These Terms and Conditions govern the relationship between bigtrea B.V. and its customers.

1. Scope

These Terms and Conditions of sale and delivery apply to all orders and purchases from bigtrea B.V., whether directly or via our webshop bigtrea.com. Together with bigtrea B.V.’s offer, order confirmation, invoice, and any specific purchase agreements, they constitute the full contract. In case of conflict, the order confirmation takes precedence, followed by any cooperation agreement, and then these Terms and Conditions. The buyer’s own terms of purchase shall not apply unless expressly accepted in writing by bigtrea B.V.

2. Conclusion of Agreement

An order is binding only after the buyer has received written or electronic confirmation from bigtrea B.V. If the order confirmation differs from the buyer’s order, the buyer must notify bigtrea B.V. in writing within 5 days of receipt, and no later than 1 day before the delivery date. If the buyer cancels an order after confirming it, the buyer shall compensate bigtrea B.V. for all resulting costs, including loss of profit. Offers from bigtrea B.V. are only binding if accepted in writing within 8 days. Information on prices, delivery, characteristics, capacity, and technical data is indicative only and does not constitute a warranty.

3. Prices

All prices are quoted excluding VAT and other applicable taxes, unless otherwise stated. Packaging for transportation is included unless specified separately. Prices are subject to change at any time prior to acceptance. bigtrea B.V. may adjust prices if production, delivery, or supplier costs increase by more than 5% between order confirmation and delivery. In such cases, the buyer may cancel the order in writing within 8 days of notification. Prices are per unit and based on full packaging units. A surcharge applies if packaging units are broken.

4. Delivery

Delivery is made in accordance with ICC INCOTERMS 2010, Ex Works. Risk and costs transfer to the buyer once the goods are ready for delivery. The buyer must provide transport details in due time; otherwise, bigtrea B.V. may choose at the buyer’s risk and expense. In case of delay, bigtrea B.V. will inform the buyer. Claims for damages due to delays are excluded. The buyer may cancel the order if delivery is delayed by more than 60 days, except where caused by force majeure, the buyer, or the carrier. If the buyer fails to take delivery, bigtrea B.V. may terminate the agreement, claim damages, and resell or store the goods at the buyer’s risk and expense. Returns require prior written approval and a return order number. Returns are subject to conditions: maximum 4 weeks from invoice date, 25% handling fee, and goods must be unopened in intact, resaleable packaging. Non-compliant returns will be refused and stored or destroyed at the buyer’s expense.

5. Payment

Unless otherwise agreed, payment is due in advance. Late payments incur interest of 5% per commenced month. The buyer may not offset claims or withhold payment. If the buyer breaches payment or other obligations, bigtrea B.V. may cancel the agreement, resell goods at the buyer’s expense, and claim damages including indirect losses.

6. Retention of Title

Ownership of goods remains with bigtrea B.V. until full payment is received. This also applies if goods are processed or combined with other products. The buyer must insure goods against theft, fire, and other risks while ownership remains with bigtrea B.V.

7. Notice of Non-Conformity

Defects must be reported within 8 days of receipt. Hidden defects must be reported within 8 days of discovery, and no later than 1 year after delivery. Complaints must be in writing and specify defects. bigtrea B.V. is not liable for defects caused by misuse, improper assembly, unauthorized modifications, or normal wear and tear. Returns of defective goods require prior approval.

8. Limitation of Liability

Liability is limited to the value of the goods supplied. bigtrea B.V. is not liable for indirect losses such as lost profits, business interruption, or loss of goodwill.

9. Force Majeure

bigtrea B.V. is not liable for failure to perform due to events beyond its control, including strikes, import/export restrictions, supplier delays, production stoppages, energy shortages, cyberattacks, or natural disasters. In such cases, bigtrea B.V. may extend delivery times or cancel the agreement. If force majeure lasts longer than 3 months, either party may cancel the agreement.

10. Product Liability

bigtrea B.V. is liable for personal injury or property damage only if proven to result from defects or negligence in products supplied by bigtrea B.V. Liability does not extend to goods in the buyer’s possession, goods altered by the buyer, or goods incorporated into the buyer’s own products. The buyer must maintain adequate product liability insurance and indemnify bigtrea B.V. against claims beyond these limits.

11. Intellectual Property

All copyrights, trademarks, design rights, and other intellectual property created or used in connection with bigtrea B.V.’s goods remain the exclusive property of bigtrea B.V.

12. Online Purchases

By using bigtrea.com, the buyer agrees to the use of cookies. Cookies are small text files stored on the buyer’s device to track usage and improve functionality. Cookies are not programs and do not contain viruses.

13. Governing Law and Jurisdiction

These Terms and Conditions are governed by Dutch law. Any disputes shall be settled by a Dutch court, with the District Court of Maastricht as the court of first instance.