Terms & Conditions

 

Table of contents:

Article   1 – Definition
Article   2 – Identity of Silvercreek
Article   3 – Applicability of the general Terms & Conditions
Article   4 – The Offer
Article   5 – The Contract
Article   6 – Right of Withdrawal
Article   7 – Costs in case of Withdrawal
Article   8 – Exclusion of Right of Withdrawal
Article   9 – Price
Article 10 – Compliance and Warranty
Article 11 – Delivery
Article 12 – Extended Duration Transactions
Article 13 – Payment
Article 14 – Complaints
Article 15 – Disputes
Article 16 – Additional Terms

 

Article 1 – Definitions

These Terms and Conditions shall apply:

  1. Withdrawal return: the period of time when the consumer can use his right of withdrawal;
  2. Consumer: the natural person who is not acting within the exercise of the profession/business and agrees with a distance contract with the entrepreneur;
  3. Day: calander day;
  4. Duration transaction: a distance contract concerning a range of products and/or services, when the supply and/or purchase is spread over time; 
  5. Durable medium: any means by the consumer or business that enables information to him personally, is directed stored in a way that future consultation and unaltered reproduction of the stored information.
  6. Right of Withdrawal: the ability for consumers to see off the distance contract within the period of time;  
  7. Entrepreneur: the natural or legal person who offers products and/or services on distance to the consumers;
  8. Distance contracts: A contract whereby part of the organized system for distance is selling products and to conclude the agreement for exclusive use of one or more means of distance communication;
  9. Technology for distance communication: means that it can be used to conclude a contract, without the consumer and entrepreneur being together in the same area.

 

Article 2 – The Identity of Silvercreek

B32 Groep B.V., Silvercreek
Address: Delta 132, 6825 MV, Arnhem
Phone number: 026 - 203 09 95 (available during working hours)
E-mail address: info@silvercreek.nl
Chamber of Commerce number: 09094045
VAT number: NL 004933096B01

 

Article 3 – Applicability of the general Terms and Conditions

  1. These terms and conditions are applicable on all the offers from the entrepreneur and on every established distance contract between the consumer and the entrepreneur.
  2. Before the closure of the distance contract, the text of these terms and conditions will be available for the consumer. If this is reasonably not possible, than there will be indicated that the terms and conditions are available to see at the entrepreneur and will be send (if requested) without charge to the consumer.
  3. If the distance contract is concluded electronically, then, contrary to the previous paragraph and before the distance contract is concluded, the text of these terms and conditions will be electronically available to the consumer in such a way that the consumer can store this in a simple way on a durable medium. If this is reasonably not possible, then before the distance contract is concluded, there will be indicated where the general conditions in electronic form can be taken and at the request of the consumer electronically or otherwise will be sent without charge.
  4. In the event that in addition to these terms and conditions specific product or service conditions apply, the second and third paragraphs shall apply and the consumer in case of conflicting terms always can rely on the applicable provision that is most beneficial. 

 

Article 4 – The offer

  1. If the offer has a limited duration or is subject to conditions, then this will be explicitly mentioned in the offer.
  2. The offer includes a complete and accurate description of the products and/or services. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer as possible. The entrepreneur uses images that are true representations of the products and/or services. Obvious mistakes or errors in the offer are not binding the entrepreneur.
  3. Each offer concludes information, so the rights and obligations that are connected to the offer will be clear to the consumer. This particular concerns:
  • The price including taxes;
  • Any costs of delivery;
  • The way in which the agreement is established and which proceedings are necessary;
  • Whether to apply on the right of withdrawal;
  • The method of payment, delivery and the execution of the contract;
  • The period of time for the acceptance of the offer or the period in which the entrepreneur guarantees the price;
  • The level of the rate of distance communication if the cost of using the means of distance communication are calculated on a basis other than the regular fare for the means of communication;
  • If the contract after creation will be archived and if this is the case, in which ways consumers can consult this;
  • The way in which the consumers, before the closure of the contract, can control and if necessary rectify his data;
  • The contract can be concluded in any other languages, in addition to Dutch;
  • The conduct to which the entrepreneur is subject and the manner in which the consumer can conduct electronic consult; and
  • The minimum duration of the distance contract in case of an extended transaction.

