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Table of content:
- Article 1 - Definition
- Article 2 - OFYR contact information
- Article 3 - Applicability
- Article 4 - The range
- Article 5 - The Agreement
- Article 6 - Right of withdrawal
- Article 7 - Your obligations during the cooling-off period
- Article 8 - Exercising the right of withdrawal and costs
- Article 9 - OFYR's obligations in case of withdrawal
- Article 10 - The price
- Article 11 - Compliance with the agreement and additional guarantee
- Article 12 - Delivery and execution
- Article 13 - Payment
- Article 14 - Complaints Clause
- Article 15 - Disputes
- Article 16 - Changing the General Terms and Conditions
Article 1 - Definition
The meaning of the following terms is explained below:
Cooling-off period: the period within which you can cancel your purchase in our online store (your "Right of withdrawal");
Consumer: If you made your purchase in private, and this is not related to your business activities (your business, your occupation, etc.);
Day: calendar day;
Right of withdrawal: you are entitled to cancel your purchase in our online shop within the cooling-off period;
OFYR: the company that offers products to consumers in the online store, legally, this is called on-line shopping;
Online contract: a contract between OFYR and the consumer that comes about completely via an online store;
Article 2 - OFYR contact information
Official name: OFYR International B.V.
Company address: Gewenten 43A 4704 RE Roosendaal, The Netherlands
Telephone number: 0031 (0)165 743 110
CoC number: 66953871
VAT Identification number: NL856768005B01
Availability: From Monday to Friday, from 9h00 to 17h00
Article 3 - Applicability
These general conditions apply to every offer of OFYR and on each agreement via the online store entered in between OFYR and the consumer.
Before you make a purchase in the store, the text of these general terms and conditions are made available to you in online (HTML) form. In any case, the text can also always be found on the OFYR webshop under Terms and Conditions.
Article 4 - The range
If an offer is only temporary or subject to conditions, this will always be clearly stated.
There is a complete and accurate description of our products in the online store. This will allow you to make a good assessment of our products. The photos in the online store are as realistic as possible. It is however possible that the colour of a product doesn't exactly match the actual colour.
Sometimes things are too good to be true. Obvious errors or mistakes in the offer (such as an extremely low price) doesn't bind OFYR, consumers cannot derive any rights from this.
Information on your rights and obligations can be found on the website and in these conditions so you know where you stand if you are making a purchase in our online store.
Article 5 - The Agreement
The agreement will be concluded at the time that you finalise the order process and have confirmed your order.
OFYR will then send you an email in which the contract is confirmed. As long as you have not received the email, you can still cancel the agreement by sending OFYR an email. You can of course use your right of withdrawal.
OFYR shall take the appropriate measures to keep your personal information that you enter in the ordering process secure and to ensure a secure Web environment. This applies specifically to the payment details that are sent online.
OFYR will send you the following information at the latest at the time of delivery of your order:
- OFYR's physical address where you can lodge any complaints;
- the terms of your right of withdrawal and how you should use this;
- information about any warranty and service after purchase;
- the price including all taxes and shipping costs, the method of payment, and delivery information;
Article 6 - Right of withdrawal
You are allowed to cancel the agreement for the online purchase of your product during a period of 14 days after receipt of your products. You do not have to indicate a reason. Please send your cancellation to firstname.lastname@example.org or contact our customer service at 0031 (0) 165 743 110. Always mention your name, address and order number. If OFYR did not supply you with the legally required information about your right of withdrawal, the cooling-off period shall continue up to 12 months after the originally imposed end of the cooling-off period.
If OFYR sends you the information about the right of withdrawal in the situation referred to in the previous paragraph, the cooling-off period shall expire 14 days after the day on which you have received that information.
Article 7 - Your obligations during the cooling-off period
You may unpack our products during the cooling-off period to see if you like the product. Take note that – if you want to return the product - the product should remain clean and undamaged and the packaging in good condition. Also, the product should be re-packed in such a way that save transport is secured.
You are liable for any depreciation of the product that is the result of a way of handling the product that goes beyond that which is allowed in paragraph 1.
Article 8 - Exercising the right of withdrawal and costs
You can use your right of withdrawal by contacting us via email@example.com or our customer service at 0031 (0) 165 743 110 within the period so that we know that you want to cancel your purchase in the online store. OFYR will send you clear instructions on how the return should take place. In most cases, OFYR will provide a return label with which you can send back the shipment. You must prepare the product for return with everything that was delivered with it, in the original box and other packaging, and of course in clean and undamaged condition.
In the event that you have to take care of the return, the risk and the burden of proof for the correct and timely exercise of the right of withdrawal will be yours. In other cases, this will be OFYR's. So make sure you have proof of the dispatch.
You bear the direct cost of returning the product. These costs will be charged separately, if applicable.
