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Big Bags Britain

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General Terms and Conditions

Article 1. Definitions
1.1 Under ‘the company’, these conditions refer to Big Bags Britain, Lokhorstweg 13a, 27, 3851 SE Ermelo. Trading under the name Big Bags Britain and registered with the Chamber of Commerce under number 85567930.
1.2 Under ‘purchaser’, these conditions refer to the person with whom Big Bags Britain B.V. has entered into or has entered into an agreement.
1.3 Hereafter, Big Bags Britain will be abbreviated to BBB.

Article 2. Applicability
2.1 These conditions apply to every offer and every agreement between the company and the purchaser and all resulting obligations. The applicability of the purchaser’s general terms and conditions is expressly rejected.
2.2 If the purchaser has once purchased under the applicability of the conditions of BBB, they are deemed to have tacitly agreed to the applicability of the conditions for all subsequent orders given by them, regardless of the nature of the order and regardless of whether or not there is a written confirmation of such an order by BBB.
2.3 If BBB does not always demand strict compliance with these general terms and conditions, this does not mean that the provisions thereof do not apply, or that BBB would in any way lose the right to demand strict compliance with the provisions of these general terms and conditions in other cases.
2.4 All agents, representatives, employees, resellers or others who have received an assignment from BBB, or who have been appointed or employed by BBB, will each enjoy the same protection and be entitled to the same exclusions, exemptions, and limitations of liability as will apply to BBB itself under these general terms and conditions or under any agreement concluded with BBB.

Article 3. Quotes
3.1 An offer, quote, or price quotation does not bind BBB and is only considered as an invitation to the purchaser to place an order, unless the contrary is expressly stated.
3.2 The quotes issued by the company are without obligation. The prices mentioned in a quote are exclusive of VAT, unless otherwise indicated.

Article 4. Delivery and risk
4.1 The goods are transported in a manner to be determined by BBB. If the transport is not carried out by BBB, this will be at the expense and risk of the purchaser, unless explicitly agreed otherwise. In that case, the purchaser must also arrange for the insurance of the transport.
4.2 Delivery is deemed to have taken place by the receipt of the goods by the purchaser, or, in the case of shipment by means of a transporter, by the transfer of the goods to the transporter.
4.3 The purchaser is obliged to take delivery of all purchased goods at the agreed time, or in the absence thereof, at the time indicated by the company. If the purchaser does not fully and/or timely take delivery of the purchased goods or is negligent in providing information or instructions necessary for the (timely) delivery, the goods will be stored at the expense and risk of the purchaser.
4.4 All deliveries from BBB are made ex works unless expressly and in writing agreed otherwise.

Article 5. Delivery time
5.1 The delivery time specified by BBB is indicative and based on the circumstances that applied to BBB at the time of the conclusion of the agreement and, insofar as BBB depends on the performance of third parties, on the information that such third parties have provided to BBB. BBB should adhere to the delivery time as much as possible but an agreed delivery time is never a strict deadline. Exceeding the delivery time does not give the purchaser the right to cancel the order or refuse receipt of a shipment or part of a shipment, nor does it obligate the company to any compensation to the purchaser.
5.2 The delivery time starts after BBB has confirmed the order in writing or by email to the purchaser.
5.3 The company is entitled to adjust an agreed term if and insofar as the purchaser fails to provide information that the company needs for the execution of the order.
5.4 The company is allowed to deliver sold goods in parts (partial shipments).
5.5 If the goods are delivered in parts, the company is authorized to invoice each part (partial shipment) separately to the purchaser.

Article 6. Quality
6.1 BBB is not deemed to have given a warranty, guarantee, or other recommendation regarding the suitability of the goods for any specific purpose. The purchaser must ascertain whether the goods are suitable for the purpose for which the purchaser wishes to use them, and BBB gives no guarantee or statement in this regard.
6.2 The sold goods must possess the properties that have been agreed in writing between the parties.
6.3 The delivered quantities are stated by BBB on the delivery document.
6.4 If the purchaser does not make any possible objection to the delivery document known to BBB in writing or by email within 48 hours of receipt thereof, the quantity stated on the delivery document is deemed to accurately represent the delivered goods.
6.5 If the sold goods are intended for any specific use that involves special risks or quality requirements, the purchaser must expressly make this known to the company in advance, and this specific use must be recorded in writing in the agreement, failing which normal use is assumed.

