BYE 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 define 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 terms and conditions

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

• BYE: with this name we denote ourselves. BYE is the company that operates this website and offers products for sale thereon. BYE V.O.F., we are located in Amsterdam at IJsbaanpad 70c.
• Buyer: the consumer who enters into a purchase agreement with BYE with respect to one or more products offered by BYE in the BYE webshop;
• Cooling-off period: the period within which the buyer can make use of his right of withdrawal;
• Right of withdrawal: the option of the buyer to free themselves of the Distance Contract within the cooling-off period;
• Distance Contract: a contract concluded between BYE and the Buyer under an organised distance sale or service provision scheme, without the simultaneous physical presence of the trader and the consumer.
• Model withdrawal form: the European model form for withdrawal included in Appendix I of these Terms and Conditions.

2 – Application of these general terms and conditions

1. These terms and conditions apply to any offer by BYE and to any agreement concluded at a distance between BYE and Buyer.
2. BYE will make the text of these terms and conditions available to buyers electronically in such a manner that it can be stored by the buyer in a simple manner on a durable data carrier.

3 – The agreement

1. The agreement is concluded at the time of acceptance by the buyer of the offer and the fulfilment of the conditions thereby stipulated.
2. If the buyer has accepted the offer electronically, BYE will without delay acknowledge receipt of acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by BYE, the buyer may dissolve the agreement.
3. BYE will take appropriate technical and organizational measures to secure the electronic transfer of data from Buyer to Bye and will provide a secure web environment. BYE will take appropriate security measures in case of 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 at the latest upon delivery of the product in writing, or in such a way that it can be stored by the Buyer in an accessible manner on a durable data carrier, the following information:

• • the visiting address of the BYE location where the buyer may lodge complaints;
  • the conditions under which and the way in which the buyer may exercise the right of withdrawal;
  • the information on warranties 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 may dissolve an agreement relating to the purchase of a product during a cooling-off period of at least 14 days without giving reasons. BYE may ask the buyer for the reason of withdrawal, but may not require the buyer to state its reason(s).
2. The cooling-off period mentioned in paragraph 1 will commence on the day after the buyer, or a third party designated in advance by the buyer, 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 them, has received the last product. BYE may, provided BYE has clearly informed the buyer prior to the ordering process, refuse an order for multiple products with a different delivery time.
  • If the delivery of a product consists of multiple shipments or parts: the day on which the buyer, or a third party designated by them, has received the last shipment or the last part.

5 – Buyer’s obligations during the cooling-off period

1. During the cooling-off period the buyer will treat the product and its packaging with care. They will only unpack or use the product to the extent necessary to determine the nature, characteristics and operation of the product. The basic principle here is that the buyer may only handle and inspect the product as he would be allowed to do in a store.
2. The buyer is only liable for depreciation of the product resulting from a manner of handling the product that deviates from the normal handling and inspection as referred to in paragraph 1.
3. The buyer shall not be liable for any reduction in the 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 time of conclusion of the agreement.

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

1. If the buyer exercises their right of withdrawal, they will notify BYE within the withdrawal period by means of the model withdrawal form or in any other 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 will 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 complied with the return period if they return the product before the cooling-off period has expired.
3. The buyer will return the product with all accessories provided, if reasonably possible in 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 bears the direct cost of returning the product. If BYE has not notified the buyer that it must bear these costs or if BYE indicates that it will bear the costs itself, the buyer need not bear the costs of return.

7 – Obligations of BYE at withdrawal

1. BYE will send an acknowledgement of receipt of the notice of withdrawal by the buyer without delay.
2. BYE will reimburse all payments made by the buyer, including any delivery fees charged by BYE for the returned product within 14 days of the day on which the buyer notifies BYE of the withdrawal. Unless BYE offers to pick up the product in person, BYE may delay refunding until it has received the product or until the buyer demonstrates that they have returned the product.
3. BYE will use the same means of payment for reimbursement that the buyer used, unless the buyer agrees to a different method. The refund is free of charge for the buyer.

8 – Delivery

1. BYE will take all reasonable care in receiving and in executing orders of products.
2. The place of delivery will be the address that the buyer has made known to BYE.
3. BYE will execute accepted orders at the latest within 30 days, unless a different delivery time has been agreed upon. If delivery is delayed, or if an order cannot be executed in whole or in part, the buyer will be informed of this at the latest 30 days after they have placed the order. The buyer in that case has the right to terminate the contract without penalty and the right to potential compensation.
4. After dissolution in accordance with the previous paragraph BYE will refund the amount paid by the buyer without delay.
5. The risk of damage and/or loss of products will rest with BYE until the time of delivery to the buyer or a designated representative made known to BYE in advance, unless expressly agreed otherwise.

9 – Payment

1. Insofar as it is not otherwise stipulated in the agreement, the amounts due by buyer must be paid within 14 days after the conclusion of the agreement.
2. BYE will not require the buyer as a condition for the conclusion of the agreement to prepay more than 50% of the purchase price. If upon acceptance of an order prepayment by BYE is stipulated, the buyer may not assert any right regarding the execution of the order concerned before the stipulated prepayment has taken place.
3. The buyer has the obligation to immediately report any inaccuracies in payment information provided or stated to BYE.
4. If the buyer does not timely meet their payment obligation(s), the buyer, after being notified by BYE of the late payment and after BYE has given the buyer a period of 14 days to meet their payment obligations, after the failure to pay within this 14-day period, will owe statutory interest on the amount due and BYE is entitled to charge extrajudicial collection costs incurred by BYE. These collection costs shall 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 arrangement urns

1. BYE guarantees that the products meet the agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability.
2. If the product ordered by the buyer and supplied by BYE is a product intended for the storage of (part of) the mortal remains of deceased persons after cremation in the form of an ash container (hereinafter: urn), BYE is liable only for (manufacturing) defects in the urns during a period of 24 months after the date of conclusion of the purchase agreement and only if and insofar as the buyer has complied with the following conditions:

• • the buyer exercises extreme and appropriate caution, circumspection and care in all forms of use of the urn, including filling, sealing, 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 affected by influences which may affect the integrity of the urn immediately or in the long term, including the influence of heat, moisture, cold, temperature fluctuations, sunlight, vibrations, shocks and dust;
  • the buyer makes use of the urn only for the regular use for which the urn is intended, being the placement therein of the contents for which the urn is intended and the subsequent storage of the urn and its contents in a fixed place and stable surface;
  • the buyer will take reasonable precautions to prevent any part of the contents of the urn from being lost or compromised in any way in the event of breakage, leakage or other impairment of the integrity of the urn.

3. The liability referred to in paragraph 3 is limited to the direct damage consisting of the costs of repair or replacement of the urn that has arisen from the possible defect, and does not include damage of any kind, including any immaterial damage, arising from the impairment of the integrity of the urn and its contents caused by the defect.

11 – Complaints

1. Complaints about the execution 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, calculated 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 notice of receipt and an indication when the buyer can expect a more detailed answer.
3. The buyer should in any case give BYE 8 weeks to resolve the complaint in mutual consultation.

12 – Applicable law

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

 

Annex

European Model withdrawal form

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

– To

V.O.F. BYE

AMSTERDAM

info@BYE.NL

– I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of 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 notified on paper)

– Date(*)

(*) Delete as appropriate.