Terms and Conditions – Business to Business (for Business to Consumer, please see below)

Table of Contents:

Article 1 – Definitions

Article 2 – Identity of the Entrepreneur

Article 3 – Applicability

Article 4 – The Offer

Article 5 – The Agreement

Article 6 – The Price

Article 7 – Performance of the Agreement and Guarantees

Article 8 – Delivery and Execution

Article 9 – Complaints and Returns

Article 10 – Invoicing

Article 11 – Payment

Article 12 – Complaints Procedure

Article 13 – Disputes

Article 14 – Liability

Article 15 – Additional or Deviating Provisions


Article 1 – Definitions

In these terms and conditions, the following definitions shall apply:

Additional Agreement: An agreement whereby the purchaser acquires products, digital content, and/or services in connection with a distance contract, and these goods, digital content, and/or services are delivered by the entrepreneur or by a third party based on an arrangement between that third party and the entrepreneur.

Purchaser: The natural person acting for purposes related to their trade, business, craft, or professional activity.

Day: Calendar day.

Digital Content: Data produced and delivered in digital form.

Durable Medium: Any means that enables the purchaser or entrepreneur to store information directed personally to them in a way that allows for future consultation or use for a period tailored to the purpose for which the information is intended, and which allows unchanged reproduction of the stored information.

Entrepreneur: The natural or legal person offering products, (access to) digital content, and/or services remotely to the purchaser, namely Tyr Trading, located at Karel Appelstraat 30 in Dronten, registered with the Chamber of Commerce under number 85651621.

Distance Contract: An agreement concluded between the entrepreneur and the purchaser as part of an organized system for distance selling of products, digital content, and/or services, where up to and including the conclusion of the contract, exclusive or partial use is made of one or more techniques for distance communication.

Technique for Distance Communication: Means that can be used for concluding an agreement, without the purchaser and entrepreneur being simultaneously present in the same space.


Article 2 – Identity of the Entrepreneur

Tyr Trading

Karel Appelstraat 30, 8253 VS, Dronten, The Netherlands

Phone Number: 06-50222193

Email Address:

Chamber of Commerce Number: 85651621

VAT Identification Number: NL004124951B33

If the entrepreneur engages in a regulated profession:

The professional association or organization to which they belong.

The professional title, the place in the EU or the European Economic Area where it was granted.

A reference to the professional rules applicable in the Netherlands and indications of where and how these professional rules are accessible.


Article 3 – Applicability

These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract concluded between the entrepreneur and purchaser, not concluded in person.

Before concluding a distance contract, the text of these general terms and conditions will be made available to the purchaser. If this is not reasonably possible, the entrepreneur will indicate, before the distance contract is concluded, how the general terms and conditions can be inspected at the entrepreneur's premises and that they will be sent free of charge at the purchaser's request as soon as possible.

If the distance contract is concluded electronically, in deviation from the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be made available to the purchaser by electronic means in such a way that the purchaser can easily store them on a durable medium. If this is not reasonably possible, before concluding the distance contract, it will be indicated where the general terms and conditions can be consulted electronically and that they will be sent free of charge electronically or otherwise at the purchaser's request.

In the event that, in addition to these general terms and conditions, specific product or service conditions apply, the second and third paragraphs shall apply mutatis mutandis, and in the event of conflicting conditions, the purchaser can always rely on the applicable provision most favorable to them.

Tyr Trading has the right to amend these general terms and conditions without prior notice. The amended general delivery conditions apply to all orders executed in full after the establishment of the new delivery conditions.


Article 4 – The Offer

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

The offer contains a full and accurate description of the offered products, digital content, and/or services. The description is sufficiently detailed to enable the purchaser to make a proper assessment of the offer. If the entrepreneur uses images, these are a truthful representation of the offered products, services, and/or digital content. Obvious errors or mistakes in the offer do not bind the entrepreneur.

Each offer includes such information that it is clear to the purchaser what rights and obligations are attached to the acceptance of the offer.


Article 5 – The Agreement

The agreement, subject to the provisions of clause 4, is concluded at the moment of acceptance of the offer by the purchaser and fulfilment of the conditions set forth therein.

If the purchaser has accepted the offer electronically, the entrepreneur promptly confirms receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the purchaser can dissolve the agreement.

If the agreement is concluded electronically, the entrepreneur shall implement appropriate technical and organizational measures to secure the electronic transmission of data and shall ensure a secure web environment. If the purchaser can make electronic payments, the entrepreneur shall take appropriate security measures for this purpose.

Within legal frameworks, the entrepreneur may ascertain whether the purchaser can fulfil their payment obligations and possesses sufficient knowledge and skill to avoid endangering themselves or their environment, as well as all facts and factors relevant to a responsible conclusion of the distance agreement. If, based on this assessment, the entrepreneur has valid grounds not to enter into the agreement, they are entitled to motivated refusal of an order or request, revocation of acceptance, in which case no agreement is concluded between the parties, or to attach special conditions to execution.

