Algemene voorwaarden
GENERAL CUSTOMER TERMS AND CONDITIONS
General Customer Terms and Conditions of Bakr&Berg B.V. for customers ordering products online via the website www.bakrberg.com.
Article 1 – Applicability
1.1 These General Customer Terms and Conditions apply to all offers, legal acts, deliveries, services (including any advice), and agreements conducted by Bakr&Berg B.V. concerning the sale and delivery of products through the Bakr&Berg website.
1.2 Placing orders on the Bakr&Berg Website constitutes automatic acceptance of the applicability of the General Customer Terms and Conditions.
1.3 Bakr&Berg expressly rejects any general (purchase) terms and conditions of the Customer.
1.4 Deviations from and additions to the General Customer Terms and Conditions must be explicitly agreed upon in writing. Verbal agreements or promises made by Bakr&Berg are only binding if confirmed in writing by Bakr&Berg. The Customer cannot derive rights for future interactions with Bakr&Berg based on any previously agreed-upon deviations or additions.
Article 2 – Definitions
2.1 Bakr&Berg: the private limited liability company Bakr&Berg B.V. and/or its subsidiaries and/or legal successors.
2.2 Customer: the legal entity or natural person who has entered into the Agreement with Bakr&Berg.
2.3 T&C: these General Terms and Conditions.
2.4 Agreement: the agreement for the delivery of products by Bakr&Berg to the Customer.
2.5 Written: in writing or via email.
2.6 Products: the products offered by Bakr&Berg on its website.
2.7 Intellectual Property: all intellectual property rights and related rights, including copyrights, trademark rights, patent rights, design rights, trade name rights, database rights, and neighboring rights.
2.8 Website: www.bakrberg.com.
2.9 Personal Data: personal data as defined in the General Data Protection Regulation (GDPR).
2.10 Day: business day.
Article 3 – Identity of Bakr&Berg
Bakr&Berg B.V.
Postal Address: P.O. Box 19320, 3501 DH, UTRECHT
Email Address: info@bakrberg.com
Chamber of Commerce Number: 80725732
VAT Identification Number: NL861775880B01
Article 4 – Offer and Agreement
4.1 All offers, price quotations, fees, and timeframes provided by Bakr&Berg are non-binding unless explicitly stated otherwise.
4.2 Obvious mistakes or errors in the offer are not binding for Bakr&Berg.
4.3 An Agreement is only concluded once an application or order from or on behalf of the Customer has been confirmed in Writing by Bakr&Berg. The administrative data of Bakr&Berg are decisive and binding regarding the content of the Agreement and serve as proof of the Agreement.
4.4 Bakr&Berg reserves the right to reject applications or orders or to attach specific conditions to the delivery of Products. If an application or order is not accepted, Bakr&Berg will notify the Customer within 3 (three) Days after receiving the order.
4.5 The Customer guarantees that the information provided in the application is accurate and complete.
4.6 If the Customer accepts the offer electronically, Bakr&Berg will promptly confirm receipt of the acceptance electronically. As long as this confirmation has not been provided by Bakr&Berg, the Customer may not dissolve the Agreement.
Article 5 – Delivery and Execution of the Agreement
5.1 Bakr&Berg will make every effort to execute the Agreement carefully and properly, in accordance with the Written arrangements made with the Customer.
5.2 The place of delivery is the address provided by the Customer to Bakr&Berg.
5.3 Bakr&Berg will execute accepted orders with due speed, but no later than 5 (five) Days, unless a longer delivery term has been agreed upon. The order will be shipped via PostNL or another carrier.
5.4 All delivery timeframes mentioned by Bakr&Berg are indicative and can never be considered a strict deadline.
5.5 Bakr&Berg delivers exclusively within the Netherlands.
5.6 The risk of damage or loss of Products rests with Bakr&Berg until the moment of delivery to PostNL or another carrier, unless explicitly agreed otherwise.
5.7 Bakr&Berg reserves the right to deliver the order in parts. In such cases, Bakr&Berg will communicate the delivery schedules with the Customer.
5.8 If the statutory maximum delivery period of 30 (thirty) days is exceeded, the Customer has the right to dissolve the Agreement free of charge. The Customer must notify Bakr&Berg of this in Writing. Any payments made will be refunded within 14 (fourteen) Days after notification to the Customer.
