Terms and Conditions
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 - Right of Withdrawal
Article 7 - Costs in Case of Withdrawal
Article 8 - Exclusion of Right of Withdrawal
Article 9 - The Price
Article 10 - Conformity and Warranty
Article 11 - Delivery and Execution
Article 12 - Long-Term Transactions: Duration, Termination, and Extension
Article 13 - Payment
Article 14 - Complaints Procedure
Article 15 - Disputes
Article 16 - Additional or Deviating Provisions
Article 1 - Definitions In these conditions, the following terms shall have the following meanings:
- Cooling-off period: the period within which the consumer may exercise his right of withdrawal; Read more about cooling-off period. 2. Consumer: the natural person who does not act in the course of a profession or business and enters into a distance contract with the entrepreneur; 3. Day: calendar day; 4. Long-term transaction: a distance contract relating to a series of products and/or services, the supply and/or purchase obligation of which is spread over time; 5. Durable medium: any means that enables the consumer or entrepreneur to store information addressed to him personally in a way that allows future consultation and unaltered reproduction of the stored information. 6. Right of withdrawal: the consumer's option not to proceed with the distance contract within the cooling-off period; 7. Model withdrawal form: the withdrawal form provided by the entrepreneur which the consumer can use if he wishes to exercise his right of withdrawal. 8. Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance; 9. Distance contract: a contract concluded between the entrepreneur and the consumer as part of an organized system for distance selling of products and/or services, whereby exclusive use is made of one or more means of distance communication up to and including the conclusion of the contract; 10. Means of distance communication: any means that can be used to conclude a contract, without the consumer and entrepreneur being simultaneously present in the same room. 11. General Terms and Conditions: these General Terms and Conditions of the entrepreneur.
Article 2 - Identity of the Entrepreneur
Sylvalor London
Netherlands
Email: Sylvalor@hotmail.com
Chamber of Commerce (KvK) number: 91833698
VAT number: NL004917852B0
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 the consumer. 2. Before the distance contract is concluded, the text of these general terms and conditions shall be made available to the consumer. If this is not reasonably possible, it will be indicated before the distance contract is concluded that the general terms and conditions are available for inspection at the entrepreneur's premises and they will be sent to the consumer free of charge as soon as possible upon request. 3. If the distance contract is concluded electronically, contrary to the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be made available to the consumer by electronic means in such a way that the consumer can easily store them on a durable medium. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be inspected electronically and that they will be sent to the consumer free of charge by electronic means or otherwise upon request. 4. In the event that, in addition to these general terms and conditions, specific product or service conditions also apply, paragraphs 2 and 3 shall apply mutatis mutandis, and in the event of conflicting general terms and conditions, the consumer may always rely on the provision that is most favorable to him. 5. If one or more provisions in these general terms and conditions are wholly or partially null and void or are annulled, the agreement and these terms and conditions shall remain in force for the rest and the relevant provision shall be replaced by a provision that reflects the intent of the original as closely as possible in mutual consultation. 6. Situations not covered by these general terms and conditions shall be assessed 'in the spirit' of these general terms and conditions. 7. Uncertainties about the interpretation or content of one or more provisions of our terms and conditions shall be interpreted 'in the spirit' of these general terms and conditions.
Article 4 - The Offer
- If an offer has a limited period of validity or is made subject to conditions, this shall be expressly stated in the offer. 2. The offer is without obligation. The entrepreneur is entitled to change and adapt the offer. 3. The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the entrepreneur uses images, these are a true representation of the products and/or services offered. Obvious mistakes or errors in the offer are not binding on the entrepreneur. 4. All images, specifications and data in the offer are indicative and cannot give rise to compensation or termination of the agreement. 5. Images of products are a true representation of the products offered. Entrepreneur cannot guarantee that the displayed colors exactly match the actual colors of the products. 6. Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer. This concerns in particular: - the price including taxes; - any costs of delivery; - the way in which the agreement will be concluded and which actions are required for this; - whether or not the right of withdrawal applies; - the method of payment, delivery or performance of the agreement; - the deadline for accepting the offer, or the period within which the entrepreneur guarantees the price; - the level of the tariff for distance communication if the costs of using the means of distance communication are calculated on a basis other than the regular basic tariff for the means of communication used; - whether the agreement will be archived after its conclusion, and if so, how it will be accessible to the consumer; - the manner in which the consumer, before concluding the agreement, can check and, if desired, rectify the information provided by him under the agreement; - any other languages in which the agreement can be concluded, in addition to Dutch; - the codes of conduct to which the entrepreneur is subject and the way in which the consumer can consult these codes of conduct electronically; and - the minimum duration of the distance contract in the event of a long-term transaction. 7. Consumer electronic acceptance of the offer occurs when the consumer clicks the acceptance button.
