TERMS & CONDITIONS FYRON Group B.V., January 2025
TERMS & CONDITIONS FYRON Group B.V., January 2025
These are the terms and conditions (the “Terms”) of Fyron Group B.V. (“Fyron”). We recommend you to duly read these Terms. These Terms apply to all offers, agreements and other relations between Fyron and its consumers (the “Customer(s)”). Fyron can only provide its services to Consumers who accept these Terms.
1.1 In these Terms, the following definitions are used, both in singular and plural. These definitions are defined as follows:
Consumer: the natural person who is not acting for purposes related to his/her trade, business, craft, or professional activity;
Information: all materials and information posted by Fyron on the Website or made accessible through the Website;
Intellectual Property Rights: all intellectual property rights and related rights, such as copyrights, trademark rights, patent rights, design rights, trade name rights, database rights, neighboring rights, as well as rights to know-how and one-time performances;
FYRON/we/us: the private limited company Fyron Group B.V., located at Gewenten 43 a, 4704 RE Roosendaal, registered with the Chamber of Commerce under number 64553188, and the brands owned by Fyron Group B.V., including Ofyr, The Bastard, Grill Guru, and Grizzly Grills.
Agreement: the agreement you enter into with us for the purchase of one or more Products through our Website;
Privacy Statement: Fyron’s privacy statement, available via [link];
Product: a product purchased by you through the Website;
You/your: the Consumer who enters into an Agreement with FYRON;
Website: the website of Fyron and/or its subsidiaries, accessible via www.fyrongroup.com, www.ofyr.com, www.thebastard.com, www.grillguru.com, and/or www.grizzly-grills.com, and all underlying pages.
2.1 These Terms apply to any use of the Website, any offer by Fyron, and any agreement concluded between Fyron and you. By using the Website and/or purchasing a Product, you agree to be bound by these Terms.
2.2 We reserve the right to modify and/or supplement these Terms at any time. The most current Terms will be available on the Website and will be brought to your attention when ordering a product. If a modification or addition significantly affects your rights or obligations, Fyron will notify you by email or clearly announce these changes on the homepage of the Website.
2.3 The applicability of any (general) terms and conditions you use is explicitly excluded.
3.1 An Agreement is concluded by placing and completing an order on the Website. You will receive an email confirming your order.
3.2 It is possible to create an account on the Website. In that case, you are responsible for keeping your login details confidential. Fyron may assume that you are the person logging in with your credentials.
3.3 You are fully responsible and liable for all actions you take using the Website and/or the Products.
3.4 Notwithstanding the other provisions of these Terms, it is prohibited to:
· Use our Products for purposes other than those described on our Website, these Terms, or the instructions;
· Violate our rights and/or the rights of third parties, including but not limited to – Intellectual Property Rights, portrait rights, and privacy protection rights;
· Use viruses, Trojan horses, bots, DDoS software, or other software or technical tools that could harm our Website or make the Website inaccessible or are intended to bypass technical protection measures;
· Copy, make available, sublicense, or otherwise commercialize, modify, or create a derivative work from the Website, the Information, and/or our Products;
· Decompile or reverse-engineer the Website and/or its source or object code(s).
3.5 We reserve the right to modify our Products and prices and/or make procedural and technical changes and/or improvements without this entitling you to any compensation, refund, or liability on our part.
4.1 The prices for our Products are those in effect at the time of ordering, as indicated on the Website.
4.2 Unless otherwise stated, prices are in Euros, including VAT and excluding shipping costs. Prices will be communicated to you before the Agreement is concluded.
4.3 Shipping costs will be calculated based on the weight of your order and will be communicated to you when completing your order.
4.4 Payment must be made in the manner and within the timeframes specified on the Website.
4.5 Fyron may change the prices for its Products at any time. However, prices will not be changed during an ongoing order process, unless such increase is due to a change in VAT.
4.6 We reserve the right to suspend or stop delivery of the Product and/or terminate the Agreement if you fail to meet your payment obligations. Any negative consequences of suspension, cessation, and/or termination are at your expense.
5.1 The Product will be delivered to the address you provided.
5.2 You are responsible for providing the correct delivery address when placing your order.
5.3 If your order concerns cooking appliances or furniture, you must ensure that someone is present at the agreed delivery time to receive the order.
5.4 Fyron will process orders as quickly as possible and aims to have your order ready for shipment within five working days. Expected delivery dates and times are indicative and never final. If there is a delay in shipping and/or delivery, Fyron will inform you.
5.5 The Product remains our property until you have fully paid the amount owed to us. Fyron will handle orders carefully.
5.6 The risk of loss or damage to the Product transfers to you once the Product is in your actual possession.
6.1 Fyron warrants that the Products meet the Agreement, the characteristics Fyron has made known, reasonable standards of quality and/or usability, and the applicable regulations in force at that time. Taking the following into consideration, we strive for the highest possible quality, durability, and usability of our products.
· All Fyron Products come with the standard Fyron factory warranty period of 24 months;
· The material and construction of ceramic parts of Fyron barbecues are covered by a warranty period of 2 to 20 years.
· You are responsible for reading and following the instructions in the Product manual;
· Fyron cooking appliances must always be placed on a solid and stable surface;
· If the Product is outdoors and not in use, you are required to cover it. A cover protects against UV radiation, discoloration, and moisture, but it is never fully waterproof. The Product is fully protected against weather conditions only if it is under a shelter or can be placed indoors, such as in a shed or garden house;
· The Product must be regularly maintained according to the provided maintenance instructions. You are responsible for this.;
· You acknowledge and accept that minor deviations in previously specified dimensions, weight, colors, and similar data do not constitute a defect in the construction of the product;
· You acknowledge that wood is a natural product and can expand or contract due to weather conditions and humidity. Irregularities and/or deviations in the wood, such as warping, cracks, splits, and gaps caused by the wood's response to moisture and/or temperature fluctuations or improper use, are not covered by the warranty.
