Terms & Conditions - OFYR
Terms & Conditions
Our passion is to bring people together around exceptional outdoor cooking experiences, and we strive to ensure that every interaction with our brand reflects the same dedication to quality and craftsmanship. These Terms & Conditions are designed to provide clarity about how our website, products, and services may be used. By visiting or engaging with this site, you acknowledge and accept the guidelines outlined below. We invite you to read them carefully, so you can enjoy everything OFYR has to offer with confidence and ease.
Article 1 – Definitions
1.1. In these General Terms and Conditions, the following terms are used, both in singular and plural. These terms are understood to mean:
General Terms and Conditions: these General Terms and Conditions;
Consumer: the natural person who is not acting for purposes related to their trade, business, craft, or professional activity;
Information: all material and all information placed by OFYR 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, and neighboring rights, as well as rights to know-how and one-line performances;
OFYR/we/us: the private limited company Fyron Group B.V., located at (4704 RE) Roosendaal, Gewenten 43a, registered with the Dutch Chamber of Commerce under number 64553183;
Agreement: the agreement you enter into with us for the purchase of one or more Products via our Website;
Privacy Statement: the privacy statement of OFYR, available via https://www.ofyr.nl/privacy-cookies-beleid
Product: a product purchased by you through the Website, such as an OFYR cooking device, table grill, or (cooking) furniture;
You/your: the Consumer entering into an Agreement with OFYR;
Website: the website of OFYR, accessible via www.ofyr.nl or www.ofyr.be and all underlying pages.
Article 2 – General
2.1 These General Terms and Conditions apply to all use of the Website, to every offer made by OFYR, and to every agreement concluded between OFYR and you. By using the Website and/or purchasing a Product, you agree to these General Terms and Conditions.
2.2 We are entitled at all times to modify and/or supplement these General Terms and Conditions. The most current version will be available on the Website and will be brought to your attention during the ordering process. If a modification or addition significantly affects your rights or obligations, OFYR will notify you by email or by clearly announcing these changes on the homepage of the Website.
2.3 The applicability of any (general) terms and conditions used by you is expressly rejected.
Article 3 – Formation of the Agreement and use of our Products
3.1 An Agreement is concluded by placing and completing an order on the Website. You will receive an email confirmation of 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. OFYR may assume that you are indeed the person logging in with your credentials.
3.3 You are fully responsible and liable for all actions you perform through the Website and/or using the Products.
3.4 Without prejudice to the other provisions of these General Terms and Conditions, you are not permitted to:
Use our Products for purposes or in ways other than those described on our Website, in these General Terms and Conditions, or in the instructions;
Infringe on our rights and/or the rights of third parties, including—but not limited to—Intellectual Property Rights, portrait rights, and privacy rights;
Use viruses, Trojan horses, bots, DDoS software, or other software or technical tools that may damage our Website, render it inaccessible, or are intended to circumvent technical protection measures;
Copy, make available, sublicense or otherwise commercialize the Website, the Information, and/or our Products, or modify or create derivative works thereof;
Decompile or reverse-engineer the Website and/or its source or object code.
3.5 We reserve the right to adjust our Products and prices and/or to implement procedural and technical changes and/or improvements, without this giving rise to any right of compensation, refund, or liability on our part.
Article 4 – Price and payment
4.1 The prices of our Products are those applied and displayed on the Website at the time of ordering.
4.2 Unless stated otherwise, 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 are calculated based on the weight of your order and communicated during checkout.
4.4 Payment is made in the manner and within the deadlines stated on the Website.
4.5 OFYR may change the prices of its Products at any time. However, prices will not be changed during an ongoing order process unless the increase results from a change in VAT.
4.6 We are entitled to suspend or discontinue delivery of the Product and/or dissolve the Agreement if you fail to meet your payment obligations. Any negative consequences of suspension, discontinuation, or dissolution are at your expense.
Article 5 – Delivery
5.1 The Product is delivered to the address you provide.
5.2 You are responsible for providing the correct delivery address when placing your order.
5.3 If your order concerns OFYR cooking devices or furniture, you must ensure that someone is present at the agreed delivery time to receive the order.
5.4 OFYR 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 binding. If shipment and/or delivery is delayed, OFYR will inform you.
5.5 The Product remains our property until you have paid the full amount owed. OFYR will handle orders with care.
5.6 The risk of loss or damage transfers to you at the moment the Product is placed under your actual control.
Article 6 – Warranty and indemnification
6.1 OFYR guarantees that the Products comply with the Agreement, with the characteristics that OFYR has communicated, with reasonable expectations of quality and usability, and with applicable regulations at the time. Subject to the following, we strive for the highest possible quality, durability, and usability of our products.