Article 6 – Prices and Payments
6.1 All prices and rates are in Euros and include VAT.
6.2 For administrative and shipping costs within the Netherlands, we charge €4.95. For orders of €50.00 or more, shipping costs are waived. Different rates apply for international shipping.
6.3 All prices and rates stated on the Website and in Bakr&Berg mailings are subject to changes, programming, and typographical errors.
6.4 Unless otherwise agreed, payment of the amount due to Bakr&Berg is made through an online payment transaction. The Customer is not entitled to offset payments.
6.5 Payments can be made via credit card (Mastercard, VISA, or American Express), iDeal, and gift card. If the Customer opts for iDeal, the total purchase price must be paid in advance.
6.6 Bakr&Berg reserves the right to suspend its obligations under the Agreement in case of attributable non-fulfillment of the Customer's obligations under the Agreement.
6.7 If the payment is made via credit card, the following applies: The credit card details provided will be verified before payment is processed. Products will only be shipped to the address provided during the order as the address of the credit cardholder.
Article 7 – Complaints and Returns
7.1 After receiving the ordered Products, the Customer has a reflection period of 14 (fourteen) days to dissolve the Agreement with Bakr&Berg without giving any reason and to return the Products. The full transport costs for returns are at the Customer's expense.
7.2 If the Customer exercises their right of withdrawal, they must notify Bakr&Berg within the reflection period using the withdrawal form. During the reflection period, the Customer must handle the Product and packaging carefully. The Product may only be inspected as it would be allowed in a store. The Customer is liable for any reduction in the Product's value resulting from handling that exceeds what is permitted. Products must be returned as soon as possible but no later than 14 (fourteen) days from the date of withdrawal. The Products must be returned to a return address specified by Bakr&Berg. The risk and burden of proof for proper and timely exercise of the right of withdrawal lie with the Customer.
7.3 Only returns of original, undamaged packaging will be accepted. Opened or damaged packaging will not be accepted. Opening the packaging or using the Product implies the Customer wishes to keep the Product.
7.4 Bakr&Berg will refund the paid amount to the Customer within 3 (three) Days after receiving the returned Product in good condition. Refunds will be issued after deducting any shipping costs unless these have been paid by the Customer. Bakr&Berg reserves the right to reject returned Products or only credit part of the paid amount if the Products are not in good condition.
7.5 Bakr&Berg excludes sealed products that are unsuitable for return due to health or hygiene reasons if the seal has been broken after delivery from the right of withdrawal.
Article 8 – Complaints
8.1 Complaints regarding the execution of the Agreement must be submitted to Bakr&Berg within a reasonable period, fully and clearly described, after the Customer has discovered the defects.
8.2 Complaints submitted to Bakr&Berg will be answered within 10 (ten) Days from the date of receipt. If a complaint requires a longer processing time, Bakr&Berg will reply within the 10-day period with an acknowledgment of receipt and an indication of when the Customer can expect a more detailed answer.
8.3 The Customer must give Bakr&Berg at least 6 (six) weeks to resolve the complaint in mutual consultation.
8.4 Complaints about defects expire no later than two years after the time of delivery of the Products.
Article 9 – Privacy
9.1 Bakr&Berg processes Personal Data in accordance with its policy as described in its privacy statement.
Article 10 – Liability
10.1 All instructions on the packaging and accompanying leaflets must be followed by the Customer. No liability is accepted for improper use and/or handling.
10.2 Bakr&Berg is neither responsible nor liable for any allergic reactions to the Products.
10.3 Except in cases of intent or gross negligence, Bakr&Berg is not liable for damages arising from the inaccuracy, incompleteness, and/or illegality of the content on the Website, improper use of the Website by the Customer, or the provision of incorrect information by the Customer. Furthermore, except in cases of intent or gross negligence, Bakr&Berg is not liable for damages resulting from the Products it supplies, any shortcomings in the execution of the Agreement, or the violation of any other obligations towards the Customer.
10.4 Any damage, as referred to in paragraph 1 of this article, which the Customer believes to be attributable to intent or gross negligence on the part of Bakr&Berg, must be reported in Writing to Bakr&Berg as soon as possible, but no later than 30 (thirty) days after its occurrence. Damage not reported within this period will not be eligible for compensation, unless the Customer can demonstrate that it was not reasonably possible to report the damage earlier.
