In these Terms and Conditions, you will find information about our rights and obligations relating to the use of our product and services. We recommend you carefully read these terms and conditions .
The terms and conditions contained in this document
Any service that is offered by fyr
The combination of Customer username and password necessary to place an order on our Website
The legal person that has placed an order on our website
The cooperation fyr coöperatie U.A., registered and located at Maastrichter Smedenstraat 28c, 6211 GL, The Netherlands.
The agreement between Customer and fyr to be concluded upon placing and order for our Product and//oor making use of our Services.
A product offered on the Website by fyr
Fyr’s website where the Product(s) and Services are offered;
1. The Terms and Conditions are applicable to any offer the fyr sets forth on the Website, the use of the Website, and any Agreement concluded via the Website.
2. Fyr may supplement or modify to these T erms and Conditions at any time. Changes are not applicable to already concluded Agreements. The most recent Terms and Conditions can be found on the Website. In the
event that the Customer does not agree with the modified agreement, the Customer no longer is able to place an order.
3. Fyr explicitly rejects any terms and conditions from the Customer . These will be treated as non - applicable to the Agreement between fyr and the Customer.
1. The Agreement is concluded by accepting the Terms and Conditions as part of completing the order
2. Any offer on the Website is non-binding and may be immediately revoked at any time.
3. Fyr is not bound to any obvious errors or mistakes relating to Offers found on the Website.
1. Fyr does not guarantee that information found on the Website is always correct, up to date, or complete.
2. During the order process, Login details must be filled in by the Customer. It is the responsibility of the Customer to ensure Login details are complete, up to date, and correct.
3. The Customer is responsible and accountable for any use of these Login details.
4. As soon as the Customer knows or has reason to suspect that Login Data has been received or used by unauthorized persons, the Customer shall notify fyr without prejudice to his or her own obligation to take immediate action, such as changing the Login Data.
5. Fyr reserves the right to change the login procedure or the Login details of the Customer if deemed necessary for the proper functioning of the Website.
1. The price stated for the Product or Service is valid at the time it is presented on the Website.
2. BTW (VAT) is included in the stated price. Any additional costs shall be noted on the Website, such as eventual shipping and transaction costs.
3. The available payment methods shall be communicated through the Website.
4. If the Customer does not pay on time or fyr is unable to collect payment via the payment method chosen by the Customer, fyr shall consider the Customer to be in default. Fyr is not required to send a (written) notice of default.
5. If the Customer is in default of payment, the supplier may outsource the claim.
1. Delivery dates indicated on the Website shall never be regarded as firm dates.
1. Personal data is transferred to fyr when the Customer visits the website, places an order, or fills in Login details. This personal data shall be processed according to the applicable laws provided for in the Privacy Statement.
1. If the Product does not meet the expectations conform the Agreement, fyr shall to attempt repair the product within a reasonable time. If for whatever reason replacement or compensation is not possible, fyr shall replace the Product within a reasonable time.
2. In the event that fyr is unable to replace or repair the Product within a reasonable time window, the Customer may seek a third party to perform the repair. Fyr shall compensate for the reasonable costs made by the third party relating to the repair of the Product.
3. In the event the Customer knew or reasonably could have known of the defect, or in the event the nature of the purchased Product or the nature of the defect should reasonably prevent the Customer from relying upon the provisions above.
1. Fyr’s liability is limited to the compensation of direct loss regardless of the stated claim for liability.
2. In regard to paragraph 1, fyr defines direct loss as:
a. Property damage, solely within the meaning of Section 3 Chapter 3 of Book 6 of the Dutch Civil Code (Burgerlijke Wetboek)
b. Reasonable costs made for avoiding property damage insofar the Customer can prove that the expenses incurred have led to a limitation in the property damage in relation to the Agreement.
c. Reasonable expenses made by the Customer to establish the cause and extent of the damage, insofar the damage is directly related to the property damage in relation to the Agreement.
d. Reasonably made costs made by the Customer to hold fyr accountable for the defective performance in relation to the Agreement.
3. Fyr is not liable for damage or loss other than direct loss as defined in paragraph 2. This includes, but is not limited to, loss of profit, loss of earnings, expected savings, and other similar financial losses as well as loss of goodwill or reputation and all other damage that does not fall within the scope of direct loss.
4. To the extent that fyr is liable, the liability is limited to the stated price of the Service or Product.
5. The right to claim compensation for damage expires one (1) year after the event that caused the damage has taken place.
1. The Customer may not transfer any rights or obligations from the Agreement to third parties.
2. Dutch law is the applicable law to the Agreement. The application of the CISG is expressly rejected.