Terms of Service
Article 1 – Definitions
In these terms and conditions, the following definitions apply:
- Cooling-off period: the period within which the consumer can exercise their right of withdrawal.
- Consumer: the natural person who is not acting in the exercise of a profession or business and enters into a distance contract with the entrepreneur.
- Day: calendar day.
- Ongoing transaction: a distance contract relating to a series of products and/or services, where the obligation of delivery and/or purchase is spread over time.
- Durable medium: any means that enables the consumer or entrepreneur to store information directed to them personally in a way that allows future consultation and unaltered reproduction of the stored information.
- Right of withdrawal: the possibility for the consumer to renounce the distance contract within the cooling-off period.
- Entrepreneur: the natural or legal person offering products and/or services at a distance to consumers.
- Distance contract: a contract in which, within the framework of a system organized by the entrepreneur for distance selling of products and/or services, only one or more techniques for distance communication are used up to and including the conclusion of the contract.
- Technique for distance communication: means that can be used to conclude an agreement without the consumer and entrepreneur being simultaneously in the same space.
- General Terms and Conditions: the present General Terms and Conditions of the entrepreneur.
Article 2 – Identity of the entrepreneur
- Business name: Silque & Style
- Chamber of Commerce number: 94806322
- Trading name: Silque & Style
- VAT number: NL005110252B64
- Customer service email: Info@silquestyle.com
- Business address: Oranjepolderhof 21
Article 3 – Applicability
These general terms and conditions apply to every offer made by the entrepreneur and to any distance contract and orders concluded between the entrepreneur and consumer.
Before the distance contract is concluded, the text of these general terms and conditions will 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 can be viewed at the entrepreneur’s premises and will be sent free of charge to the consumer upon request.
If the distance contract is concluded electronically, the text of these general terms and conditions can, by way of deviation from the previous paragraph, be made available to the consumer electronically in such a way that the consumer can easily store it on a durable medium. If this is not reasonably possible, it will be indicated where the general terms and conditions can be viewed electronically and that they will be sent free of charge upon request.
If specific product or service terms apply in addition to these general terms and conditions, the second and third paragraphs apply accordingly, and the consumer can always invoke the most favorable provision in the event of conflicting terms.
If any provision of these general terms and conditions is at any time wholly or partially void or voided, the agreement and these conditions shall otherwise remain in effect, and the void or voided provision shall be replaced by mutual agreement with a provision that approximates the original as closely as possible.
Situations not covered by these general terms and conditions must be assessed ‘in the spirit’ of these general terms and conditions.
Uncertainties about the interpretation or content of one or more provisions of our terms must be explained ‘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 under certain conditions, this will be expressly stated in the offer.
The offer is non-binding. The entrepreneur is entitled to change and adjust the offer.
The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer. If the entrepreneur uses images, they are a truthful representation of the products and/or services offered. Apparent mistakes or errors in the offer do not bind the entrepreneur.
All images, specifications, and data in the offer are indicative and cannot give rise to compensation or dissolution of the agreement.
Images accompanying products are a truthful representation of the offered products. However, the entrepreneur cannot guarantee that the displayed colors exactly match the real colors of the products.
Every offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer. This concerns, in particular:
- The price, excluding clearance costs and import VAT. These additional costs are the responsibility and risk of the customer. The postal or courier service will use the special arrangement for postal and courier services concerning importation. This arrangement applies if the goods are imported into the EU destination country, as is the case here. The postal or courier service collects the VAT (possibly together with the clearance costs) from the recipient of the goods;
- Any shipping costs;
- How the agreement will be concluded and which actions are necessary for that;
- Whether or not the right of withdrawal applies;
- The method of payment, delivery, and execution of the agreement;
- The period for accepting the offer, or the period within which the entrepreneur guarantees the price;
- The level of the tariff for remote communication if the costs of using the technology for remote communication are calculated on a basis other than the regular basic rate for the communication method used;
- Whether the contract will be archived after its conclusion and, if so, how it can be consulted by the consumer;
- The way the consumer can, before concluding the agreement, check the information they have provided and, if desired, correct it;
- Any other languages besides Dutch in which the agreement can be concluded;
- The codes of conduct to which the entrepreneur has subjected themselves and the way in which the consumer can electronically consult these codes of conduct; and
- The minimum duration of the distance contract in the event of an ongoing transaction.
Optional: available sizes, colors, material types.
Article 5 – The agreement
The agreement is concluded, subject to the provisions in paragraph 4, at the moment of acceptance by the consumer of the offer and the fulfillment of the conditions set.
If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the agreement.
If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transmission of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.
The entrepreneur may, within legal frameworks, inform themselves whether the consumer can meet their payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If, based on this investigation, the entrepreneur has good reasons not to enter into the agreement, they are entitled to refuse a request or order, or to attach special conditions to the execution.
The entrepreneur will, along with the product or service, provide the consumer with the following information, in writing or in such a way that the consumer can store it accessibly on a durable medium:
- The business address of the entrepreneur where the consumer can go with complaints;
- The conditions under which and how the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
- Information about existing after-sales services and warranties;
- The information included in article 4 paragraph 3 of these terms, unless the entrepreneur has already provided this information to the consumer before the execution of the agreement;
- The requirements for terminating the agreement if the agreement has a duration of more than one year or is indefinite.
In the case of an ongoing transaction, the provision in the previous paragraph only applies to the first delivery.
Every agreement is entered into under the suspensive condition of sufficient availability of the relevant products.
Article 6 – Right of withdrawal
Upon purchasing products, the consumer has the option to dissolve the agreement without giving reasons for 14 days. This cooling-off period commences on the day after receiving the product by the consumer or a pre-designated representative made known to the entrepreneur.
During the cooling-off period, the consumer will handle the product and packaging with care. The consumer will only unpack or use the product to the extent necessary to assess whether they want to keep the product. If the consumer exercises their right of withdrawal, they will return the product with all accessories supplied and – if reasonably possible – in its original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.
If the consumer wishes to exercise their right of withdrawal, they must notify the entrepreneur within 14 days of receiving the product. The consumer must notify via written communication/email. After the consumer has made it known that they wish to exercise their right of withdrawal, they must return the product within 14 days. The consumer must prove that the delivered goods have been returned on time, for example, through a proof of shipment.
If the customer has not made known their intention to exercise the right of withdrawal within the periods mentioned in paragraph 2 and 3, or if the product has not been returned to the entrepreneur, the sale is final.
Article 7 – Costs in case of withdrawal
If the consumer exercises their right of withdrawal, the costs of returning the products will be borne by the consumer.
If the consumer has paid a sum, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after the withdrawal. However, the condition is that the product has already been returned by the retailer, or conclusive proof of complete return can be provided.
Article 8 – Exclusion of the right of withdrawal
The entrepreneur can exclude the consumer's right of withdrawal for products as described in paragraph 2 and 3. The exclusion of the right of withdrawal is only valid if the entrepreneur has clearly stated this in the offer, at least in time for the conclusion of the agreement.
Exclusion of the right of withdrawal is only possible for products:
- That have been created according to the consumer's specifications;
- That are clearly personal