1. APPLICABILITY

1.1 These General Terms and Conditions apply to all offers from SILA B.V. and to all agreements entered into with SILA B.V. by using the the internet site www.silaforhealth.com.

1.2 In addition to these General Terms and Conditions, when expressly indicated, Additional Terms and Conditions may apply to certain services and/or products.

1.3 The provisions of these General Terms and Conditions can only be deviated from if this has been expressly agreed in writing and in which case the other provisions of these General Terms and Conditions will remain in full force and effect.

1.4 If the Buyer also refers to its general terms and conditions, those terms and conditions will not apply unless SILA B.V. has expressly agreed to this in writing.

1.5 “Buyer” means any visitor to the website and/or any private or legal person who is or will be in a contractual relationship of whatever nature with SILA B.V.

1.6 SILA B.V. reserves the right to change or add to these terms and conditions from time to time at its sole discretion by posting a new version on the SILA B.V. internet site.

1.7 By using the SILA B.V. internet site and/or placing an order, the Buyer accepts these General Terms and Conditions as well as all other rights and obligations as stated on the SILA B.V. internet site.

1.8 SILA B.V. is authorised to make use of third parties in the execution of an agreement with the Buyer.

2. OFFERS AND CONCLUSION OF AGREEMENTS

2.1 Offers or quotations should be regarded as an invitation to potential Buyers to make an offer. SILA B.V. is in no way bound by this, unless this has been laid down unambiguously in writing between SILA B.V. and the Buyer. The acceptance of the invitation to make an offer by the potential Buyer is considered an offer and may lead to the conclusion of an agreement if the other provisions of this article have been met.

2.2 Offers made by SILA B.V. are only valid while stocks last.

2.3 An offer from the potential Buyer as referred to in Article 2.1 is deemed to have been made in one of the following circumstances:

– the potential Buyer has described exactly which product and/or service he wishes to purchase;

– the potential Buyer has entered the data on the appropriate form (“order form”) available on the SILA B.V. internet site and such relevant data  have been sent to SILA B.V. electronically and  subsequently have been confirmed to have been received by SILA B.V.

2.4 An agreement is concluded when an order confirmation by SILA B.V. has been sent to the Buyer by email to the email address specified by the Buyer.

2.5 The Buyer and SILA B.V. expressly agree that the use of electronic forms of communication will create a valid agreement as soon as the conditions in Articles 2.4 and 2.5 have been met. In particular, the lack of an ordinary signature does not affect the binding force of the offer and its acceptance. The electronic files of SILA B.V. will, to the extent permitted by law, legally count as a presumption of evidence.

2.6 Information, images, communications provided verbally, by telephone or by email and statements by SILA B.V. regard to all offers and the most important characteristics of the products are (re)displayed or made as accurately as possible. However, SILA B.V. does not guarantee that all offers and products are fully in accordance with the information provided, et cetera. The Buyer is agreeable that deviations, if any,  cannot per se give rise to compensation and/or termination of a contract.

3. PRICES

3.1 All prices are expressed in Euros, in accordance with the relevant legal regulations, and include sales tax.

3.2 Special offers are only valid for the period of validity as stated in such offer. This listing will be printed in a brochure or posted on the Internet site related to that special offer.

3.3 The Buyer is legally obliged to pay the purchase price as advised by SILA B.V. in the electronic communication in line with Article 2.5 of these terms and conditions. Obvious errors in the quotation made by SILA B.V., such as typing and/or other obvious inaccuracies, may be corrected by SILA B.V. at any time, including the period after the conclusion of a formal agreement.

3.4 Delivery costs are not included in the price. The amount of the delivery costs is stated on the website to be charged by providers of delivery services for each particular shipment.

4.  PAYMENT

4.1 Orders via the website can be paid in the following ways:

• iDEAL
• Credit card (Visa and Mastercard)
• Paypal
• Bancontact
• SOFORT Banking
• Apple Pay

SILA B.V. may expand the payment options in the future. Other payment options will be announced via the website.

