Sylphar nv strives to maintain lasting partner relationships with its clients and to fully meet their expectations. These general conditions of sale must be seen as a framework enabling this partner relationship to be maintained.
1. Scope of application
The general conditions of sale set out below (hereinafter the “general conditions”) govern the contractual relationships between all users of the site www.sylphar.com (hereinafter the “user”, the “buyer” or “you”) and Sylphar, a public limited company whose registered office is situated at Xavier De Cocklaan 42, 9831 Deurle, Belgium.
These general conditions are the only conditions that apply and replace all other conditions, save for an express and written prior departure from them. Sylphar may at specific times be required to adapt the provisions of these general conditions. They should accordingly be read on every visit to the site www.sylphar.com (hereinafter the “site”). We will assume that by confirming your order and having read the general conditions you accept these without any reservation, even in the event that they conflict with your own purchase conditions.
By searching the site you undertake to comply with these general conditions as well as the user conditions of the site.
2. Placing an order
You can place an order in four different ways:
- Via internet on our site: www.sylphar.com 24/7
- Via email using the address firstname.lastname@example.org
- By phone (+32 9 321 70 80) or fax (+32 9 321 70 90)
- By letter, together with a printout of your order and your method of payment, to Sylphar nv
We then confirm receipt of your order by email and/or telephonically. An order cannot be cancelled once the goods ordered have been dispatched.
3. Confirming the order
For safety reasons, all orders placed via the site are verified and confirmed by email or telephonically by the sales department. In order to confirm your order additional information may be asked or required, such as payment conditions, delivery term, take-away options, etc.
In order to avoid delays please furnish the following information with your order:
- Your name and company
- An email address
- A work or home phone number on which we can contact you during the day.
In respect of every order Sylphar has to dispatch, it reserves the right to request proof of identity and address.
We reserve the right to refuse an order and our obligations become officially effective only after a term of five days as from the date the buyer placed his order and insofar as we have not during this term rejected any part of the order form via email or registered letter sent to the address of the buyer stated on the order form.
The goods are sold in the condition known to and accepted by the buyer at the price stated on the site and in the publications.
The prices stated on the site are in euros and exclude delivery costs. Any delivery costs are for the account of the user and are invoiced together with the order over and above the price of the products selected. You will be informed of these delivery costs by the sales department at the time the order is confirmed. We reserve the right to change our prices at any time but undertake to charge the prices stated on the site at the time of your order.
Errors in the processing or addition of the unit prices or the total of the goods when making up the order form may not be relied upon by the buyer. The prices stated on the site or in the catalogue have precedence. In the event of a difference in price for one and the same article, Sylphar reserves the right to determine the definitive price.
Your order will be delivered subject to the limits of our stocks on hand.
In the event that one of the products ordered is not in stock we undertake to inform you via email or telephonically within which term this product will be delivered to you.
In the event that one of the products is temporarily out of stock we undertake to supply the other products listed on the order and that are in stock without any delivery costs.
6. Product information
The photos by way of illustration of the products are not contractually binding and do not in any case whatsoever give rise to any commitment on the part of Sylphar.
7. After-sales guarantee and service
For the guarantee and proper use of products that include electronic components we refer to the directions for use supplied with the product.
In order to invoke the guarantee you should contact Sylphar’s service or sales department.
Regardless of the problem with your product you should in any event include a copy of the purchase invoice or of the guarantee voucher with the faulty product
The guarantee does not apply to damage to the product due to external reasons (such as crash, shock, lightning strike, power surge, humidity, heat, etc.), incorrect use of or an incorrect installation, using the product in a manner that causes damage to it, or maintenance that is inappropriate to the finishing of the product.
Invoices are payable in cash.
All goods remain the property of Sylphar and cannot be transferred to a third party until payment in full of the purchase price by the client.
An order for goods may be paid prior to delivery by using a credit card (Visa or Mastercard), bank card or bank transfer.
For payments by credit card, the account concerned is charged on the day of your order on condition that permission was given by the competent payment processing centre. This permission is necessary for your order to be accepted.
In that event, the credit card payment is effected via the "Ogone" security system, which will ensure encryption of your bank data.
