Table of contents

Article 1 - Definitions
Article 2 - Identity of BERG
Article 3 - Applicability
Article 4 - The Offer
Article 5 - The Agreement
Article 6 - Right of Withdrawal
Article 7 - Cost in the Event of Withdrawal
Article 8 - Exclusion of the Right of Withdrawal
Article 9 - The Price
Article 10 - Conformity and Warranty
Article 11 - Liability
Article 12 - Deliverability and Performance
Article 13 - Payment
Article 14 - Complaints
Article 15 - Privacy
Article 16 - Applicable Law and Competent Court
Article 17 - Amendment of the General Terms and Conditions
Article 18 - Transfer of Business
Article 19 - Language and Interpretation

Article 1 – Definitions
In these terms and conditions, the following definitions apply:

1. General Terms and Conditions: the present terms and conditions for consumers;
2. Cooling-off period: the period within which the consumer may exercise his right of withdrawal;
   
3. Consumer: the natural person who does not act in the exercise of a profession or business;
   
4. Durable data carrier: any means that enables the consumer or the trader to store information addressed personally to him in a way that allows for future consultation and unchanged reproduction of the stored information;
5. Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the cooling-off period;
   
6. Model withdrawal form: the model withdrawal form made available by BERG, which a consumer may complete if he wishes to exercise his right of withdrawal;
   
7. BERG: the legal entity as defined in Article 2 of these General Terms and Conditions;
   
8. Distance contract: a contract for the sale and delivery of products by BERG to the consumer, which has been concluded via the website;
9. Website: www.berg.com.

Article 2 – Identity of BERG
Berg Toys B.V.
Stevinlaan 2
6716 WB Ede
The Netherlands

T +31 (0)85 400 3355
E [email protected]
Chamber of Commerce: 09094642
VAT number: NL806218290B01

Article 3 - Applicability

1. These General Terms and Conditions apply to all offers and all distance contracts relating to the sale and delivery of products via BERG’s website to consumers. Acceptance of offers or placing orders on BERG’s website implies acceptance of the applicability of these General Terms and Conditions. These General Terms and Conditions explicitly do not apply to business transactions conducted through our dealers. The general terms of delivery applicable to such business transactions are available via the website.
2. Prior to the conclusion of the distance contract, the text of these General Terms and Conditions shall be made available to the consumer via the website in such a manner that the consumer can easily store them on a durable data carrier.
   
3. In the event that, in addition to these General Terms and Conditions, specific promotional terms and conditions also apply, such promotional terms and conditions shall likewise be made available via the website. In the event of conflicting general terms and conditions, the consumer may always rely on the provision that is most favourable to him.
   
4. If one or more provisions of these General Terms and Conditions are at any time wholly or partially null and void or are annulled, the agreement and these General Terms and Conditions shall otherwise remain in full force and effect. The relevant provision shall be replaced without delay, by mutual agreement, with a provision that approximates the intent of the original provision as closely as possible.
   

Article 4 - The offer

1. All offers, as well as the prices, fees and time periods stated by BERG on the website, are non-binding. BERG is entitled to modify and amend the offer until the distance contract has been concluded. Obvious mistakes or obvious (pricing) errors in the offer on the website shall not be binding on BERG.
   
2. If an offer or promotion has a limited period of validity or is subject to conditions, this shall be stated on the website.
3. Despite careful compilation of the offer on the website, BERG cannot guarantee that the product images and the colours displayed always exactly correspond to the appearance and colour of the products delivered.

Article 5 – The Agreement

1. The distance contract is concluded after an application or order from the consumer has been confirmed by BERG by electronic means. In this respect, BERG’s administrative records shall be decisive.
2. If BERG is of the opinion that the consumer’s financial position or payment behaviour gives reason not to enter into the distance contract, BERG is entitled to refuse an order or application or to attach different (payment) conditions to its execution.
   
3. Each distance contract is concluded subject to the suspensive condition of sufficient availability of the relevant products.

Article 6 – Right of Withdrawal

1. Upon the purchase of products, the consumer has the right to cancel the distance contract without stating reasons within a period of 14 days. This cooling-off period shall commence on the day following receipt of the product by the consumer or a representative designated in advance by the consumer and made known to BERG, or:

   1. if the consumer has ordered multiple products in the same order that are delivered separately, the day on which the consumer or a representative made known to BERG receives the last product;
   2. if the delivery of a product consists of several shipments or parts, the day on which the consumer or a representative designated in advance by the consumer and made known to BERG receives the last shipment or the last part.
2. During the cooling-off period, the consumer shall handle the product and its packaging with due care. The consumer shall only unpack or use the product to the extent necessary to assess whether he wishes to retain the product. The guiding principle is that the consumer may only handle and inspect the product as he would be permitted to do in a physical store. If the consumer exercises his right of withdrawal, he shall return the product to BERG with all accessories supplied and, if reasonably possible, in its original condition and packaging, without signs of use, in accordance with the reasonable and clear instructions provided by BERG. These instructions are available on the website.
   
