Returns & Warranty
Last updated: March 2026
This Returns & Warranty Policy applies to all purchases made via https://bspshop.com.
This policy distinguishes between consumer purchases (B2C) and business purchases (B2B), and between standard products and custom-made products, since different rules apply.
For full purchase terms, please see our Terms of Sale B2C and Terms of Sale B2B.
1. Definitions
For the purposes of this policy:
- Consumer (B2C) — a natural person acting outside their trade, business, craft, or profession
- Business customer (B2B) — a person acting in the course of their trade, business, craft, or profession
- Standard product — a product not made or modified to customer specifications
- Custom-made product — a product manufactured to the customer's specifications, including all spoke guards and trays (including products marked as "in stock", which are also produced on demand)
2. Right of Withdrawal — Consumer Purchases (B2C)
2.1 Standard products
For standard (non-custom) products, consumers have the right to withdraw from the purchase within 14 days of receiving the goods, in accordance with Article 9 of Directive 2011/83/EU and Dutch consumer law.
To exercise this right, the consumer must inform us of their decision to withdraw by an unambiguous statement (e.g. by email or post). The consumer may use the model withdrawal form provided in Section 9 below, but is not required to do so.
To be eligible for a return:
- the product must be unused
- the product must be in its original condition
- the product should be returned in its original packaging where possible
The consumer must return the goods to us without undue delay and in any case not later than 14 days from the day on which they communicated their withdrawal.
Return shipping costs for standard products are the responsibility of the consumer. The consumer may use any shipping provider or return the product in person at our address (see Section 11).
2.2 Custom-made products — exclusion
Custom-made products cannot be returned or refunded based on the right of withdrawal.
This includes, but is not limited to:
- wheelchair spoke guards (including all designs and variants)
- wheelchair trays (including illuminated trays)
- any other product manufactured to the customer's specifications
These products are excluded from the right of withdrawal under Article 16(c) of Directive 2011/83/EU, which excludes the supply of goods made to the consumer's specifications or clearly personalized.
This applies even to products listed as "in stock", since such products are still produced on demand to consumer specifications.
The consumer remains protected by the defect warranty described in Section 5.
3. Returns — Business Customers (B2B)
The right of withdrawal under EU consumer law does not apply to B2B transactions.
For business customers:
- Returns are only accepted in case of errors or faults attributable to us
- B2B customers do not have the right to return goods without a valid reason
- For full B2B return rules, please see our Terms of Sale B2B
4. Statutory Warranty (Standard Products)
For standard products purchased by consumers, products are covered by the statutory legal guarantee of conformity under Directive 2019/771/EU and the Dutch Civil Code (Article 7:17 BW).
This means:
- The product must comply with the description and be fit for its intended purpose
- The minimum guarantee period under EU law is two years from delivery, although the durability of the specific product, taking into account its nature and intended use, may also be relevant
- During the first year, defects are presumed to have existed at the time of delivery, unless we can prove otherwise
If a standard product is non-conforming, the consumer may request:
- repair, or
- replacement, or
- a price reduction or refund (in accordance with the conditions of Articles 13–14 of Directive 2019/771/EU)
This statutory warranty applies in addition to, and does not affect, our voluntary defect warranty for custom products described in Section 5.
For business (B2B) purchases, statutory warranty terms are subject to the limitations set out in our Terms of Sale B2B.
5. Defect Warranty (Custom-Made Products)
We provide a voluntary 30-day defect warranty for custom-made products, in addition to any rights under mandatory law.
5.1 How to submit a claim
To submit a defect claim:
- you must contact us at info@bspshop.com within 30 days of delivery
- you must provide clear photos showing the defect
- you must provide a description of the issue
- you must include your order number
5.2 Review and resolution
We will review the claim and determine, at our reasonable discretion, whether the product qualifies as defective.
If the claim is accepted, we may, at our discretion:
- replace the product
- remake the product
- issue a refund
The review process does not extend the 30-day claim period.