Article 7. Tolerance
7.1 With regard to the agreed specifications, the deviations listed below, both upwards and downwards, are permissible. For assessment, the average of the total quantity delivered in one type, quality, color, and execution will serve as a standard. For other specifications than those mentioned below, the deviations allowed in previous deliveries, or in the absence thereof, the usual deviations are permissible. If a minimum or maximum value has been agreed upon, then a double deviation upwards, respectively downwards, is allowed.
7.2 Even if stricter specifications are agreed upon in writing, minor deviations in color, thickness, quality, dimensions, and other such data only count as a shortcoming if the purchaser demonstrates that the deviation affects the functionality of the sold goods.
7.3 Regarding quantity, BBB is deemed to have performed adequately if deviations in the quantities of the products do not exceed:

5% above or below the specified height, width, diameter, or length of the products.
5% above or below the specified thickness of the fabric (gr/m2/Mu).

Article 8. Termination of the agreement
8.1 The company’s claims on the purchaser are immediately due and payable in the following cases:
After circumstances have come to the knowledge of the company, which give it good reason to fear that the purchaser will not fulfill its obligations.
If the company has requested the purchaser to provide security in accordance with Article 15.7 of these conditions and this security is not forthcoming or is insufficient.
If the purchaser is liquidated, declared bankrupt, or granted a moratorium on payments. In the aforementioned cases, the company is authorized to suspend the (further) execution of its obligations under the agreement or to dissolve the agreement, without prejudice to the company’s right to claim compensation.
8.2 Furthermore, BBB is authorized to dissolve the agreement if circumstances arise of such a nature that fulfillment of the agreement is impossible or can no longer be demanded according to the standards of reasonableness and fairness, or if other circumstances arise of such a nature that the unaltered maintenance of the agreement cannot reasonably be expected.

Article 9. Retention of title
9.1 Regardless of whether the sold goods have already been delivered in fact, the ownership thereof only passes to the purchaser when he has fully paid all amounts due to BBB with respect to the goods that have been delivered or must be delivered under any agreement, or for any reason whatsoever, including the purchase price, any additional costs, interest, taxes, and costs due under these general terms and conditions or the agreement. The reserved ownership also applies to all obligations arising from any agreement that BBB may obtain against the purchaser.
9.2 The company is entitled to retrieve as many delivered goods from the purchaser until the sales proceeds realized from the private or public sale of the retrieved goods have satisfied the company’s entire claim, including costs and (statutory commercial) interest, and any compensation for damages.
9.3 The purchaser is obliged to insure the goods delivered under retention of title and to keep them insured against fire and (water) damage as well as against theft, and to show the policy of these insurances to BBB upon request.
9.4 If BBB is the owner of the delivered goods, the purchaser must immediately inform BBB in writing when the goods are seized or when any part of the goods is claimed. Upon BBB’s first request, the purchaser must also inform BBB of the location of the goods of which BBB is the owner.
9.5 In the case of seizure, (provisional) suspension of payment or bankruptcy, the purchaser must immediately point out the (property) rights of BBB to the bailiff executing the seizure, the administrator or the trustee.
9.6 The provisions mentioned in this article do not affect the other rights to which BBB is entitled.

Article 10. Right of return
10.1 The purchaser has the right to return the purchased goods. The purchaser has the right to cancel the order up to 14 days after receiving it without giving any reason. After cancellation, the purchaser has another 14 days to return the product.
10.2 The return costs are for the account of the purchaser unless explicitly agreed otherwise in writing.
10.3 The purchaser must make his return and/or cancellation known in advance in writing. Should the purchaser be negligent in this regard, then the above rules are not applicable.

