General terms and conditions

Table of Contents

Article 1 - Definitions
Article 2 - Identity of the trader
Article 3 - Applicability
Article 4 - The offer
Article 5 - The contract
Article 6 - Right of withdrawal
Article 7 - Costs in case of withdrawal
Article 8 - Exclusion of the right of withdrawal
Article 9 - The price
Article 10 - Conformity and warranty
Article 11 - Delivery and performance
Article 12 - Ongoing contracts: duration, termination and renewal
Article 13 - Payment
Article 14 - Complaints procedure
Article 15 - Disputes
Article 16 - Additional or deviating provisions

Article 1 - Definitions

In these terms and conditions, the following definitions apply:

1. Cooling-off period: the period within which the consumer may exercise the right of withdrawal; Read all about the cooling-off period

1. Consumer: the natural person who is not acting in the course of a profession or business and enters into a distance contract with the trader;

1. Day: calendar day;

1. Ongoing contract: a distance contract relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;

1. Durable medium: any means that enables the consumer or trader to store information addressed to them personally in a way that allows future consultation and unaltered reproduction of the stored information.

1. Right of withdrawal: the consumer's right to withdraw from the distance contract within the cooling-off period;

1. Model withdrawal form: the model withdrawal form provided by the trader that a consumer may complete when wishing to exercise the right of withdrawal.

1. Trader: the natural or legal person who offers products and/or services to consumers at a distance;

1. Distance contract: a contract concluded within the framework of an organised system for distance sales of products and/or services, whereby, up to and including the conclusion of the contract, exclusive use is made of one or more means of distance communication;

1. Means of distance communication: a means that can be used to conclude a contract without the consumer and trader being physically present in the same place at the same time.

1. General Terms and Conditions: the present General Terms and Conditions of the trader.

Article 2 - Identity of the trader

PyroProducts
Grotestraat 322

5142CD Waalwijk
Nederland

T (068) 371-9559
E info@pyroproducts.nl
KVK 76084043
VAT number NL003035206B68

Article 3 - Applicability

1. These general terms and conditions apply to every offer made by the trader and to every distance contract and order concluded between the trader and the consumer.

1. Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, the consumer will be informed, before the distance contract is concluded, that the general terms and conditions are available for inspection at the trader's premises and that they will be sent free of charge to the consumer as soon as possible upon request.

1. If the distance contract is concluded electronically, notwithstanding the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions may be made available to the consumer by electronic means in such a way that the consumer can easily store them on a durable medium. If this is not reasonably possible, the consumer will be informed, before the distance contract is concluded, where the general terms and conditions can be accessed electronically and that they will be sent free of charge, electronically or otherwise, to the consumer upon request.

1. Where specific product or service terms and conditions apply in addition to these general terms and conditions, the second and third paragraphs shall apply accordingly, and in the event of conflicting general terms and conditions, the consumer may always invoke the provision that is most favourable to them.

1. If one or more provisions of these general terms and conditions are at any time wholly or partially void or annulled, the agreement and the remaining provisions shall continue in force, and the provision in question shall be replaced without delay by mutual agreement with a provision that approximates the purport of the original as closely as possible.

1. Situations not covered by these general terms and conditions shall be assessed in the spirit of these general terms and conditions.

1. Any ambiguities regarding the interpretation or content of one or more provisions of these terms and conditions shall be construed in the spirit of these general terms and conditions.

Article 4 - The offer

1. If an offer has a limited period of validity or is subject to conditions, this will be explicitly stated in the offer.

1. The offer is without obligation. The trader is entitled to amend and adjust the offer.

1. The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. Where the trader uses images, these shall be a true representation of the products and/or services offered. Obvious mistakes or errors in the offer shall not be binding on the trader.

1. All images and specifications in the offer are indicative and shall not give rise to any claim for compensation or cancellation of the agreement.

1. Product images are a true representation of the products offered. The trader cannot guarantee that the colours shown are an exact match to the actual colours of the products.

