Bigtrea BV operates the www.bigtrea.com website, which provides the SERVICE.
This page is used to inform website visitors regarding our policies with the collection, use, and disclosure of Personal Information if anyone decided to use our Service, the bigtrea.com website.
Information Collection and Use
For a better experience while using our Service, we may require you to provide us with certain personally identifiable information, including but not limited to your name, phone number, and postal address. The information that we collect will be used to contact or identify you.
We want to inform you that whenever you visit our Service, we collect information that your browser sends to us that is called Log Data. This Log Data may include information such as your computer’s Internet Protocol (“IP”) address, browser version, pages of our Service that you visit, the time and date of your visit, the time spent on those pages, and other statistics.
Cookies are files with small amount of data that is commonly used an anonymous unique identifier. These are sent to your browser from the website that you visit and are stored on your computer’s hard drive.
Our website uses these “cookies” to collection information and to improve our Service. You have the option to either accept or refuse these cookies, and know when a cookie is being sent to your computer. If you choose to refuse our cookies, you may not be able to use some portions of our Service.
For more general information on cookies, please read “What Are Cookies”.
We may employ third-party companies and individuals due to the following reasons:
- To facilitate our Service;
- To provide the Service on our behalf;
- To perform Service-related services; or
- To assist us in analyzing how our Service is used.
We want to inform our Service users that these third parties have access to your Personal Information. The reason is to perform the tasks assigned to them on our behalf. However, they are obligated not to disclose or use the information for any other purpose.
We value your trust in providing us your Personal Information, thus we are striving to use commercially acceptable means of protecting it. But remember that no method of transmission over the internet, or method of electronic storage is 100% secure and reliable, and we cannot guarantee its absolute security.
Links to Other Sites
Our Services do not address anyone under the age of 13. We do not knowingly collect personal identifiable information from children under 13. In the case we discover that a child under 13 has provided us with personal information, we immediately delete this from our servers. If you are a parent or guardian and you are aware that your child has provided us with personal information, please contact us so that we will be able to do necessary actions.
Terms and conditions of sale and delivery – Business (B2B)
If you are doing business with bigtrea BV (B2B) directly or via our webshop www.bigtrea.com, the following terms and conditions of sale and delivery apply:
These terms and conditions of sale and delivery apply to orders and purchases from bigtrea BV. These terms together with the parties purchase agreement and bigtrea BV’s offer, order confirmation and invoice constitutes the full agreement. If there is a conflict between bigtrea BV’s order confirmation, the parties co-operation agreement and/or these terms and conditions they shall prevail in that order. The buyer’s terms and conditions of purchase shall not apply unless they are accepted in writing by bigtrea BV. In case of conflict between the buyer’s terms and conditions and bigtrea BV’s terms and conditions the latter shall prevail.
Conclusion of purchase agreement
An order is not binding for bigtrea BV before the buyer has received a written or electronic order confirmation from bigtrea BV. If the order confirmation deviates from the buyer’s order and if the buyer will not accept such deviation, the buyer must in writing notify this to bigtrea BV within 5 days from the receipt of bigtrea BV order confirmation, but no later than 1 day before the delivery date. If the buyer cancel the order before delivery, but after having accepted Bigtrea BV’s order confirmation, the buyer shall cover all costs bigtrea BV may have in relation to the cancellation, including – but not limited to – loss of profits. Offers from bigtrea BV is only binding for bigtrea BV, if bigtrea BV receives an unqualified acceptance from the buyer within 8 days of the offer. bigtrea BV’s information on price, delivery, characteristics, capacity, and technical data is purely indicative and does not constitute a warranty or guarantee. bigtrea BV is not liable if the delivered products do not meet the buyer’s needs or purpose of use.
All prices, including prices according to bigtrea BV’s price lists, are daily prices excl. VAT, other prices include public taxes and packaging for tranportation. bigtrea BV is without notice entitled to change the price lists and catalogues any time before acceptance. bigtrea BV is entitled to adjust the price if the production and delivery costs as well as the costs to suppliers are increased by more than 5 % in the period from bigtrea BV order confirmation and until delivery. If the buyer cannot accept the adjusted price, the buyer is in writing entitled to cancel the order within 8 days of the notification of the adjustment. bigtrea BV prices are per unit and based on purchase in full packaging units. A fee will be invoiced in case of breakage of the packaging unit.
Terms of delivery
Delivery is according to the ICC’s INCOTERMS 2010 Ex Works clause, after which, when the goods are ready for delivery, the risk passes and all costs associated with the transport are borne by the buyer. The buyer is in due time obligated to notify bigtrea BV of the means of transportation. If bigtrea BV does not receive the notification in due time, bigtrea BV is entitled to choose the means of transportation at the buyer’s risk and expense. In the event that the delivery is delayed, bigtrea BV is obligated to inform the buyer of the delay. The buyer cannot put forward any claims, including economical claims, against bigtrea BV due to the delay, but the buyer is entitled to cancel the purchase, if the delay is more than 60 days from the agreed delivery date. However, the buyer is not entitled to cancel the purchase if the delay is due to force majeuere, the buyer’s fault or the carrier’s fault. In the event that the buyer does not take delivery at the agreed delivery date, including breach of the obligation to collect the goods, bigtrea BV is entitled to terminate the agreement and claim damages. Furthermore, bigtrea BV is entitled resell or store the goods at the buyer’s risk and expense. Return of goods and packaging can only take place by prior written agreement, and only with an applied bigtrea BV return order number and will be at the buyer’s expense. Pallets, boxes or other packaging, which are charged separately, will not be credited. Does the return arrive without a clearly written return order number, bigtrea BV will refuse to accept the shipment. A return shipment will be approved by bigtrea BV, when the following criteria are met: – max. 4 weeks to cancel the order between bigtrea BV and bigtrea BV’ customer (from date of invoice) – bigtrea BV take a handling fee of 25%, which is deducted from the credit note – The item must be fully intact packaging and must not have been opened. By fully intact packaging is meant resaleable packaging without pressure marks, without labels, without handwriting. A return shipment will be refused, if the sales packaging is not intact upon arrival at bigtrea BV warehouse, and bigtrea BV will invoice a handling fee on 25% of the value of the goods refused, covering bigtrea BV’ handling of the shipment. The customer will be asked to pick up the refused items, which must be done within 2 weeks. If the item will not be picked up within 2 weeks, bigtrea BV will destroy and or dispose it to the buyer’s expense.
