ARTICLE 1 – Definitions
In these conditions the following definitions apply:
Entrepreneur: the natural or legal person who offers products and/or services remotely to consumers;
Consumer: the natural person who does not act in the exercise of a profession or business and who enters into a distance contract with the entrepreneur;
Distance agreement: an agreement in which, within the framework of a system organized by the entrepreneur for the distance sale of products and/or services, exclusive use is made of one or more techniques for distance communication up to and including the conclusion of the agreement;
Technology for distance communication: means that can be used to conclude an agreement, without the consumer and entrepreneur being together in the same room at the same time;
Reflection period: the period within which the consumer can exercise his right of withdrawal;
Right of withdrawal: the option for the consumer to cancel the distance contract within the cooling-off period;
Day: calendar day;
Duration transaction: a distance contract relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;
Durable data carrier: any means that enables the consumer or entrepreneur to store information that is addressed to him personally in a way that enables future consultation and unchanged reproduction of the stored information.
ARTICLE 2 – Identity of the entrepreneur
Silk Solutions BV
E-mail address:
Chamber of Commerce number:
VAT identification number:
Tel:
If the activity of the entrepreneur is subject to a relevant licensing system: the information about the supervisory authority;
If the entrepreneur practices a regulated profession:
− the professional association or organization to which he is affiliated;
− the professional title, the place in the EU or the European Economic Area where it was awarded;
− a reference to the professional rules that apply in the Netherlands and instructions where and how these professional rules can be accessed.
ARTICLE 3 - Applicability
a. These general terms and conditions apply to all offers and all agreements regarding the sale and delivery of products via the Silk Solutions website.
b. Accepting offers or placing orders on the Silk Solutions website means that the applicability of these general terms and conditions is accepted.
c. Changes to the Agreement entered into or these General Terms and Conditions are only valid if and from the moment they have been confirmed in writing by Silk Solutions. Oral agreements or commitments from Silk Solutions are only binding after they have been confirmed in writing by Silk Solutions.
d. If and to the extent that any provision of the General Terms and Conditions is declared null and void or annulled, the other provisions of the General Terms and Conditions will remain in full force.
ARTICLE 4 – Conclusion
a. All offers from Silk Solutions, as well as the prices, fees and terms stated by Silk Solutions, are without obligation, unless expressly stated otherwise.
b. An Agreement is only concluded after a request or order from or on behalf of the customer has been confirmed in writing by Silk Solutions. Unless there is evidence to the contrary, Silk Solutions's administrative data are decisive and binding for the content of the Agreement and these data serve as proof of the Agreement.
c. Silk Solutions has the right at all times to refuse an order without giving reasons, which Silk Solutions will inform the customer as soon as possible.
d. The customer guarantees that the information provided to Silk Solutions in the application or order is correct and complete.
e. Obvious (clerical) errors and mistakes on the website and/or in the confirmation email do not bind Silk Solutions.
ARTICLE 5 - Prices
a. All prices and rates are in Euros including VAT, the stated shipping costs and any other government levies imposed at the time of concluding the agreement, unless expressly stated otherwise.
b. All prices and rates mentioned on the Silk Solutions website and mailings are subject to price changes, programming and typing errors.
ARTICLE 6 - Payment
a. Unless otherwise agreed, payment to Silk Solutions of the price due by the customer will take place by means of a payment by online payment order. The customer does not have the authority to make settlements. Silk Solutions may change the payment terms if Silk Solutions believes that the financial position or payment behavior of the customer or the nature of the relationship with the customer gives reason to do so.
b. Payments can be made by bank transfer, iDeal, PayPal, Credit Card, Mister Cash, SOFORT Banking or Belfius Direct Net. All orders must be paid for by the customer, according to the payment method chosen by the customer. If the customer chooses iDeal, PayPal, Credit Card, Mister Cash, SOFORT Banking or Belfius Direct Net, the full purchase price will be paid in advance by the customer.
c. Silk Solutions is entitled to suspend the fulfillment of obligations under the Agreement in the event of attributable non-compliance by the customer with his obligations under the Agreement.
ARTICLE 7 - Delivery
a. All (delivery) periods stated by Silk Solutions are approximate and have been determined on the basis of the information and circumstances known to Silk Solutions at the time the Agreement was entered into. Specified delivery times can never be regarded as a deadline.
b. Exceeding the delivery times specified by Silk Solutions, for whatever reason, never entitles the customer to compensation or non-fulfillment of any obligation incumbent on him under the relevant Agreement or a related Agreement.
c. If the maximum statutory delivery time of thirty (30) working days is exceeded, the customer has the right to terminate the agreement free of charge. The customer must notify Silk Solutions in writing for this. In that case, payments will be returned to the customer within fourteen (14) days after notification.
d. Silk Solutions only delivers to addresses in Europe.
e. The consumer is responsible for providing the correct information when placing an order.
Please note: If you give the delivery service explicit permission to leave a package unattended outside your home - so-called "dropping permission" - and the delivery service delivers the package to the agreed location, you thereby take over responsibility for delivery. If the package has been delivered to the agreed location according to the delivery service, but you do not find it there later, you cannot claim compensation or replacement.
