General terms and conditions
These general terms and conditions apply to all products, services and
Subscriptions provided by Bypoint. Bypoint is the trading name of FieConn BV
established in the Netherlands, registered with the Chamber of Commerce under number
81853122. These conditions apply to both consumers and business
customers, divided into Part A (consumers) and Part B (business customers).
PART A – CONSUMERS
Article 1 – Definitions
In these general terms and conditions the entrepreneur is understood to mean: Bypoint, acting
under FieConn BV The consumer is any natural person who enters into an agreement
enters into a contract with Bypoint and does not act in the exercise of a profession or business. A
Distance contract is any agreement between Bypoint and the consumer
is concluded without the parties being physically present at the same time, for example via the
webshop or by electronic order. Products include all physical items that
supplied by Bypoint, including bicycle helmets, mirrors, locks, the Bypoint
fall detection system and the Bypoint Tag Smart. Electronic products are
means all products that contain sensors, batteries, detection functions, network functionality or
include wireless communications, such as the fall detection system and the Tag Smart. Under
Services means all digital and supporting services related to
the use of electronic products, including subscriptions, portal use,
reporting functions and investigation if applicable. Contact persons are the persons who
have been designated by the consumer to receive notifications if a notification is made
generated by the electronic product. The portal is the digital system in which the
consumer personal data, contacts, product registration and settings can
to manage.
Article 2 – Identity of the entrepreneur
Manufacturer name: Bypoint – Bypoint is part of FieConn BV
• Business address: Van Vlissingenstraat 1, 9403BB Assen, The Netherlands
• Phone number: +31592-250025
• Time(s) when Bypoint can be reached by telephone: Mon-Fri 08:30-17:00
• Email address: contact@bypoint.nl
• Chamber of Commerce number: 81853122
• VAT identification number: NL862244791B01
IBAN number: NL29RABO0359651380
Article 3 – Applicability
These general terms and conditions apply to every offer from Bypoint and to every
agreement concluded between Bypoint and the consumer, regardless of whether this is done via the
webshop, in writing, by telephone or otherwise electronically.
Before the agreement is concluded, the text of these general terms and conditions
made available to the consumer. If this text cannot be shown in advance,
it is clearly stated where the conditions can be viewed and that they are available upon request
are provided free of charge. If the agreement is concluded electronically,
the conditions are made accessible in such a way that they can be read by the consumer
stored on a durable data carrier. If, in addition to these conditions,
specific product or service conditions apply, the consumer may
in case of conflict, rely on the provision most favourable to him. If a
provision in these terms and conditions proves to be null and void in whole or in part or is annulled,
the remaining provisions are reasonable and in full force. Unforeseen situations are
assessed according to the spirit and scope of these terms and conditions. The headings and article division
are for readability purposes only and do not limit the content of the provisions.
Article 4 – The offer and information about products
The offer contains a complete and clear description of the products offered,
digital services and subscriptions so that consumers can view the offer properly and correctly
review. The images and product descriptions are a true representation
product image, but colors and details may vary due to differences in
screen or display settings. Obvious errors or obvious mistakes in the offer
are not binding on Bypoint. If an offer is only valid for a limited period or under
If conditions apply, this will be explicitly stated.
All products supplied by Bypoint are offered in good condition. This applies to physical
products such as bicycle helmets, mirrors, locks and bicycle accessories, as well as electronic
products such as the Bypoint fall detection system and the Bypoint Tag Smart. The consumer
must use and maintain the product with care. When a product
If the product contains instructions for use, the consumer must follow those instructions to avoid damage.
prevent and ensure effectiveness.
Additional provisions apply to electronic products. The Bypoint
fall detection system and the Bypoint Tag Smart contain sensors and electronic
components that function based on batteries, network signals, software and
Firmware. The consumer acknowledges that products may require firmware to connect
make use of a telecommunications network, an applicable subscription or the portal of
Bypoint to use all functions. The consumer must provide his personal
to keep data and contacts in the portal up to date, because notification and
detection functions may depend on this. Any costs or damages resulting
Any costs resulting from incorrect or outdated data will be borne by the consumer.
Article 5 – Electronic products, detection systems and conditions of use
When the consumer uses an electronic product from Bypoint, including the
fall detection system or the Bypoint Tag Smart, the consumer acknowledges that these products
using algorithms, sensors and network communication. Bypoint strives for a
most reliable operation of these systems as possible, but cannot guarantee that every
fall or movement is always detected correctly or that location data is always available or
are completely accurate. The fall detection system and detection algorithms remain
aids and are not substitutes for emergency medical equipment, physical
guidance or professional reporting systems. The products are intended to support
of use, but not as the sole safety feature.
