General Terms and Conditions of The Bourgini Company B.V.

These general legal terms and conditions (“Terms”) apply to every contract between you and The Bourgini Company B.V. (“Bourgini”) for the purchase and sale of products on Bourgini’s website. Please read these Terms carefully and make sure you understand them before purchasing any products. By entering into the Agreement, these Terms are binding and governed by Dutch law. The Terms may be amended from time to time. Please check the Terms each time you purchase products to ensure that you understand the applicable version.

Table of Contents

1. Definitions
2. Identity of Bourgini
3. Applicability
4. The Offer
5. The Agreement
6. The Price
7. Performance and Warranty
8. Delivery and Execution
9. Long-term Transactions
10. Payment
11. Liability of Bourgini
12. Liability of Bourgini for Business Customers
13. Events Beyond Bourgini’s Control
14. Right of Withdrawal
15. Obligations of the Consumer During the Reflection Period
16. Exercise of the Right of Withdrawal by the Consumer and Related Costs
17. Obligations of Bourgini in Case of Withdrawal
18. Exclusion of the Right of Withdrawal
19. Use of Personal Data
20. Complaints Procedure
21. Disputes
22. Additional or Deviating Provisions
23. Final Provisions

Article 1 – Definitions

In these Terms, the following terms shall have the meanings set forth below unless explicitly stated otherwise or the context requires otherwise:

1. Bourgini: the legal entity offering products remotely to Consumers.
2. Consumer: the natural person who is not acting for purposes related to their trade, business, craft, or profession.
3. Reflection Period: the period within which the Consumer may exercise the right of withdrawal.
4. Day: calendar day.
5. Durable Data Carrier: any medium that enables the Consumer or Bourgini to store information for future reference or use as intended, allowing for unchanged reproduction of the stored information (e.g. email).
6. Agreement: an agreement concluded between Bourgini and the Consumer.
7. Right of Withdrawal: the Consumer’s right to withdraw from the Agreement within the reflection period.

Article 2 – Identity of Bourgini

• The Bourgini Company B.V.
• Visiting/Correspondence address: Raadhuisstraat 6, 4835 JB, Breda, The Netherlands
• Return address: Zoete Inval 4 4815HK Breda NL
• Telephone: +31 (0)76 564 2080
• Email: info@bourgini.com
• Chamber of Commerce number: 60020393
• VAT identification number: NL853733983B01

Article 3 – Applicability

1. These Terms apply to every offer made by Bourgini and to every Agreement concluded between Bourgini and the Consumer regarding the online sale of products via Bourgini’s website.
2. Before concluding the Agreement, the text of these Terms will be made available to the Consumer. If this is not reasonably possible, Bourgini will indicate before concluding the Agreement how the Terms can be viewed or provided free of charge.
3. If the Agreement is concluded electronically, the text of these Terms may also be provided electronically in a way that allows the Consumer to store them on a durable data carrier.

Article 4 – The Offer

1. If an offer has a limited validity period or is subject to conditions, this will be clearly stated in the offer.
2. The offer contains a complete and accurate description of the offered products. The description is sufficiently detailed to allow a proper assessment by the Consumer. Obvious mistakes or errors in the offer are not binding for Bourgini.
3. Product images are for illustrative purposes only. Bourgini has made every effort to display the colors accurately but cannot guarantee that the colors displayed on the Consumer’s device will precisely match the actual product colors.
4. Each offer contains information clearly indicating the rights and obligations of the Consumer upon acceptance (such as price, possible shipping costs, and methods of payment and delivery).
5. All products shown on the website are subject to availability. Where possible, Bourgini will display product availability on the website.
6. Bourgini will inform the Consumer if the ordered product is unavailable.
7. Bourgini reserves the right to discontinue the sale of any product at any time without prior notice. Bourgini may reject or limit any order or quantity at its discretion.

