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Terms and Conditions Silent-Seeds
Article 1 - Definitions
The present conditions apply:
1. Supplementary Agreement: an agreement whereby consumer goods, digital content and/or services acquired under a distance contract and such goods, digital content and/or services are provided by the Professional or by a third party on the basis of an arrangement between that third party and the Professional;
2. Grace period: The period during which the consumer may exercise his right of withdrawal ;
3. Consumer: the natural person who acts for purposes which fall within the scope of his commercial, industrial, craft or liberal activity;
4. Day: calendar;
5. Digital content: data produced and supplied in digital form;
6. Term Agreement: an agreement that extends to the regular delivery of goods, services and/or digital content for a certain period of time;
7. Durable medium: any device - also including electronic mail - which enables the consumer or business to obtain information addressed personally to them, to store it in such a way that it can be consulted or used subsequently for a period of time appropriate to the target for which it is intended, and which allows the unaltered reproduction of the stored information;
8. Right of withdrawal: the possibility for the consumer to have within the contractual waiting period ;
9. Contractor: physical or legal products, offer (access to) digital content and/or services to consumers;
10. Distance contract: an agreement between the contractor and the consumer is concluded under an organized system of distance selling of products, digital content and / or services, up to and including the conclusion of the agreement exclusively or partially used one or more techniques of distance communication ;
11. Model withdrawal form: the European model form in Appendix I of these withdrawal conditions;
12. Distance communication technology: means which can be used to conclude a contract without the consumer and the professional having to meet simultaneously in the same place.
Article 2 - The identity of the contractor
- Synex Group BV,
- Blaak 520, 3011 TA, Rotterdam (Netherlands)
- Telephone: (+31) 614 728 295
- E-mail: [email protected]
- Website: www.silent-seeds.com
- Trade register number: 82859183
- VAT identification number: NL 862631798B01
- Officially distributed by : HEYOKA
- 40 Avenue de Saint-Antoine, 13015 Marseille (FRANCE)
- Phone number: (+33) 491 77 73 53
- E-mail: [email protected]
- Trade register number: n°832 148 076
- VAT identification number: FR 54832148076
Article 3 - Applicability
1. These general terms and conditions apply to all offers made by the contractor and to all agreements concluded at a distance between professionals and consumers.
2. Prior to the conclusion of a distance contract, the text of these general terms and conditions must be made available to the consumer. If this is not reasonably possible, the trader shall indicate, before the conclusion of the distance contract, how the general terms and conditions can be consulted at the trader's premises and that they will be sent free of charge as soon as possible at the consumer's request.
3. If the distance contract is concluded by electronic means, notwithstanding the preceding paragraph and prior to the conclusion of the distance contract, the text of these general terms and conditions shall be made available to the consumer by electronic means, in such a way that the consumer can easily dispose of it on a durable medium allowing its storage. If this is not reasonably possible, before the conclusion of the distance contract, the company will indicate where the general terms and conditions can be consulted electronically and that they will be sent free of charge at the consumer's request by electronic or other means.
4. Where, in addition to these general terms and conditions, specific terms and conditions for products or services apply, the second and third paragraphs shall apply and the consumer, in the event of a conflict of terms, shall always rely on the applicable provision which is more favourable to him.
Article 4 - The offer
1. If an offer has a limited duration or is subject to conditions, this will be explicitly indicated in the offer.
2. The offer includes a complete and accurate description of the products, digital content and/or services offered. The description is sufficiently detailed to enable the consumer to properly evaluate the offer. If the contractor uses photos, these are authentic images of the products, services and/or digital content. Obvious errors or mistakes in the offer are the responsibility of the contractor.
3. Each offer contains information which clearly indicates to the consumer the rights and obligations associated with acceptance of the offer.
Article 5 - The contract
1. The contract is subject to the provisions of paragraph 4 and is concluded when the consumer accepts the offer and fulfils the corresponding conditions.
2. If the consumer has accepted the offer electronically, the operator shall immediately acknowledge receipt of the electronic acceptance of the offer. As long as receipt of this acceptance has not been confirmed by the operator, the consumer may cancel the contract.
3. If the contract is created electronically, the trader will take appropriate technical and organizational measures to protect the electronic transfer of data and will provide a secure web environment. If the consumer can pay electronically, the trader will take appropriate security measures.
4. The entrepreneur may - within the framework of the law - inform the consumer of his ability to fulfil his payment obligations, as well as of all facts and factors important for the proper conclusion of the distance contract. If, in the course of this investigation, the entrepreneur is justified in not concluding the contract, he is entitled to refuse or to bind its execution to particular conditions, concerning an order or a request.
