General terms of sale
Silent-Seeds Terms and Conditions
Article 1 - Definitions
These conditions apply:
1. Additional agreement : a deal whereby consumer products, digital content and / or services acquired as part of a distance and property contract, digital content and / or services are provided by the professional or by a third party on the basis of an arrangement between this third 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 the purposes that fall within the framework of his commercial, industrial, artisanal or liberal activity;
4. Day: Calendar ;
5. Digital content : the data that is produced and supplied in digital form;
6. Duration : an agreement that extends to the regular delivery of goods, services and / or digital content for a certain period;
7. Sustainable support : Any device - including also the email - which allows the consumer or company to obtain information that is sent to him personally, to store them so that they can be consulted or later used for a period adapted to the target for which they are intended, and which allows reproduction without modification of the stored information;
8. Right to retract : the possibility for the consumer to see in the waiting period of the contract;
9. Contractor : physical or legal products, offer (access to) digital content and / or services to consumers;
10. Remote contract : An agreement between the contractor and the consumer is concluded as part of an organized system of remote sales of products, digital content and / or services, up and including the conclusion of the agreement exclusively or partially used one or more remote communication techniques;
11. Retraction form template : the European type form set out in Annex I of these conditions of withdrawal;
12. Remote communication technology : means that can be used to conclude a contract without the consumer and the professional have to meet simultaneously in the same space.
Article 2 - The identity of the contractor
SYNEX GROUP BV,
Blaak 320, 3011 Ta, Rotterdam (Netherlands)
Telephone: (+31) 614 728 295
E-mail : firstname.lastname@example.org
Trade Register: N ° 82859183
TVA identification number: NL 862631798B01
Article 3 - Applicability
1. These Terms and Conditions apply to any offering of the Contractor and any agreement concluded between professionals and consumers.
2. Before the conclusion of a distance contract, the text of these General Conditions must be made available to the consumer. If this is not reasonably possible, the professional indicates, before the conclusion of the distance contract, how the general conditions can be consulted on the premises of the professional and that they are sent free of charge as soon as possible at the request of the consumer.
3. If the distance contract is concluded electronically, notwithstanding the preceding paragraph and before the conclusion of the distance contract, the text of these Terms and Conditions shall be made available to the consumer electronically, so that the consumer can dispose of it, in a simple way, on a durable support allowing its storage. If this is not reasonably possible, before the conclusion of the distance contract, the company will indicate where to read the general conditions by electronic means and that they will be sent freely at the request of the consumer electronically or otherwise.
4. In the case where, in addition to these general conditions, specific conditions of products or services apply, the second and third paragraph shall apply and the consumer, in the event of conflict of terms, always relies on the applicable provision that is most favorable to it.
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 precise description of the products, digital content and / or services offered. The description is sufficiently detailed to allow the consumer to properly assess the offer. If the contractor uses photos, they are genuine images of digital products, services and / or content. Earrors or obvious mistakes in the offer engage the contractor.
3. Each offer contains information that clearly indicate to the consumer the rights and obligations related to the acceptance of the offer.
Article 5 - The contract
1. The contract shall be subject to the provisions of paragraph 4, concluded at the time the consumer accepts the offer and fulfills the corresponding conditions.
2. If the consumer has accepted the offer electronically, the operator immediately receives receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the operator, the consumer may terminate the contract.
3. If the contract is created electronically, the professional will take appropriate technical and organizational measures to protect the electronic transfer of data and will ensure a secure web environment. If the consumer can pay electronically, the professional will take appropriate security measures.
4. The Contractor may - as part of the Act - inform the consumer of his ability to fulfill his payment obligations, as well as all the facts and important factors for a good conclusion of the remote contract. If the Contractor, in the context of this investigation, was based not to conclude the contract, it is entitled to refuse or link its execution on special conditions concerning a command or a request.
5. The Contractor shall, during the delivery of the product, the service or digital content to the consumer, provide the following information in writing or so that they can be stored in a consumer accessible manner on a sustainable support to send :
6. The address of the establishment of the company where the consumer may file claims;
7. The conditions and how the consumer may exercise his right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
8. Information on safeguards and after-sales service;
9. The price all taxes included from the product, service or digital content; to the extent that they are applicable, the delivery charges; and the method of payment, delivery or execution of the contract;
10. The terms of termination of the contract if it has a duration greater than one year or is indefinite;
11. If the consumer has a right of withdrawal and the withdrawal form template.
1. In the case of a prolonged transaction, the provision of the previous paragraph
only applies to the first delivery.