If you instruct the delivery service to deliver your package to a different location than you indicated to us when ordering, you thereby take over responsibility for delivery. If the package has been delivered to the new agreed location according to the delivery service, but you do not find it there, or if the delivery service cannot deliver it to the new location and returns the package to us, you cannot claim compensation or replacement.
ARTICLE 8 - Right of withdrawal
a. The customer can terminate an agreement regarding the purchase of a product during a cooling-off period of fourteen (14) days without giving reasons. Silk Solutions may ask the customer for the reason for withdrawal, but does not oblige the customer to state his reason(s).
b. The cooling-off period referred to in the previous paragraph starts on the day after the customer, or a third party designated in advance by the customer, who is not the carrier, has received the product, or:
- if the customer has ordered multiple products in the same order: the day on which the consumer, or a third party designated by him, received the last product. Silk Solutions may, provided it has clearly informed the customer of this prior to the ordering process, refuse an order for multiple products with different delivery times.
– in the case of agreements for regular delivery of products during a certain period: the day on which the customer, or a third party designated by him, received the first product.
c. During the cooling-off period, the customer will handle the product and packaging with care. She will only unpack or use the product to the extent necessary to determine the nature, characteristics and operation of the product. The basic principle here is that the customer may only handle and inspect the product as they would in a store.
d. The customer is only liable for depreciation of the product that is the result of handling the product that goes beyond what is permitted in the previous paragraph.
e. The customer must return the products as soon as possible, but within 14 days from the day of withdrawal. The customer must return the products to a return address determined by Silk Solutions. This must be done in the original, undamaged packaging and with all accessories supplied. Opened or damaged packaging will not be taken back. Opening the packaging means that the customer wishes to keep the products.
h. The risk and burden of proof for the correct and timely exercise of the right of withdrawal lies with the customer.
i. The customer bears the costs for returning.
j. If Silk Solutions enables the notification of withdrawal by the customer electronically, it will immediately send a confirmation of receipt after receiving this notification.
k. Silk Solutions will reimburse all payments made by the customer, including any delivery costs charged by Silk Solutions for the returned product, without delay but within fourteen (14) days following the day on which the consumer notifies her of the withdrawal.
l.Silk Solutions will use the same payment method that the customer used for reimbursement, unless the customer agrees to another method. The refund is free of charge for the customer.
m. Silk Solutions reserves the right to refuse returned products or to credit only part of the paid amount if (it is suspected that) the products have already been opened, used or damaged through the fault of the customer.
n. Silk Solutions can exclude the following products from the right of withdrawal: Sealed products that are not suitable for return for reasons of health protection or hygiene and of which the seal has been broken after delivery.
ARTICLE 9 - Complaints and Guarantees
a. The customer has the obligation to examine upon delivery whether the products comply with the agreement. If this is not the case, the customer must inform Silk Solutions of this as soon as possible, but in any case within fourteen (14) days after delivery, or at least after observation was reasonably possible, in writing and with reasons. Failing this, any claim in this regard will lapse.
b. Product images do not always have to match the appearance of the delivered products. In particular, following product range renewals, changes may occur in the appearance and packaging of the products. The customer cannot submit complaints about any defects found if they concern these changes to the product.
c. Furthermore, any claim by the customer with regard to delivered products lapses if:
- the products can no longer be identified as originating from Silk Solutions;
– the defects are (partly) the result of normal wear and tear, improper and/or incorrect treatment, use and/or storage or maintenance of the products;
– Silk Solutions has not immediately been given the opportunity by the customer to investigate the complaints and to fulfill its obligations;
– the customer has not fulfilled any obligation incumbent on him, has not complied with it in a timely manner or has not properly complied with it.
d. If it has been demonstrated that the products do not comply with the Agreement, Silk Solutions has the choice either to repair the relevant products upon return, or to replace them with new products or to refund the invoice value. These General Terms and Conditions apply fully to this new delivery.
e. The costs for returning products if defects are found will be borne by Silk Solutions.
ARTICLE 10 - Use of the website
a. All Intellectual Property Rights, including but not limited to copyrights, trademark rights and database rights, apply to the information, texts, images, logos, photos and illustrations on the website and to the layout and design of the website at Silk Solutions and/or its licensors. The customer and users of this website acknowledge these rights and guarantee that they will refrain from any infringement thereof, including making copies of the website other than technical copies required for the use of the website (loading and displaying). ).
b. The information on the website is compiled and maintained by Silk Solutions with constant care and attention. However, errors cannot always be prevented. No rights can therefore be derived in any way from the information offered on the website. Silk Solutions accepts no liability for damage resulting in any way from the use of the website or from the incompleteness and/or inaccuracy of the information provided on the website and/or damage resulting from the (temporary) unavailability of the website.
c. The website contains hyperlinks to other internet sites maintained by third parties. Silk Solutions has no influence whatsoever on the information, products and services mentioned on these internet sites and accepts no liability for damage resulting in any way from the use of this internet site.
d. Silk Solutions is not responsible for photos, descriptions and other information material on the website that are published by third parties.
e. Silk Solutions does not guarantee that e-mails or other electronic messages sent to it will be received and processed in a timely manner and accepts no liability for the consequences of the late receipt or processing of e-mails or other electronic messages sent to it
f. The version of the relevant communication stored by Silk Solutions serves as proof thereof, unless the customer proves otherwise.