Article 9 - OFYR's obligations in case of withdrawal
If you inform us by return or contact form that you want to make use of your right of withdrawal, we will confirm your message electronically as soon as possible.
OFYR allows for quick handling of the return and a quick refund (as quickly as possible, but in any case within 14 days after receipt and quality check of the returned products) including any delivery costs (see 8.3).
OFYR uses the same payment method that you have used for your payment, for the repayment.
Article 10 - The price
Prices are not increased in the online store during the validity of an offer (for example, a special campaign), unless OFYR has to implement a price change as a result of a different VAT rate. In the event that you make a purchase in our webshop for business purposes, you yourself are responsible for the determination and transfer of the VAT at the applicable rate for your EU member state (in accordance with Article 44 of EU Directive 2006/112/EC).
Article 11 - Compliance with the agreement and additional guarantee
OFYR guarantees that the products comply with the agreement, the characteristics that OFYR itself has communicated, the reasonable requirements of reliability and/or usability and legal provisions/government regulations applicable at the time.
- All OFYR products are subject to the standard OFYR factory guarantee period of 24 months.
- You are responsible for reading and following the instructions in the product manual.
- The cooking unit must always be placed on a paved and stable surface.
- Wood is a natural product and can work under the influence of weather conditions and humidity. Unevenness and / or deviations in the wood, such as curvature, cracks, cracks and crevices, which are caused by the effect of the wood due to moisture and / or temperature changes or improper use are not covered by the warranty.
- If the cooking unit is in the open air and is not in use, the consumer is obliged to cover it. A cover protects against UV radiation, discoloration and moisture, but is never completely waterproof. The cooking unit is only fully protected against weather influences if it is under a roof or can be placed indoors in, for example, a shed or garden house.
- Consumers should maintain the cooking unit regularly by following our supplied maintenance instructions.
- Minor discrepancies in pre-specified dimensions, weight, colors and similar information do not constitute a shortcoming in the construction of the product
In the following cases, you will have no claim on the warranty:
- Not following the instructions in the product manual;
- Wear, corrosion, deformation and discolouration of parts exposed to fire;
- Corrosion and discolouration caused by external influences;
- Visual irregularities inherent to the manufacturing process;
- Damages caused by not following our safety and setup-, intended use- and
- maintenance instructions/tips.
- Not using our products for the purposes for which they are intended;
- Do not try to repair broken products yourself. Contact us or your OFYR dealer immediately;
An additional guarantee provided by OFYR shall never limit the legal rights and claims that you have under the agreement if OFYR fails to properly comply with the agreement.
Extra warranty means: any promise that goes beyond OFYR's legal obligations in case OFYR fails to properly comply with the agreement.
Article 12 - Delivery and execution
OFYR shall carry out the orders in the webshop very carefully.
The delivery is made to the address that you have communicated to OFYR.
OFYR shall carry out the orders as quickly as possible and adheres to the communicated delivery times. If delivery is delayed or if an order cannot or can only be carried out partly, you will receive a message in this regard as soon as possible. You may then terminate the contract without penalty. In that case, OFYR shall refund amounts paid by you as soon as possible.
The risk of damage and/or loss of products lies with OFYR up to the moment of delivery to you (or a pre-designated representative communicated to OFYR) unless explicitly agreed otherwise.
Article 13 - Payment
Payment needs to be done when the purchase in the web shop is finalised. Unless otherwise provided in the order/in the agreement, you must pay the order within 14 days from the beginning of the cool-off period (and without cool-off period within 14 days after entering into the agreement).
You are required to inform OFYR directly of inaccuracies in provided or stated payment data.
Article 14 - Complaints Clause
If you have any complaints about the way your order and/or delivery is carried out, please inform us as soon as possible but no later than 7 days after delivery of the product. Please contact us via firstname.lastname@example.org or 0031 (0) 165 743 110. Please mention your name, address, order number and a clear description of your complaint.
OFYR will reply to these emails at the latest within 14 days. If the treatment requires a longer time, OFYR will inform you.
Online Complaints Procedure: The European Commission provides a platform for online dispute resolution (ODR) under the following link: http://ec.europa.eu/consumers/odr/
Article 15 - Disputes
Only Dutch law applies to agreements between you and OFYR to which these general terms and conditions apply. Any legal action shall be finally settled by the competent district court of Breda, the Netherlands, in case you are located in the European Union. In case you are located outside the European Union, the Dutch Arbitration Committee (www.nai-nl.org), in accordance with its Rules. Only one arbitrator will be appointed. The hearing(s) will take place in Breda, The English language will be used.
Article 16 - Changing the General Terms and Conditions
OFYR is entitled to change the General Terms and Conditions.
Amendments to these terms and conditions shall only apply once they are disclosed by OFYR and only for agreements that are entered into between OFYR and you as from the moment of amendment and publication.