These Terms and Conditions govern use of burgensia.com and the quotation, purchase and supply of products offered by Société Burgensia SARL. They are intended to provide a clear framework for both international B2B/export transactions and any distance sale to a consumer to which mandatory consumer-protection rules apply.
Important: Where mandatory provisions of applicable law give a customer rights that cannot lawfully be excluded or restricted, those provisions prevail over any inconsistent wording in these Terms.
1. Company and contact information
Société Burgensia SARL
Lot 3.084.08 Tanambao Nord, Antsiranana, Madagascar
NIF 5005785442
STAT 07294712021001853
Export Code MGREX5005785442
Email: Office@Burgensia.com
These details are provided in accordance with the information requirements applicable to distance offers, including Article 31 of Madagascar Law No. 2015-014 on guarantees and consumer protection.
2. Website use
The website may be used only for lawful purposes. Users must not attempt unauthorised access, interfere with website operation or security, introduce malicious code, submit fraudulent information, misuse another person’s account, or use the website in violation of applicable law.
3. Product information, descriptions and representations
Burgensia seeks to present products accurately, including descriptions, grades, dimensions, images, origin information, availability and commercial characteristics. Product information displayed online may be subject to availability and seasonal variation. Final specifications and commercial conditions are those confirmed in the applicable quotation, pro forma invoice, purchase order or signed sales agreement.
Madagascar Law No. 2015-014 Article 28 prohibits advertising containing false or misleading indications concerning, among other things, the nature, composition, substantial qualities, origin, quantity, price or conditions of sale of goods. Burgensia therefore does not intend these Terms to authorise misleading product claims.
4. B2B and export transactions
Burgensia principally operates as an international supplier of vanilla and related export products. B2B transactions may be negotiated individually and may be governed by a quotation, pro forma invoice, purchase order, sales contract and agreed Incoterm. Those transaction documents determine the specific quantity, grade, specifications, price, payment terms, delivery point, allocation of costs and transfer of risk.
Where an agreed Incoterm is used, it will be interpreted according to the applicable ICC Incoterms rules identified in the commercial document.
5. Quotations and order acceptance
A website enquiry or quotation request is not itself an accepted order. A quotation may be subject to validity dates, availability and confirmation. An order becomes binding on Burgensia only when accepted or confirmed through the applicable commercial documentation, subject to any conditions stated in that documentation.
6. Prices, payment and bank charges
Prices, currencies, deposits, balance payments, payment deadlines and accepted payment methods are stated in the applicable quotation, pro forma invoice or sales agreement. For export transactions, Burgensia may require an advance payment and balance according to the agreed commercial terms.
Bank charges, customs duties, import taxes, destination charges and other costs are allocated according to the applicable transaction documents and agreed Incoterm. No payment instruction should be changed solely on the basis of an unsolicited email; customers should verify any changed banking instruction directly with Burgensia.
7. Delivery, shipping and transfer of risk
Delivery dates are estimates unless expressly guaranteed in writing. Shipping arrangements may involve carriers, freight forwarders, airlines, customs authorities, inspection bodies and other logistics providers. Risk and responsibility for transport costs, insurance, customs clearance and related matters are allocated by the agreed Incoterm and transaction documents.
Delays caused by customs, authorities, carriers, weather, strikes, supply interruptions or other events outside Burgensia’s reasonable control will be handled according to the applicable contract and mandatory law.
8. Export and import documentation
Depending on the product and destination, shipments may require commercial invoices, packing lists, certificates of origin, phytosanitary documents, analytical or quality documents, customs documentation, transport documents or other certificates. The exact documents supplied are those applicable to the transaction and destination. The buyer remains responsible for complying with mandatory import requirements in the destination country unless the agreed Incoterm or contract expressly allocates a particular obligation to Burgensia.
9. Product conformity and claims
Products are supplied according to the specifications confirmed for the relevant transaction. Customers should inspect goods promptly after delivery and notify Burgensia of any shortage, damage or alleged non-conformity with sufficient evidence, including photographs, shipping records, batch or lot information and the relevant invoice or order reference.
Nothing in these Terms removes or limits a mandatory legal right concerning conformity, guarantees or consumer protection. In particular, Madagascar Law No. 2015-014 Article 30 provides a statutory 15-day period from delivery for an buyer of a non-conforming product to return it to the seller for exchange or reimbursement without penalties, subject to the law’s application.
10. Returns and refunds
Returns and refunds are governed by the separate Refund and Returns Policy and the applicable transaction documents. Voluntary returns are not automatically available where no legal or contractual right exists, particularly for international food and agricultural products whose condition, customs status or import restrictions may make return impracticable. This does not limit mandatory rights for non-conforming goods or other rights that cannot lawfully be excluded.
11. Consumer and distance-sale protection
Where a transaction is a distance sale to a consumer within the scope of Madagascar Law No. 2015-014, the mandatory provisions of that law apply. Article 31 requires the professional to provide its contact details and registered office address in a distance-sale offer. Article 30 provides the statutory remedy for a non-conforming product described above. Nothing in these Terms is intended to waive those mandatory protections.
12. Intellectual property
The Burgensia name, logo, website content, original images, text and other materials are protected by applicable intellectual-property laws. No content may be reproduced, copied, republished or commercially exploited without appropriate authorisation, except where permitted by law.
13. Website availability and third-party services
Burgensia aims to keep the website available and secure but does not guarantee uninterrupted availability. The website may depend on third-party hosting, payment, analytics, security, communications and other services. Their temporary unavailability may affect certain functions.
14. Limitation of liability
To the extent permitted by applicable law, Burgensia is not responsible for indirect loss caused solely by events outside its reasonable control or by a third party’s failure to perform. Nothing in these Terms excludes or limits liability or statutory rights that cannot lawfully be excluded or limited.
15. Governing law and contractual documents
These Terms are issued by a Madagascar-based business and are intended to be interpreted consistently with applicable Madagascar law. For international B2B transactions, the governing law, forum and dispute-resolution provisions stated in the signed sales agreement or other binding commercial document will apply where they differ from these general website Terms. Mandatory consumer protections remain applicable where required by law.
16. Privacy and cookies
Personal-data processing is governed by the Privacy Policy and Cookie Policy. These documents form part of the website’s legal information framework and explain the handling of personal data, cookies, rights and applicable safeguards.
17. Changes to these Terms
Burgensia may update these general website Terms when its services, products, technologies or legal obligations change. A change does not retroactively alter a signed sales agreement unless permitted by that agreement and applicable law.
18. Legal references
Principal consumer-law references include Madagascar Law No. 2015-014 on guarantees and consumer protection, particularly Article 28 on misleading advertising, Article 30 on non-conforming products in distance/direct sales, and Article 31 on information required in distance-sale offers.