 

Article 5 – The contract

  1. With reservation to paragraph 4, the contract applies on the moment of acceptance of the consumer of the offer and meet of the conditions. 
  2. If the consumer accepts the offer electronically, the entrepreneur will immediately confirm the receipt of the electronic acceptance of the offer. Until the entrepreneur has not confirmed the receipt of this acceptance, the consumer can rescind the contract. 
  3. If the contract is created electronically, the entrepreneur will take appropriate technical and organizational measures to protect the electronic transmission of data and ensures a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate safety precautions. 
  4. The entrepreneur can –within the law- inform consumers of its payment obligations, as well as the facts and factors that are important to a sound conclusion for a distance contract. If the entrepreneur under this investigation was justified in the agreement not to go, he is entitled to a reasoned order or request or to refuse to implement special conditions attached.
  5. The entrepreneur shall enclose with the product or service, in writing or in such way that the consumer in an accessible manner that it can be stored on a durable medium, the following information:
  • a. the visiting address of the company of the entrepreneur where the consumer can lodge complains;
  • b. the conditions and the manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal; 
  • c. the information on guarantees and after-sales service;
  • d. the terms and conditions of article 4 paragraph 3, unless the entrepreneur already provide the consumer this information before the execution of this contract;
  • e. the requirements for canceling the agreement if the agreement has a duration of more than one year or is indefinite.

In the event of a durable transaction the determination in the preceding paragraph will apply only on the first delivery. 

 

Article 6 – Right of Withdrawal

  1. With the purchase of the products the consumer has the possibility to dissolve the contract without necessary reasons within 14 days. This period of time starts the day after the delivery of the product by the consumer or a previously designated by the consumer and the entrepreneur announced representative. 
  2. During this period of the right of withdrawal the consumer will treat the product and the packaging carefully. The consumer will only unpack or use the product as necessary to assess whether he would prefer to retain the product. If he exercise the right of withdrawal, he will return the product with all accessories and - if reasonably possible - in their original condition and packaging to the entrepreneur in conformity with the entrepreneur’s reasonable and clear instructions. 

 

Article 7 – Costs in case of Right of Withdrawal

  1. If the consumer exercises the right of withdrawal, the cost of remand will be at most on his behalf.
  2. If the consumer has paid an amount, the entrepreneur will repay the amount as soon as possible, at least 30 days after remand of his right of withdrawal.

 

Article 8 – Exclusion of Right of Withdrawal

  1. The entrepreneur exclude the right of withdrawal for consumer to the extent provided in paragraph 2 and 3.  The exclusion of right of withdrawal only applies when the entrepreneur clearly mentions this in the offer or forehanded it before the closure of the contract. 
  2. The exclusion of right of withdrawal is only possible for products:
  • a. that by the entrepreneur achieved mutatis specifications of the consumer; 
  • b. that are clearly personal in nature; 
  • c. that by their nature can not be returned;
  • d. that can spoil or become obsolete;
  • e. whose price of which is subject to fluctuations in the financial market on which the entrepreneur has no influence; 
  • f. for individual newspapers and magazines;
  • g. for audio and video recordings and computer software of which the consumer has broken the seal.

 

Article 9 – Price

  1. During the mentioned period of the offer, the prices of the offered products or services will not increase except for price changes resulting from changes in VAT rates. 
  2. Notwithstanding the preceding paragraph, the entrepreneur can offer variable prices when the products or services that are subject to fluctuations in the financial market on which the entrepreneur has no influence. These fluctuations and the fact that any price targets are stated in the offer.
  3. Price increases within 3 months after the creation of the contract are only allowed if they are the result of statutory regulations or stipulations. 
  4. Price increases from 3 months after the creation of the contract are only allowed if the entrepreneur has agreed and:
  • a. if they are the result of statutory regulations and stipulations.
  •  b. the consumer has the competence to terminate as of the date the increase takes effect.
  1. The prices of offer of the products include the VAT. 
  2. The minimum order value amount to 15 Euro after net of any discounts. 
  3. The prices and discounts that are listed on our website can be different than the prices and discounts in stores.
  4. The discounts and sales apply to our terms and conditions. Price changes and printing errors are reserved.  

