Terms & Conditions
Last updated: March 2026
These Terms & Conditions govern your use of https://bspshop.com (the "Website") operated by Bergh Special Products B.V. ("we", "us", "our").
By accessing or using the Website, you agree to these Terms & Conditions. If you do not agree, please do not use the Website.
These Terms & Conditions apply to your use of the Website. The terms governing purchases through our Website are set out separately in:
- Terms of Sale B2C — for consumer purchases
- Terms of Sale B2B — for business purchases
In case of conflict between these Terms & Conditions and the relevant Terms of Sale regarding a specific purchase, the Terms of Sale prevail.
1. Company Information
This Website is operated by:
Bergh Special Products B.V.
Handelsweg 10
NL-7041 GX 's-Heerenberg
The Netherlands
Email: info@bspshop.com
Phone: +31 (0)314 - 35 94 90
Chamber of Commerce (KvK): 09114707
VAT number: NL80.98.33.426.B01
2. Acceptance of Terms
By using the Website, you confirm that you:
- have read, understood, and agreed to these Terms & Conditions
- are legally capable of entering into binding agreements under applicable law
- will use the Website in accordance with these Terms and applicable laws
We may revise these Terms & Conditions at any time by updating this page. Continued use of the Website after changes are posted constitutes acceptance of the revised Terms.
3. Eligibility
The Website and our products are available to both private individuals (B2C) and business customers (B2B).
Minimum age: You must be at least 16 years old to use the Website and to place an order, in line with Article 8 of the GDPR (consent of children) and the Dutch Civil Code regarding the legal capacity of minors. If you are between 16 and 18, you confirm that you have the consent of your parent or legal guardian to make purchases on this Website, except for transactions that are customary for someone of your age.
We reserve the right to refuse service or cancel orders where eligibility cannot be reasonably verified.
4. Accounts
You may create an account on the Website or place orders as a guest.
If you create an account:
- you are responsible for maintaining the confidentiality of your login credentials
- you are responsible for all activities that occur under your account
- you must promptly notify us of any unauthorized access or suspected breach of your account
- you must provide accurate and current information
We reserve the right to suspend or terminate accounts that violate these Terms or applicable law, or that show signs of fraudulent activity.
5. Acceptable Use
You agree to use the Website only for lawful purposes and in a manner that does not infringe the rights of, restrict, or inhibit anyone else's use of the Website.
You agree not to:
- attempt unauthorized access to any part of the Website, our servers, or related infrastructure
- use the Website to transmit malware, viruses, or harmful code
- engage in scraping, data mining, or automated data collection without our prior written consent
- impersonate any person or misrepresent your affiliation with any person or entity
- use the Website for any fraudulent or deceptive purpose
- circumvent or attempt to circumvent any security measures or access restrictions
- collect personal data of other users
- post or transmit content that is unlawful, harmful, defamatory, obscene, or infringing on third-party rights
- interfere with the proper operation of the Website or its underlying technology
We reserve the right to investigate and take appropriate legal action against anyone who, in our reasonable judgment, violates this section.
6. Intellectual Property
All content on this Website — including text, images, product designs, graphics, logos, illustrations, video, and brand elements — is the property of Bergh Special Products B.V., its affiliates, or its licensors, and is protected by Dutch and international copyright, trademark, and other intellectual property laws.
You may not use, reproduce, distribute, modify, publicly display, transmit, or otherwise exploit any content or brand element without our prior written permission.
Limited fair use is permitted for non-commercial purposes if all of the following conditions are met:
- the source is clearly credited as "Bergh Special Products" or "bspshop.com"
- a direct, working link to the original page on https://bspshop.com is provided
- the use does not damage our reputation or imply endorsement
- the use complies with applicable copyright exceptions (e.g. quotation, education, news reporting)
Any commercial use of our content or brand requires a separate written license.
For content, products, or brands featured on our Website that do not belong to Bergh Special Products B.V., any use must be agreed directly with the respective rights holder.
If you believe content on our Website infringes your intellectual property rights, please contact us at info@bspshop.com.
7. Product Information and Availability
We strive to ensure that all product descriptions, images, specifications, and information on the Website are accurate and up to date. However, we do not warrant that all content is error-free.
We reserve the right to:
- correct any errors, inaccuracies, or omissions at any time without prior notice
- modify or discontinue products without notice
- limit the quantity of products that may be purchased
Product descriptions, specifications, and other product information form an integral part of the purchase agreement. By placing an order, you confirm that you have read and accepted the product description, including any specifications, limitations, or conditions stated therein.
For questions about specific products, please contact us before placing your order.
8. Pricing and Currency
All prices on the Website are displayed in EUR unless otherwise specified.
Prices are subject to change without notice. The price applicable to your order is the price displayed at the moment of order confirmation.
In the event of an obvious pricing error (e.g. a price that any reasonable person would recognize as a mistake), we reserve the right to cancel the order, even after confirmation, and to refund any amount paid. We will notify you promptly in such cases.
