Terms and Conditions

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 - Consumer obligations during the cooling-off period

Article 8 - Exercise of the right of withdrawal by the consumer and associated costs

Article 9 - Obligations of the trader in the event of withdrawal

Article 10 - Exclusion of the right of withdrawal

Article 11 - The price

Article 12 - Performance and additional guarantee

Article 13 - Delivery and performance

Article 14 - Continuing contracts: duration, termination and renewal

Article 15 - Payment

Article 16 - Complaints procedure

Article 17 - Disputes

Article 18 - Additional or deviating provisions

 

Article 1 - Definitions

In these terms and conditions, the following definitions apply:

  • Ancillary contract: a contract under which the consumer acquires products, digital content and/or services in connection with a distance contract and those goods, digital content and/or services are supplied by the trader or by a third party on the basis of an arrangement between that third party and the trader;

  • Cooling-off period: the period within which the consumer may exercise their right of withdrawal;

  • Consumer: a natural person who is acting for purposes outside their trade, business, craft or profession;

  • Day: calendar day;

  • Digital content: data produced and supplied in digital form;

  • Continuing contract: a contract for the regular supply of goods, services and/or digital content over a specified period;

  • Durable medium: any instrument, including e-mail, which enables the consumer or trader to store information addressed personally to them in a way that allows future access or use for a period appropriate to the purpose of the information and which allows the information stored to be reproduced unchanged;

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

  • Trader: the natural or legal person who offers products, access to digital content and/or services to consumers at a distance;

  • Distance contract: a contract concluded between the trader and the consumer as part of an organised distance sales system for products, digital content and/or services, under which one or more means of distance communication are used exclusively or partly up to and including the time at which the contract is concluded;

  • Model withdrawal form: the European model withdrawal form included in Annex I to these terms and conditions. Annex I does not have to be provided if the consumer has no right of withdrawal in relation to their order;

  • Means of distance communication: any 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.

 

Article 2 - Identity of the trader

Domo Parts International B.V., trading under the name Fiyo.

Steenovenweg 40

5708HN Helmond

The Netherlands

 

Telephone number: +31492871120 (Available on working days between 09:00 and 16:30)

E-mail address:

Chamber of Commerce number: 76643190

VAT identification number: NL860720287B01

 

Article 3 - Applicability

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

  2. 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 trader will, before the distance contract is concluded, indicate how the general terms and conditions can be inspected at the trader's premises and that they will be sent to the consumer free of charge as soon as possible upon request.

  3. 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 electronically in such a way that the consumer can easily store them on a durable medium. If this is not reasonably possible, the trader will, before the distance contract is concluded, indicate where the general terms and conditions can be accessed electronically and that they will be sent free of charge electronically or by other means at the consumer's request.

  4. Where specific product or service terms and conditions apply in addition to these general terms and conditions, paragraphs 2 and 3 apply accordingly, and in the event of conflicting terms and conditions the consumer may always rely on the applicable provision that is most favourable to them.

 

Article 4 - The offer

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

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

  3. Every offer contains sufficient information to make it clear to the consumer what rights and obligations are attached to accepting the offer.

 

Article 5 - The contract

  1. Subject to paragraph 4, the contract is concluded when the consumer accepts the offer and fulfils the conditions attached to it.

  2. If the consumer has accepted the offer electronically, the trader will promptly confirm receipt of that acceptance electronically. Until receipt of the acceptance has been confirmed by the trader, the consumer may terminate the contract.

  3. If the contract is concluded electronically, the trader will take appropriate technical and organisational measures to secure the electronic transfer of data and will provide a secure web environment. If the consumer can make electronic payments, the trader will also take appropriate security measures.

  4. Within the limits permitted by law, the trader may investigate whether the consumer is able to fulfil their payment obligations, as well as any facts and circumstances relevant to entering into the distance contract responsibly. If, on the basis of this investigation, the trader has good reason not to enter into the contract, the trader is entitled to refuse an order or request, giving reasons, or to make performance subject to special conditions.

  5. No later than upon delivery of the product, service or digital content to the consumer, the trader will provide the following information in writing or in such a way that the consumer can store it accessibly on a durable medium:

    1. the visiting address of the trader's premises where the consumer can submit complaints;

    2. the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement that the right of withdrawal is excluded;

    3. information about guarantees and existing after-sales service;

    4. the price of the product, service or digital content, including all taxes; where applicable, the delivery costs; and the method of payment, delivery or performance of the distance contract;

    5. the requirements for terminating the contract if it has a duration of more than one year or is of indefinite duration;

    6. the model withdrawal form, if the consumer has a right of withdrawal.