 

Article 10 – Compliance and Warranty

  1. The entrepreneur guarantees that the products and/or services fulfill the contract, with the mentioned specifications, the reasonable requirements of reliability and/or usability and on the date of the conclusion of the agreement existing legal provisions and/or government regulations. If agreed, the entrepreneur also ensures that the product is suitable for other than normal use. 
  2. A by the entrepreneur, manufacturer or importer warranty does not affect the statutory rights and claims that the consumer under the contract against the entrepreneur may assert. 

 

Article 11 – Delivery

  1. The entrepreneur will take the most possible care with the receiving and the implementation of the order of the products and with assessing applications for the provision of the services. 
  2. The place of delivery is the address that the consumer has made known by the company. 
  3. Subject to what is stated in article 4 of these terms and conditions, the company accepted orders within 30 days, unless a longer delivery has been agreed. If the delivery is delayed, or if an order is not or only partially carried out, the consumer of this no later than 30 days after the order was placed. The consumer in this case the right to terminate the contract without penalty and right to possible compensation.
  4. In case of dissolution in accordance with the preceding paragraph, the entrepreneur will repay the consumer as soon as possible the amount the consumer paid, at least within 30 days after repudiation. 
  5. If the delivery of the product turns out to be impossible, the entrepreneur will endeavor to provide a replacement item available to the consumer. Before the delivery there will be a clear and comprehensive manner that a replacement item will be delivered. For replacement items the right of withdrawal can not be excluded. The costs of any return shall be borne by the entrepreneur. 
  6. The risk of damage and/or loss of the products rest upon the entrepreneur until the moment of delivery to the consumer or a previously designated and by the entrepreneur announced representative, unless otherwise expressly agreed.

 

Article 12 – Extended duration transactions

  1. The consumer that has a contract for an indefinite period can at any time terminate the contract with the applicable termination rules and a notice of up to one month. 
  2. The contract for a certain time has a duration of a maximum of two years. If agreed with the consumer the distance contract will be renewed, the contract will be continued as a contract for an indefinite period and the termination time for the contract will be one month. 

 

Article 13 – Payment

  1. Unless otherwise agreed, by the consumers amounts due needs to be paid by the consumer within 14 days after the start of the right of withdrawal as said in article 6 paragraph 1.  In case of a contract for provision of a service, this term starts after the consumer received the confirmation of the contract. 
  2. With the sales of products to consumers, the general conditions stipulate a prepayment in excess of 50%. If the prepayment is agreed, the consumer may not assert any rights regarding 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 supplied or specified immediate payment to the entrepreneur. 
  4. In case of default by the consumer, the entrepreneur subject to legal restrictions has the right to advance to the consumer reasonable costs in charge. 
  5. Silvercreek.nl offers the payment option: payment afterwards by AfterPay®. If you choose for this payment option, the right regarding the amount due for your purchases will be transferred by Silvercreek.nl to AfterPay. Then the payment terms of AfterPay shall apply, which can be seen on the AfterPay website at this link: http://www.afterpay.nl/consument-betalingsvoorwaarden.

 

Article 14 – Complaints

  1. The entrepreneur has a well-publicized complaints procedure and resolves the complaints under this procedure. 
  2. Complains about the execution of the contract should take place promptly, fully and clearly described and submitted to the entrepreneur, after the consumer has dissolved the defects. 
  3. The entrepreneur will answer submitted complaints within a period of 14 days from the date of receipt. If a complaint is a foreseeable longer processing time, then the entrepreneur response within the period of 14 days with a message confirming receipt and indicating when the consumer can expect a more detailed answer.
  4. If the complaint can not be resolved by a mutual agreement, it will create a dispute that is subject to dispute.

 

Article 15 – Disputes

The contract between the entrepreneur and the consumer of these general terms and conditions will only refer to the Dutch law. 

 

Article 16 – Additional or different terms

Additional or different provisions of these terms and conditions should not be disadvantage the consumer and should be recorded in writing or in such way that the consumer in an accessible manner can be stored on a durable medium.