4.2 If a special payment term has been agreed by SILA B.V., the Buyer will be in default by the mere expiry of this term.

4.3 If a credit card payment method has been chosen by the Buyer, the conditions of the relevant card issuer will apply. SILA B.V. is not a party to the relationship between the Buyer and the card issuer.

4.4 In the event of non-payment or late payment by the Buyer, a reminder procedure will be started to be decided as a sole discretion of SILA B.V.

4.5 All, costs and/or expenses of whatever nature, including direct and/or indirect damages, all judicial and extrajudicial costs that SILA B.V. has had to incur as a result of the Buyer’s failure to fulfil its contractual obligations will be entirely borne by the Buyer.

4.6 In the event of late payment, SILA B.V. is authorised to terminate the agreement with immediate effect and/or to suspend any further delivery until the Buyer has fully complied with the payment obligations, including the payment of costs.

5. DELIVERY AND DELIVERY TIME

5.1 Orders are delivered as soon as possible after payment has been received by SILA B.V. In principle, SILA B.V. strives to deliver to the corresponding delivery address within 5 working days after payment of the order. The stated delivery time is only an indication and cannot be taken as a deadline. SILA B.V.  can provide further information about delivery times on the internet site or via its branches or make it known in writing in any other fashion. Such further information may only be taken as an indication of a delivery time.

5.2 If a product that is temporarily out of stock is ordered by the Buyer, it will be indicated when the product is available again. Delays will be reported to the Buyer by email or telephone.

5.3 As soon as the products to be delivered have been delivered to the specified delivery address, all and any risks touching and concerning such delivered products are deemed to have been unconditionally transferred to the Buyer.

6. RETURNS AND RIGHT OF DISSOLUTION

6.1 The Buyer is obliged to inspect the products accurately (or have them inspected) immediately after receipt. The Buyer may return the item and get his/her money back. For agreements with consumer-purchasers, which have been concluded via the internet site or in another way in which electronic communication is used exclusively, the consumer-purchaser has the right without penalty and without stating reasons, a Right of Dissolution from to be exercised within fourteen (14) calendar days after delivery of the product in question.

During the reflection period, the Buyer will handle the product and the packaging with care. The Buyer will only unpack the product to the extent necessary to assess whether he/she wishes to keep the product. If the Buyer makes use of his right, he will return the product with all accessories supplied and – if reasonably possible – in the original condition and packaging to the SILA B.V.

The products can be returned to SILA B.V., Charlotte de Bourbonlaan 39c, 3062 GD Rotterdam. The shipping costs of returns are to be entirely borne by the Buyer.

6.2 If the Consumer/Purchaser has made use of the Right of Dissolution as stated in the previous paragraph, SILA B.V. will arrange for a refund within fourteen (14) calendar days of the amount paid by the Consumer/Purchaser. Refund for opened, used or products damaged after delivery has taken place will not be provided, unless the Buyer has received written confirmation otherwise by SILA B.V.

7. RETENTION OF TITLE

7.1 Notwithstanding the actual delivery, the ownership of the products transfers to the Buyer after the Buyer has fully paid all that is owed by the Buyer regarding any agreement with SILA B.V., including reimbursement of interest and costs, including previous or subsequent deliveries and any work performed or to be performed regarding the products.

7.2 The Buyer may not tax, sell, resell, alienate, or otherwise encumber the products before the ownership thereof has passed from SILA B.V. to the Buyer.

8. WARRANTY AND LIABILITY

8.1 The general warranty conditions apply to products supplied by SILA B.V.

8.2 SILA B.V. is never obliged to pay any compensation to the Buyer or any third party connected to the Buyer, unless there is the intent or gross negligence on the part of SILA B.V. Likewise, SILA B.V. shall never be liable to the Buyer and/or any third party connected to the Buyer for any consequential or trading damage, indirect damage and loss of profit or turnover.