Article 5 - The Agreement
- The agreement is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and meets the corresponding conditions. 2. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer may rescind the agreement. 3. If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and will ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures. 4. The entrepreneur may, within the law, gather information about the consumer's ability to fulfill his payment obligations, as well as all facts and factors relevant to responsibly concluding the distance contract. If, based on this investigation, the entrepreneur has good grounds for not entering into the agreement, he is entitled to refuse an order or request, giving reasons, or to attach special conditions to the implementation.
Article 6 - Right of Withdrawal
When purchasing products, the consumer has the option to dissolve the agreement without giving any reason for a period of at least 14 days. This cooling-off period starts on the day following receipt of the product by the consumer or a third party designated by the consumer in advance, who is not the carrier, or:
- if the consumer has ordered several products in the same order: the day on which the consumer or a third party designated by him receives the last product. The entrepreneur may, provided he has informed the consumer in a clear manner prior to the ordering process, refuse an order for several products with different delivery times. 2. if the delivery of a product consists of several shipments or parts: the day on which the consumer or a third party designated by him receives the last shipment or the last part; 3. in the case of agreements for regular delivery of products during a certain period: the day on which the consumer or a third party designated by him receives the first product. 4. In the case of services and digital content that is not supplied on a physical carrier: - at the time of entering into the agreement, the consumer has acknowledged that he will lose his right of withdrawal if the entrepreneur has fully complied with the agreement on his part; - the consumer has acknowledged that he will lose his right of withdrawal if he has started the performance of the agreement after the expiration of the cooling-off period; - in the case of digital content delivered not on a physical carrier and services, the consumer has not received any right of withdrawal, as soon as the performance has started with his express prior consent and he has acknowledged that he thereby loses his right of withdrawal.
Article 7 - Costs in Case of Withdrawal
- If the consumer makes use of his right of withdrawal, the costs of returning the goods shall be borne by the consumer. 2. If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than within 14 days after withdrawal. This is subject to the condition that the product has already been received back by the web trader or conclusive proof of complete return can be submitted. Refunds will be made via the same payment method used by the consumer unless expressly agreed otherwise, and provided that the consumer does not incur any costs as a result. 3. If the product is damaged due to careless handling by the consumer, the consumer is liable for any reduction in value of the product.
Article 8 - Exclusion of Right of Withdrawal
- The entrepreneur can exclude the right of withdrawal of the consumer for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur has clearly stated this in the offer, at least in time for the conclusion of the agreement. 2. Exclusion of the right of withdrawal is only possible for products: - that have been created by the entrepreneur in accordance with the consumer's specifications; - that are clearly of a personal nature; - that cannot be returned due to their nature; - that can spoil or age quickly; - the price of which is subject to fluctuations in the financial market over which the entrepreneur has no influence; - for individual newspapers and magazines; - for audio and video recordings and computer software of which the consumer has broken the seal. 3. Exclusion of the right of withdrawal is only possible for services: - concerning accommodation, transport, catering or leisure activities to be performed on a certain date or during a certain period; - the delivery of which has started with the express consent of the consumer before the cooling-off period has expired; - concerning betting and lotteries.
Article 9 - The Price
- During the period of validity stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes due to changes in VAT rates. 2. Contrary to the previous paragraph, the entrepreneur may offer products or services at variable prices, in cases where these prices are subject to fluctuations in the financial market over which the entrepreneur has no influence. This connection to fluctuations and the fact that any prices mentioned are target prices will be stated in the offer. 3. Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions. 4. Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and: - they are the result of statutory regulations or provisions; or - the consumer has the authority to terminate the agreement with effect from the day on which the price increase takes effect. 5. The prices stated in the offer of products or services include VAT.
Article 10 - Conformity and Warranty
- The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability and the statutory provisions existing on the date of the conclusion of the agreement and/or government regulations. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use. 2. A warranty provided by the entrepreneur, manufacturer or importer does not affect the legal rights and claims that the consumer may assert against the entrepreneur under the agreement. 3. Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 4 weeks of delivery. Return of the products must be in the original packaging and in new condition. 4. The warranty period of the entrepreneur matches the factory warranty period. However, the entrepreneur is never responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.
