Terms of service

Terms of Service – Tayushi

Last updated: 10 May 2024

Article 1 – Definitions

In these Terms of Service, the following definitions apply:

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

  • Consumer: a natural person who is not acting for purposes relating to trade, business, craft, or profession;

  • Day: calendar day;

  • Distance contract: a contract concluded between the entrepreneur and the consumer within an organized system for distance selling;

  • Durable medium: any means that allows information to be stored in a way accessible for future reference;

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

  • Entrepreneur: the natural or legal person offering products to consumers at a distance;

  • Terms of Service: these Terms of Service of Tayushi.

Article 2 – Identity of the Entrepreneur

Trade name: Tayushi
Legal entity: B. Palali, trading under the name Tayushi
Registered address: Opfeart 11D, 9047 KW Minnertsga, The Netherlands
Email: info@tayushi.nl
Phone: +31 6 42038966

Chamber of Commerce (KvK): 87272423
VAT number: NL004386304B09

Article 3 – Applicability

  1. These Terms of Service apply to every offer made by the entrepreneur and to every distance contract concluded between the entrepreneur and the consumer.

  2. Before the contract is concluded, these Terms of Service are made available to the consumer.

  3. If the contract is concluded electronically, the Terms may be provided digitally in a way that allows storage on a durable medium.

  4. If any provision is found invalid or unenforceable, the remaining provisions remain in full force.

Article 4 – The Offer

  1. All offers are non-binding unless stated otherwise.

  2. Product descriptions are accurate to the best of our knowledge.

  3. Images and specifications are indicative; minor deviations do not entitle the consumer to compensation or termination.

  4. Obvious errors or mistakes do not bind the entrepreneur.

  5. Prices include VAT unless stated otherwise.

  6. Shipping costs are displayed before checkout.

Article 5 – The Contract

  1. The contract is concluded at the moment the consumer accepts the offer and completes payment.

  2. The entrepreneur confirms the order electronically without delay.

  3. The entrepreneur may refuse orders for valid reasons.

  4. All agreements are subject to product availability.

Article 6 – Right of Withdrawal

Products

  1. Consumers have the right to withdraw from the contract within 14 days after receiving the product.

  2. During the cooling-off period, the consumer must handle the product and packaging with care.

  3. To exercise the right of withdrawal, the consumer must notify Tayushi within 14 days.

  4. Products must be returned within 14 days after notification.

Automotive Parts Exception

Installed, mounted, used, or modified automotive parts are excluded from withdrawal if such use results in a loss of value.

Article 7 – Costs in Case of Withdrawal

  1. Return shipping costs are borne by the consumer.

  2. Refunds will be processed within 14 days after receipt of the returned goods.

  3. Refunds are made using the original payment method unless agreed otherwise.

  4. Any depreciation due to improper handling may be deducted.

Article 8 – Exclusion of the Right of Withdrawal

The right of withdrawal is excluded for:

  • Custom-made or personalized products;

  • Products that have been installed, used, or modified;

  • Products that cannot be returned for technical or hygiene reasons;

  • Products damaged due to improper handling.

Article 9 – Prices

  1. Prices remain valid during the stated offer period.

  2. Price changes due to VAT or legal requirements are permitted.

  3. All prices are subject to typographical errors.

Article 10 – Conformity and Warranty

  1. Products comply with the contract and applicable legal requirements.

  2. Manufacturer warranties apply where applicable.

  3. Tayushi does not guarantee suitability for vehicles that are modified, tuned, or deviate from factory specifications.

  4. Tayushi is not liable for damage caused by incorrect installation or use.

Article 11 – Delivery and Execution

  1. Orders are shipped with due care.

  2. Delivery times are indicative and not binding.

  3. Risk transfers to the consumer upon delivery.

  4. If delivery is delayed or impossible, the consumer will be informed and may cancel the order.

  5. International orders may be subject to customs duties, taxes, or import fees, which are the responsibility of the consumer.

Article 12 – Ongoing Agreements

Not applicable unless explicitly agreed upon.

Article 13 – Payment

  1. Payment must be completed before shipment.

  2. The consumer must report payment inaccuracies immediately.

  3. In case of non-payment, the entrepreneur may suspend delivery.

Article 14 – Complaints Procedure

  1. Complaints must be submitted within a reasonable time after discovery.

  2. Complaints will be answered within 14 days.

  3. Consumers may also submit complaints via the EU ODR platform:
    https://ec.europa.eu/consumers/odr

Article 15 – Governing Law and Disputes

  1. These Terms are governed exclusively by Dutch law.

  2. The Vienna Convention on Contracts for the International Sale of Goods (CISG) does not apply.

Article 16 – Final Provisions

Additional provisions may not be detrimental to the consumer and must be provided in writing or on a durable medium.