1. Each offer contains sufficient information to make clear to the consumer what rights and obligations are associated with accepting the offer. This relates in particular to:
   
   
   • the price inclusive of taxes;
   
   
   • any delivery charges;
   
   
   • the manner in which the agreement will be concluded and the steps required to do so;
   
   
   • whether or not the right of withdrawal applies;
   
   
   • the method of payment, delivery and performance of the agreement;
   
   
   • the period for accepting the offer, or the period within which the trader guarantees the price;
   
   
   • the rate for distance communication where the costs of using the means of distance communication are calculated on a basis other than the standard basic rate for the communication medium used;
   
   
   • whether the agreement will be archived after conclusion, and if so, how the consumer can access it;
   
   
   • the way in which the consumer can, prior to concluding the agreement, verify and, if necessary, correct the data provided by them in connection with the agreement;
   
   
   • any other languages, in addition to Dutch, in which the agreement may be concluded;
   
   
   • the codes of conduct to which the trader is subject and the way in which the consumer can consult these codes of conduct electronically; and
   
   
   • the minimum duration of the distance contract in the case of a contract of indefinite duration.
   
   
   

Article 5 - The agreement

1. The agreement is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and fulfils the conditions set out therein.

1. If the consumer has accepted the offer electronically, the trader shall promptly acknowledge receipt of the acceptance electronically. Until the trader has confirmed acceptance of the agreement, the consumer may dissolve the agreement.

1. If the agreement is concluded electronically, the trader shall take appropriate technical and organisational measures to secure the electronic transmission of data and shall ensure a secure web environment. Where the consumer can pay electronically, the trader shall apply appropriate security measures accordingly.

1. The trader may — within the limits of the law — investigate whether the consumer is able to meet their payment obligations, as well as all facts and factors relevant to entering responsibly into the distance contract. If, on the basis of this investigation, the trader has reasonable grounds not to enter into the contract, they are entitled to refuse an order or request with reasons, or to attach special conditions to its execution.

1. The trader shall provide the consumer, together with the product or service, with the following information in writing or in a manner that allows the consumer to store it on a durable medium in an accessible way:
   
   
   • the visiting address of the trader's premises where the consumer may submit complaints;
   
   
   • the conditions and procedure under which the consumer may exercise the right of withdrawal, or a clear statement that the right of withdrawal is excluded;
   
   
   • information on warranties and after-sales service;
   
   
   • the information included in Article 4, paragraph 3 of these terms and conditions, unless the trader has already provided this information to the consumer prior to the execution of the contract;
   
   
   • the requirements for terminating the contract if the contract has a duration of more than one year or is of indefinite duration.
   
   
   

1. In the case of a continuing-performance contract, the provision in the preceding paragraph applies only to the first delivery.

1. Every contract is entered into subject to the suspensive condition of sufficient availability of the relevant products.

Article 6 – Right of Withdrawal

For the supply of products:

1. When purchasing products, the consumer has the right to withdraw from the contract without giving any reason within 14 days. This withdrawal period begins on the day after the consumer, or a representative designated in advance by the consumer and made known to the trader, receives the product.

1. During the cooling-off period, the consumer shall handle the product and its packaging with care. The product may only be unpacked or used to the extent necessary to assess whether the consumer wishes to keep it. If the consumer exercises the right of withdrawal, the product shall be returned to the trader with all supplied accessories and — where reasonably possible — in its original condition and packaging, in accordance with the reasonable and clear instructions provided by the trader.

1. If the consumer wishes to exercise the right of withdrawal, the consumer is required to notify the trader within 14 days of receiving the product. Notification must be made using the model withdrawal form or by another means of communication, such as email. After notifying the trader of the intention to withdraw, the consumer must return the product within 14 days. The consumer must be able to demonstrate that the goods were returned within the applicable period, for example by means of proof of postage.

1. If the consumer has not notified the trader of the intention to exercise the right of withdrawal, or has not returned the product to the trader, within the periods referred to in paragraphs 2 and 3, the purchase is final.

For the supply of services:

1. For the supply of services, the consumer has the right to dissolve the agreement without giving reasons for a period of at least 14 days, commencing on the day the agreement is concluded.

1. To exercise the right of withdrawal, the consumer shall follow the reasonable and clear instructions provided by the trader with the offer and/or at the time of delivery.

Article 7 – Costs in the event of withdrawal

1. If the consumer exercises the right of withdrawal, the consumer shall bear at most the cost of returning the goods.

1. If the consumer has made a payment, the trader shall refund this amount as soon as possible, and no later than 14 days after withdrawal. This is subject to the condition that the product has already been received by the trader, or that conclusive proof of complete return can be provided. Reimbursement shall be made using the same payment method used by the consumer, unless the consumer explicitly consents to a different payment method.

1. If the product is damaged due to the consumer's own negligent handling, the consumer is liable for any resulting reduction in the value of the product.

