Terms and Conditions
- Applicability
1.1 These terms and conditions of sale apply to every sales agreement concluded by Lyōre.
1.2 Customer terms and conditions are only accepted by Lyōre if this has been agreed in writing.
1.3 Deviations in Lyōre's order confirmation from these conditions take precedence.
- Agreements
2.1 Offers from Lyōre are without obligation until 28 days after issue.
2.2 Sales are confirmed in writing by Lyōre, culminating in a digitally signed sales agreement.
2.3 The Customer accepts the order by requesting execution.
2.4 Deviating customer confirmations only bind Lyōre after written approval.
- Price and Payment
3.1 Prices are fixed, including 21% VAT, as indicated in the order confirmation.
3.2 Customer shall bear all future taxes and levies on sales or transportation.
3.3 Price adjustments due to cost increases will be communicated to the customer.
3.4 Payment settlement or retention is not permitted without Lyōre's permission.
3.5 Payment default occurs immediately, with default interest of 12% per year.
3.6 Lyōre retains ownership of goods until full payment.
3.7 Storage costs will follow in case of non-payment after delivery, with a weekly surcharge.
3.8 Prepayment may be required for online sales.
3.9 The warranty on products is 12 months, with exclusions for certain damages.
- Delivery and Delay
4.1 Partial deliveries are permitted, each delivery is a separate agreement.
4.2 Delivery exemptions apply in the event of significant obstacles.
4.3 Agreements can be adjusted or terminated in the event of long-term obstacles.
4.4 In the event of an extension of delivery, Lyōre may supply replacement goods.
4.5 Delivery postponement in the event of non-performance by the customer is possible.
- Inspection and Conformity
5.1 Goods must be inspected for conformity upon delivery.
5.2 Complaints within seven days after delivery or discovery of non-conformity.
5.3 Complaints do not suspend the payment obligation.
- Right of withdrawal
6.1 30 days cooling-off period, with exceptions for business and custom-made goods.
6.2 Return conditions include undamaged goods and original packaging.
- Risk and Transfer of Ownership
7.1 Risk passes upon delivery.
7.2 Suspension of delivery or non-acceptance imposes costs on the customer.
7.3 Ownership remains with Lyōre until full payment.
- Liability
8.1 Liability is limited to foreseeable damage up to the purchase price.
8.2 No liability for indirect damage.
- Distance
9.1 Failure to enforce conditions does not imply a waiver of rights.
- Limitation of Action
10.1 Promotions require prior written notice within 30 days and commence within 12 months.
- Law and Jurisdiction
11.1 Disputes are subject to the Amsterdam court and Dutch law, CISG excluded.
- Compliance with Laws
12.1 No guarantee that goods comply with specific laws unless specifically stated.
- Intellectual property
13.1 Sales do not grant any licenses under intellectual property law; customer bears the risk of infringement.