Article 11. Defects / complaint terms
11.1 The purchaser must examine the purchased goods upon delivery – or as soon as possible thereafter. Hereby the purchaser must verify whether the delivered goods conform to the agreement, namely: whether the correct goods have been delivered;
whether the delivered goods correspond to the agreed quantity;
whether the delivered goods meet the agreed quality standards.
11.2 If visible defects or shortages are observed, then the purchaser must report these to the company within 2 (two) days after receiving them. A non-written notification must be confirmed in writing by the purchaser within 3 (three) days after receiving the goods. Also, the purchaser, or the person taking delivery of the goods on behalf of the purchaser, must mention a written description of the observed defect or shortage in the transport documents accompanying the goods, to confirm that the complaint existed at the time of delivery of the goods. The purchaser must store the goods with respect to which a complaint has been made in a careful manner in such a way that loss of quality or quantity is prevented.
11.3 Non-visible defects must be reported by the purchaser in writing to the company within 7 days after discovery, but no later than 14 days after delivery. Any right to compensation for non-visible defects expires after 14 days, which period starts on the day of delivery.
11.4 If a timely complaint is made, the purchaser remains obliged to accept and pay for the purchased goods. If the purchaser wishes to return defective goods, this is done with prior written consent from BBB in the manner and under conditions as indicated by BBB.
11.5 The purchaser is obliged to give BBB the opportunity to inspect the complaints. The fact that BBB proceeds to investigate a complaint does not imply that BBB acknowledges any liability.
11.6 A complaint must at least contain a detailed and accurate description of the defect and an indication of further data, from which it can be deduced that the delivered and rejected goods by the purchaser are identical. BBB may require the purchaser to provide visual material (photo/film) of the defects before the complaint is processed.
11.7 The goods to which the complaints relate, as well as the packaging and packaging material, must remain available for inspection and/or examination by BBB in the condition they were in at the time the defects were observed and may not be resold unless BBB has explicitly given written permission to do so.
11.8 If the complaints concern a part of the delivered goods, this cannot be a reason for rejection of the entire batch, unless the delivered batch cannot reasonably be considered usable in such a case.
11.9 If a complaint and/or claim regarding a delivered item is justified, BBB shall be obliged to no more than replacing the rejected item at its own expense or, at BBB’s choice, to credit the purchaser for an amount equal to the price owed by the purchaser for the rejected item.
11.10 In the case of total replacement or compensation of goods, the already used part thereof will be taken into account.
11.11 Any claim of the purchaser expires after he/she has put the purchased goods into use, has processed or treated them, has printed or cut them, respectively has put them into use, has had them processed or treated, has had them printed or cut, or has delivered them to third parties, unless the purchaser demonstrates that he was reasonably unable to make the complaint known to BBB at an earlier stage.
11.12 BBB is released from any liability and is not obliged to accept and/or investigate complaints about defects if the purchaser has not fulfilled his payment obligations or other obligations towards BBB in a timely manner and also not in the case that the purchaser and/or third parties have made any changes or repairs to the goods delivered by BBB without prior written consent, respectively have carried out such.
11.13 The purchaser must give BBB at least 7 days, after notification to the company, to investigate or handle the complaint.
11.14 Complaints and/or claims do not give the purchaser the right to suspend his payment obligations and/or other obligations towards BBB.

Article 12. Payment
12.1 Unless explicitly agreed otherwise, payment by the purchaser to BBB must be made within 14 days of the invoice date without any deduction, discount or settlement.
12.2 Claims for damages do not suspend the payment obligations of the purchaser.
12.3 After the expiry of an agreed payment term, the purchaser is in default and owes an interest of 2.5% per (part of a) month on the due amount, until the day of full payment, without a notice of default being required.
12.4 Payments made by the purchaser always serve to settle in the first place all due interest and costs and in the second place of due invoices that have been open the longest, even if the purchaser states that the payment relates to a later invoice.
12.5 In the event of late payment, BBB is also entitled to suspend the delivery of other goods and/or to dissolve other agreements entered into with the purchaser or to suspend their execution, without being obliged to any compensation. In that case, the purchaser is obliged to pay any expenses and to compensate BBB for the resulting losses or damages, including loss of profits.
12.6 The purchaser is obliged to provide security at the first request of the company for everything the purchaser owes to the company, or will owe.
12.7 The purchaser is not entitled to set off amounts that the company charges the purchaser under the agreement between them.
12.8 All judicial and extrajudicial collection costs incurred by BBB to collect the claims on the purchaser are for the account of the purchaser.