3. If the consumer wishes to exercise his right of withdrawal, he is obliged to notify BERG within the cooling-off period. Such notification must be made by means of the model withdrawal form or by another unambiguous written statement.
4. After the consumer has notified BERG of his intention to exercise the right of withdrawal, the consumer shall return the product as soon as possible, but no later than 14 days from the day of withdrawal, to a return address designated by BERG. The risk and the burden of proof for the correct and timely exercise of the right of withdrawal lie with the consumer.
5. Model withdrawal form:

To: Berg Toys B.V., established at Stevinlaan 2, 6716 WB Ede, The Netherlands, [email protected]

I/We (*) hereby inform you that I/we (*) withdraw from our contract relating to the sale of the following goods/provision of the following service (*):

Ordered on (*)/Received on (*):

Name(s) of consumer(s):

Address of consumer(s):

Signature of consumer(s): [only if this form is submitted on paper]

Date:

(*) Delete as appropriate

Article 7 - Costs in the Event of Withdrawal

1. If the consumer exercises his right of withdrawal, the costs of returning the product shall be borne entirely by the consumer. The consumer is hereby informed that the return shipping costs for heavy products (more than 30 kg) may be substantial, as such products cannot be sent by regular post.
2. If the consumer has paid an amount, BERG shall refund this amount, including any delivery costs, no later than 14 days after withdrawal. BERG may withhold reimbursement until it has received the product back or until the consumer has provided evidence that the product has been returned, whichever occurs first.
3. Reimbursement shall be made using the same payment method as used by the consumer, unless the consumer has expressly agreed to a different payment method.
4. If the consumer has chosen a more expensive method of delivery than the cheapest standard delivery offered, BERG shall not be required to reimburse the additional costs of the more expensive delivery method.
5. If the consumer has handled the product in a manner that goes beyond what is necessary to establish the nature, characteristics and functioning of the product, and the product has thereby been damaged or otherwise reduced in value, BERG reserves the right to apply a deduction based on the diminished value of the product.

Article 8 – Exclusion of the Right of Withdrawal

1. The right of withdrawal is excluded in the case of orders for personalised products (products that are made specifically for the Consumer), including, but not limited to, the personalised licence plate that can be requested via the website.

Article 9 - The Price

1. The prices stated on the website include VAT and any other government-imposed levies applicable at the time the distance contract is concluded, unless expressly stated otherwise.
2. If a (promotional) price has a limited period of validity or is subject to conditions, this shall be stated on the website.
3. All prices and rates stated on the website and in mailings from BERG are subject to price changes and programming and typographical errors. In such cases, BERG reserves the right to cancel the (possibly agreed) distance contract. This applies, for example, where a product is displayed as free of charge or where the price is so low that it is clear to a consumer that a mistake has been made. In such cases, BERG shall inform the consumer thereof as soon as possible.

Article 10 – Conformity and Warranty

1. BERG is legally obliged to deliver products that conform to the distance contract. The consumer is also obliged to examine whether the product conforms to the distance contract upon delivery. Any defects or incorrectly delivered products must be reported to BERG in writing within 2 months after the defect has been discovered.
2. All products ordered via BERG’s website are covered by the statutory warranty. Within the scope of the statutory warranty, BERG shall ensure that a defective product is repaired or, if repair is not possible, replaced. In addition to the statutory warranty, BERG offers a commercial warranty for a period of 3, 5, 8 or 13 years, depending on the type of product, provided that the purchased product is registered within 1 month after purchase. More information regarding the terms and conditions of this warranty is available on the website.
   
3. BERG’s warranty does not apply if:
   

   1. the consumer has repaired and/or modified the delivered products himself or has had them repaired and/or modified by third parties;
      
   2. the delivered products have been exposed to abnormal conditions or have otherwise been handled carelessly or contrary to the instructions of BERG and/or those stated on the packaging;
   3. the defect is wholly or partly the result of regulations imposed or to be imposed by the government with regard to the nature or quality of the materials used.
      

Article 11 - Liability

1. To the extent permitted by law and except in cases of intent and gross negligence, BERG shall not be liable for damage suffered by the consumer as a result of:

   1. the inaccuracy or incompleteness of the content of the website;
   2. the (improper) use of the website by the consumer;
   3. the provision of incorrect information by the consumer;
   4. improper use of the delivered product, or use of the product in a manner not in accordance with the instructions for use or user manual.