8.3 If SILA B.V., for whatever reason, is obliged to compensate any damage, the compensation will never exceed an amount equal to the invoice value regarding the product or service that caused the damage or insofar as SILA B.V. insurance in this regard will be reimbursed.

8.4 Despite the constant care and attention that SILA B.V. devotes to the composition of the website, it is possible that information published on the website is incomplete and/or incorrect.

8.5 The information on the website is regularly supplemented and/or adjusted. SILA B.V. reserves the right to make any changes with immediate effect and without notice.

8.6 The Buyer is obliged to indemnify SILA B.V. against any claim that third parties may assert against SILA B.V. regarding the execution of the agreement between the Buyer and SILA B.V., insofar as the law does not preclude the relevant damage and costs being for the account of the Buyer should come.

8.7 It is possible that SILA B.V. includes links on its internet site to other internet sites that may be interesting or informative for the visitor. Such links are for informational purposes only. SILA B.V. is not responsible for the content of the website to which reference is made or the use that may be made of it.

9. FORCE MAJEURE

9.1 In the event of force majeure, SILA B.V. is not obliged to fulfil its obligations towards the Buyer, or the obligation of SILA B.V. may be suspended for the duration of the force majeure.

9.2 Force majeure is understood to mean any circumstance beyond its control, as a result of which the fulfilment of its obligations towards the Buyer is wholly or partially prevented. Those circumstances include, but are not limited to, strikes, fire, business failures, energy failures, non-delivery or late delivery by suppliers or other third parties engaged and the absence of any license to be obtained from the government. Force majeure also includes malfunctions in a (telecommunications) network or connection or used communication systems and/or the unavailability of the internet site at any time.

10. INTELLECTUAL PROPERTY

10.1 The Buyer expressly acknowledges that all intellectual property rights of information, communications, or other expressions regarding the products and/or regarding the internet site are vested in SILA B.V., its suppliers or other entitled parties.

10.2 Intellectual property rights are understood to mean patent, copyright, trademark, drawing and model rights and/or other (intellectual property) rights, including sui generis rights to databases or other products, as well as non-patentable technical and/or or commercial know-how, methods and concepts.

10.3 The Buyer is prohibited from making use, including making changes, of the intellectual property rights as described in this article, such as reproduction, for example, without the express prior written permission of SILA B.V., its suppliers or other entitled parties.

11. PERSONAL DATA

11.1 SILA B.V. will only process Buyer’s data in accordance with its privacy policy. The website contains a Privacy Statement.

11.2 SILA B.V. observes the applicable privacy regulations and legislation.

12. APPLICABLE LAW AND COMPETENT COURT

12.1 All offers and agreements are exclusively governed by Dutch law.

12.2 The applicability of the Vienna Sales Convention is expressly excluded.

12.3 All disputes related to or arising from offers from SILA B.V. or agreements concluded with SILA B.V. will be submitted to the competent court in Haarlem, the Netherlands.

13. MISCELLANEOUS

13.1 SILA B.V. is located in Rotterdam (3062GD) and registered under Chamber of Commerce number 82776229. The VAT identification number is NL862600273B01. Please send all correspondence regarding an agreement or these terms and conditions to the e-mail address as stated on the internet site.

13.2 Customer service can be reached for information on working days from 8.30 am to 6.00 pm via email: support@silaforhealth.com .

13.3 Your e-mails will be answered by the internet customer service within 2 working days. SILA B.V. is committed to communicating with its customers in an honest and sincere manner. Unfortunately, we cannot always prevent the misuse of our name by third parties.

13.4 The website and all related parts thereof are the property of SILA B.V. It is not allowed to copy and use for any purpose whatsoever any information from the site for both personal and/or commercial purposes without previous consent by SILA B.V, to be given by sole discretion of SILA B.V.