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

 

Article 6 - Right of withdrawal

For products:

  1. The consumer may withdraw from a contract for the purchase of a product without giving any reason during a cooling-off period of at least 14 days. The trader may ask the consumer for the reason for withdrawal, but may not require the consumer to provide a reason or reasons.

  2. The cooling-off period referred to in paragraph 1 begins on the day after the consumer, or a third party designated in advance by the consumer who is not the carrier, has received the product, or:

    1. if the consumer ordered several products in the same order: the day on which the consumer, or a third party designated by the consumer, received the last product. The trader may refuse an order for several products with different delivery times, provided the consumer has been clearly informed of this before the ordering process;

    2. if a product is delivered in several consignments or parts: the day on which the consumer, or a third party designated by the consumer, received the final consignment or the final part;

    3. in the case of contracts for the regular delivery of products over a specified period: the day on which the consumer, or a third party designated by the consumer, received the first product.

For services and digital content not supplied on a tangible medium:

  1. The consumer may withdraw from a service contract and a contract for the supply of digital content not supplied on a tangible medium without giving any reason for a period of at least 14 days. The trader may ask the consumer for the reason for withdrawal, but may not require the consumer to provide a reason or reasons.

  2. The cooling-off period referred to in paragraph 3 begins on the day after the contract is concluded.

Extended cooling-off period for products, services and digital content not supplied on a tangible medium where information about the right of withdrawal has not been provided:

  1. If the trader has not provided the consumer with the legally required information about the right of withdrawal or the model withdrawal form, the cooling-off period expires 12 months after the end of the original cooling-off period determined in accordance with the preceding paragraphs of this article.

  2. If the trader provides the consumer with the information referred to in the previous paragraph within 12 months after the original cooling-off period began, the cooling-off period expires 14 days after the day on which the consumer received that information.

 

Article 7 - Consumer obligations during the cooling-off period

  1. During the cooling-off period, the consumer must handle the product and its packaging with care. The consumer may only unpack or use the product to the extent necessary to establish its nature, characteristics and operation. The principle is that the consumer may only handle and inspect the product in the same way as they would be permitted to do in a shop.

  2. The consumer is only liable for any reduction in the value of the product resulting from handling the product beyond what is permitted under paragraph 1.

  3. The consumer is not liable for any reduction in the value of the product if the trader failed to provide all legally required information about the right of withdrawal before or at the time the contract was concluded.

 

Article 8 - Exercise of the right of withdrawal by the consumer and associated costs

  1. If the consumer exercises their right of withdrawal, they must notify the trader within the cooling-off period using the model withdrawal form or by another unequivocal statement.

  2. As soon as possible, but no later than 14 days from the day following the notification referred to in paragraph 1, the consumer must return the product or hand it over to the trader or a person authorised by the trader. This is not required if the trader has offered to collect the product. The consumer has in any event complied with the return period if they send the product back before that period has expired.

  3. The consumer must return the product with all supplied accessories, where reasonably possible in its original condition and packaging, and in accordance with the reasonable and clear instructions provided by the trader.

  4. The consumer bears the risk and burden of proof in relation to the correct and timely exercise of the right of withdrawal.

  5. The consumer bears the direct cost of returning the product. If the trader has not stated that the consumer must bear these costs, or if the trader states that it will bear the costs itself, the consumer does not have to pay the return costs.

  6. If the consumer withdraws after first expressly requesting that performance of the service or the supply of gas, water or electricity not prepared for sale in a limited volume or set quantity begin during the cooling-off period, the consumer owes the trader an amount proportionate to the part of the obligation fulfilled by the trader at the time of withdrawal compared with full performance of the obligation.

  7. The consumer bears no costs for the performance of services or the supply of water, gas or electricity not prepared for sale in a limited volume or set quantity, or for the supply of district heating, if:

    1. the trader has not provided the consumer with the legally required information about the right of withdrawal, reimbursement of costs upon withdrawal or the model withdrawal form; or

    2. the consumer did not expressly request that performance of the service or the supply of gas, water, electricity or district heating begin during the cooling-off period.

  1. The consumer bears no costs for the full or partial supply of digital content not supplied on a tangible medium if:

    1. before supply began, the consumer did not expressly consent to performance of the contract beginning before the end of the cooling-off period;

    2. the consumer did not acknowledge that they would lose their right of withdrawal by giving consent; or

    3. the trader failed to confirm this declaration by the consumer.

  1. If the consumer exercises their right of withdrawal, all ancillary contracts are automatically terminated by operation of law.

