General Conditions

Table of contents 

Article 1 – Identity of the enterprise
Article 2 – Applicability
Article 3 – The offer
Article 4 - The agreement
Article 5 - The price
Article 6 – Delivery, control, and implementation
Article 7 – Payment
Article 8 – Disputes 

Article 1 – Identity of the

Company name: Borgesius Group B.V.
Branch- and visiting address: Industriestraat 7, 9502 EJ, Stadskanaal, the Netherlands (exclusively by appointment)
E-mail address: available on business days from 9:00 AM to 6:00 PM
Chamber of Commerce number: 59343893
VAT-number: NL853432090B01

 Article 2 – Applicability

1.     These general conditions are applicable to every offer of the enterprise and to each concluded agreement and/or distance agreement between the enterprise and client and can be forwarded upon request of the client as soon as possible and free of charges.

2.     If the distance agreement is concluded electronically, in derogation to the preceding section and before the distance agreement is concluded, the text of these general conditions can be provided to the client through electronic channels, in such a manner that they can be simply saved by the client on a durable information carrier. If this is not reasonably possible, before the distance agreement is concluded it will be indicated by Borgesius Group B.V. upon request of the client where these general conditions can be consulted through electronic channels.

 Article 3 – The offer

1.     The offer contains a complete and precise description of the products, digital content and/or services offered. The description is sufficiently detailed to render possible a proper evaluation of the offer by the client. If the enterprise makes use of pictures, they are a truthful rendition of the products, services and/or digital content offered. Apparent mistakes or apparent errors in the offer do not bind the enterprise.

2.     Every offer contains such information that it is clear to the client what the rights and obligations are that are associated with acceptance of the offer. If the client were to desire to apply changes after conclusion of an agreement, the enterprise will at all times reserve itself the right to pass on any such additional costs as may be incurred and to refuse delivery.

3.     All industrial and intellectual rights of the enterprise with regard to logos, analyses, designs, pictures, descriptions, formulas, recipes, models, documents, products, etcetera belong to the enterprise and it is never permitted to the client to copy, imitate and/or share with third parties such, unless stated otherwise.

 Article 4 - The agreement

1.     Subject to what is established in section 4, the agreement is concluded at the moment of acceptance by the client of the offer and of compliance with the conditions thereby stipulated.

2.     If the client has accepted the offer through electronic channels, the enterprise confirms the receipt of the acceptance of the offer through electronic channels. As long as the receipt of this acceptance has not been confirmed by the enterprise, is the enterprise can reject and/or rescind the agreement or the offer made free of charges.

3.     If the agreement is formed electronically, then the enterprise takes suitable technical and organisational measures to protect the electronic transmission of data and ensures a safe web environment. If the client can pay electronically, then the enterprise will observe suitable safety measures to this end.

4.     The enterprise can inform itself within the legal boundaries of whether the client is able to comply with his payment obligations, as well as of all such facts and factors as may be of importance for the responsible conclusion of the distance agreement. If the enterprise on grounds of this investigation has legitimate grounds not to enter into the agreement, it has the right to refuse an order or request, or to subject the implementation to special conditions.

5.     The enterprise will at the latest upon delivery of the product, the service, or digital content, send the following information to the client, in writing or in such a manner that it can be stored by the consumer in an accessible manner on a durable information carrier:

  • the visiting address of the branch of the enterprise where the client can refer to with complaints;
  • the price including all taxes of the product, service, or digital content; to the extent known and applicable, the costs of delivery; and the manner of payment, delivery, or implementation of the distance agreement.

6.     The client cannot rescind a confirmed agreement. In case the client however does want to rescind an agreement, the client must inform us accordingly in writing (by e-mail), as described in article 6. Subsequently, the enterprise will determine what measures are applicable.

7.     The enterprise guarantees that the products and/or services are compliant with the agreement.

 Article 5 - The price 

The prices of the offered products and/or services are listed in euros, unless established otherwise in writing and barring price changes as a result of changes to VAT rates.

 Article 6 – Delivery, control, and implementation

1.     The enterprise will observe the greatest possible diligence upon the receipt and upon the implementation of orders of products.

2.     As the place of delivery applies the address communicated by the client to the enterprise.

3.     With due observance of what is stated concerning in article 4 of these general conditions, the enterprise will carry out accepted orders with all due speed, unless another delivery term as been established. If delivery and/or production encounters delays, or if an order cannot or can only partially be carried out, the client is notified.

4.     Control after receipt of your order/products: control immediately after receipt of your order whether the items have been delivered undamaged, complete, and as agreed upon. If such were not to be the case, you must report this within 24 hours after receipt through to us, with a description and stating the order and/or invoice number. When you put to use the items, the delivery has been accepted and they can no longer be exchanged or sent back. In case the enterprise accepts a return shipment, the items must be sent back to us complete, unused, and undamaged and in the original state and/or packaging.

5.     We refund you by way of the same means of payment as you used for the original transaction, unless you have expressly agreed otherwise.

6.     The enterprise also reserves itself the right not to be liable for any type of damage: claim(s), damage to packaging and/or products, defective products, damage of third parties, etcetera, and can always reject such.

7.     All products delivered and to be delivered by the enterprise remain its property, in name and at the risk of the client, until the client has complied with all his obligations. In addition, the client will at all times grant access for the enterprise to the products of the enterprise and it is not permitted to the client to move, process, use, resell, etc. the products of the enterprise for as long as the property still lies with the enterprise and client has not complied with his payment and/or other obligations as stated in these general conditions, unless established otherwise in writing.

8.     It is the own responsibility of the client to comply with all set legal and/or government requirements and/or regulations with regard to the storage and the use of the products.

 Article 7 – Payment

1.     To the extent not established differently in the purchase, agreement, or additional conditions, the amounts owed by the client must be settled in euros within 14 days after conclusion of the agreement. In addition, the enterprise always has the right to apply advance payment and/or to demand other forms of payment security.

2.     The client has the obligation to immediately report inaccuracies in provided or listed payment information to the enterprise.

3.     If the client does not timely comply with his payment obligation(s), the enterprise has the right to bill the costs incurred by him as well as extrajudicial collection costs. In addition, it confers the right to the enterprise to thereby block the delivery(/-ies) and/or orders until the payment has been settled. The enterprise may deviate from this rule to the advantage of the client.

 Article 8 – Disputes 

To agreements between the enterprise and the client that these general conditions are in regard to, Netherlands legislation is exclusively applicable.