Article 6 - Right of withdrawal
1. The consumer may contract concerning the purchase of a product for a reflection period of 14 days or terminate without giving reasons. The operator may interrogate the consumer on the reason for the revocation, but he does not undertake to indicate his or his reasons.
2. The reflection period referred to in paragraph 1 shall begin to run the day following the receipt of the product by the consumer or by a third party other than the operator, designated beforehand by the consumer, or:
3. If the consumer ordered several products during the same order: the day the consumer or a third party designated by the latter, received the final product. The operator may, as long as they have informed the consumer in the command process in a clear way, refuse an order of several products with a different delivery time.
4. If the provision of a product consists of several lots or parts, the day the consumer or a third party designated by him, received the last dispatch of the final piece;
4.1.The contract concerns the regular delivery of goods for a certain period,
The day the consumer or third party designated by him, received the first product.
In services and digital content that are not provided on a material support :
1. The consumer has a service contract and a numerical content provision contract that is not provided on a hardware medium dissolved for at least 14 days without giving any reason. The operator may interrogate the consumer on the reason for the revocation, but he does not undertake to indicate his or his reasons.
2. The grace period referred to in paragraph 3 shall begin to run the day following the conclusion of the agreement.
Extension of the reflection time for digital products, services and content that are not provided on a material support by not informing the right of withdrawal:
1. If the professional, the consumer did not provide the information required by the law on the right of withdrawal and the withdrawal form model, the withdrawal period expires twelve months after the end of the original, in accordance with the paragraphs precedents of this article that attest.
2. If the professional has provided the consumer with the information referred to in the preceding paragraph within twelve months of the date of entry into force of the initial grace period, the grace period expires 14 days after the day the consumer receives this information.
Article 7 - Consumer obligations during the period of reflection
1. During this period, the consumer will treat the product and packaging. It will not unpack or use the product only to the extent necessary to establish the nature, characteristics and functioning of the product. The basic principle is that the consumer must manipulate and inspect the product only as it would be allowed to do it in a store.
2. The consumer is only responsible for the decrease in the value of the product resulting from a way of treating the product goes beyond what is allowed in paragraph 1.
3. The consumer is not responsible for the depreciation of the product and the contractor shall provide, before or the conclusion of the contract, all the information legally required on the right of withdrawal.
Article 8 - Exercise of the right of withdrawal by the consumer and its cost
1. If the consumer exercises his right of withdrawal, he points out to the Contractor within the reflection time using the withdrawal form model or any other unequivocal.
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 remit it to (a representative of) the contractor. This provision does not apply if the professional proposed to recover the product himself. In any case, the consumer takes into account the removal period to return the product before the expiry of this period.
3. The consumer returns the product with all accessories, if reasonably possible in the original state and packaging, and in accordance with the reasonable and clear instructions provided by the contractor.
4. The risk and the burden of proof of the correct and timely exercise of the right of withdrawal is the responsibility of the consumer.
5. The consumer must bear the direct cost of the return of the product. If the professional did not inform the consumer that he must bear these fees or if the contractor indicates that he must bear these fees himself, the consumer does not have to bear the costs of referral.
6. If the consumer cancels after first expressly requested that the provision of the service or the supply of gas, water or electricity, they are not put on sale in a limited volume or a certain amount to start during The withdrawal period, the consumer is the contractor amount due proportionally to the part of the commitment that is completed by the contractor at the time of withdrawal, compared to the full execution of the obligation.
7. The consumer does not bear any cost for the performance of services or the supply of water, gas or electricity, they are not put on sale in a limited volume or quantity, or the provision of district heating, on condition that :
8. The company to the consumer, the information required by the law on the right of withdrawal, the costs were not provided in case of retraction and the model of withdrawal form or;
9. The consumer did not explicitly began the execution of the service or supply of gas, water, electricity or urban heating requested during reflection.
9.1. The consumer does not bear any cost for the total or partial delivery of a Digital content not supplied on a hardware media when:
9.2 He did not explicitly accepted, before his delivery, the beginning of the performance of the contract before the end of the reflection period;
9.3 He did not recognize that he loses his right of withdrawal by giving his consent; Where
9.4 The professional did not confirm this consumer statement.
9.5 If the consumer exercises his right of withdrawal, any scheduled contracts are automatically dissolved.
Article 9 - Obligations of the professional in case of withdrawal
1. If the notification of the retractation by the consumer is possible electronically, the professional sends the message immediately after receiving an acknowledgment of receipt.