 

Article 9 - Obligations of the trader in the event of withdrawal

  1. If the trader enables the consumer to notify withdrawal electronically, the trader will promptly send an acknowledgement of receipt after receiving the notification.

  2. The trader will reimburse all payments made by the consumer, including any delivery costs charged by the trader for the returned product, without undue delay and no later than 14 days after the day on which the consumer notifies the trader of the withdrawal. Unless the trader offers to collect the product itself, it may withhold reimbursement until it has received the product or until the consumer provides evidence that the product has been returned, whichever occurs first.

  3. The trader will use the same means of payment for the reimbursement as the consumer used for the original transaction, unless the consumer agrees to another method. The reimbursement is free of charge to the consumer.

  4. If the consumer chose a more expensive delivery method than the least expensive standard delivery method, the trader does not have to reimburse the additional costs of the more expensive method.

 

Article 10 - Exclusion of the right of withdrawal

The trader may exclude the following products and services from the right of withdrawal, but only if the trader clearly stated this in the offer, or at least in good time before the contract was concluded:

  1. Products or services whose price depends on fluctuations in the financial market over which the trader has no control and which may occur within the withdrawal period;

  2. Contracts concluded at a public auction. A public auction means a method of sale where products, digital content and/or services are offered by the trader to consumers who attend or are given the opportunity to attend the auction in person, under the direction of an auctioneer, and where the successful bidder is obliged to purchase the products, digital content and/or services;

  3. Service contracts after the service has been fully performed, but only if:

    1. performance began with the consumer's express prior consent; and

    2. the consumer declared that they would lose their right of withdrawal once the trader had fully performed the contract;

  1. Package travel as referred to in Article 7:500 of the Dutch Civil Code (BW) and contracts for passenger transport;

  2. Service contracts for the provision of accommodation, where the contract specifies a particular date or period of performance and the accommodation is for purposes other than residential use, as well as contracts for the transport of goods, car hire services and catering;

  3. Contracts relating to leisure activities where the contract specifies a particular date or period of performance;

  4. Products made to the consumer's specifications which are not prefabricated and which are made on the basis of an individual choice or decision by the consumer, or which are clearly personalised;

  5. Products which are liable to deteriorate rapidly or have a limited shelf life;

  6. Sealed products which are not suitable for return for reasons of health protection or hygiene and which have been unsealed after delivery;

  7. Products which, after delivery, are, by their nature, inseparably mixed with other products;

  8. Alcoholic beverages whose price was agreed when the contract was concluded, but which can only be delivered after 30 days and whose actual value depends on fluctuations in the market over which the trader has no control;

  9. Sealed audio or video recordings and computer software which have been unsealed after delivery;

  10. Newspapers, periodicals or magazines, with the exception of subscriptions to such publications;

  11. The supply of digital content other than on a tangible medium, but only if:

    1. performance began with the consumer's express prior consent; and

    2. the consumer declared that they would thereby lose their right of withdrawal.

 

Article 11 - The 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.

  2. Notwithstanding the previous paragraph, the trader may offer products or services at variable prices where those prices are linked to fluctuations in the financial market over which the trader has no control. This link to market fluctuations, and the fact that any stated prices may be indicative prices, will be stated in the offer.

  3. Price increases within 3 months after the contract is concluded are only permitted if they result from statutory regulations or provisions.

  4. Price increases from 3 months after the contract is concluded are only permitted if the trader has stipulated this and:

    1. they result from statutory regulations or provisions; or
    2. the consumer is entitled to terminate the contract with effect from the date on which the price increase takes effect.

  1. The prices stated in the offer for products or services include VAT.

 

Article 12 - Performance of the contract and additional guarantee

  1. The trader warrants that the products and/or services comply with the contract, the specifications stated in the offer, reasonable requirements of quality and/or usability, and the statutory provisions and/or government regulations in force on the date the contract was concluded. If agreed, the trader also warrants that the product is suitable for uses other than normal use.

  2. Any additional guarantee provided by the trader, its supplier, manufacturer or importer never limits the statutory rights and remedies that the consumer may exercise against the trader under the contract if the trader has failed to fulfil its part of the contract.

  3. An additional guarantee means any commitment by the trader, its supplier, importer or manufacturer under which the consumer is granted certain rights or remedies beyond those which the relevant party is legally required to provide if the trader has failed to fulfil its part of the contract.

 

Article 13 - Delivery and performance

  1. The trader will exercise the greatest possible care when receiving and fulfilling orders for products and when assessing applications for the provision of services.

