Terms and Conditions
General Terms and Conditions of BESTICO B.V. (hereinafter referred to as “BESTICO”)
Chamber of Commerce number: 62237004
Address: Veilingweg 32, 2651 BE, Berkel en Rodenrijs, Netherlands
Article 1. Applicability of the Terms and Conditions
1.1 These Terms and Conditions (hereinafter referred to as "T&Cs") apply to all offers, orders, and agreements (including digital or remote agreements) of BESTICO, to the exclusion of any other general terms and conditions. These T&Cs will be provided upon request.
1.2 By accepting an offer or placing an order, you agree to the applicability of these T&Cs. Before a (remote) agreement is concluded, these T&Cs will be made available (electronically).
1.3 Deviations from these T&Cs are only valid if agreed upon in writing. All other provisions remain fully in effect.
1.4 All rights and claims stipulated in these T&Cs and any additional agreements for the benefit of BESTICO also apply to intermediaries and third parties engaged by BESTICO.
Article 2. Offers and Agreements
2.1 All offers by BESTICO are non-binding, and BESTICO reserves the right to adjust prices, especially when required by (legal) regulations.
2.2 An agreement is only concluded after BESTICO accepts your order. BESTICO reserves the right to reject orders or impose conditions on delivery unless explicitly stated otherwise. If an order is not accepted, BESTICO will notify you within two (2) working days of receiving the order.
2.3 Certain products listed on our website have a limited shelf life and cannot be returned. By ordering these products, you confirm your commitment to purchase them. Cancellation is not possible for these items.
Article 3. Prices and Payments
3.1 The prices for products and services are quoted in EURO, excluding VAT, handling and shipping costs, and any applicable taxes or fees, unless stated otherwise or agreed upon in writing.
3.2 Payment must be made without discounts or offsets and prior to the delivery of products and/or services unless agreed otherwise in writing.
3.3 Payments must be made using the method(s) specified during the ordering process. Additional terms may apply to your order. For bank transfers, the payment date is the date the amount is credited to BESTICO's bank account.
3.4 If you fail to make any payment, BESTICO is entitled to suspend or terminate the relevant agreement and any related agreements.
Article 4. Delivery
4.1 BESTICO reserves the right to adjust delivery times if deemed necessary due to (weather) conditions. BESTICO will not be held liable for any resulting damages.
4.2 Delivery times provided by BESTICO are estimates only. Exceeding these times does not entitle you to compensation, cancellation, or termination of the agreement, unless the delay is unreasonable and makes it impractical for you to maintain the agreement. In such cases, you are entitled to cancel or terminate the agreement to the extent necessary.
4.3 Products will be delivered to the specified address at the time and place they are ready for shipment.
4.4 Ownership of delivered products transfers to you only after full payment of all amounts owed to BESTICO under the agreement. However, the risk for the products transfers to you at the time of delivery.
4.5 The delivery address provided by you will serve as the place of delivery.
4.6 BESTICO is entitled to use third parties to fulfill your order(s).
Article 5. Complaints and Liability
5.1 You are obligated to inspect the delivered products upon receipt to ensure they meet the agreement. If not, you must notify BESTICO in writing and with justification as soon as possible, and no later than fourteen (14) working days after delivery or after the issue could reasonably be discovered.
5.2 If it is established that the products do not meet the agreement, BESTICO may choose to replace the products upon their return or refund their invoice value.
5.3 If you do not wish to accept a product for any reason, you have the right to return it to BESTICO within fourteen (14) working days of delivery, except for products with limited shelf life. Returns will only be accepted if the product and its packaging are undamaged. Return shipping costs are your responsibility.
5.4 BESTICO's liability for damages is limited to direct damages resulting from defects in the delivered goods and is capped at the invoice value of the goods in question, provided this does not conflict with mandatory law. BESTICO is expressly not liable for damages arising from defects, including but not limited to crop loss, crop damage, or soil structure degradation.
Article 6. Orders and Communication
6.1 BESTICO will handle product orders with the utmost care. BESTICO is not liable for misunderstandings, delays, or errors in communication resulting from the use of the internet or other communication methods unless caused by intentional misconduct or gross negligence on BESTICO’s part.
Article 7. Force Majeure
7.1 In the event of force majeure, BESTICO reserves the right to suspend the execution of your order or terminate the agreement without judicial intervention by notifying you in writing, without being liable for damages unless otherwise dictated by mandatory law.
7.2 Force majeure includes any circumstance beyond BESTICO's control, which cannot be attributed to its fault under the law or general standards.
Article 8. Miscellaneous
8.1 Intellectual property rights on all goods, materials, and services delivered, developed, or provided by BESTICO belong to BESTICO or its licensors unless otherwise explicitly agreed upon in writing.
8.2 You are not permitted to use BESTICO's delivered goods and services for purposes other than those for which they were provided. BESTICO is not liable for damages or losses arising from misuse.
8.3 It is prohibited to modify BESTICO’s delivered goods or services, including but not limited to the content, labels, and packaging of products.
8.4 If any provision of these T&Cs conflicts with applicable law, the conflicting provision will be replaced with a legally permissible alternative determined by BESTICO.
8.5 You are responsible for ensuring the goods and services comply with local regulations. BESTICO is not liable in this regard.
Article 9. Governing Law and Jurisdiction
9.1 These T&Cs and all related rights, obligations, offers, orders, and agreements are governed exclusively by Dutch law.
9.2 All disputes will be submitted exclusively to the competent court in the Netherlands.
Last updated: January 21, 2025