The entrepreneur shall provide the following information to the purchaser upon delivery of the product, service, or digital content, in writing or in such a manner that it can be stored on a durable medium in an accessible way by the purchaser:

The visiting address of the entrepreneur's establishment where the purchaser can address complaints.

Information about warranties and existing post-purchase services.

The price, including all taxes, of the product, service, or digital content; where applicable, the delivery costs; and the method of payment, delivery, or execution of the distance agreement.


Article 6 – The Price

The current prices of the offered products and/or services are published on the website Price changes are reserved.

The prices mentioned in the offer of products or services are shown excluding VAT.

The indicated prices are excluding shipping costs, unless otherwise indicated.

If a specific price has been agreed upon, Tyr Trading is nevertheless entitled to change the price if Tyr Trading can demonstrate that significant price changes have occurred with regard to raw materials, delivery conditions, currency and/or wages or other unforeseen circumstances between the time of offering and delivery. If the price increase exceeds 10%, the purchaser has the right to terminate the agreement.


Article 7 – Performance of the Agreement and Guarantees

The entrepreneur warrants that the products and/or services comply with the agreement, the specifications mentioned in the offer, the reasonable requirements of soundness and/or usability, and the existing legal provisions and/or government regulations as of the date of conclusion of the agreement.

A 12-month warranty is provided for delivered goods, unless otherwise agreed upon in writing.

The purchaser must deliver items eligible for replacement or repair at their own risk and cost to the address provided by the entrepreneur.

Defective products received under warranty are always extensively tested, and in the case of a fault diagnosis (defect), the defective parts are replaced, provided they are still available and in stock. The repair can be carried out by either the entrepreneur or the entrepreneur's supplier.

The repair period and other performance deadlines specified by Tyr Trading are approximate and informative. Exceeding these does not entitle the potential purchaser to compensation or termination.

The warranty for products of the entrepreneur that are equipped with factory-applied serial numbers covers free repair if a manufacturing or material defect is detected within 12 months from the date of purchase by the entrepreneur. This is only applicable when the defective product is returned in its original packaging and complete.

Factory or trade marks, type or identification numbers, or signs affixed to the goods supplied by the entrepreneur must not be removed, damaged, or altered. If these type, identification numbers, or signs are not present on the product, the entrepreneur reserves the right not to provide a guarantee for the respective product.

The warranty period does not restart due to repair and/or replacement. However, a guarantee with a duration of 30 days is provided for the repairs themselves.

The warranty is void if there is improper use, incorrect connection, incorrect voltage, lightning strike, damage caused by moisture or other causes beyond the entrepreneur's control. The warranty shall never extend to reimbursement of costs or damages arising from the purchaser making changes or repairs to the products themselves or having them done, or if the products are used for purposes other than intended, or if they are treated or maintained in a careless or imprudent manner.


Article 8 – Delivery and Execution

The entrepreneur shall exercise the utmost care in receiving orders for products and assessing applications for the provision of services and in the execution thereof.

The delivery address provided by the purchaser to the entrepreneur shall serve as the place of delivery. The delivery will be arranged by a carrier to be determined by Sparkularshop.

The delivery times specified by Tyr Trading and other performance deadlines to be met by Tyr Trading are approximate and informative. Exceeding them does not entitle the potential purchaser to compensation or termination.

The purchaser is obliged to accept the purchased items at the time they are delivered to them or made available to them in accordance with the agreement. If the purchaser refuses acceptance or is negligent in providing information or instructions necessary for delivery, the return freight, storage, and other costs will be borne by the purchaser.

The entrepreneur is entitled, if prevented by force majeure from delivering the goods and/or (additional) services in whole or in part and/or if the execution of the agreement is impeded, to suspend the execution of the agreement and/or to fully or partially dissolve the agreement in writing, and to demand payment for the goods and/or (additional) services already delivered, without the purchaser being entitled to any compensation and/or warranty.

The risk of damage and/or loss of products shall remain with the entrepreneur until the moment of delivery to the purchaser or a designated representative made known to and recognized by the entrepreneur, unless expressly agreed otherwise.


Article 9 – Complaints and Returns

The purchaser must examine the delivered products and/or services for conformity with the agreement upon or immediately after delivery. If the delivered item deviates from the agreement, the purchaser has the right to return the delivered item immediately, unless the deviation from the agreement is so minor that it does not justify refusal to accept the item. However, if the delivered item is not rejected immediately upon delivery, the delivered item shall be deemed accepted, and the purchaser forfeits the right to subsequently object to any deviation of the delivered item from the agreement.

The purchaser cannot invoke the fact that delivered products and/or services do not conform to the agreement if they fail to conduct this examination or if the entrepreneur has not been informed of the defects in writing within the aforementioned period.