The Bypoint Tag Smart uses a fixed internal battery that lasts an average of five years.
This battery cannot be charged and cannot be replaced. After the battery
When the battery is empty, the Tag Smart is considered end-of-life. The consumer understands that the device
then no longer works and a new Tag Smart must be purchased if the
consumer wishes to continue using the service. Opening the housing of the Tag
Smart or other electronic products are not permitted. Opening on your own initiative,
Modifying, forcing or repairing the housing will invalidate the water resistance,
functionality and warranty.
Bypoint electronic products are water resistant according to the stated
classification, usually IP65. This means that the product is resistant to splashing water and
splashing dirt, but not against heavy rain, complete immersion in water or
Structural water damage. The IP65 rating is only valid when the product is
confirmed according to the mounting instructions, including correct closing of the
protective cap of the connection. If a product is used outside the specifications
If the installation instructions are not followed, the waterproofness may be affected.
Article 6 – Theft detection, tracking and contact persons
If the consumer uses a theft detection service via the Bypoint Tag Smart,
Notifications or alerts are only issued when the Tag Smart is technically
is intact, has not been tampered with, has not been opened and has been correctly installed. The Tag Smart
functions within the Netherlands and uses LoRa technology. Location determination is
depending on network coverage and environmental factors. Bypoint can therefore not provide a full
ensure accuracy or continued availability of location data.
For detection, sufficient network data must be provided to
location to be determined within the radius reasonably achievable by an investigative service
is deemed to be insufficient. If there is insufficient data due to sabotage, for example,
battery drain, shielding or lack of network coverage, detection cannot
take place. Bypoint is not liable for the failure or non-success of
detection in such situations.
When using theft detection, the consumer must have valid bicycle insurance.
If a bicycle or product is recovered through a tracing service, the
consumer to collect the vehicle from the designated depot. If the consumer chooses
for home delivery, this can be done against payment within the period specified by Bypoint or
the investigative service is determined.
Article 7 – False notifications and incorrect data
An electronic notification, fall notification or theft notification can be sent in exceptional cases
occur while no actual fall or theft has been detected. The consumer
recognizes that this is inherent in the use of sensor-based detection systems. Costs
which arise from incorrect use of products, incorrect or outdated data in the
portal or the deliberate sending of misleading notifications, are the responsibility of the
consumer. If false reports lead to costs for Bypoint, an investigative service or
third parties, these can be passed on to the consumer.
It is the consumer's responsibility to provide information such as name, address,
to keep contact details and insurance information accurate and up to date. Failure to do so
can lead to notifications not being received, detection not being successful or services not being able to be provided
are carried out. Any damage resulting from this is not covered by the
liability of Bypoint.
Article 8 – Conclusion of the agreement
The agreement between Bypoint and the consumer is concluded as soon as the consumer
places an order via the webshop, confirms an agreement via a digital order form, or
when an order is confirmed by Bypoint in writing or electronically. If the
order relates to an electronic product or a subscription, the
agreement is deemed to have been entered into as soon as registration in the portal has taken place
occurred or once the product has been activated.
Article 9 – Delivery, risk and ownership
Bypoint delivers products to the delivery address specified by the consumer.
Delivery times are indicative and not final. If delivery is delayed, the
consumer informed about this. Ownership of a product is only transferred to the
consumer once full payment has been received. The risk of loss or damage
passes to the consumer at the moment the product is handed over personally or at
the address specified by the consumer has been delivered. If a product has been delivered electronically
is provided, such as a digital account, a subscription or the use of the portal,
the service is considered to have been provided once the consumer has access to the system.
Article 10 – Prices and payment
All prices are clearly stated including VAT. The consumer can choose from the
payment methods available at the time of order. In the event of
a subscription, payment must be made periodically, in accordance with the terms and conditions
Bypoint specified terms. In the event of failure to pay on time, Bypoint is entitled to
to block delivery or digital access until payment has been made. If a
If the direct debit is reversed or fails, Bypoint may charge administration costs.
charge. Any damage that occurs because payments are not made
carried out, remains the responsibility of the consumer.
Article 11 – Right of withdrawal for consumers
The consumer has a statutory reflection period of fourteen days after the product has been purchased.
received. Within this period the consumer may view and assess the product,
to the extent necessary to determine the functioning and properties as one would expect in a
store may do. When a product is used further than reasonably
necessary for assessment, or when a product is damaged by careless handling
use, any depreciation can be passed on to the consumer. When the
If the consumer exercises the right of withdrawal, the product must be in its original packaging.
to be returned, including supplied accessories and packaging to the extent
reasonably possible. Returns must be made within fourteen days after the
consumer has informed Bypoint about his decision to withdraw. Bypoint pays
the purchase amount back within fourteen days after correct receipt of the
return. Tickets, service periods or subscription fees that have already been used or have been
activated, will not be reimbursed.
