General Terms and Conditions

Summary:

  1. If you order via the webshop, please allow 4 working days for delivery of your chosen product.

  2. Sylver will provide you with a high-quality product.

  3. If you have not received your order within 14 days of payment being made, you have the option to declare it null and void.


Clause 1 – definitions
In these terms and conditions the following terms shall have the following meanings:

  1. Trader: an individual or legal entity offering products and/or services to consumers at a distance;

  2. Consumer: an individual acting for purposes which are outside that individual's trade, business or profession who enters into a distance contract with the trader.

  3. Distance contract: a contract concluded between a trader and a consumer under an organised distance sales or service-provision scheme without the simultaneous physical presence of the trader and the consumer, with the exclusive use of one or more means of distance communication up to and including the time at which the contract is concluded;

  4. Means of distance communication: means to be used for concluding an agreement, without the simultaneous physical presence of the trader and the consumer;

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

  6. Right of withdrawal: the option for the consumer to cancel the distance contract within the cooling-off period;

  7. Day: calendar day;

  8. Extended transaction: a distance contract relating to a series of products and/or services, for which the delivery and/or obligation to buy is spread over a period of time;

  9. Durable medium: any medium that allows information to be addressed personally to the consumer or trader and enables them to store the information in a way accessible for future reference, and allows the unchanged reproduction of the information stored.


Clause 2 – identity of the trader

  • Silver Lining b.v. (trading as: Sylver)

  • Achteromstraat 4/4A

  • 1381 AV Weesp

  • Telephone number: +31 (0)294 74 00 10

  • Contactable: Monday to Friday from 9.30am to 5pm

  • Email address: klantenservice@sylver.nl

  • Chamber of Commerce number: Amsterdam 11066386

  • VAT number: NL817048315B01


Clause 3 - scope 
These general terms and conditions shall apply to any offer from the trader and to any distance contract concluded between the trader and consumer. Prior to the conclusion of the distance contract, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably practicable, it will be stated before the distance contract is concluded that the general terms and conditions are available from the trader and can be sent to the consumer free of charge, as soon as possible, at the consumer's request. If the distance contract is concluded electronically, then notwithstanding the provisions of 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 electronically, in such a way that these can be stored easily by the consumer on a durable medium. If this is not reasonably practicable, it will be stated before the distance contract is concluded where these general terms and conditions can be accessed electronically and that these will be sent to the consumer free of charge electronically or via an alternative method, free of charge. In the event that specific product or service terms and conditions apply in addition to these general terms and conditions, the second and third paragraphs shall apply by analogy and the consumer can always invoke the applicable provision that is most favourable to him in the event of conflicting general terms and conditions. 

Clause 4 - the offer
If an offer has a limited period of validity or is being advertised with terms attached, this must be expressly mentioned in the offer. The offer shall contain a full and accurate description of the products and/or services on offer. The description shall be sufficiently detailed to allow the consumer to make a good assessment of the offer. If the trader uses images, then these shall be a true and accurate representation of the products and/or services on offer. Obvious mistakes or errors in the offer are not binding for the trader. All offers shall contain the information required by the consumer to understand the rights and obligations attached to acceptance of the offer. These include, in particular:

  • the price including taxes;

  • any delivery costs;

  • how the contract will be concluded and the actions required for this purpose;

  • the application or otherwise of the right of withdrawal;

  • the method of payment, delivery or performance of the contract;

  • the deadline for acceptance of the offer, or the deadline for acceptance of the price;

  • the tariff for distance communication if the costs of using means of distance communication are calculated on a basis other than the basic rate;

  • if the contract is archived after coming into effect, how the consumer can refer to it;

  • how the consumer can find out about actions he or she does not want taken for the purpose of concluding the contract, and how he or she can rectify these before the contract comes into effect;

  • any languages in which the contract may be concluded in addition to Dutch;

  • the codes of conduct to which the trader is subject and how the consumer can consult these codes of conduct electronically;

  • the minimum duration of the distance contract where it entails continuous or periodic delivery of products and services.