Article 11 - Delivery and Execution
- The entrepreneur will take the greatest possible care when receiving and implementing orders for products and when assessing applications for the provision of services. 2. The place of delivery is the address that the consumer has made known to the company. 3. Subject to what is stated in Article 4 of these general terms and conditions, the company will execute accepted orders with due speed but at least within 30 days unless a longer delivery period has been agreed. If the delivery is delayed, or if an order cannot or only partially be executed, the consumer will be notified of this no later than 30 days after he has placed the order. In that case, the consumer has the right to terminate the agreement without any costs. 4. In the event of termination in accordance with the previous paragraph, the entrepreneur will refund the amount that the consumer has paid as soon as possible but no later than 14 days after termination. 5. If delivery of an ordered product proves impossible, the entrepreneur will endeavor to provide a replacement article. At the latest at the time of delivery, it will be stated in a clear and comprehensible manner that a replacement article will be delivered. For replacement items, the right of withdrawal cannot be excluded. The costs of any return shipment shall be borne by the entrepreneur. 6. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a pre-designated representative made known to the entrepreneur, unless expressly agreed otherwise.
Article 12 - Long-Term Transactions: Duration, Termination, and Extension
Termination
- The consumer can terminate an agreement that has been concluded for an indefinite period of time and that extends to the regular delivery of products (including electricity) or services, at any time, taking into account the agreed termination rules and a notice period of one month. 2. The consumer can terminate a contract that has been concluded for a definite period of time and that extends to the regular delivery of products (including electricity) or services, at any time by the end of the specified period, subject to the agreed termination rules and a notice period of one month. 3. The consumer can cancel the agreements referred to in the preceding paragraphs: - at any time and not be limited to termination at a particular time or during a specific period; - at least in the same way as they were entered into by him; - always with the same notice period as the entrepreneur has stipulated for himself.
Extension
- An agreement entered into for a definite period of time which extends to the regular delivery of products (including electricity) or services may not be tacitly renewed or extended for a definite period. 5. Contrary to the previous paragraph, an agreement entered into for a definite period of time which extends to the regular delivery of dailies, news and weekly newspapers and magazines may be tacitly renewed for a fixed term of a maximum of three months, if the consumer can terminate this extended agreement towards the end of the extension with a notice period of one month. 6. An agreement entered into for a definite period of time and which extends to the regular delivery of products or services may only be tacitly renewed for an indefinite period if the consumer can cancel at any time with a notice period of one month. The notice period is three months at most in the event that the agreement extends to the regular, but less than once a month, delivery of dailies, news and weekly newspapers and magazines.
Duration
- If an agreement has a duration of more than one year, the consumer may cancel the agreement at any time with a notice period of one month, unless reasonableness and fairness oppose termination before the end of the agreed term.
Article 13 - Payment
- Unless otherwise agreed, the amounts owed by the consumer must be paid within 14 days after the start of the cooling-off period referred to in Article 6 paragraph 1. In the event of an agreement to provide a service, this period starts after the consumer has received confirmation of the agreement. 2. When selling products to consumers, the general terms and conditions may never stipulate an advance payment of more than 50%. When an advance payment has been stipulated, the consumer cannot assert any rights regarding the execution of the order or service(s) in question before the stipulated advance payment has been made. 3. The consumer has the duty to report inaccuracies in provided or stated payment details to the entrepreneur without delay. 4. If the consumer does not meet his payment obligation(s) on time, after he has been informed by the entrepreneur of the late payment and the entrepreneur has granted the consumer a period of 14 days to still meet his payment obligations, after the failure to pay within this 14-day period, the statutory interest is due on the amount owed and the entrepreneur is entitled to charge the extrajudicial collection costs incurred by him. These collection costs amount to a maximum of: 15% on outstanding amounts up to €2,500; 10% over the next €2,500 and 5% over the next €5,000 with a minimum of €40. The entrepreneur may deviate from the aforementioned amounts and percentages to the benefit of the consumer.
Article 14 - Complaints Procedure
- The entrepreneur has a well-publicized complaints procedure and handles complaints in accordance with this complaints procedure. 2. Complaints about the implementation of the agreement must be submitted to the entrepreneur within a reasonable time, fully and clearly described, after the consumer has discovered the defects. 3. 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 period of 14 days with a notice of receipt and an indication of when the consumer can expect a more detailed answer. 4. If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute settlement procedure.
Article 15 - Disputes
- Agreements between the entrepreneur and the consumer to which these general terms and conditions relate are exclusively governed by Dutch law. 2. Disputes between the consumer and the entrepreneur about the formation or performance of agreements with regard to products and services to be delivered or delivered by this entrepreneur can be submitted by both the consumer and the entrepreneur to the Disputes Committee. 3. A dispute will only be dealt with by the Disputes Committee if the consumer has first submitted his complaint to the entrepreneur within a reasonable time. 4. If the complaint cannot be resolved by mutual agreement, the dispute becomes subject to dispute settlement.
Article 16 - Additional or Deviating Provisions
Additional or deviating provisions from these general terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable medium.