Article 12 - Delivery and Performance

1. The place of delivery shall be deemed to be the home address or (if applicable) the pick-up point address communicated by the consumer to BERG via the website. The consumer guarantees that the address details provided by him are correct and complete.
   
2. All (delivery) timeframes stated by BERG on the website are indicative only and shall never be considered as strict deadlines. This also applies to communicated delivery times in the case of a pre-order. Exceeding a delivery timeframe, for whatever reason, shall not entitle the consumer to compensation or to suspend or refuse performance of any obligation incumbent upon him under the distance contract or any related agreement.
   
3. If no longer delivery period has been agreed, the consumer shall be entitled to dissolve the distance contract free of charge in the event that the maximum statutory delivery period of 30 days is exceeded, provided that the consumer has granted BERG a reasonable additional period for delivery and delivery has not taken place within that period. The consumer must notify BERG thereof in writing. In such case, BERG shall refund the amount paid by the consumer no later than 14 days after dissolution.
   
4. If delivery of an ordered product proves to be impossible, BERG shall make reasonable efforts to make a replacement item available. If a replacement product can be made available, BERG shall inform the consumer accordingly. The consumer shall have the right to accept the offer of the replacement product or to dissolve the agreement free of charge. If the consumer receives a replacement product and does not wish to retain it, the replacement product may be returned to BERG. These General Terms and Conditions shall apply in full to the delivery of a replacement product.
5. The risk of damage to and/or loss of products shall rest with BERG until the moment of delivery to the consumer or a representative designated in advance by the consumer and made known to BERG, unless expressly agreed otherwise.

Article 13 – Payment

1. The consumer shall pay the amount due immediately upon placing the order, unless otherwise agreed. The available payment methods are displayed on the website. If a deferred payment method is used, such as Klarna, the terms and conditions of the relevant payment provider shall apply.
2. The consumer is obliged to report any inaccuracies in the payment details provided or stated to BERG without delay.
3. In the event of default in payment by the consumer, BERG shall be entitled, subject to statutory limitations, to charge the reasonable collection costs previously made known to the consumer.

Article 14 – Complaints

1. Complaints must be submitted to BERG within a reasonable period after the consumer has identified the defects and must be described fully and clearly.
2. BERG aims to respond to complaints within 24 hours, but in any event within a period of 14 days. If a complaint requires a foreseeably longer processing time, BERG shall respond within the 14-day period with an acknowledgement of receipt and an indication of when the consumer can expect a more detailed response.
   
3. BERG aims to resolve complaints with the consumer by mutual consultation. If a complaint is found to be justified by BERG, it shall, at its discretion, either send replacement parts free of charge or replace or repair the delivered product free of charge. BERG is not obliged to participate in an alternative dispute resolution procedure.
   

Article 15 - Privacy

1. BERG takes appropriate technical and organisational measures to secure the electronic transmission of consumers’ personal data and processes such data in accordance with its policy as described in its privacy statement.

Article 16 – Applicable Law and Competent Court

1. Dutch law shall exclusively apply to agreements between BERG and the consumer to which these General Terms and Conditions apply, even if the consumer resides abroad, unless mandatory consumer protection law of the Member State in which the consumer resides compulsorily declares the application of local national law.
   
2. The United Nations Convention on Contracts for the International Sale of Goods (CISG) shall not apply.
3. All disputes arising from or related to agreements between BERG and the consumer to which these General Terms and Conditions apply shall be submitted exclusively to the competent court in Utrecht, the Netherlands. This shall also apply to foreign consumers, insofar as permitted under mandatory European and national (consumer) law. The consumer retains the right to submit the dispute to the legally competent court within one month after BERG has invoked this choice of forum in writing.

Article 17 – Amendment of the General Terms and Conditions

1. BERG reserves the right to amend or supplement these General Terms and Conditions at any time.
   
2. Amendments to these General Terms and Conditions shall enter into force on the announced effective date. Orders placed prior to that date shall be governed by the version of the General Terms and Conditions applicable at that time.

Article 18 – Transfer of Business

1. BERG is entitled to transfer its rights and obligations under the distance contract with the consumer to a third party in the context of the transfer of (part of) its business, provided that such transfer does not prejudice the rights of the consumer. The consumer hereby gives prior consent to such transfer.

Article 19 – Language and Interpretation

1. These General Terms and Conditions were originally drafted in the Dutch language and translated into several other languages. In the event of any discrepancies in text and/or interpretation, the English version shall always prevail and be decisive, to the extent permitted under the national law of the consumer’s Member State.

Date of last change: Ede, Netherlands, 22 January 2026