2. The professional reimburses all payments made by the consumer, including delivery charges that will be charged by the operator for the returned product, immediately but within 14 days after the day the consumer notifies him with withdrawal. Unless the contractor does not propose to recover the product, he may wait to return the product he has received or demonstrates to the consumer he returned the product, the nearest date being retained.
3. The Contractor uses the same payment method for reimbursement to the consumer, unless the consumer accepts a different mode. The refund is free for the consumer.
4. If the consumer has chosen a more expensive delivery method than the cheapest standard delivery, the professional is not required to reimburse additional costs related to more expensive mode.
Article 10 - Exclusion of the right of withdrawal
The operator can exclude the following rights and services of the right of withdrawal, but only if the Contractor has clearly indicated in the offer and on time for the conclusion of the contract:
1. The products or services whose price depends on the fluctuations of the financial market on which the contractor has no influence and who may occur during the withdrawal period;
2. Contracts concluded at a public auction. As part of a public auction refers to a method of selling where the goods, the digital content and / or services offered by the professional to the consumer who assists or has the possibility of personally present for sale at auction, led by a prime commissioner and where the successful bidder is obliged, to take the digital content and / or services;
3. Service contracts after full implementation of the service, but only if:
4. The execution began with the explicit prior consent of the consumer; and
5. The consumer stated that he will lose his right of withdrawal when the contract will be fully executed by the professional;
5.1 Package trips referred to in Article 7: 500 BW and passenger transport agreements;
5.2 Service contracts relating to the provision of accommodation, to the extent that the agreement provides for a specific date or period of execution and where it is not a housing, the transport of goods, the car rental services and catering;
5.3 Agreements related to leisure activities, such as a specific date or period includes the implementation of the Agreement;
5.4 Products manufactured according to consumer specifications, which are not prefabricated and manufactured on the basis of a choice or individual decision of the consumer, or who are clearly intended for a specific person;
5.5 Products that spoil quickly or whose shelf life is limited;
5.6 Sealed products that are not suitable for reasons of health or hygiene, to be returned after delivery and whose seal has been broken;
5.7 Products that are mixed in an inseparable way after delivery due to their nature with other products;
5.8 Alcoholic beverages, the price of which is agreed upon the conclusion of the contract, whose delivery can only take place after 30 days and whose real value depends on the fluctuations of the market on which the contractor exercises his 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 to them;
5.11 The provision of digital content other than on a tangible support, but only if:
5.12 The execution began with the explicit prior consent of the consumer; and
5.13 The consumer stated that he loses his right of withdrawal.
Article 11 - The price
1. During the period mentioned, the prices of products and / or services have not increased in the offer, with the exception of price changes due to VAT rate changes.
2. Notwithstanding the previous paragraph, the company proposes products or services whose prices are subject to the fluctuations of the financial market and on which the contractor has no control, at variable prizes. These fluctuations and the fact that any price objective are on offer.
3. Price increases within 3 months of the conclusion of the contract are only authorized if they result from legislation or regulation.
4. Price increases from 3 months after the conclusion of the contract are allowed only if the merchant has agreed and:
- at. They are the result of legislation or regulation; Where
- b. The consumer has the right to terminate the contract from the date on which the increase takes effect.
Prices in the provision of products or services include VAT.
Article 12 - Conformity agreement and warranty extension
1. The operator guarantees that the products and / or services meet the specifications of the contract set out in the offer, the reasonable requirements of the reliability and / or the usability and on the date of the conclusion of the agreement of the legal provisions existing and / or government regulations. If this is agreed, the contractor also ensures that the product is adapted to use other than normal.
2. By the merchant, his supplier, the manufacturer or importer extended warranty never limited the legal rights and the claims that consumers can make under the contract against the merchant apply if the employer has not completed his part of the agreement.
3. Additional warranty means any commitment to the professional, supplier, importer or producer, by which he attributes to the consumer certain rights or claims beyond which he is legally held, in the event that he would not have fulfilled his share of the agreement.
Article 13 - Delivery and execution
1. The professional brings the greatest care to the receipt and execution of the orders of products and the evaluation of requests for service.
