General terms and conditions

General terms and conditions apply to the sale of our products via the BYE webshop. These terms and conditions are intended to set out the rights and obligations of us as a seller and you as a buyer as clearly and comprehensibly as possible.

1 – Meaning of words in these general terms and conditions

In the following text of the general terms and conditions, the following words have a fixed meaning:

  • BYE: with this name we refer to ourselves. BYE is the company that manages this website and offers products for sale. BYE VOF, we are located in Amsterdam at IJsbaanpad 70c;
  • Copper: the consumer who enters into a purchase agreement with BYE with regard to one or more of the products that BYE offers in the BYE webshop;
  • Reflection period : the period within which the buyer can make use of his right of withdrawal;
  • Right of withdrawal : the option for the buyer to cancel the Distance Contract within the cooling-off period;
  • Distance contract : an agreement concluded between BYE and the buyer within the framework of an organised system for the distance selling of products whereby up to and including the conclusion of the agreement exclusive or additional use is made of one or more techniques for distance communication;
  • Model withdrawal form : the European model withdrawal form included in Appendix I to these terms and conditions.

2 – Application of these general terms and conditions

  1. These general terms and conditions apply to every offer from BYE and to every distance contract concluded between BYE and the buyer.
  2. BYE will make the text of these general terms and conditions available to the buyer electronically in such a way that the buyer can easily store it on a durable data carrier.

3 – The Agreement

  1. The agreement is concluded at the moment the buyer accepts the offer and meets the conditions set therein.
  2. If the buyer has accepted the offer electronically, BYE will confirm receipt of acceptance of the offer electronically without delay. As long as receipt of this acceptance has not been confirmed by BYE, the buyer may terminate the agreement.
  3. BYE takes appropriate technical and organizational measures to secure the electronic transfer of data from Buyer to Bye and ensures a secure web environment. BYE takes appropriate security measures for electronic payment by Buyer to BYE.
  4. BYE is entitled to refuse an order or request or to attach special conditions to the execution.
  5. BYE will send the following in writing, or in such a way that the buyer can store it in an accessible manner on a durable data carrier, at the latest upon delivery of the product:
    • the visiting address of the BYE branch where the buyer can submit complaints;
    • the conditions under which and the manner in which the buyer can exercise the right of withdrawal;
    • the information about guarantees and existing after-sales service;
    • the price including all taxes of the product, and the method of payment and delivery;
    • the model withdrawal form.

4 – Right of withdrawal

  1. The buyer can dissolve an agreement regarding the purchase of a product during a reflection period of at least 14 days without giving reasons. BYE may ask the buyer for the reason for withdrawal, but may not oblige him to state his reason(s).
  2. The cooling-off period referred to in paragraph 1 commences on the day after the buyer, or a third party designated by the buyer in advance, who is not the carrier, has received the product, or:
    • if the buyer has ordered multiple products in the same order: the day on which the buyer, or a third party designated by the buyer, has received the last product. BYE may refuse an order for multiple products with different delivery times, provided that BYE has clearly informed the buyer of this prior to the ordering process.
    • if the delivery of a product consists of different shipments or parts: the day on which the buyer, or a third party designated by the buyer, has received the last shipment or the last part.

5 – Obligations of the buyer during the cooling-off period

  1. During the cooling-off period, the buyer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to determine the nature, characteristics and functioning of the product. The starting point here is that the buyer may only handle and inspect the product as he would be allowed to do in a shop.
  2. The buyer is only liable for any diminished value of the product resulting from handling the product in a way that deviates from normal handling and inspection as referred to in paragraph 1.
  3. The buyer is not liable for any diminished value of the product if BYE has failed to provide the buyer with all legally required information about the right of withdrawal before or at the conclusion of the agreement.

6 – Exercise of the right of withdrawal by the buyer and costs thereof

  1. If the buyer exercises his right of withdrawal, he shall notify BYE of this within the cooling-off period by means of the model withdrawal form or in another unambiguous manner.
  2. As soon as possible, but in any case within 14 days from the day following the notification referred to in paragraph 1, the buyer shall return the product or hand it over to BYE. This is not necessary if BYE has offered to collect the product itself. The buyer has in any case observed the return period if he returns the product before the cooling-off period has expired.
  3. The buyer shall return the product with all supplied accessories, if reasonably possible in its original condition and packaging, and in accordance with the reasonable and clear instructions provided by BYE.
  4. The risk and burden of proof for the correct and timely exercise of the right of withdrawal lies with the buyer.
  5. The buyer shall bear the direct costs of returning the product. If BYE has not stated that the buyer shall bear these costs or if BYE indicates that it shall bear the costs itself, the buyer shall not bear the costs of return.