5. The contractor shall, upon delivery of the product, service or digital content to the consumer, provide the following information in writing or in such a way that it can be stored in an accessible manner by the consumer on a durable medium to be sent:
6. The address of the company's place of business where the consumer can lodge complaints;
7. The conditions and manner in which the consumer may exercise his right of withdrawal, or a clear statement concerning the exclusion of the right of withdrawal;
8. Information on guarantees and after-sales service;
9. The tax-inclusive price of the product, service or digital content; where applicable, delivery charges; and the method of payment, delivery or performance of the contract;
10. The conditions for terminating the contract if it is for more than one year or is indefinite;
11. Whether the consumer has a right of withdrawal and the model withdrawal form.
12. In the case of an extended transaction, the provision of the previous paragraph applies only to the first delivery.
Article 6 - Right of withdrawal
For products :
1. The consumer may contract for the purchase of a product during a 14-day cooling-off period or cancel without giving reasons. The operator may ask the consumer about the reason for revocation, but does not undertake to state the reason(s).
2. The cooling-off period referred to in paragraph 1 begins on the day following receipt of the product by the consumer or by a third party other than the operator, designated in advance by the consumer, or :
3. If the consumer has ordered several products in the same order: the day on which the consumer or a third party designated by the consumer has received the final product. The operator may, provided that he has clearly informed the consumer in advance during the ordering process, refuse an order for several products with different delivery times.
4. If the supply of a product consists of several batches or parts, the day on which the consumer, or a third party designated by him, has received the last shipment of the final part;
4.1.the contract relates to the regular delivery of goods over a certain period of time, the day on which the consumer or a third party designated by him received the first product.
In the case of services and digital content that are not provided on a tangible medium:
1. The consumer has a service contract and a contract for the supply of digital content that is not provided on a tangible medium dissolved for at least 14 days without giving a reason. The operator may ask the consumer about the reason for revocation, but does not undertake to state the reason(s).
2. The period of grace referred to in paragraph 3 begins on the day following the conclusion of the agreement.
Extension of the cooling-off period for digital products, services and content that are not provided on a tangible medium by not informing of the right of withdrawal :
1. If the professional, the consumer has not provided the information required by law on the right of withdrawal and the model withdrawal form, the withdrawal period expires twelve months after the end of the original, in accordance with the preceding paragraphs of this article which attest to this.
2. If the trader has provided the consumer with the information referred to in the previous paragraph within twelve months of the date on which the initial grace period came into force, the grace period expires 14 days after the day on which the consumer receives this information.
Article 7 - Consumer obligations during the cooling-off period
1. During this period, the consumer shall treat the product and its packaging with care. He will unpack or use the product only to the extent necessary to establish the nature, characteristics and operation of the product. The basic principle is that the consumer should only handle and inspect the product as he would be allowed to do in a store.
2. The consumer is only liable for any reduction in the value of the product resulting from a manner of handling the product which goes beyond what is permitted under paragraph 1.
3. The consumer is not liable for depreciation of the product, and the contractor shall provide the consumer with all legally required information on the right of withdrawal before or at the conclusion of the contract.
Article 8 - Exercise of the right of withdrawal by the consumer and its cost
1. If the consumer exercises his right of withdrawal, he shall notify the contractor within the cooling-off period using the model withdrawal form or in any other unequivocal manner.
2. As soon as possible, but within 14 days of the day following the notification referred to in paragraph 1, the consumer shall return the product or hand it over to (a representative of) the contractor. This does not apply if the trader has offered to collect the product himself. In any event, the consumer shall take account of the return period in order to return the product before the expiry of this period.
3. The consumer shall return the product with all accessories, if reasonably possible in the original condition and packaging, and in accordance with reasonable and clear instructions provided by the contractor.
4. The risk and burden of proof of the correct and timely exercise of the right of withdrawal shall rest with the consumer.
5. The consumer must bear the direct cost of returning the product. If the trader has not informed the consumer that he must bear these costs, or if the trader indicates that he must bear these costs himself, the consumer does not have to bear the cost of returning the product.
6. If the consumer cancels after having first expressly requested that the provision of the service or the supply of gas, water or electricity, they are not offered for sale in a limited volume or a certain amount to start during the withdrawal period, the consumer is the contractor amount due in proportion to the part of the commitment that is fulfilled by the contractor at the time of withdrawal, compared to the full performance of the obligation.
7. The consumer bears no cost for the performance of services or the supply of water, gas or electricity, they are not offered for sale in a limited volume or quantity, or the supply of district heating, provided that :
8. The company to the consumer, the information required by law on the right of withdrawal, the costs have not been provided in case of withdrawal and the model withdrawal form or ;
9. The consumer has not explicitly begun the performance of the service or supply of gas, water, electricity or district heating requested during the reflection.