Article 5 – The Agreement

1. The Agreement is concluded once the Consumer accepts Bourgini’s offer and meets the specified conditions.
2. After the Consumer accepts the offer electronically, Bourgini will promptly confirm receipt of that acceptance. Until this confirmation has been sent, the Consumer may cancel the Agreement.
3. For electronic Agreements, Bourgini takes appropriate security measures to ensure safe data transfer. If the Consumer pays electronically, Bourgini ensures proper security measures are in place.
4. Bourgini may, within legal limits, verify whether the Consumer can meet payment obligations and obtain other relevant facts for responsibly concluding the Agreement. If there are valid reasons not to proceed, Bourgini may refuse an order or impose special conditions.
5. Upon delivery, Bourgini provides the following information (in writing or on a durable data carrier):
   1. The visiting address of Bourgini’s registered office for complaints;
   2. The conditions and method for exercising the right of withdrawal, or notification that this right does not apply (if applicable);
   3. Information on warranties and after-sales service;
   4. The price (including all taxes), any delivery costs, and the method of payment and delivery;
   5. Where applicable: the model withdrawal form.

Article 6 – The Price

1. The prices listed in the product offers include VAT but exclude any delivery costs. Delivery costs are displayed separately before checkout and charged at the applicable rate.
2. Bourgini takes reasonable care to ensure product prices are accurate when entered into the system.
3. If Bourgini discovers a pricing error for an ordered product, the following applies:
   • If the correct price is lower than the stated price, Bourgini will charge the lower price before shipment.
   • If the correct price is higher than the stated price, Bourgini will contact the Consumer to inform them of the cancellation. The Consumer may then reorder the product at the correct price. If Bourgini cannot contact the Consumer, the order will be treated as canceled and refunded via the original payment method.
4. During the validity period of the offer, prices will not be increased except due to changes in VAT or legal regulations.

Article 7 – Performance and Warranty

1. Bourgini guarantees that the products comply with the Agreement, the specifications stated in the offer, standards of soundness, and applicable legal requirements.
2. Any warranty applies as stated in the offer or with the product. This warranty does not affect the statutory rights of the Consumer.

Article 8 – Delivery and Execution

1. Bourgini takes the utmost care when receiving and fulfilling product orders.
2. Delivery of the products takes place at the address provided by the Consumer to Bourgini, or at a collection point if delivery to the specified address is not possible.
3. The delivery address is the address provided by the Consumer to Bourgini.
4. Bourgini will execute accepted orders with due speed, within a maximum of 30 days unless another delivery period is agreed upon. Any communicated delivery date is an estimate.
5. If delivery is delayed or an order cannot be fulfilled, the Consumer will be notified within 30 days. The Consumer then has the right to terminate the Agreement.
6. In case of termination under the previous paragraph, Bourgini will refund the amount paid as soon as possible.
7. The risk of damage and/or loss of products remains with Bourgini until delivery to the Consumer or a designated third party.
8. After delivery to the Consumer, the products are the responsibility of the Consumer, who bears all related risks.
9. The Consumer becomes the owner of the products once full payment has been received, including all applicable costs, and delivery has taken place.

Article 9 – Long-term Transactions

For the sale of kitchen appliances and related products, long-term transactions generally do not apply. If an Agreement for a longer period or recurring deliveries is concluded, the Consumer may terminate it with a notice period of no more than one month, unless otherwise agreed and permitted by law.

Article 10 – Payment

1. Immediate Payment upon Ordering
   • The Consumer must pay the full order amount in advance using the available payment methods (e.g., iDEAL, credit card, or other offered options).
   • The order will only be processed and shipped after payment has been received.
2. Secure Payment Environment
   • Bourgini takes appropriate technical and organizational measures to ensure secure electronic payments.
   • If the Consumer pays electronically, this takes place via a secure payment environment.
3. Consumer’s Obligation
   • The Consumer must immediately notify Bourgini of any errors in provided payment details.
4. Late Payment
   • If a payment is unsuccessful, the order will not be processed.
   • If payment is reversed or charged back after shipment, the Consumer must still pay the outstanding amount.
   • Bourgini may charge statutory collection costs for late payment.