2. The place of delivery is the address that the consumer has made known to the professional.
3. Subject to what is indicated in Article 4 of these Terms and Conditions, the professional will accept orders diligently, but at the latest within 30 days, unless a different delivery time is agreed. If the delivery is delayed or if an order is not or only partially executed, the consumer receives them within 30 days after passing the command. The consumer in this case, has the right to terminate the contract without penalty and be entitled to any compensation.
4. After the dissolution in accordance with the preceding paragraph, the operator shall immediately repay the amount paid by the consumer.
5. The risk of damage and / or loss of products is based on the merchant until the delivery of the consumer, or a pre-designated representative, and the contractor announced, unless otherwise agreed.
Article 14 - Long-term operations: duration, termination and renewal
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 denouncing the applicable termination rules and respecting a notice of a Maximum month.
2. The consumer may contract for a fixed period, which extends to the regular delivery of products (including electricity) or services, at any time at the end of the fixed term, subject to the agreed termination rules and a notice of one month.
3. Consumers may benefit from the agreements mentioned in the preceding paragraphs:
- terminate at any time and not be limited to a termination at a specific time or in a given period;
- at least terminate the same way they have been concluded;
- terminate with the same notice as the company has negotiated for itself.
1. A contract concluded for a specified period, which extends to the regular delivery of products (including electricity) or services can not 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 and magazines to be tacitly renewed for a fixed period of up to three months if the consumer against this Prolonged agreement The end of the extension may terminate with notice not exceeding a month.
3. A contract concluded for a fixed period, which extends to the regular delivery of products or services may not be extended for an indefinite period only if the consumer may at any time terminate with a maximum month notice. The notice period is greater than three months in the event that the agreement extends to regular delivery, but less than once a month, daily newspapers and magazines, news and weekly.
4. An agreement with a limited duration of regular delivery of test days, news and weekly newspapers and magazines (trial or introduction of the subscription) will be terminated automatically and not tacitly pursued after the test or introductory.
1. If a contract has a duration of more than one year, the consumer after one year may withdraw at any time, terminate with a maximum notice of one month unless the reasonable and equitable nature against termination before the End of the object is agreed in the long term.
Article 15 - Payment
1. Unless otherwise provided in the contract or the additional conditions, the amounts due by the consumer shall be paid within 14 days of the start of the reflection period or, in the absence of a relate period, within 14 days following the conclusion of the agreement. In the case of an agreement relating to the provision of a service, this period begins to run the day following receipt by the consumer of the confirmation of the agreement.
2. When selling products to consumers, they can never, under general conditions, be required to make an advance payment of more than 50% of the value of the total amount of their invoice. If the payment is agreed, the consumer can not make any rights concerning the execution of the order or the service (s) before the advance payment has been made.
3. The consumer has the duty of inaccuracies in the data provided or the payment specified immediately to the operator.
- 4. If the consumer is unable to respond to his payment obligation (s) above, after the contractor has identified the late payment and that the Contractor consumer has given a delay of 14 days in which to comply with its payment obligations, after the failure to pay within the 14 days, on the unpaid amount of legal interests and the contractor is entitled to charge the extrajudicial recovery fees incurred and invoiced by him. These recovery fees exceed 15% of the unpaid amounts up to 2,500 €, =; 10% for the following € 2,500, = and 5% on the next 5,000 €, = with a minimum of 40 €, =. The contractor can benefit from different consumers of these amounts and percentages.
Article 16 - Complaints
1. The Contractor has a complaint process that is widely advertising and processes complaints under this procedure.
2. Complaints concerning the implementation of the contract shall be transmitted within a reasonable time after the consumer observed any default (s), declaring themselves in a clear and detailed manner with the contractor.
3. When the merchant receives one or more complaints, it must be answered within 14 days from the date of receipt. If a complaint requires a longer foreseeable treatment time, it is then necessary to send a response to the consumer in the 14 day period with a receipt notice, also attaching more detailed information to the latter.
4. If the complaint can not be resolved within a reasonable time or within three months after the filing of the complaint, it is then possible to proceed to a mutual agreement that could cause a dispute that is subject to dispute.
Article 17 - Litigation
On agreements between the contractor and the consumer of these terms, please refer only and exclusively to Dutch law.
Article 18 - Complementary or different provisions
Additional or different provisions of these terms can not be to the detriment of consumers and must be recorded in writing or may be in such a way that the consumer can read him in an accessible manner, or that the latter are directly stored on a Durable support.