7 – Obligations of BYE in case of revocation

  1. BYE will send an acknowledgement of receipt immediately after receipt of the notice of revocation by the buyer.
  2. BYE will reimburse all payments made by the buyer, including any delivery charges charged by BYE for the returned product within 14 days following the day on which the buyer reports the withdrawal to BYE. Unless BYE offers to collect the product itself, BYE may wait with reimbursement until it has received the product or until the buyer proves that he has returned the product.
  3. BYE will use the same payment method for refunds that the buyer used, unless the buyer agrees to another method. The refund is free of charge for the buyer.

8 – Delivery

  1. BYE will exercise all reasonable care when receiving and executing orders for products.
  2. The place of delivery is the address that the buyer has made known to BYE.
  3. BYE will execute accepted orders within 30 days at the latest, unless another delivery period has been agreed. If delivery is delayed, or if an order cannot be executed or can only be executed in part, the buyer will be notified of this no later than 30 days after placing the order. In that case, the buyer has the right to terminate the agreement without costs and is entitled to any compensation.
  4. After dissolution in accordance with the previous paragraph, BYE will immediately refund the amount paid by the buyer.
  5. The risk of damage and/or loss of products rests with BYE until the moment of delivery to the buyer or a previously designated representative made known to BYE, unless expressly agreed otherwise.

9 – Payment

  1. Unless otherwise specified in the agreement, amounts owed by the buyer must be paid within 14 days after the conclusion of the agreement.
  2. BYE will not oblige the buyer to make an advance payment of more than 50% of the purchase price as a condition for concluding the agreement. If advance payment has been agreed upon by BYE upon acceptance of an order, the buyer cannot assert any rights regarding the execution of the order in question before the agreed advance payment has been made.
  3. The buyer has the duty to report any inaccuracies in payment details provided or stated to BYE without delay.
  4. If the buyer fails to meet his payment obligation(s) in a timely manner, after BYE has notified him of the late payment and BYE has granted the buyer a period of 14 days to still meet his payment obligations, if payment is not made within this 14-day period, the buyer will owe statutory interest on the amount still owed and BYE will be entitled to charge the extrajudicial collection costs incurred by BYE. These collection costs amount to a maximum of: 15% on outstanding amounts up to € 2,500; 10% on the next € 2,500 and 5% on the next € 5,000 with a minimum of € 40.

10 – Warranty and special warranty scheme for urns

  1. BYE guarantees that the products comply with the agreement, the specifications stated in the offer, and the reasonable requirements of soundness and/or usability.
  2. If the product ordered by the buyer and delivered by BYE is intended for the storage of (part of) the remains of deceased persons after cremation in the form of an ash container (hereinafter: urn), BYE is exclusively liable for (manufacturing) defects in the urns for a period of 24 months after the date of conclusion of the purchase agreement and exclusively if and to the extent that the buyer has complied with the following conditions:
    • the buyer shall exercise the utmost and appropriate caution, care and diligence in all forms of use of the urn, including filling, closing, placing and storing;
    • the buyer shall at all times take all reasonable and appropriate measures to ensure that the integrity of the urn is permanently guaranteed; in particular, the buyer shall take all appropriate measures to prevent the urn from being subjected to influences that could immediately or in the long term affect its integrity, including the influence of heat, moisture, cold, temperature fluctuations, sunlight, vibrations, shocks and dust;
    • the buyer only uses the urn for the regular purpose for which it is intended, namely placing the contents for which the urn is intended and then storing the urn and its contents in a fixed place and on a stable surface;
    • the purchaser shall take reasonable precautions to prevent any part of the contents of the urn from being lost or otherwise affected in the event of breakage, leakage or other impairment of the integrity of the urn.
  1. The liability referred to in paragraph 3 is limited to direct damage consisting of the costs of repair or replacement of the urn that has arisen as a result of any defect and does not include damage of any nature whatsoever, including any immaterial damage, arising as a result of the defect affecting the integrity of the urn and its contents.

11 – Complaints

  1. Complaints about the performance of the agreement must be submitted to BYE fully and clearly described within a reasonable time after the buyer has discovered the defects.
  2. Complaints submitted to BYE will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, BYE will respond within the period of 14 days with a confirmation of receipt and an indication of when the buyer can expect a more detailed answer.
  3. The buyer must give BYE at least 8 weeks to resolve the complaint by mutual agreement.

12 – Applicable law

Agreements between BYE and the buyer to which these general terms and conditions apply are exclusively governed by Dutch law.

 

Attachment

European Model Withdrawal Form

(complete and return this form only if you wish to cancel the agreement)

- At

VOF BYE

AMSTERDAM

info@BYE.NL

— I/We (*) hereby inform you that I/we (*) revoke my/our (*) agreement regarding the sale of the following goods (*)/provision of the following service (*)

— Ordered on (*)/Received on (*) — Name(s) of consumer(s)

— Consumer(s) address

— Signature of consumer(s) (only when this form is submitted on paper)

— Date(*)