9.1. The consumer shall bear no cost for the total or partial delivery of digital content not provided on a tangible medium when:
9.2 He has not explicitly accepted, prior to delivery, the start of performance of the contract before the end of the cooling-off period;
9.3 He has not acknowledged that he has lost his right of withdrawal by giving his consent; or
9.4 The trader has not confirmed the consumer's declaration.
9.5 If the consumer exercises his right of withdrawal, any ancillary contracts are automatically dissolved.
Article 9 - Obligations of the professional in the event of withdrawal
1. If notification of withdrawal by the consumer is possible by electronic means, the trader shall send the message immediately upon receipt of an acknowledgement of receipt.
2. The trader shall reimburse all payments made by the consumer, including the delivery costs to be charged by the operator for the returned product, immediately but within 14 days of the day on which the consumer notifies the trader of the withdrawal. Unless the contractor offers to collect the product, he may wait to return the product he has received or demonstrate to the consumer that he has returned the product, whichever is the earlier.
3. The contractor will use the same method of payment to refund the consumer, unless the consumer accepts a different method. The refund is free of charge for the consumer.
4. If the consumer has chosen a more expensive method of delivery than the cheapest standard delivery, the trader is not obliged to reimburse the additional costs associated with the more expensive method.
Article 10 - Exclusion of the right of withdrawal
The operator may exclude the following products and services from the right of withdrawal, but only if the contractor has clearly indicated this in the offer and in time for the conclusion of the contract:
1. Products or services whose price depends on fluctuations in the financial market over which the contractor has no influence and which may occur during the withdrawal period;
2. Contracts concluded at a public auction. In the context of a public auction means a method of sale where the goods, digital content and / or services offered by the professional to the consumer who attends or has the opportunity to be personally present at the auction, conducted by an auctioneer and where the successful bidder is obliged products, take the digital content and / or services ;
3. Service contracts after full implementation of the service, but only if:
4. Performance has begun with the consumer's prior explicit consent; and
5. The consumer has declared that he will lose his right of withdrawal when the contract has been fully performed by the trader;
5.1 Package tours referred to in article 7: 500 BW and passenger transport agreements;
5.2 Service contracts relating to the provision of accommodation, insofar as the agreement provides for a specific date or period of performance and does not involve accommodation, transport of goods, car rental services and catering;
5.3 Agreements related to leisure activities, as a specific date or period includes the implementation of the agreement;
5.4 Products manufactured to the consumer's specifications, which are not prefabricated and manufactured on the basis of an individual consumer's choice or decision, or which are clearly intended for a specific person;
5.5 Products that spoil quickly or have a limited shelf life;
5. 6 Sealed products that are unsuitable for return after delivery for health or hygiene reasons and whose seal has been broken;
5.7 Products which, due to their nature, are inseparably mixed with other products after delivery;
5.8 Alcoholic beverages, the price of which is agreed on conclusion of the contract, the delivery of which can only take place after 30 days and the actual value of which depends on fluctuations in the market over which the contractor has control;
5.9 Sealed audio and video recordings and computer software whose seal has been broken after delivery;
5.10 Newspapers, periodicals or magazines, with the exception of subscriptions thereto;
5.11 The supply of digital content other than on a tangible medium, but only if :
5.12 Performance has begun with the prior express consent of the consumer; and
5.13 The consumer has declared that he thereby loses his right of withdrawal.
Article 11 - Price
1. During the period mentioned, the prices of the products and/or services have not increased in the offer, with the exception of price modifications due to changes in VAT rates.
2. Notwithstanding the previous paragraph, the company offers products or services whose prices are subject to fluctuations in the financial market and over which the contractor has no control, at variable prices. These fluctuations, and the fact that any price target, are at the offer.
3. Price increases within 3 months of the conclusion of the contract are only permitted if they result from legislation or regulation.
4. Price increases from 3 months after conclusion of the contract are only permitted if the trader has given his consent and :
a. they are the result of legislation or regulation; or
b. the consumer has the right to cancel the contract from the date on which the increase takes effect.
Prices for the supply of products or services include VAT.
Article 12 - Conformity agreement and extended warranty
1. The operator warrants that the products and/or services meet the contract specifications set forth in the offer, the reasonable requirements of reliability and/or usability and at the date of conclusion of the agreement existing legal provisions and/or government regulations. If agreed, the contractor also ensures that the product is suitable for other than normal use.
2. By the trader, his supplier, the manufacturer or importer limited extended warranty never the legal rights and claims that consumers may make under the contract against the trader apply if the employer has not fulfilled his part of the agreement.
3. Additional warranty means any undertaking by the trader, his supplier, the importer or the producer, by which he assigns to the consumer certain rights or claims beyond which he is legally bound, in the event that he has not fulfilled his part of the agreement.
Article 13 - Delivery and performance
1. The Professional shall take the utmost care in receiving and fulfilling orders for products and evaluating requests for services.