For B2C consumer purchases, prices include VAT where applicable. For B2B purchases, prices are exclusive of VAT unless stated otherwise. Detailed pricing rules are set out in the relevant Terms of Sale.
9. Orders and Order Acceptance
The display of products on the Website is an invitation to make an offer, not a binding offer of sale.
When you place an order, you make an offer to purchase the products. An order is only considered accepted once we have confirmed it (typically by email).
We reserve the right to refuse or cancel any order at our discretion, including in cases of:
- incorrect pricing or product information
- suspected fraud or abuse
- product unavailability
- inability to verify identity, age, or shipping information
- restrictions under export control laws or sanctions regimes
Detailed rules on orders, payment, delivery, returns, and warranty are set out in the Terms of Sale B2C and Terms of Sale B2B.
10. Links to Third-Party Services
The Website may include links to external websites, services, or content operated by third parties. We provide these links for your convenience only.
We do not control and are not responsible for the content, privacy practices, security, or terms of any third-party site. Accessing third-party sites is at your own risk, and you should review their terms and privacy policies before use.
11. Disclaimer and Limitation of Liability
The Website and its content are provided "as is" and "as available", without warranties of any kind, except as required by mandatory law (in particular Dutch consumer law).
We do not warrant that:
- the Website will be available without interruption
- defects will be corrected immediately
- the Website is free from viruses or other harmful components
- the information provided is complete, accurate, or current at all times
To the maximum extent permitted by applicable law, Bergh Special Products B.V. shall not be liable for any indirect, incidental, special, or consequential damages arising from or in connection with your use of the Website, including but not limited to loss of profit, loss of data, business interruption, or reputational harm.
Nothing in these Terms & Conditions excludes or limits our liability for:
- death or personal injury caused by our negligence
- fraud or fraudulent misrepresentation
- intent or gross negligence
- any other liability that cannot be excluded or limited under mandatory applicable law (in particular consumer rights under Dutch and EU law)
For purchases, additional liability provisions are set out in the relevant Terms of Sale.
12. Use of Products
Products purchased through the Website must be used in a reasonable and intended manner, in accordance with provided instructions and product information.
Products must not be used if they are damaged, defective, or show signs of malfunction. Continued use of such products is at your own risk.
We are not liable for any damage, injury, or loss resulting from improper use, misuse, modification, or use of damaged products. Specific warranty terms are set out in the relevant Terms of Sale and our Return & Warranty Policy.
13. Privacy and Cookies
Your use of the Website is also governed by our:
- Privacy Policy — explaining how we collect, use, and protect your personal data
- Cookie Policy — explaining how we use cookies and similar technologies
By using the Website, you acknowledge that you have read these policies.
14. Force Majeure
We are not liable for any failure or delay in performance arising from circumstances beyond our reasonable control, including but not limited to natural disasters, war, civil unrest, strikes, supplier failures, transport disruptions, energy shortages, pandemics, cyber-attacks, or government actions.
In such cases, our obligations are suspended for the duration of the force majeure event.
15. Changes to These Terms
We may update these Terms & Conditions from time to time to reflect changes in our services, technology, legal requirements, or business practices.
The date of the last update is shown at the top of this page. Continued use of the Website after changes are posted constitutes acceptance of the revised Terms.
For material changes, we may provide additional notice (e.g. via banner or email).
16. Governing Law and Jurisdiction
These Terms & Conditions and your use of the Website are governed by the laws of the Netherlands, with the express exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG).
Any disputes arising from or in connection with these Terms shall be submitted to the exclusive jurisdiction of the competent court in Arnhem, the Netherlands, unless mandatory law provides otherwise.
Mandatory consumer protection. If you are a consumer resident in the European Union, you also benefit from the mandatory provisions of the consumer protection laws of your country of residence. Nothing in this section overrides those rights.
For online dispute resolution, the European Commission provides an ODR platform at https://ec.europa.eu/consumers/odr.
17. Severability
If any provision of these Terms & Conditions is or becomes invalid, illegal, or unenforceable in any jurisdiction, this shall not affect the validity or enforceability of the remaining provisions.
The parties shall replace the invalid provision with a valid provision that comes as close as possible to the original commercial intent.
18. Entire Agreement
These Terms & Conditions, together with the documents referred to herein (Privacy Policy, Cookie Policy, Terms of Sale B2C, Terms of Sale B2B, Return & Warranty Policy, Shipping & Delivery Policy), constitute the entire agreement between you and us regarding your use of the Website.
In case of conflict between these Terms & Conditions and the Terms of Sale regarding a specific purchase, the Terms of Sale prevail.
19. Contact
If you have any questions about these Terms & Conditions, please contact us at:
Email: info@bspshop.com
Postal address: Bergh Special Products B.V., Handelsweg 10, 7041 GX 's-Heerenberg, The Netherlands
Phone: +31 (0)314 - 35 94 90
For privacy-related questions, please use privacy@bspshop.com (see our Privacy Policy).