Article 11 – Liability of Bourgini

1. Except as stated in the Agreement and to the extent permitted by law, Bourgini excludes all liability, conditions, warranties, or terms that may otherwise be implied by law.
2. To the extent permitted by applicable law, Bourgini is not liable to any user for loss or damage caused by the product.
3. Bourgini is not liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect the Consumer’s computer equipment, programs, data, or other proprietary material resulting from the use of the website or the downloading of content linked to it.

Article 12 – Liability of Bourgini for Business Customers

1. The products offered on Bourgini’s website are intended exclusively for Consumers. Bourgini reserves the right to reject any order that, due to its quantity, frequency, or regularity, reasonably indicates resale intent.
2. When dealing with a business customer, such customer acknowledges that the products offered on Bourgini’s website are not manufactured, marketed, or supplied for commercial use. Bourgini is not liable to the business customer for:
   1. Loss of profit, sales, business, or revenue;
   2. Loss of business opportunities;
   3. Business interruption;
   4. Loss of anticipated savings;
   5. Loss of goodwill;
   6. Indirect or unforeseeable losses;
   7. Losses arising from the use of products for commercial purposes;
   8. Any other loss or damage.
3. Except as stated in the Agreement and to the extent permitted by law, Bourgini excludes all terms, warranties, or provisions that may otherwise be implied by law.
4. Bourgini’s total liability to a business customer in connection with any loss arising out of or related to the Agreement (regardless of how it arose) shall in no case exceed 100% of the product’s purchase price.

Article 13 – Events Beyond Bourgini’s Control

1. Bourgini is not liable or responsible for any failure or delay in fulfilling its obligations under an Agreement caused by an event beyond its control.
2. Bourgini is not required to fulfill any obligation if hindered by force majeure. Force majeure includes (but is not limited to): weather conditions, floods, landslides, natural disasters, actions of third parties (including government authorities), illness, epidemics, or transport disruptions. In the event of force majeure, Bourgini is not liable for any resulting damages.

Article 14 – Right of Withdrawal (Products)

1. The Consumer may terminate an Agreement for the purchase of a product within a reflection period of at least 14 days without giving any reason, provided the product meets the return conditions stated in Article 8 of these Terms.
2. The reflection period starts on the day after the Consumer (or a designated third party) has received the product.
3. If the Consumer has ordered multiple products in one order that are delivered separately, the reflection period begins on the day the last product is received.

Article 15 – Obligations of the Consumer During the Reflection Period

1. During the reflection period, the Consumer shall handle the product and packaging with care and only unpack or use it as necessary to determine its nature, characteristics, and functioning.
2. The Consumer is liable for any depreciation of the product resulting from handling beyond what is permitted in paragraph 1.

Article 16 – Exercise of the Right of Withdrawal by the Consumer and Related Costs

1. Return Notification
   • The Consumer must notify Bourgini of a return within 14 days after receiving the product via info@bourgini.com.
2. Return Conditions To qualify for a full refund, the returned product must:
   • Be complete, in its original state, and undamaged;
   • Include all original tags, labels, and/or cards;
   • (If possible) be in the original, undamaged packaging;
   • Not be used.
3. Return Procedure
   • The Consumer must return the product as soon as possible, but no later than 14 days after the return notification, to the following warehouse address:
     • The Bourgini Company B.V.
       Roermondseweg 28, 6081 NV Haelen, The Netherlands
   • The return shipment must include a clear reference such as proof of purchase, order number, or packing slip to ensure quick processing.
4. Return Costs
   1. The Consumer bears the direct cost of returning the product unless otherwise agreed or the return results from an error by Bourgini.
5. Refund
   • Once the return is received and processed, Bourgini will refund the purchase amount within 14 days after receipt of the return.
   • Refunds are issued via the same payment method used for the original purchase.
   • If the returned product does not meet the return conditions, Bourgini reserves the right to deduct a value reduction or reject the return.