6.2 You acknowledge and accept that you cannot claim warranty in the following cases:
· Failure to follow the instructions in the Product manual;
· Wear and tear, corrosion, deformation, and discoloration of parts exposed to fire;
· Corrosion and discoloration caused by external influences;
· Visual irregularities inherent to the manufacturing process;
· Damage caused by failure to follow our safety, setup, usage, and maintenance instructions/tips;
· Using our Products for purposes for which they are not intended;
· Attempting to repair broken Products yourself. For repairs, you can contact us or your FYRON dealer.
6.3 You are liable to us and fully indemnify us against any damage and costs we incur as a result of (i) a breach of these Terms or the Agreement by you, (ii) any actions you take when using the Products purchased from us, or (iii) an unlawful act. All costs and damages we incur related to such claims will be reimbursed by you.
7.1 Remarks or complaints regarding the delivery of the Product must be made known to us promptly, but no later than two (2) days after discovering the defect. If no such notification is made, any claims you may have regarding defects in the Product shall be forfeited.
7.2 As a Consumer, you have the right to cancel the Agreement and return the Product to us within fourteen (14) days after receipt of the Product. We may ask for the reason for the cancellation, but you are not obliged to provide that reason(s).
7.3 The right of withdrawal referred to in Article 7.2 does not apply to Products manufactured according to your specifications, which are not prefabricated and are made based on your individual choice or decision, or that are clearly intended for a specific person.
7.4 You are required to handle the Product and packaging carefully during the reflection period. You may only unpack or use the Product to the extent necessary to determine the nature, characteristics, and functionality of the Product. The starting point here is that you may only handle and inspect the Product as you would in a store.
7.5 If you exercise right of withdrawal in accordance with Article 7.2, you may do so within the reflection period by using the model withdrawal form or by sending an email to [email address], or in another unambiguous manner. We will promptly send you an acknowledgment of receipt.
7.6 If you exercise the right of withdrawal, you are required to return the Product within fourteen (14) days after the notification referred to in Article 7.5, in its original condition and packaging, along with all supplied accessories and in accordance with the reasonable and clear instructions provided by us.
7.7 You will bear the direct costs of returning the Product.
7.8 We will refund the amount paid within fourteen (14) days after receiving and inspecting the returned Product.
7.9 The risk and burden of proof for the proper and timely exercise of the right of withdrawal lies with you.
7.10 For complaints, you can use "Online Dispute Resolution" via the following link: https://ec.europa.eu/consumers/odr.
8.1 All Intellectual Property Rights relating to the Website, the Information and the Products, are vested in us or our licensors.
8.2 Nothing in these Terms is intended to transfer any Intellectual Property Rights to you. You will not engage in any activities that could infringe our Intellectual Property Rights, such as registering domain names, trademarks, Google AdWords, or social media accounts that resemble or are identical to any sign on which we may claim Intellectual Property Rights.
8.3 It is not allowed to remove, render unreadable, hide, or alter any notices or references regarding Intellectual Property Rights.
9.1 For the purpose of concluding the Agreement, you will provide (personal) data to us. These (personal) data will be processed in accordance with the Privacy Statement [link] and applicable laws and regulations.
10.1 We accept no liability for damages caused by the offering of our Products, due to a (attributable) failure to perform the Agreement, unlawful act, or otherwise, to the extent permitted by mandatory law.
10.2 If we are liable to you for any damage, we shall only be liable for direct damages suffered by you as a result of an attributable breach and/or tort or otherwise. Our total liability under the Agreement shall in no event exceed the price you paid for the Product.
10.3 We are in any case never liable for consequential damages, including but not limited to pure financial loss, lost turnover and profit, loss of data, and immaterial damage.
10.4 The liability limitation in this article does not apply in the case of intent or gross negligence by us or our executives.
10.5 A condition for the creation of any right to compensation is that you report the damage to us in writing as soon as possible after it occurs. Any claim for compensation against us expires automatically after 12 months from the occurrence of the claim.
10.6 This article extends to all affiliated companies of Fyron as well as its management, directors, employees, representatives, and successors.
11.1 No failure to perform the Agreement by us will be considered an attributable failure if caused by force majeure.
11.2 Force majeure includes, but is not limited to, the illness of employees and/or the absence of key employees for the delivery of the Product, deficiencies in third-party suppliers or contractors we rely on, internet connection failures, hardware failures, telecommunication network failures, electricity supply interruptions, strikes, riots, government measures, fires, natural disasters, floods, and other unforeseen circumstances.
12.1 These Terms, the Agreement, and the use of the Product are governed by Dutch law. The applicability of the Vienna Convention on Contracts for the International Sale of Goods (CISG) is expressly excluded.
12.2 All disputes that arise between you and Fyron will be submitted to the competent court in the district of Breda, unless mandatory law stipulates that the dispute must or can be submitted to a different court.
12.3 FYRON may sublicense and/or transfer its rights and obligations under the Agreement to third parties.
12.4 If any part of these Terms is invalid, you remain bound by the remaining part. We will replace the invalid part with terms that are valid and, as far as possible, align with the original intent and effect of the invalid part.