Clause 5 - the contract
Subject to the provisions of paragraph 4 the contract will come into effect as soon as the consumer accepts the offer and the terms and conditions imposed on it. If the consumer has accepted the offer electronically, the trader will immediately confirm receipt of acceptance of the offer electronically. Until the acceptance has been confirmed, the consumer is able to dissolve the contract. If the contract is concluded electronically, the consumer will take appropriate technical and organisational measures to secure the electronic transfer of data and will ensure a safe web environment. If the consumer is able to pay electronically, the trader will observe appropriate security measures in that regard. The trader can – within legal frameworks – find out whether the consumer is able to meet his or her payment obligations, and can also find out any facts and factors that have a bearing on the responsible conclusion of the distance contract. If, based on this investigation, the trader has grounds not to enter into the contract, it is entitled to refuse an order or application, giving reasons, or to attach special conditions to its performance. The trader shall send the consumer the following information with the product or service, in writing, or in such a way that this can be stored by the consumer in an accessible manner on a durable medium:

  • the visiting address of the trader's premises, where the consumer can address complaints;

  • the terms and conditions under which and the way in which the consumer can make use of the right of withdrawal, or a clear notification regarding the fact that the right of withdrawal is excluded;

  • the information on the service available following purchase and warranties;

  • the information contained in Clause 4.3 of these terms and conditions, unless the trader has given the consumer this information prior to the performance of the contract;

  • the requirements for cancelling the contract if the contract has a term of more than one year, or is open-ended.

  • If the trader has undertaken to deliver a series of products or services, the provision of the previous paragraph shall only apply to the first delivery.


Clause 6a - right of withdrawal on delivery of products 
When purchasing products the consumer has the option to dissolve the contract within fourteen days without giving reasons. This deadline starts on the day after receipt of the product by or on behalf of the consumer. During this period the consumer will treat the product and packaging with care. He or she shall only unpack the product or use it to the extent necessary to be able to determine whether he or she wishes to keep the product. If he or she wishes to take advantage of the right of withdrawal, he or she shall return the product with all the accessories supplied and – if reasonably practicable – in the original condition and packaging to the trader, in accordance with the reasonable, clear instructions provided by the trader. 

Clause 6b - right of withdrawal on delivery of services
If services are being delivered the consumer has the option to dissolve the contract within fourteen days without giving reasons, with effect from the date the contract is entered into. To take advantage of the right of withdrawal, the consumer shall follow the reasonable and clear instructions on the matter, provided by the trader with the offer and/or at the latest on delivery. 

Clause 7 - costs in the event of withdrawal 
If the consumer takes advantage of the right of withdrawal, he or she will be responsible for, at most, the costs of return postage. If the consumer has paid any money, the trader will refund this amount as soon as possible, within 30 days of the return or withdrawal. 

Clause 8 - exclusion of right of withdrawal
If the consumer does not have a right of withdrawal, the trader can only exclude this if the trader has clearly mentioned this in the offer, or at least has mentioned it in good time before the contract is entered into. Exclusion of the right of withdrawal is only possible for products:

  • that the trader has manufactured to the consumer's specifications;

  • that are clearly of a personal nature;

  • that cannot be returned due to their very nature;

  • that may perish or age quickly;

  • the price of which is linked to fluctuations on the financial market over which the trader has no influence;

  • for single issues of newspapers and magazines;

  • for audio and video recordings and computer software, where the consumer has broken the seal.

Exclusion of the right of withdrawal is only possible for services:

  • relating to accommodation, transport, restaurants or leisure activities to be carried out on a given date or during a given period;

  • the delivery of which commenced, with the express consent of the consumer, before the cooling-off period expired;

  • for competitions and lotteries.