Article 13. Liability
13.1 If the company is liable, the amount of the compensation to be paid by it is always limited to a maximum of the purchase price of the delivered item to which the damage claim relates, with a maximum of € 10,000.
13.2 BBB’s liability for indirect damage, consequential damage, lost profit, missed savings, reduced goodwill, damage due to business interruption, damage as a result of claims from the purchaser’s customers or damage due to mutilation, loss or destruction of data or documents is excluded.
13.3 The limitations of liability of BBB mentioned in paragraphs 1 and 2 shall lapse if and insofar as the damage is the result of intent or deliberate recklessness of BBB. This must be explicitly demonstrable.
13.4 Unless performance is permanently impossible, BBB’s liability due to attributable failure arises only if the purchaser has immediately put BBB in default in writing, thereby setting a reasonable term for remedying the failure, and BBB continues to fail in the performance of its obligations after that term. The notice of default must contain a description of the failure that is as complete and detailed as possible so that BBB can respond adequately.
13.5 A printing error, writing error, or other mistake or omission in sales literature, a quotation, price list, on the website, invoice or other document or other information from BBB can be corrected without any liability of BBB. BBB cannot be bound by obvious mistakes or clerical errors.
13.6 A description, specification, or statement regarding one or more of the goods sold by BBB in a catalog, brochure, website, advertisement, or other literature is given only approximately and BBB is in no way liable for any inaccuracies in such literature.
13.7 Claim rights and other powers of the purchaser for any reason whatsoever against BBB expire in any case after the expiry of 6 months from the moment a fact occurs that the purchaser can exercise these rights and/or powers against BBB.

Article 14. Force majeure
14.1 Force majeure means circumstances that prevent the fulfillment of the obligation and are not attributable to the company. This includes, among other things:

strikes in companies other than that of the company;
wild strikes or political strikes in the company’s business;
a general lack of required raw materials and other goods or services necessary for the agreed performance;
unforeseeable stagnation at suppliers or other third parties on which the company depends and general transport problems.
14.2 BBB also has the right to invoke force majeure if the circumstance that prevents (further) fulfillment occurs after the company should have fulfilled its commitment.
14.3 During force majeure, the company’s delivery and other obligations are suspended. If the period during which fulfillment of the obligations by the company is not possible due to force majeure lasts longer than 8 weeks, both parties are entitled to dissolve the agreement, without there being an obligation to compensate damage in that case.

Article 15. Intellectual property and copyrights
15.1 The provisions determined in these general terms and conditions reserve BBB the rights and powers that BBB is entitled to under the Copyright Act.
15.2 All documents possibly provided by BBB, such as texts, designs, sketches, drawings, films, software, (photo/film) imagery, logos, etc., are protected by copyright and are intended for use by the purchaser only and may not be reproduced, made public or disclosed to third parties by him without prior permission from BBB, unless the nature of the provided documents dictates otherwise.
15.3 The copyright on texts, designs, drawings, sketches, lithographs, photos, videos, reviews, etc., produced by BBB or on its behalf, remains with BBB at all times, regardless of whether these have been handed over to the purchaser or to third parties unless expressly agreed otherwise. The purchaser, in the event of using what is mentioned above without prior written permission by BBB, owes an immediately payable fine of € 15,000 per infringement to BBB, without prejudice to BBB’s right to claim compensation.
15.4 The purchaser indemnifies BBB for all consequences of a possible infringement of any right of third parties if BBB has used a specific text, image, drawing, model, or any other protected intellectual property right of that third party at the request of the purchaser. The purchaser will fully reimburse all legal costs of BBB in this regard and indemnify BBB.
15.5 The purchaser is not allowed to make changes to the goods unless the nature of the delivered dictates otherwise or it has been agreed in writing otherwise.

Article 16. Applicable law
16.1 The legal relationship between BBB and the purchaser is governed by Dutch law.
16.2 BBB can unilaterally change these general terms and conditions. The most recent version can be found on the website. These general terms and conditions have also been filed with the Gelderland Court, Arnhem location.
16.3 All disputes arising from or related to the Agreement between BBB and the purchaser are settled by the competent court of the Gelderland Court, Arnhem location, unless provisions of mandatory law lead to the jurisdiction of another court.

Article 17. Other provisions
17.1 These conditions are drawn up in the Dutch language. In the translation of the conditions into another language, the Dutch version is authentic and the terms used should be read and understood in the context of the Dutch legal system.
17.2 The last deposited version always applies, or the version as it existed at the time the agreement was concluded.

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