Return, Refund & Cancellation Policy

1. Introduction & Scope

This Return, Refund & Cancellation Policy ("Policy") governs all purchases made through Trade Chemicals Europe BV ("TCE," "we," "us," or "our"). As a Business-to-Business (B2B) wholesale chemical supplier, our primary customers are businesses, professionals, and commercial entities.

This Policy is designed to comply with applicable European Union regulations, including the EU Consumer Rights Directive 2011/83/EU, Dutch civil law (Burgerlijk Wetboek), and relevant chemical safety regulations including REACH (EC 1907/2006) and CLP Regulation (EC 1272/2008).

2. Definitions

Term	Definition
Business Customer	Any natural or legal person acting for purposes relating to their trade, business, craft, or profession
Consumer	Any natural person acting for purposes outside their trade, business, craft, or profession
Hazardous Goods	Chemical products classified as dangerous under the CLP Regulation, including flammable, corrosive, toxic, or environmentally hazardous substances
Custom Orders	Products manufactured, mixed, or packaged specifically to customer specifications
Working Days	Monday to Friday, excluding Dutch public holidays

3. Business-to-Business (B2B) Transactions

3.1 General B2B Return Policy

As a business customer, you acknowledge that the statutory 14-day withdrawal right under EU Consumer Rights Directive 2011/83/EU does not apply to B2B transactions. Returns are accepted at our discretion and subject to the following conditions:

Conditions for B2B Returns:

• Return request must be submitted within 7 working days of delivery
• Products must be unopened, unused, and in original sealed packaging
• Products must be in resaleable condition with all labels, safety data sheets, and documentation intact
• A valid Return Merchandise Authorization (RMA) number must be obtained prior to return
• Customer is responsible for all return shipping costs unless the return is due to our error

3.2 B2B Return Exclusions

The following items cannot be returned under any circumstances:

• Opened, unsealed, or partially used chemical containers
• Products that have been diluted, mixed, or altered in any way
• Custom orders or products manufactured to customer specifications
• Products with broken tamper-evident seals
• Temperature-sensitive products that have left the cold chain
• Products past their expiration or recommended use-by date
• Hazardous materials where return shipping would violate ADR/IMDG regulations
• Products discontinued or no longer in our catalog

3.3 B2B Restocking Fee

Approved B2B returns may be subject to a restocking fee of up to 20% of the product value to cover inspection, re-certification, and administrative costs.

4. Business-to-Consumer (B2C) Transactions

4.1 Right of Withdrawal (14-Day Cooling-Off Period)

If you are purchasing as a Consumer (as defined by EU law), you have the right to withdraw from your purchase within 14 calendar days without giving any reason, in accordance with Article 9 of EU Directive 2011/83/EU.

Withdrawal Period:

• The withdrawal period expires 14 days from the day on which you acquire, or a third party indicated by you (other than the carrier) acquires, physical possession of the goods
• For multiple goods ordered in one order but delivered separately: 14 days from delivery of the last item

How to Exercise Your Right of Withdrawal:

To exercise your right of withdrawal, you must inform us of your decision by an unequivocal statement. You may use the following contact methods:

• Email: [email protected]
• Post: Trade Chemicals Europe BV, Pannekoekendijk 23a, 7887 EV Erica, The Netherlands
• Online: Submit a return request through your account at tce.b2bwave.com

You may use the Model Withdrawal Form provided at the end of this Policy, but it is not obligatory.

4.2 Consumer Right of Withdrawal – Exceptions

In accordance with Article 16 of EU Directive 2011/83/EU, the right of withdrawal does not apply to:

• Sealed goods which are not suitable for return due to health protection or hygiene reasons and which have been unsealed after delivery (this applies to most chemical products once opened)
• Goods which are liable to deteriorate or expire rapidly
• Goods made to customer specifications or clearly personalized
• Goods which have become inseparably mixed with other items after delivery

4.3 Consumer Return Conditions

For valid consumer returns within the withdrawal period:

• Products must be sealed and unopened in original packaging
• Products must be returned with all original labels, safety documentation, and accessories
• You must return the goods without undue delay and in any event within 14 days from the day you communicate your withdrawal
• You bear the direct cost of returning the goods unless we have agreed otherwise
• We may offer collection services for hazardous materials at an additional cost

5. Order Cancellation

5.1 Cancellation Before Dispatch

You may cancel your order free of charge if:

• The order has not yet been processed for dispatch
• Cancellation request is received within 24 hours of order placement

To request cancellation, contact us immediately via:

• Email: [email protected]
• Phone: +31 (0)85 888 3500

Please include your order number and reason for cancellation.