10.5 The liability of Bakr&Berg shall never exceed €2,000.00.
Article 11 – Force Majeure
11.1 If Bakr&Berg is prevented or severely hindered from fulfilling any obligation due to force majeure, Bakr&Berg is entitled to suspend or cancel its obligations under the Agreement without the Customer having any claims against Bakr&Berg. If the period of force majeure lasts longer than 3 (three) months, both the Customer and Bakr&Berg are entitled to terminate the Agreement in Writing, without being liable for damages to the other party.
11.2 Force majeure includes, in addition to what is defined by law and jurisprudence, all external causes, whether foreseen or unforeseen, beyond the control of Bakr&Berg, which prevent Bakr&Berg from fulfilling its obligations. Force majeure specifically includes, but is not limited to: war, the threat of war, civil war, riots, floods, water damage, natural disasters, fire, acts of terrorism, transportation difficulties, unforeseen technical complications, pandemics and their possible consequences, business disruptions, strikes at Bakr&Berg or its suppliers, and failures by suppliers of Bakr&Berg to meet their obligations.
Article 12 – Customer Account
12.1 If the Customer creates an account via the Website, the Customer guarantees that the respective user is authorized to place orders on behalf of the Customer.
12.2 Account details are strictly confidential and are intended solely for use by the authorized user. The Customer shall handle the username and password with strict confidentiality and shall not disclose them to third parties.
Article 13 – Bakr&Berg Gift Card
13.1 The Bakr&Berg gift card can be redeemed in the online shop on the Website.
13.2 Discounts are not valid for the purchase of a gift card. Additionally, it is not possible to pay for a Bakr&Berg gift card using another gift card or voucher, such as the Bakr&Berg gift card.
13.3 The Bakr&Berg gift card is not exchangeable for cash. The credit is valid indefinitely and can be used in one transaction or in multiple parts. If the balance of the Bakr&Berg gift card is insufficient, the remaining amount for the purchase of certain items can be paid using another payment method.
13.4 The use of the Bakr&Berg gift card is the sole responsibility of its holder. Bakr&Berg is in no way liable for theft, loss, forgery, or misuse of the gift card. Bakr&Berg will never reimburse or refund the remaining balance. Bakr&Berg reserves the right to refuse payment with the gift card if payment is not possible due to a technical malfunction.
13.5 If the Customer wishes to return a Product purchased with a Bakr&Berg gift card, this is, of course, possible. If the order was paid using both a Bakr&Berg gift card and another payment method, the refund will be made using the same payment methods as used for the purchase.
13.6 If the Customer wishes to return a Product purchased with a Bakr&Berg gift card, the balance will be refunded back onto the gift card. For payments made partially with a gift card and partially with another payment method, the refund will be processed using the same payment methods as used during the original transaction.
Article 14 – Miscellaneous
14.1 If Bakr&Berg, whether explicitly or tacitly, permits deviations from these Terms and Conditions over a short or extended period, this does not affect its right to demand immediate and strict compliance with these Terms and Conditions at any time.
14.2 If one or more provisions of these Terms and Conditions or any other agreement with Bakr&Berg are found to conflict with applicable legal regulations, the conflicting provision will be void and replaced by a comparable provision determined by Bakr&Berg that is legally permissible.
14.3 Bakr&Berg does not provide medical advice, nor does it diagnose or treat skin conditions.
14.4 Bakr&Berg is authorized to engage third parties in the execution of your order(s), whether through subcontracting or temporary personnel hire. These third parties are authorized to act as representatives of Bakr&Berg in carrying out the Agreement. The liability provisions outlined in Article 11 also apply to these third parties.
Article 15 – Applicable Law and Competent Court
15.1 All rights, obligations, offers, orders, and agreements to which these General Terms and Conditions (GTC) are wholly or partially applicable, as well as the GTC themselves, are exclusively governed by Dutch law.
15.2 The provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG) do not apply, nor do any future international regulations concerning the sale of movable goods, insofar as their applicability can be excluded by the parties.
15.3 All disputes arising between Bakr&Berg and the Customer in connection with the Agreement or its interpretation or execution will be exclusively submitted to the competent court in The Hague.
These General Terms and Conditions may be amended from time to time. This version is dated June 2022.
Fill out this form and email it to info@bakrberg.com if you wish to withdraw from the Agreement. You can send the completed form to info@bakrberg.com.