  2. The place of delivery is the address provided by the consumer to the trader.

  3. Subject to the provisions of Article 4 of these general terms and conditions, the trader will fulfil accepted orders with due speed and no later than within 30 days, unless a different delivery period has been agreed. If delivery is delayed, or if an order cannot be fulfilled or can only be partially fulfilled, the consumer will be informed no later than 30 days after placing the order. In that event, the consumer has the right to terminate the contract without charge and may be entitled to compensation.

  4. Following termination in accordance with the previous paragraph, the trader will promptly refund the amount paid by the consumer.

  5. The risk of damage to and/or loss of products remains with the trader until the products are delivered to the consumer or to a representative designated in advance and notified to the trader, unless expressly agreed otherwise.

 

Article 14 - Continuing contracts: duration, termination and renewal

Termination:

  1. The consumer may terminate at any time a contract of indefinite duration for the regular supply of products, including electricity, or services, subject to the agreed termination arrangements and a notice period of no more than one month.

  2. The consumer may terminate a fixed-term contract for the regular supply of products, including electricity, or services at the end of the agreed term, subject to the agreed termination arrangements and a notice period of no more than one month.

  3. The consumer may terminate the contracts referred to in the preceding paragraphs:

    • at any time and without being restricted to termination at a particular time or during a particular period;

    • at least in the same way as the contract was entered into;

    • always with the same notice period as the trader has stipulated for itself.

Renewal:

  1. A fixed-term contract for the regular supply of products, including electricity, or services may not be tacitly renewed or extended for another fixed term.

  2. Notwithstanding the previous paragraph, a fixed-term contract for the regular supply of daily newspapers, news publications, weekly publications and periodicals may be tacitly renewed for a fixed term of up to three months, provided the consumer can terminate the renewed contract at the end of the renewal period with a notice period of no more than one month.

  3. A fixed-term contract for the regular supply of products or services may only be tacitly renewed for an indefinite period if the consumer may terminate it at any time with a notice period of no more than one month. The notice period is no more than three months where the contract provides for the regular, but less than monthly, supply of daily newspapers, news publications, weekly publications and periodicals.

  4. A limited-duration contract for the regular supply of daily newspapers, news publications, weekly publications and periodicals on a trial or introductory basis will not continue automatically and ends automatically when the trial or introductory period expires.

Duration:

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

 

Article 15 - Payment

  1. Unless otherwise provided in the contract or additional terms and conditions, amounts payable by the consumer must be paid within 14 days after the cooling-off period begins, or, if there is no cooling-off period, within 14 days after the contract is concluded. In the case of a contract for the provision of a service, this period begins on the day after the consumer receives confirmation of the contract.

  2. When products are sold to consumers, general terms and conditions may never require the consumer to make an advance payment of more than 50%. If advance payment has been agreed, the consumer cannot assert any rights regarding performance of the relevant order or service or services until the agreed advance payment has been made.

  3. The consumer must promptly notify the trader of any inaccuracies in payment details supplied or stated.

  4. If the consumer fails to fulfil their payment obligation or obligations on time, after the trader has notified the consumer of the late payment and allowed the consumer a period of 14 days in which to fulfil those payment obligations, the consumer will, if payment is not made within that 14-day period, owe statutory interest on the amount still outstanding and the trader will be entitled to charge any out-of-court debt collection costs incurred. These collection costs amount to a maximum of: 15% of outstanding amounts up to € 2,500; 10% of the following € 2,500 and 5% of the following € 5,000, with a minimum of € 40. The trader may depart from these amounts and percentages in favour of the consumer.

 

Article 16 - Complaints procedure

  1. The trader has a complaints procedure that has been adequately communicated and handles complaints in accordance with that procedure.

  2. Complaints about performance of the contract must be submitted to the trader within a reasonable period after the consumer discovers the defects, and must be fully and clearly described.

  3. Complaints submitted to the trader will be answered within 14 days from the date of receipt. If a complaint is expected to require a longer processing period, 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.

  4. The consumer must in any event give the trader 4 weeks to resolve the complaint by mutual agreement. After this period, a dispute arises which is eligible for the dispute resolution procedure.

 

Article 17 - Disputes

  1. Contracts between the trader and the consumer to which these general terms and conditions apply are governed exclusively by Dutch law.

 

Article 18 - Additional or deviating provisions

Additional provisions or provisions that deviate from these general terms and conditions may 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 accessibly on a durable medium.

 

Article 19 - Privacy and data protection

  1. The trader processes consumers' personal data in accordance with the General Data Protection Regulation (GDPR).

  2. Personal data collected is used solely for the performance of the contract and is not shared with third parties unless this is necessary for performance of the contract or required by law.