Clause 9 - the price
During the period of validity mentioned in the offer, the prices for the products and/or services on offer will not be increased, except for price adjustments resulting from a change in the rates of VAT. Notwithstanding the provisions of the previous paragraph, the trader can offer products and services for which the prices are linked to fluctuations in the financial market and over which the trader has no influence, at variable prices. This link to fluctuations and the fact that any prices mentioned are guide prices will be mentioned in the offer. Price increases within three (3) months of the contract coming into effect shall only be permitted if they are the result of statutory regulations or provisions. Price increases within three (3) months of the contract coming into effect shall only be permitted if the trader has stipulated this and:

  • these are the result of statutory regulations or provisions;

  • or the consumer has the authority to cancel the contract on the day on which the price increase takes effect;

  • the prices of products and services in the offer are inclusive of VAT.


Clause 10 - compliance and warranty 
The trader vouches that the products and/or services comply with the contract terms, the specifications mentioned in the offer, the reasonable requirements of reliability and/or usability and the statutory regulations and/or government provisions in place on the effective date of the contract. An arrangement offered by the trader, manufacturer or importer as a warranty does not affect the rights and claims that the consumer, in the event of a failure on the part of the trader to comply with its obligations, can bring to bear against the trader under the terms of the law and/or the distance contract.  

Clause 11 - delivery and performance 
The trader shall observe the greatest possible care when taking receipt of and carrying out orders for products and when assessing applications for the supply of services. The place of delivery shall be the address that the consumer communicates to the company. With due regard for the relevant provisions in Clause 4 of these General Terms and Conditions, the company shall endeavour to carry out accepted orders within 5 working days of acceptance unless a longer delivery term has been agreed. If the delivery experiences any delay, or if an order cannot be carried out, or cannot be carried out in full, the consumer will receive due notification within no more than one month of placing the order. In that case the consumer has the right to dissolve the contract without liability for costs or right to any compensation. In the event of dissolution in accordance with the previous paragraph, the trader will refund the amount that the consumer has paid as soon as possible, but in any event within 30 days of dissolution. If delivery of an ordered product proves impossible, the trader shall endeavour to provide an alternative item. The trader shall notify the consumer no later than the delivery date, in a clear and understandable manner, that an alternative item is being delivered. With alternative items the right of withdrawal cannot be excluded. The costs of return postage shall be borne by the trader. The risk of damage and/or loss of products remains with the trader until the point of delivery to the consumer, unless expressly agreed otherwise. 

Clause 12 - extended transaction 
The consumer may at any time cancel an open-ended contract that has been entered into, with due regard for the terms of notice agreed for that purpose and a notice period of no more than one month. A fixed-term contract that has been entered into shall have a maximum term of two years. If it is agreed that the distance contract will be renewed by tacit approval on the part of the consumer, the contract will be continued as an open-ended contract and the notice period after continuation of the contract shall be a maximum of one month. 

Clause 13 - payment 
Insofar as a later date has not been agreed, the amounts payable by the consumer must be settled within fourteen days of delivery of the merchandise or, in the event of a contract to provide a service, within 14 days of issue of the documents pertaining to this contract. On the sale of products to the consumer advance payment of more than 50% may never be stipulated in general terms and conditions. If advance payment is stipulated, the consumer cannot invoke any right regarding the completion of the order or service(s) in question, until the stipulated advance payment has been made. The consumer has the duty to notify the trader immediately of any inaccuracies in the payment details provided or quoted. In the event of payment default on the part of the consumer, the trader has the right, subject to statutory restrictions, to charge the consumer reasonable costs, provided the consumer has been notified in advance. 

Clause 14 - complaints procedure 
The trader has a sufficiently advertised complaints procedure and it will handle any complaint in accordance with this complaints procedure. Complaints relating to the performance of the contract must be lodged with the trader in due time, in full and with a clear description, after the consumer has discovered the faults. Complaints lodged with the trader will receive a response within 14 days of receipt. If a complaint looks like it will require longer to process, the trader will respond within 14 days with a notice of receipt and an indication of when the consumer can expect a more detailed response. 

Clause 15 - supplementary or differing provisions 
Provisions that are supplementary to or differ from these General Terms and Conditions may not prejudice the consumer and must be set out in writing or in such a way that these can be stored by the consumer in an accessible manner on a durable medium.