Article 17 – Obligations of Bourgini in Case of Withdrawal

1. Bourgini will confirm receipt of the withdrawal if submitted electronically.
2. Bourgini will refund all payments made by the Consumer (including delivery costs) within 14 days after the Consumer notifies of the withdrawal. Bourgini may delay the refund until it has received the product or the Consumer proves it has been returned, whichever comes first.
3. Refunds are subject to compliance with the return conditions in Article 16. If the product is incomplete, used, or damaged, Bourgini may deduct a value reduction or refuse the return. The Consumer will be notified after inspection.
4. Bourgini uses the same payment method for refunds unless the Consumer agrees otherwise.
5. If the Consumer chose a more expensive delivery method than standard delivery, Bourgini only reimburses the standard delivery cost.

Article 18 – Exclusion of the Right of Withdrawal

Exclusion of the right of withdrawal is only possible for products:

1. Manufactured according to the Consumer’s specifications (custom-made or personalized products);
2. Whose seal has been broken after delivery and which cannot be returned for hygiene reasons (if applicable);
3. That, by their nature, are inseparably mixed with other items after delivery;
4. That do not meet the return conditions in Article 8 (e.g., used, damaged, or incomplete). In such cases, Bourgini may refuse the return or charge a value reduction, notifying the Consumer after inspection.

If exclusion applies, this will be clearly stated in the offer.

Article 19 – Use of Personal Data

Bourgini uses personal data in accordance with its Privacy Policy. Please take the time to read it, as it contains important applicable conditions.

Article 20 – Complaints Procedure

1. Submitting Complaints
   • Bourgini has a clear complaints procedure and handles complaints in accordance with it.
   • The Consumer may submit complaints about the execution of the Agreement to Bourgini within a reasonable time after discovering a defect, providing a full and clear description.
2. Complaint Handling Procedure
   • Complaints may be submitted in writing via email to info@bourgini.com or by post to:
     The Bourgini Company B.V.
     Attn: Customer Service
     Raadhuisstraat 6, 4835 JB Breda, The Netherlands
   • Bourgini will confirm receipt of the complaint within 5 working days.
   • Bourgini aims to resolve complaints within 14 days of receipt. If more time is needed, the Consumer will be informed within that period of the expected handling time.
3. Resolution and Further Steps
   • Bourgini and the Consumer will attempt to reach a mutual solution.
   • If the complaint cannot be resolved amicably, the Consumer may submit the dispute to a competent Dutch court or an independent dispute resolution body.
4. Consumer’s Obligation
   • The Consumer must give Bourgini at least four weeks to resolve the complaint before taking legal action.

Article 21 – Disputes

1. All Agreements between Bourgini and the Consumer to which these Terms apply are governed exclusively by Dutch law.
2. Any disputes shall be submitted to the competent court in the Netherlands.

Article 22 – Additional or Deviating Provisions

Any additional or deviating provisions from these Terms may not be to the detriment of the Consumer. They must be set out in writing or in a form that allows the Consumer to store them on a durable data carrier.

Article 23 – Final Provisions

1. These Terms were last updated on 26-02-2025.
2. If one or more provisions of these Terms are null or void, the remaining provisions shall remain in force. Bourgini will replace invalid or void provisions with new ones that best reflect the intent and purpose of the originals.

Appendix I: Model Withdrawal Form

(If you wish to exercise your right of withdrawal, you may complete and return this form.)

• To: The Bourgini Company B.V., Raadhuisstraat 6, 4835 JB Breda, Email: info@bourgini.com
• I/We* hereby inform you that I/We* withdraw from our contract for the sale of the following product(s)*:
• Ordered on*/received on* [date]:
• Name(s) of Consumer(s):
• Address of Consumer(s):
• Signature of Consumer(s) (only if this form is submitted on paper):

*Delete where not applicable.