ARTICLE 11 - Liability
a. All changes to the packaging and package leaflets must be followed. No liability is accepted for deviating use and/or handling.
b. Silk Solutions is, except for intent and gross negligence, in no way liable for damage arising as a result of the inaccuracy and/or incompleteness and/or unlawfulness of the content of the website, the (incorrect) use of the website by the customer and the provision of incorrect information by the customer.
c. Silk Solutions is, except for intent and gross negligence, in no way liable for damage resulting from the products it supplies and/or any shortcomings in the execution of the agreement or the violation of any other obligations towards the customer.
d. Damage, as referred to in this article, which, in the opinion of the customer, is due to intent or gross negligence on the part of Silk Solutions, must be reported to Silk Solutions in writing as soon as possible, but in any case within thirty (30) days after its occurrence. reported. Damage that has not been notified to Silk Solutions within that period is not eligible for compensation, unless the customer can demonstrate that it could not reasonably have reported the damage earlier.
ARTICLE 12 - Force Majeure
a. Silk Solutions is not obliged to fulfill any obligation towards the customer if it is prevented from doing so as a result of a circumstance that is not due to fault, and neither under the law, a legal act or generally applicable traffic opinions are her responsibility.
b. Force majeure means circumstances that prevent the fulfillment of the agreement and that cannot be attributed to Silk Solutions. If and insofar as these circumstances make compliance impossible or unreasonably difficult, this will include: Strikes at suppliers of Silk Solutions, general transport problems, fire, government measures, including import and export bans.
c. Insofar as Silk Solutions has already partially fulfilled its obligations under the agreement at the time of the occurrence of force majeure or will be able to fulfill them, and independent value is attributed to the fulfilled or to be fulfilled part, Silk Solutions is entitled to the part already fulfilled or to be fulfilled. to be invoiced separately. The customer is obliged to pay this invoice as if it were a separate agreement.
d. If the force majeure lasts longer than three (3) months, both parties are entitled to terminate the agreement. In that case, Silk Solutions is not obliged to pay any compensation.
ARTICLE 13 - Complaints procedure
a. The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
b. Complaints about the execution of the agreement must be submitted fully and clearly described to the entrepreneur within 7 days after the consumer has discovered the defects.
c. Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within 14 days with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed answer.
d. If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute settlement procedure.
e. In case of complaints, a consumer must first contact the entrepreneur. If the online store is affiliated with Stichting WebwinkelKeur and for complaints that cannot be resolved by mutual agreement, the consumer must contact Stichting WebwinkelKeur ( www.webwinkelkeur.nl ), which will mediate free of charge. Check whether this online store has a current membership via https://www.webwinkelkeur.nl/leden/. If a solution is not yet found, the consumer has the option to have his complaint handled by the independent dispute committee appointed by Stichting WebwinkelKeur, the decision of which is binding and both the entrepreneur and the consumer agree to this binding decision. Submitting a dispute to this dispute committee involves costs that must be paid by the consumer to the relevant committee. It is also possible to register complaints via the European ODR platform ( http://ec.europa.eu/odr ).
f. A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur indicates otherwise in writing.
g. If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at his option, replace or repair the delivered products free of charge.
ARTICLE 14 – Post-payment via Billink
a. Payment must be made to Billink BV (hereinafter: “Billink”) within the stated payment term. After all, we have transferred all rights under the claim to Billink, who will collect the claim. Your data is checked and registered by or on behalf of Billink. This data can be used, among other things, for the collection of claims and the review of orders in the implementation of the acceptance policy of affiliated organizations. Billink reserves the right to refuse the customer's request for payment on account. The payment term used is a strict term.
b. In the event of late payment, the customer is therefore in default without notice of default and Billink is entitled to charge contractual interest of 0.75% per month from the due date of the invoice (whereby part of a month is considered as a whole month). . Billink is also entitled to charge the customer extrajudicial collection costs under the law. In the case of business customers, Billink is also entitled to charge reminder and reminder costs to the customer, without prejudice to Billink's right to charge the customer for the costs actually incurred if they exceed the amount thus calculated. These costs amount to a minimum of 15% of the principal amount with a minimum of 40 euros for consumers and 75 euros for companies. Billink is also entitled to transfer the claim to a third party. In that case, what has been determined in the foregoing with regard to Billink will also be transferred to the third party to whom the claim has been transferred.
ARTICLE 15 - Disputes and competent court
a. Agreements between the entrepreneur and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law. Even if the consumer lives abroad.
b. Any dispute that arises between Silk Solutions on the one hand and the customer on the other hand arising from the agreement and/or its interpretation or implementation, will be submitted to the court in Utrecht.
c. Parties will only appeal to the court after they have made every effort to settle a dispute by mutual agreement.
d. The Vienna Sales Convention does not apply.
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 in a durable manner. data carrier.