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Terms & conditions

Terms & conditions

General Conditions
BG E-Commerce BV (BGE) Postbus 815 6800 AV Arnhem 
Chamber of Commerce 53769708 VAT NL851010428B01 
Clause 1. Applicability The terms and conditions as stated in this document are applicable to all quotes, agreements and other services rendered by us. All of our offers (including price quotes, brochures and price lists) are without obligation and may be revoked, even after acceptance by us. Revocation after Customers acceptance needs to occur immediately. Deviation from these terms and conditions are binding only after they have been confirmed in writing by us.
Clause 2. Listed products, price and order The list of products and prices offered by the vendor on his Internet pages is not binding. A valid contract will not take effect until after the order has been confirmed or after the vendor has delivered. We try to keep the content of this site up to date and accurate. However, we will not be held responsible for typographical errors and modifications to product descriptions, including prices, or any other content on the site.
Clause 3. Changes and Additions Anything stated within these general conditions can only be deviated from after written confirmation, in which case the other conditions will remain in force unabridged.
Clause 4. Delivery terms We try to remain within our stated delivery times as much as possible. If we are likely to exceed our indicated time frame, we will notify the Customer within one (1) month from the time that the Customer has placed his order. In this case, the Customer has the right to cancel the order without extra charges and any amount previously paid will be reimbursed.
BGE’s accountability for the goods expires upon delivery to the Customer at the shipping address provided. The Customer is obligated to accept the goods and in the case of neglect BGE has the right to sell the items to a third party. The financial obligation will remain in place.
Clause 5. Returns If the Customer is not completely satisfied with the purchased items he/she must return them within 7 days of receipt. The items must be intact and unused. When returning the goods, the Customer must follow the guidelines for returns as specified on the BGE website.
Clause 6. Neglect Without any prejudice to its right to receive compensation for costs, damages and interest, BGE has the right to terminate the Agreement, without giving any notice of default and without intervention by the court if during the period of the Agreement and delivery the Customer fails to comply with one or more of his obligations consequent to this Agreement or fails to make good on these obligations fully or on time; this right to terminate the Agreement also applies in the case of Customer death or if he/she has been placed under legal restraint or when he/she requests suspension of payment or if he/she has been declared bankrupt; also in any case of the Act on Debt Restructuring for Natural Persons having been declared applicable or if the Customer establishes himself or his corporate seat abroad; also in any case of the item having been seized or attached or in any case where BGE becomes aware of circumstances during the intermediate period which are of such a nature that, had we been aware of them, we would not have concluded the Agreement. The Customer is obligated to cooperate fully with BGE so as to enable BGE to reclaim the items.
Clause 7. Warranty In the instance where BGE delivers products to the Customer which we received from or for which we used the services of third parties, we shall not give further warranty than we can claim from those parties. Complaints regarding visible defects must be received by us within 7 days after the Customer has received the goods. Complaints that we receive after 7 days shall not be honoured. Normal wear and tear is not included in our warranty. During the warranty term BGE is free to decide whether or not to grant the warranty or to let the supplier carry out the warranty.
Clause 8. Reservation of property All goods delivered to the Customer remain the property of BGE untill all payments due have been received.
Clause 9. Prices Unless explicitly stated otherwise, all prices given are expressed in euros and are including VAT. Unless explicitly stated otherwise, all shipping and packaging costs are at the expense of the Customer, as well as any remaining levies and taxes that arise from shipment of the goods. Prices are valid at the time of Agreement between BGE and the customer. If the situation changes subsequent to the Agreement, but before the delivery, BGE has the right to hold the Customer responsible for the extra costs. Discounts are only granted once. Former discounts do not give the Customer the right to claim further discounts automatically.
Clause 10. Payment The Customer must pay all amounts owed by credit card via our Payment Provider: ‘Ogone Payment Services’. All of BGE’s bills must be paid without discount or deduction, unless The Customer was given the right to a discount by BGE, in which case the burden of proof falls on The Customer. The Customer is not entitled to a deduction. Also, the Customer does not have the right to defer payment obligation.
Clause 11. Liability and indemnification We and the persons who act on our behalf to execute our Agreement, including our staff, can in no way be held responsible by The Customer for damages of any kind, including loss of business and other indirect damage incurred by any party, ensuing from, or in connection with products delivered by us or made available by us, except when such damages are deliberate or are the result of gross negligence. The Customer indemnifies us, and persons mentioned in the previous paragraph, against claims by third parties against which we can not appeal under the terms stated. Our liability will be limited in all circumstances to the amount invoiced or yet to be invoiced.
Clause 12. Force Majeure In the case of Force Majeure we are entitled to regard the Agreement as annulled, without legal intervention and without obligation to indemnify The Customer. As Force Majeure that prevents us from fulfilling our obligations will be regarded all external causes that cannot be imputed to us, and that obstruct or are objectionable in such a manner that fulfilling these obligations can not be reasonably expected by The Customer.
Clause 13. Customer’s Obligations The Customer is responsible for supplying all necessary data to enable completion of the ordering process in a timely manner. Moreover, the Customer is responsible for transferring the correct and complete data promptly to our data system. BGE will only use the Customer’s data for its own purposes and will not sell any information to third parties.
Clause 14. Settlement of dispute In the case of deviations from the statutory rules for the authority of the Civil Lawyer, every dispute between the Customer and BGE will be settled by the Court of Justice in Arnhem, the Netherlands. However, BGE remains entitled to summon the buyer for the lawyer according to the law, or to the applicable international convention.
Clause 15. Sundry Clauses All our offers and Agreements reside under the law of The Netherlands.
If any clause in this document is not applicable in the opinion of a competent legal court or is in violation of the law, only that clause will be considered not applicable and the parties will replace this clause by one or more clauses that correspond as closely as possible to the conflicting clause, while the other clauses in this document will remain in effect.
When BGE implicitly or explicitly permits or uses deviations from these general conditions, BGE still has the unhindered right to demand strict observance of these general conditions. One can never claim any right based on the fact that BGE applies these general conditions in a flexible way.