2. The place of delivery is the address made known to the Professional by the consumer.
3. Subject to what is stated in article 4 of these terms and conditions, the trader will accept orders promptly, but at the latest within 30 days, unless a different delivery period is agreed. If delivery is delayed or if an order is not, or only partially, fulfilled, the consumer will receive them within 30 days of placing the order. In this case, the consumer has the right to withdraw from the contract without penalty and is entitled to any compensation.
4. After dissolution in accordance with the preceding paragraph, the operator must immediately refund the amount paid by the consumer.
5. The risk of damage and/or loss of products rests with the trader until the time of delivery to the consumer, or a pre-appointed representative, and the advertised contractor, unless expressly agreed otherwise.
Article 14 - Extended-term transactions: duration, termination and renewal
Termination :
1. The consumer may contract for an indefinite period, which extends to the regular delivery of products (including electricity) or services, at any time by terminating the applicable cancellation rules and giving a maximum of one month's notice.
2. The consumer may contract for a fixed term, which extends to the regular delivery of products (including electricity) or services, at any time at the end of the fixed term, subject to agreed termination rules and one month's notice.
3. Consumers can benefit from the agreements mentioned in the previous paragraphs:
- Terminate at any time and not be restricted to termination at a specific time or within a specific period;
- At least terminate in the same manner as they were entered into;
- Terminate with the same notice period as the company has negotiated for itself.
Extension :
1. A contract concluded for a fixed period, which extends to the regular delivery of products (including electricity) or services cannot be automatically extended or renewed for a fixed period.
2. Notwithstanding the previous paragraph, an agreement is concluded for a defined period, which extends to the regular delivery of daily or weekly newspapers and magazines be tacitly renewed for a fixed period of up to three months if the consumer against this agreement extended the end of the extension may terminate with notice not exceeding one month.
3. A contract concluded for a fixed term, which extends to the regular delivery of products or services, may only be extended for an indefinite term if the consumer may terminate at any time with a notice period not exceeding one month. The notice period is longer than three months if the agreement extends to the regular delivery, but less than once a month, of daily, news and weekly newspapers and magazines.
4. An agreement with a limited duration of regular delivery of trial days, news and weekly newspapers and magazines (trial or introductory subscription) will be terminated automatically and not tacitly continued after the trial or introductory period.
Duration :
1. If a contract has a duration of more than one year, the consumer after one year can withdraw at any time, terminating with a maximum notice of one month, unless the reasonableness and fairness against termination before the end of the object is agreed in the duration.
Article 15 - Payment
1. Unless otherwise stipulated in the contract or supplementary conditions, amounts due by the consumer must be paid within 14 days of the start of the cooling-off period or, in the absence of a cooling-off period, within 14 days of the conclusion of the agreement. In the case of an agreement for the provision of a service, this period begins on the day following receipt by the consumer of confirmation of the agreement.
2. When selling products to consumers, the latter may never, under general conditions, be obliged to make an advance payment of more than 50% of the value of the total amount of their invoice. If payment is agreed, the consumer may not assert any rights concerning the execution of the order or service(s) before the advance payment has been made.
3. The consumer has the duty to inaccuracies in the data provided or payment specified immediately to the operator.
4. If the consumer is unable to meet his payment obligation(s) above, and this after the contractor has identified the delay in payment and the contractor consumer has given a period of 14 days within which to comply with its payment obligations, after failure to pay within the period of 14 days, on the unpaid amount statutory interest and the contractor is entitled to charge extrajudicial collection costs incurred and charged by him. These collection costs exceed 15% of unpaid amounts up to €2,500, =; 10% for the next €2,500, = and 5% on the next €5,000, = with a minimum of €40, =. The contractor can benefit from these amounts and percentages from various consumers.
Article 16 - Complaints
1. The contractor has a widely publicized complaints procedure and deals with complaints within the framework of this procedure.
2. Complaints concerning the performance of the contract must be made within a reasonable time after the consumer has observed any defect(s), stating these clearly and in detail to the contractor.
3. When the trader receives a complaint or complaints, he must respond within 14 days from the date of receipt. If a complaint requires a longer foreseeable processing time, it is then necessary to send a response to the consumer within the 14-day period with a notice of receipt, also enclosing more detailed information to the consumer.
4. If the complaint cannot be resolved within a reasonable period of time, or within three months of the complaint being lodged, it is then possible to proceed to a mutual agreement that could result in a dispute that is subject to litigation.
Article 17 - Disputes
On agreements between the contractor and the consumer of these terms, please refer solely and exclusively to Dutch law.
Article 18 - Additional or different provisions
Additional or different provisions of these terms may not be to the detriment of consumers and must be recorded in writing or may be in such a way that the consumer can become acquainted with them in an accessible manner, or they may be stored directly on a durable medium.