1. The consumer shall not be held liable for any reduction in the value of the product where the trader has failed to provide all legally required information about the right of withdrawal prior to the conclusion of the contract of sale.

Article 8 - Exclusion of the right of withdrawal

1. The trader may exclude the consumer's right of withdrawal for products as described in paragraphs 2 and 3. Exclusion of the right of withdrawal is only valid if the trader has clearly stated this in the offer, or at least in good time before the conclusion of the contract.

1. Exclusion of the right of withdrawal is only possible for products:
   
   
   • that have been produced by the trader to the consumer's specifications;
   
   
   • that are clearly of a personal nature;
   
   
   • that cannot be returned by their nature;
   
   
   • that can deteriorate or expire rapidly;
   
   
   • whose price is subject to fluctuations in the financial market over which the trader has no influence;
   
   
   • for individual newspapers and magazines;
   
   
   • for audio and video recordings and computer software where the consumer has broken the seal;
   
   
   • for hygiene products where the consumer has broken the seal.
   
   
   

1. Exclusion of the right of withdrawal is only possible for services:
   
   
   • relating to accommodation, transport, restaurant services or leisure activities to be provided on a specific date or during a specific period;
   
   
   • whose delivery has begun with the consumer's express consent before the withdrawal period has expired;
   
   
   • relating to betting and lotteries.
   
   
   

Article 9 - Price

1. During the period of validity stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes resulting from changes in VAT rates.

1. By way of derogation from the previous paragraph, the trader may offer products or services at variable prices where those prices are subject to fluctuations in the financial market beyond the trader's control. The fact that prices are subject to such fluctuations and that any prices stated are indicative shall be stated in the offer.

1. Price increases within 3 months of the conclusion of the agreement are only permitted if they result from statutory regulations or provisions.

1. Price increases from 3 months after the conclusion of the agreement are only permitted if the trader has stipulated this and:
   
   
   • they result from statutory regulations or provisions; or
   
   
   • the consumer has the right to terminate the agreement with effect from the date on which the price increase takes effect.
   
   
   

1. All prices stated in the offer for products or services are inclusive of VAT.

1. All prices are subject to typographical and printing errors. No liability is accepted for the consequences of such errors. In the event of typographical or printing errors, the trader is not obliged to supply the product at the incorrect price.

Article 10 - Conformity and warranty

1. The trader warrants that the products and/or services conform to the agreement, the specifications stated in the offer, reasonable standards of soundness and fitness for purpose, and the statutory provisions and/or government regulations in force at the date of conclusion of the agreement. Where agreed, the trader also warrants that the product is suitable for other than normal use.

1. Any warranty provided by the trader, manufacturer or importer does not affect the statutory rights and claims available to the consumer against the trader under the agreement.

1. Any defects or incorrectly delivered products must be reported to the trader in writing within 2 months of delivery. Products must be returned in their original packaging and in an as-new condition.

1. The trader's warranty period corresponds to the manufacturer's warranty period. However, the trader is never responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice given regarding the use or application of the products.

1. The warranty does not apply if:
   
   
   • the consumer has repaired and/or modified the delivered products themselves or has had them repaired and/or modified by third parties;
   
   
   • the delivered products have been exposed to abnormal conditions or have otherwise been treated carelessly or contrary to the trader's instructions and/or the instructions on the packaging;
   
   
   • the defect is wholly or partly the result of regulations imposed or to be imposed by the government regarding the nature or quality of the materials used.
   
   
   

Article 11 - Delivery and fulfilment

1. The trader shall exercise the utmost care when receiving and processing orders for products and when assessing requests for the provision of services.

1. The place of delivery is the address the consumer has provided to the company.

1. Subject to the provisions of paragraph 4 of this article, the company will fulfil accepted orders promptly and at the latest within 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot be fulfilled or can only be partially fulfilled, the consumer will be notified no later than 30 days after placing the order. In that case, the consumer has the right to cancel the agreement free of charge. The consumer is not entitled to compensation.

1. All delivery times are indicative. The consumer cannot derive any rights from any stated delivery times. Exceeding a delivery time does not entitle the consumer to compensation.

1. In the event of cancellation pursuant to paragraph 3 of this article, the trader will refund the amount paid by the consumer as soon as possible, and at the latest within 14 days of cancellation.

1. If delivery of an ordered product proves impossible, the trader will endeavour to make a replacement item available. The consumer will be informed clearly and comprehensibly, at the latest upon delivery, that a replacement item is being supplied. The right of withdrawal cannot be excluded for replacement items. Any return costs shall be borne by the trader.

