, email address and/or phone number).
Should you have any issues or questions about all of this, please do not hesitate to contact us. You can contact us as follows :
- by post : BARÚ nv, Industrielaan 4, 3590 Diepenbeek, Belgium
- by email : email@example.com or firstname.lastname@example.org
- by phone : +32 11 85 05 60
You also have the right to lodge a complaint with the Commission for the Protection of Privacy should you wish.
TERMS AND CONDITIONS FOR CONTESTS OR GIVEAWAYS last updated on 30th July 2018.
*Please read “your participation”.