  3. The consumer has the right to access, correct and delete their data. Requests may be submitted via the trader's e-mail address.

  4. Further information about the processing of personal data can be found in the trader's privacy policy, which is available on the website.

 

Article 20 - Liability and limitation of liability

  1. The trader is only liable for direct loss resulting from intentional conduct or deliberate recklessness on the part of the trader or its management.

  2. The trader is not liable for indirect loss, such as consequential loss, loss of profit or loss caused by delays in delivery.

  3. If the trader is liable, that liability is limited to the invoice amount of the relevant order.

  4. The trader is not liable for damage caused by improper use of the products supplied.

 

Article 21 - Force majeure

  1. The trader is not obliged to fulfil any obligation if prevented from doing so by force majeure.

  2. Force majeure means any circumstance beyond the trader's control which wholly or partly prevents fulfilment of obligations towards the consumer. This includes, among other things, natural disasters, pandemics, strikes, war, disruptions to energy supplies and government measures.

  3. In the event of force majeure, the trader's obligations are suspended for as long as the force majeure situation continues. If this period lasts longer than 30 days, both parties have the right to terminate the contract without any obligation to pay compensation.

 

Article 22 - Intellectual property

  1. All intellectual property rights in digital content, manuals, designs and other materials supplied by the trader remain the property of the trader.

  2. The consumer may not copy, distribute or modify the digital content and materials supplied without the trader's prior written permission.

 

Article 23 - Amendment of the general terms and conditions

  1. The trader reserves the right to amend or supplement these general terms and conditions.

  2. Changes will be notified to the consumer via the website or by e-mail at least 30 days before they take effect.

  3. If the consumer does not accept a change, they have the right to terminate the contract within 14 days after being notified of the change.

 

Article 24 - Return conditions for damaged or incomplete products

  1. If a product is delivered damaged or incomplete, the consumer must notify the trader within 7 days of receipt.

  2. The trader will replace the product or offer an appropriate solution, provided the damage was not caused by the consumer.

  3. The trader bears the cost of returning damaged or incorrectly supplied products.

 

Article 25 - Returns policy and cooling-off period

  1. The consumer has a 30-day cooling-off period from delivery in which to withdraw from the purchase without giving any reason.

  2. The cooling-off period also applies to discounted products, second-hand products and special offers, unless stated otherwise.

  3. Certain products are excluded from the cooling-off period, including made-to-measure products and hygiene products where the seal has been broken.

  4. During the cooling-off period, the consumer may try the product in the same way as they would be permitted to do in a shop. If this reduces the value of the product, the trader may charge an amount corresponding to that reduction in value.

  5. The consumer should return the product as far as possible in its original condition and packaging.

  6. After notifying the trader of withdrawal, the consumer has a further 14 days to return the product.

  7. The dispatch date serves as evidence that the product was returned on time.

  8. The risk of loss or damage during return shipping lies with the consumer, even if the trader provides a returns label.

  9. Return shipping costs are borne by the consumer unless the trader has made an error.

  10. If the trader has made an error in the delivery, it will reimburse the shipping costs provided the return is made using the designated return method.

  11. The trader offers lower-cost return options through an external provider, for example Spring, allowing the consumer to purchase a returns label. The cost of the returns label is deducted from the amount to be refunded. In most cases, this is less expensive for the consumer than arranging the return independently. However, returns sent through Spring may take longer to process. The consumer will be informed of this in the returns e-mail.

  12. The trader refunds the purchase price and the original shipping costs if the entire order is returned. If only part of the order is returned, the original shipping costs are not refunded.

  13. The consumer will receive the refund using the same payment method as was used for the original payment, unless otherwise agreed.

 

 

Annex I: Model withdrawal form

 

Model withdrawal form

 

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

 

To (returns address):

Domo Parts International B.V. (Fiyo)

Weegschaalstraat 15
7324 BE Apeldoorn

info@fiyo.com

 

  • I/We* hereby give notice that I/we* withdraw from my/our* contract concerning

the sale of the following products: [description of product]*

 

the supply of the following digital content: [description of digital content]*

 

the provision of the following service: [description of service]*,

which I/we* hereby withdraw from

 

  • Ordered on*/received on* [date of order for services or receipt for products]

 

 

  • [Name of consumer(s)]

 

 

  • [Address of consumer(s)]

 

 

 

  • [Signature of consumer(s)] (only if this form is submitted on paper)

 

 

 

  • [Date]

 

* Delete as appropriate or complete as applicable.