For electronic products such as the Bypoint fall detection system and the Bypoint Tag Smart
cancellation is only possible as long as the product has not yet been activated, linked
to the portal, used or registered. When these products have been opened or
activated, the consumer loses the right of withdrawal because these products are not
cannot be redeployed for another user.
Article 12 – Warranty
Bypoint guarantees that the delivered products meet legal expectations
of soundness and usability. This warranty applies to physical products such as
helmets, mirrors and locks and for electronic products such as the fall detection system and
the Tag Smart. If a product shows a defect within the warranty period that cannot be
is caused by improper use, the consumer will receive a repair or replacement
copy. The consumer must report a defect within a reasonable period. Damage
or defects caused by falls, misuse, opening the
enclosure, water ingress beyond IP rating, sabotage or firmware modification
or software, are not covered by the warranty.
The Bypoint Tag Smart works with a fixed internal battery with a
average lifespan of approximately five years. The battery cannot be replaced or
charged. When the battery is empty, the Tag Smart is considered end-of-life and
the consumer must purchase a new Tag Smart if he uses the service
wants to keep making. The stated lifespan is a reasonable expectation, but not
warranty for a fixed period because battery performance depends on temperature,
network signals and operating conditions.
Article 13 – Theft detection, tracking and insurance
When the consumer uses theft detection, the consumer understands that the
operation depends on the technical condition of the product, the presence of
network coverage and registration in the portal. Theft detection only works within
Netherlands. Investigation is carried out by a recognized investigative service. Investigation is
only possible when the Tag Smart is intact, not sabotaged, not opened, working and
is correctly registered. If insufficient network data is available or the Tag
If the smart device is shielded or exhausted, detection may be impossible. Any damage or
Any loss arising from this is not the responsibility of Bypoint. If a
recovered bicycle must be delivered to home, this can be done within the time specified by the
deadline set by the investigative partner.
Article 14 – False notifications and incorrect data
The consumer acknowledges that electronic detection systems may, in exceptional circumstances,
can generate a report without theft or a fall. Costs that
arising from misuse of products, misuse of the system, or
Incorrect data in the portal will be charged to the consumer. If incorrect data is entered
notifications lead to costs for Bypoint, an investigative service or other involved party
parties, those costs can be passed on to the consumer. It is the
consumer responsibility to provide contact details, insurance information and
other required registered data to be kept up to date. Damage that occurs because
If information is incorrect or outdated, Bypoint is not liable.
Article 15 – Liability
Bypoint is not liable for damage caused by misuse, negligence,
sabotage, opening the casing of electronic products or failure to comply
of the operating instructions. Any damage resulting from a battery failure,
Network outages or lack of accurate location data are beyond the scope of
Bypoint's liability. Heavy rainfall, immersion in water, incorrect installation,
Collisions or falls may cause damage to electronic products outside
the warranty. The fall detection system and the Tag Smart remain aids and forms
not a replacement for emergency medical equipment or professional systems. Bypoint is not
liable if a report does not arrive or if contact persons are not
respond. If Bypoint is found to be liable, liability is limited.
up to the value of the product or the subscription amount over the last twelve months.
This limitation does not apply in the event of intent or gross negligence on the part of Bypoint. Bypoint
is not liable for any shortcomings in the services provided by third parties, including
providers of telecommunications networks, data services, internet services, SMS services,
hosting providers or other third parties that are necessary for the operation of the product or the
service is necessary.
Article 16 – Duration and termination of services
If the consumer uses a subscription, the subscription applies
can be automatically extended for the agreed term. The consumer can
cancel subscription at the end of each billing period, unless otherwise agreed
minimum contract duration has been agreed. Upon termination of a subscription, the
access to services that come with that subscription, including the portal, reporting functions or
Tracking. Services already used or performed will not be refunded.
Article 17 – Complaints procedure
Consumers can submit complaints via the contact details on Bypoint's website.
Complaints will be answered within a reasonable period of time. If a complaint is not answered within that period,
term can be resolved, the consumer will receive a message with the expected duration
of treatment. If a complaint cannot be resolved by mutual agreement, the
consumer can turn to a dispute resolution body or court.
Article 18 – Applicable law
Dutch law applies to agreements with consumers. Any
disputes will be submitted to the competent Dutch court. The Vienna
Sales Convention, also known as the Convention on Contracts for the International Sale of Goods (CISG), is
not applicable to agreements with Bypoint/FieConn BV