1. The risk of damage to and/or loss of products rests with the trader until the moment of delivery to the consumer or a representative designated in advance and made known to the trader, unless expressly agreed otherwise.

Article 12 - Ongoing contracts: duration, termination and renewal

Termination

1. The consumer may terminate an open-ended contract for the regular delivery of products (including electricity) or services at any time, subject to agreed termination rules and a notice period of no more than one month.

1. The consumer may terminate a fixed-term contract for the regular delivery of products (including electricity) or services at any time before the end of the fixed term, subject to agreed termination rules and a notice period of no more than one month.

1. The consumer may terminate the contracts referred to in the preceding paragraphs:
   
   
   • at any time and shall not be restricted to termination at a specific time or during a specific period;
   
   
   • at least in the same manner in which they were entered into;
   
   
   • always subject to the same notice period as the trader has stipulated for itself.
   
   
   

Renewal

1. A fixed-term contract for the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a fixed term.

1. By way of exception to the preceding paragraph, a fixed-term contract for the regular delivery of daily, news and weekly papers and magazines may be tacitly extended for a fixed term of up to three months, provided the consumer may terminate the extended contract before the end of the extension with a notice period of no more than one month.

1. A fixed-term agreement for the regular supply of products or services may only be tacitly renewed for an indefinite period if the consumer may terminate at any time with a notice period of no more than one month, and a notice period of no more than three months in the case of an agreement for the regular, but less than once-monthly, supply of daily, news and weekly papers and magazines.

1. A fixed-term agreement for the regular introductory supply of daily, news and weekly papers and magazines (trial or introductory subscription) is not tacitly continued and ends automatically upon expiry of the trial or introductory period.

Duration

1. If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time after one year with a notice period of no more than one month, unless reasonableness and fairness oppose termination prior to the end of the agreed duration.

Article 13 - Payment

1. Unless otherwise agreed, amounts owed by the consumer must be paid within 7 working days of the start of the cooling-off period referred to in Article 6(1). In the case of a service agreement, this period commences once the consumer has received confirmation of the agreement.

1. The consumer is obliged to notify the trader without delay of any inaccuracies in payment details provided or stated.

1. In the event of non-payment by the consumer, the trader is entitled, subject to statutory limitations, to charge the reasonable costs previously communicated to the consumer.

Article 14 - Complaints procedure

1. The trader operates a complaints procedure that has been made sufficiently public and handles complaints in accordance with that procedure.

1. Complaints about the performance of the agreement must be submitted to the trader in full and clearly described within 2 months of the consumer having identified the defects.

1. Complaints submitted to the trader will be responded to within 14 days of the date of receipt. If a complaint requires a foreseeable longer processing time, the trader will respond within the 14-day period with an acknowledgement of receipt and an indication of when the consumer can expect a more detailed response.

1. If a complaint cannot be resolved by mutual agreement, a dispute arises that is eligible for the disputes procedure.

1. In the event of a complaint, a consumer should first contact the trader. If the webshop is a member of WebwinkelKeur and complaints cannot be resolved by mutual agreement, the consumer should contact WebwinkelKeur (www.webwinkelkeur.nl), who will mediate free of charge. Check whether this webshop holds a current membership via https://www.webwinkelkeur.nl/ledenlijst/. If no resolution is reached, the consumer has the option of having the complaint handled by the independent disputes committee appointed by WebwinkelKeur; its ruling is binding and both the trader and the consumer agree to be bound by it. Costs are associated with submitting a dispute to this committee and are payable by the consumer to the relevant committee. It is also possible to register complaints via the European ODR platform (http://ec.europa.eu/odr).

1. A complaint does not suspend the trader's obligations, unless the trader indicates otherwise in writing.

1. If a complaint is found to be justified by the trader, the trader will, at its discretion, either replace or repair the delivered products free of charge.

Article 15 - Disputes

1. Agreements between the trader and the consumer to which these general terms and conditions apply are governed exclusively by Dutch law, including where the consumer resides outside the Netherlands.

1. The United Nations Convention on Contracts for the International Sale of Goods (CISG) does not apply.

Article 16 - Additional or deviating provisions

Any additional or deviating provisions to these general terms and conditions must not be to the detriment of the consumer and must be recorded in writing, or in such a way that the consumer can store them in an accessible manner on a durable medium.