5.2 Cancellation After Dispatch

Once an order has been dispatched:

Customer Type	Cancellation Rights
Business (B2B)	Cancellation not possible. You may refuse delivery, but will be responsible for return shipping costs and may incur a restocking fee
Consumer (B2C)	You may exercise your 14-day right of withdrawal (where applicable). You are responsible for return shipping costs

5.3 Custom Order Cancellations

Custom orders, including products manufactured, blended, or packaged to your specifications, cannot be cancelled once production has commenced. A binding contract is formed upon order confirmation.

6. Damaged, Defective, or Incorrect Goods

6.1 Inspection Upon Delivery

All customers must inspect goods immediately upon delivery.

• Check packaging for visible damage before signing delivery receipt
• Note any damage on the carrier's delivery documentation
• Report any visible damage within 24 hours of delivery
• Report concealed damage within 48 hours of delivery

6.2 Reporting Defects or Discrepancies

To report damaged, defective, or incorrect goods:

1. Do not use or open the product (unless inspection is necessary)
2. Photograph the damage, defect, or incorrect item(s)
3. Contact us within 48 hours with:
   • Order number
   • Description of the issue
   • Photographs showing the problem
   • Batch/lot number (if visible)

Contact: [email protected] | Subject line: "Damaged/Defective Goods – Order #[NUMBER]"

6.3 Our Response to Valid Claims

For verified claims of damaged, defective, or incorrect goods, we will at our discretion:

• Replace the product(s) at no additional cost
• Provide a full refund including original shipping costs
• Issue a credit note for future purchases

We will cover all return shipping costs for goods that are demonstrably our error or arrived damaged/defective.

6.4 Warranty and Liability

• All products are supplied in accordance with their specifications and Safety Data Sheets (SDS)
• Our liability is limited to the replacement value of the defective goods
• We are not liable for any consequential, indirect, or incidental damages arising from product use or defects
• Business customers acknowledge they have assessed the suitability of products for their intended application

7. Refund Procedures

7.1 Refund Eligibility

Refunds will be issued for:

• Approved returns within the applicable return period
• Orders cancelled before dispatch
• Damaged or defective goods (verified claims)
• Incorrect goods shipped due to our error
• Valid consumer withdrawal requests

7.2 Refund Method

Refunds will be processed using the same payment method used for the original purchase:

Payment Method	Refund Method
Credit/Debit Card	Original card refund
Bank Transfer	Bank transfer to originating account
Invoice/Net Terms	Credit note or bank transfer

7.3 Refund Timeline

Scenario	Processing Time
Order cancelled before dispatch	5–7 working days
Consumer withdrawal (product returned)	Within 14 days of receiving returned goods
Damaged/defective goods	5–10 working days after verification
B2B approved returns	10–14 working days after inspection

7.4 Deductions from Refunds

We may deduct from refunds:

• Restocking fees (B2B returns, where applicable)
• Reduction in value if goods show signs of handling beyond what is necessary to establish their nature, characteristics, and functioning
• Original shipping costs (if return is not due to our error)

8. Return Shipping

8.1 Responsibility for Return Shipping Costs

Scenario	Who Pays
B2B discretionary returns	Customer
Consumer withdrawal	Customer
Damaged or defective goods	TCE
Incorrect goods shipped	TCE
Order shipped in error by TCE	TCE

8.2 Hazardous Materials Return Shipping

You must not return hazardous materials via standard postal or courier services. Contact us to arrange appropriate return logistics. We may provide approved carrier details or arrange collection at your cost (unless return is due to our error).

8.3 Return Packaging Requirements

Returns must be packaged in compliance with:

• Original or equivalent protective packaging
• Proper labeling and documentation for hazardous materials
• Secure containment to prevent leaks, spills, or damage in transit

We reserve the right to refuse returns that arrive damaged due to inadequate packaging.

9. Dispute Resolution

9.1 Internal Complaint Handling

If you are dissatisfied with our handling of a return, refund, or cancellation:

1. Contact our Customer Service team at [email protected]
2. We will acknowledge your complaint within 3 working days
3. We aim to resolve complaints within 14 working days
4. You will receive a written response with our final decision

9.2 Alternative Dispute Resolution (ADR)

For Consumers in the EU:

In accordance with EU Regulation 524/2013, we inform you that the European Commission provides an Online Dispute Resolution (ODR) platform for out-of-court resolution of consumer disputes:

You may use this platform to submit a complaint if we cannot resolve your issue directly.

9.3 Governing Law and Jurisdiction

• This Policy is governed by the laws of the Netherlands
• For B2B disputes: exclusive jurisdiction of the courts of Emmen, Netherlands
• For B2C disputes: consumers may bring proceedings in the courts of their member state of residence, as provided by EU Regulation 1215/2012

11. Policy Updates

We reserve the right to modify this Policy at any time. Changes will be effective immediately upon posting to our website. The "Last Updated" date at the top of this Policy indicates when revisions were last made.

For significant changes, we will make reasonable efforts to notify customers via email or website notification.

---

Appendix A: Model Withdrawal Form

(Complete and return this form only if you wish to withdraw from the contract)