Complained goods may only be returned with the explicit prior permission of the entrepreneur. Products for return must be accompanied by the original packaging. Returns must be carried out in all cases according to the instructions of the entrepreneur. The entrepreneur reserves the right to demand that said goods be sent to an address specified by them. The purchaser shall bear the direct costs of returning the product.

The right of complaint lapses if the delivered item is no longer in the same condition as it was upon delivery.

Complaints regarding invoices must be submitted in writing within five working days of the date of dispatch of the invoice.


Article 10 – Invoicing

The VAT invoice is enclosed with the order or sent afterwards.

Upon request, foreign purchasers can be provided with a 0% VAT invoice whereby the VAT is shifted to the purchaser. The purchaser must provide the international VAT number when placing the order and indicate a intra-community supply (ICS). The delivery address must match the billing address, and the provided address must match the address where the company is fiscally registered. If the data can be easily verified, delivery can be made without VAT. The recipient of the invoice must add the VAT according to the applicable EU directive.


Article 11 – Payment

Unless otherwise stipulated in the agreement or additional conditions, the amounts owed by the purchaser must be paid within 14 days after the start of the cooling-off period, or if no cooling-off period applies, within 14 days after the conclusion of the agreement. In the case of an agreement for the provision of a service, this period commences on the day after the purchaser has received confirmation of the agreement.

The entrepreneur reserves the right to require an advance payment of up to 100% from purchasers. When advance payment is stipulated, the purchaser cannot assert any rights regarding the execution of the relevant order or service(s) until the stipulated advance payment has been made.

The purchaser is obligated to promptly report inaccuracies in provided or stated payment details to the entrepreneur.

If the purchaser does not fulfill their payment obligations in a timely manner, and after the entrepreneur has informed the purchaser of the late payment and granted the purchaser a period of 14 days to fulfill their payment obligations, if payment is not made within this 14-day period, the statutory interest on the remaining amount due is payable, and the entrepreneur is entitled to charge the extrajudicial collection costs incurred by them. These collection costs amount to a maximum of: 15% on outstanding amounts up to € 2,500; 10% on the subsequent € 2,500; and 5% on the next € 5,000, with a minimum of € 40. The entrepreneur may deviate from the mentioned amounts and percentages in favor of the purchaser.


Article 12 – Complaints Procedure

The entrepreneur has a well-publicized complaints procedure and handles complaints in accordance with this complaints procedure.

Complaints about the execution of the agreement must be submitted to the entrepreneur within a reasonable time after the purchaser has detected the defects, fully and clearly described.

Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within the 14-day period with an acknowledgment of receipt and an indication of when the purchaser can expect a more comprehensive response.

The purchaser must give the entrepreneur a period of at least 4 weeks to resolve the complaint through mutual consultation. After this period, a dispute arises that is subject to the dispute settlement procedure.


Article 13 – Disputes

Only Dutch law applies to agreements between the entrepreneur and the purchaser to which these general terms and conditions apply.


Article 14 – Liability

If one of the parties fails to fulfill one or more of its obligation(s) under the agreement, the other party shall issue a written notice of default, unless the performance of the relevant obligation(s) has already become permanently impossible, in which case the defaulting party is immediately in default. The notice of default shall be in writing, specifying a reasonable period for the defaulting party to fulfill their obligations. This period shall have the nature of a strict deadline. The liability of the entrepreneur to the purchaser for direct damages in case of non-performance, late performance, or improper performance is limited to the net invoice value of the relevant goods and/or services.

The limitation mentioned in paragraph 1 also applies if the entrepreneur is held liable by the purchaser for reasons other than the agreement concluded between them.

Direct damage is exclusively understood to mean:

  1. Reasonable costs that a party would have to incur to ensure that the performance by the other party complies with the agreement. However, this damage shall not be compensated if the other party has terminated the agreement;
  2. Reasonable costs incurred to determine the cause and scope of the damage, insofar as the determination relates to direct damage as defined in these general terms and conditions; and/or
  3. Reasonable costs incurred to prevent or limit damage, insofar as the damaged party demonstrates that these costs have led to the limitation of direct damage as defined in these terms and conditions.

The entrepreneur is never liable for indirect damage, including consequential damage, lost profits, missed savings, business interruption damage, and all damage that does not fall under the definition of direct damage as defined in these general terms and conditions.

The limitation of liability does not apply in case of intent or gross negligence of directors and executives of the entrepreneur.

The entrepreneur is never liable in relation to products provided by the purchaser in connection with the agreement. The purchaser undertakes to take out sufficient insurance for these products.

Notwithstanding the above, the entrepreneur is not liable if the damage is due to intent and/or gross negligence and/or culpable conduct or improper or unauthorized use of the delivered items by the purchaser.


Article 15 – Additional or Deviating Provisions

Additional or deviating provisions from these general terms and conditions may not be to the detriment of the purchaser and must be recorded in writing or in a manner that allows the purchaser to store them in an accessible way on a durable medium.