Terms of payment
The term of payment is prepayment if nothing else has been negotiated and stated in the order confirmation. In the event of late payment an interest of 2 percent per commenced month will be added, until payment is made. The buyer is not entitled to offset all or part of the purchase price, and any notice of lack of conformity in accordance with section 7 does not entitle the buyer to withhold the purchase price. If the buyer breaches one or more of the herein mentioned obligations in the contract, including the obligation to pay the purchase price, bigtrea BV is entitled to cancel the agreement, sell the goods at the buyer’s expense to a third party and/or claim damages. bigtrea BV is entitled to claim damages for its losses, including indirect losses.
Retention of title
Subject to the restrictions imposed by mandatory law, the goods shall remain the property of bigtrea BV until the entire purchase price plus the accrued costs have been paid to bigtrea BV. This retention of title clause is still in force if the goods will be used in the buyer’s products or mixed with the buyer’s goods of other suppliers. In that event the retention of title shall comprise the transformed or processed product to an extent equal to the value represented by the sale from bigtrea BV. The buyer is obligated to keep the goods insured against theft, burglary, fire etc. as long as the goods are covered by this retention of title clause.
Notice of lack of conformity
Any notice of lack of conformity shall be submitted within 8 days from receipt of the goods. If the defect is non-visible a notice of lack of conformity shall be submitted within 8 days from the date the buyer becomes aware or should have become aware of the lack of conformity, but no later than 1 year from the date of delivery. Despite the above mentioned, the buyer is obligated to submit a notice of lack of conformity to bigtrea BV in such a timely manner that bigtrea BV will be able to submit notification to the carrier, if bigtrea BV has been responsible for the transportation and the defects on the goods are due to the transportation. bigtrea BV cannot be held liable, if the buyer does not submit a notice of lack of conformity in due time. Prior to returning the goods, bigtrea BV shall accept the complaint. A notice of lack of conformity shall be in writing and contain a precise indication of the defects. bigtrea BV is not liable in the event of defects, damages or wears occurs due to improper use, breach of instructions and guidelines, improper assembly by the buyer, changes made to the goods by the buyer or repairs that the buyer has done incorrectly, lack of maintenance and common wear and tear. bigtrea BV is not liable for other direct or indirect costs due to defects in one of bigtrea BV’s products.
Limitation of liability
bigtrea BV is liable under the general rules of Dutch law. However, bigtrea BV cannot be held liable for the buyer’s indirect losses, including – but not limited to – loss of business, loss of profits, loss of goodwill or any other incidental loss. bigtrea BV’s liability is any event limited to the value of the goods supplied.
bigtrea BV cannot be held liable if the failure to fulfil its obligations is due to a reason beyond bigtrea BV’s control, such as strikes, lock-outs, export or import bans, embargos, delayed or inadequate delivery of materials from subcontractors, unexpected stop of production, lack of energy resources or transport, hacker attacks, unforeseen downtime on systems, seizures and other similar circumstances. In case of force majeure, bigtrea BV is entitled to extend the delivery time accordingly or to cancel the agreement. Save as if the agreement is canceled, the parties is obligated to fulfil the agreement upon the cease of the force majeure event. Both parties are entitled to cancel the agreement if the force majeure event occurs for more than 3 months.
Subject to the restrictions imposed by mandatory law, bigtrea BV is only liable for damage caused by products to persons or property if it is proven that the damage is due to defects or negligence on a product supplied by bigtrea BV and it is proved that 1) the product is defect, 2) the damage is due to the defect, and 3) there is a causal link between the defect and the damage. Furthermore, bigtrea BV is not liable for damage to real estate and damage to chattels that occurs while the product is in possession of the buyer. bigtrea BV is as well not liable for damage on products that is manufactured by the buyer and in which the product supplied by bigtrea BV is included. The buyer is obligated to indemnify bigtrea BV if bigtrea BV is held liable and the liability is beyond the liability described above in this contract. The buyer is obligated to have a product liability insurance covering any product liability that may be claimed against the buyer without recourse against bigtrea BV. The buyer is obligated to accept a legal action brought against the buyer at the same court or arbitration tribunal that is processing an action against bigtrea BV regarding product liability.
bigtrea BV has the exclusive right to all copyrights, design rights, trademark rights and other intellectual property rights (registered as well as non-registered) that is used, created or contained in or arising as a result of or in connection with the delivery of bigtrea BV’s goods.
By using www.bigtrea.com, the buyer accepts that bigtrea BV is using cookies. A cookie is a small text file that is stored on the buyer’s computer in order to keep track on the buyer’s actions on the webpage and in order to recognize the computer. A cookie is not a program and it is does not contain any viruses.
Governing law and jurisdiction
Trade between the parties are subject to Dutch law. Any dispute that may arise in connection with the parties trade shall be settled by a Dutch court with the District Court of Maastricht as first instance.