5.3 What is not covered
This defect warranty does not cover:
- damage caused by improper use, modification, or unauthorized repair
- normal wear and tear
- damage caused by failure to follow installation, mounting, or usage instructions
- damage caused by accidents, falls, or external factors not attributable to manufacturing
- products altered after delivery
For mandatory consumer rights under Dutch and EU law, please see also Section 4 (Statutory Warranty) and Section 8 (Mandatory Rights).
6. Refunds
6.1 Refund method
Refunds are processed using the same payment method used for the original transaction (e.g. Shopify Payments, PayPal, Shop Pay), unless otherwise agreed with the customer.
6.2 Refund timing
For consumers exercising the right of withdrawal under Section 2.1: we will reimburse all payments received, including standard delivery costs, without undue delay and in any case within 14 days of being informed of the decision to withdraw, in accordance with Article 13 of Directive 2011/83/EU.
We may withhold the reimbursement until we have received the goods back or until you have supplied evidence of having sent back the goods, whichever is earliest (Article 13(3) of Directive 2011/83/EU).
For approved defect claims under Section 5: refunds are processed within 10 business days after the claim is accepted. Processing time may vary depending on the payment provider and banks involved.
6.3 Diminished value
The consumer is only liable for any diminished value of the goods resulting from handling other than what is necessary to establish the nature, characteristics, and functioning of the goods.
7. Exchanges
Custom-made products are not eligible for exchange. If a defect is verified under Section 5, we may replace, remake, or refund the product.
For standard products, the consumer may return the item under Section 2.1 and place a new order.
8. Mandatory Rights
Nothing in this policy excludes or limits any rights the consumer has under mandatory consumer protection laws of:
- the Netherlands
- the European Union
- the consumer's country of residence within the EU
If you are a consumer resident in the EU, you also benefit from the mandatory provisions of the consumer protection laws of your country of residence.
9. Model Withdrawal Form (EU Consumers)
To exercise your right of withdrawal under Section 2.1, you may use the form below. You are not required to use this form — any clear statement of your decision to withdraw is sufficient.
To:
Bergh Special Products B.V.
Handelsweg 10
NL-7041 GX 's-Heerenberg
The Netherlands
Email: info@bspshop.com
I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*) / for the supply of the following service (*):
______________________________________________
Ordered on (*) / received on (*): ______________________
Order number: ____________________________________
Name of consumer(s): _____________________________
Address of consumer(s): __________________________
Signature of consumer(s) (only if this form is notified on paper): ______________________
Date: _________________________________________
(*) Delete as appropriate.
You may submit this form, or any other clear statement of withdrawal, by:
- Email to info@bspshop.com
- Post to the address listed above
The withdrawal is effective from the moment of dispatch of the statement.
10. Use of Products and Limitations
We are not responsible for damage, defects, or issues caused by:
- use of the product in a manner contrary to its intended purpose
- modification, alteration, or unauthorized repair after delivery
- failure to follow installation, mounting, or usage instructions provided with the product
- normal wear and tear
- accidents, falls, or external impact
Products must be used in accordance with the instructions and information provided. If you are unsure how to install or use a product, please contact us at info@bspshop.com before use.
This section does not exclude any rights the consumer has under mandatory consumer protection law.
11. Contact and How to Send Returns
Contact for returns and warranty claims
Email: info@bspshop.com
Phone: +31 (0)314 - 35 94 90
Return address
Bergh Special Products B.V.
Handelsweg 10
NL-7041 GX 's-Heerenberg
The Netherlands
Please contact us before sending a return so that we can advise on the best procedure and provide a return reference if needed. This helps us process your return faster.
For custom-made product defect claims, please follow the procedure in Section 5.1 (do not send the product before we confirm the claim).
12. Online Dispute Resolution (EU Consumers)
If you are a consumer and have a complaint that we have not been able to resolve, you can also use the European Commission's Online Dispute Resolution (ODR) platform at https://ec.europa.eu/consumers/odr.
We are not obliged to participate in alternative dispute resolution proceedings before a consumer arbitration board, and currently do not do so. We encourage customers to contact us first at info@bspshop.com so that we can attempt to resolve any concerns directly.