All OFYR Products come with the standard OFYR factory warranty of 24 months;
You are responsible for reading and following the Product manual;
OFYR cooking devices 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 is never fully waterproof. The Product is fully protected only if placed under a roof or indoors;
The Product must be regularly maintained according to the provided maintenance instructions, for which you are responsible;
You acknowledge and accept that minor deviations in stated dimensions, weight, colors, and similar data do not constitute a defect;
You acknowledge that wood is a natural material and may react to weather conditions and humidity. Irregularities such as warping, cracks, splits, or fractures caused by moisture or temperature changes 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 Product manual;
Wear, corrosion, deformation, and discoloration of parts exposed to fire;
Corrosion and discoloration caused by external influences;
Visual irregularities inherent to the production 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 Products yourself. For repairs, contact us or your OFYR dealer.
6.3 You are liable to us and fully indemnify us against all damages and costs we incur as a result of (i) an attributable failure to comply with the General Terms and Conditions or the Agreement by you, (ii) any act by you in the use of Products purchased from us, or (iii) a wrongful act. All costs and damages related to such claims will be reimbursed by you.
Article 7 – Complaints and returns
7.1 Comments or complaints regarding the delivery of the Product must be communicated to us within a reasonable time, but no later than two (2) days after discovering the defect. If not, any claim you may have regarding the defect expires.
7.2 As a Consumer, you may dissolve the Agreement within fourteen (14) days of receiving the Product and return the Product to us. We may ask for the reason for withdrawal, but you are not obliged to provide one.
7.3 The right of withdrawal in Article 7.2 does not apply to Products made to your specifications, not prefabricated, manufactured based on your individual choices or decisions, or clearly intended for a specific person.
7.4 During the withdrawal period, you must handle the Product and packaging with care. You may only unpack or use the Product to the extent necessary to determine its nature, characteristics, and functioning—as you would in a physical store.
7.5 If you use the statutory right of withdrawal in accordance with Article 7.2, you may do so within the withdrawal period using the model withdrawal form, by emailing customerservice@ofyr.com, or by any other unambiguous statement. We will send you an acknowledgment of receipt without delay.
7.6 If you exercise the right of withdrawal, you must return the Product within fourteen (14) days after the notification described in Article 7.5, including all supplied accessories, in original condition and packaging, and in accordance with our reasonable and clear instructions.
7.7 You 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 correct and timely exercise of the right of withdrawal lie with you.
7.10 For complaints, you may use the “Online Dispute Resolution” platform via: https://ec.europa.eu/consumers/odr.
Article 8 – Intellectual Property Rights
8.1 All Intellectual Property Rights relating to the Website, the Information, and the Products are owned by us or our licensors.
8.2 Nothing in these General Terms and Conditions is intended to transfer any Intellectual Property Rights to you. You will not perform any action that may infringe our Intellectual Property Rights, such as registering domain names, trademarks, Google AdWords, or social media accounts similar or identical to signs on which we may claim rights.
8.3 You are not permitted to remove, obscure, make unreadable, or alter notices or statements related to Intellectual Property Rights.
Article 9 – Privacy
9.1 To conclude the Agreement, you provide (personal) data to us. This data will be processed in accordance with the Privacy Statement and applicable laws and regulations.
Article 10 – Liability
10.1 We accept no liability for damage arising from the offering of our Products, from a (attributable) failure to comply with the Agreement, or from a wrongful act or otherwise, insofar as permitted by mandatory law.
10.2 If we are liable to you for any reason, we are only liable for direct damage resulting from an attributable failure or wrongful act. Our total liability under the Agreement will never exceed the price you paid for the Product.
10.3 We are never liable for consequential damages, including financial loss, lost revenue or profits, data loss, and immaterial damage.
10.4 The limitation of liability in this article does not apply in cases of intent or deliberate recklessness by us or our management.
10.5 A condition for any right to compensation is that you notify us of the damage in writing as soon as possible. Any claim for compensation expires 12 months after it arises.
10.6 This article also applies to all entities affiliated with OFYR, as well as its management, directors, employees, representatives, and successors.
Article 11 – Force majeure
11.1 We are not in breach of the Agreement if performance is prevented by force majeure.
11.2 Force majeure includes, among other things: employee illness and/or absence of staff crucial to delivery, failures of third parties or suppliers, internet or hardware malfunctions, telecommunication failures, interruptions in electricity supply, strikes, riots, government measures, fire, natural disasters, floods, and other unforeseen circumstances.
Article 12 – Miscellaneous
12.1 Dutch law applies to these General Terms and Conditions, the Agreement, and the use of the Product. The applicability of the Vienna Sales Convention (CISG) is expressly excluded.
12.2 All disputes between you and OFYR will be submitted to the competent court in the district of Breda, unless mandatory law requires or permits submission to another court.
12.3 OFYR may sublicense and/or transfer its rights and obligations arising from the Agreement to third parties.
12.4 If any part of these General Terms and Conditions is or becomes invalid, the remaining provisions remain in force. We will replace the invalid part with provisions that are valid and whose legal effects correspond as closely as possible to the invalid part, considering the content and purpose of these General Terms and Conditions.