Payment by bank transfer Sylphar enables you to make your payment via bank transfer. Please note, your payment only takes effect when the amount is received in our bank account. Only then will we go ahead with the processing of your order. This method of payment may take a few days to complete.
To open a client account and get a copy of the payment conditions, please contact Sylphar’s sales department direct.
The goods are delivered by Sylphar.
The delivery prices stated on the site are in euros.
Sylphar shall never be liable for complications and costs as a result of circumstances such as:
• There is no one present to receive the goods
• Works that block access to roads or corridors.
• Lack of space for the delivery
The delivery terms stated on confirmation of the order by the sales department are approximate terms only. Sylphar undertakes to comply with the delivery terms as closely as possible, but non-compliance shall not be grounds for the buyer to cancel the sale or claim damages.
Your order will be delivered to the address stated on the order form.
Upon receipt of the order you should verify whether the products delivered are in agreement with the order and where appropriate write and sign your reservation regarding the delivery on the order form.
You are also required to confirm your reservation by post or by email to Sylphar on the same day or not later than one working day after you received your order. Any complaint lodged after this term cannot be accepted, and discharges Sylphar of any liability whatsoever vis-à-vis the user.
Whenever products have to be sent back to us they should be returned within two working days of the delivery to Sylphar’s address. Returned goods can only be accepted in their original condition, i.e. in the packaging, with the accessories and user manual. Shipping costs are for the account of the user.
Our customers abroad can order goods tax free. To this end, you should forward to Sylphar after the delivery a photocopy of the invoice together with documentary proof that you reside abroad. Once the bordereau has been issued by customs, the user returns it and Sylphar refunds the tax by cheque for the attention of the person whose name is stated on the invoice.
Administrative costs of 3% are charged for refunding the VAT.
Sylphar cannot be held liable for non-performance of the contract as a result of force majeure, interruption or strike action on any scale by the postal services and means of transport or communication, floods, fire or war. We are not required to provide evidence of whether the circumstance was foreseeable, overpowering or of the impossibility of performing the contract. Should one of the above circumstances prevent execution of the order we reserve the right to cancel the sale without any further obligation.
Sylphar cannot in any event be held liable for any consequential damage, operating profit, loss of income, damage or costs as a result of the purchase of a product offered for sale on the site.
Sylphar cannot in any event be held liable for any consequences of improper use of a product offered for sale on the site.
The site may include hyperlinks leading to sites other than that of Sylphar. Sylphar rejects any liability if the content of these sites were to be in breach of any legal provisions, rules or regulations in force.
The cancellation, for whatever reason, of an order by the buyer is possible only subject to the approval of Sylphar’s sales department. A cancellation shall result in damages amounting to 30% of the order, excluding loading and freight charges relating to the execution of the order.
13. Right of reflection – Satisfaction or refund
In accordance with the legal provisions, you are entitled to a reflection period of thirty working days starting from the day of delivery during which you can return a product about which you are not satisfied. You are, however, required within fourteen days of the delivery to inform us by registered letter of your intention to return the product to us. Within this period you can return the product to us at your expense together with the invoice. Goods may only be returned subject to the prior formal approval of Sylphar ‘s sales department and provided they were delivered less than 30 days ago. Goods other than goods held in stock for which specific deliveries were made, or special products not included in our catalogue, do not qualify for this option.
Only products returned to Sylphar in mint condition and in their original packaging, inclusive of all accessories and the user manual will be accepted.
Damaged products or products without the original packaging are not refunded or exchanged.
The above terms start as from the day of delivery of the order.
The right of reflection may be exercised free of charge, save for the shipping costs. Assuming that the user exercises his right of reflection he has the choice either to request reimbursement of the amounts paid, exchange the product, or accept a purchase voucher for the same value. In the case of an exchange, the new products are shipped for the account of the user.
In case the right of reflection is exercised, Sylphar will do its utmost to reimburse the user as quickly as possible. This term will also depend on the time it takes to examine your goods.
As a precaution, the goods are systematically examined prior to any exchange or reimbursement. This may take a couple of weeks. The guarantee does not apply to damage to the product due to external reasons such as crash, shock, lightning strike, power surge, etc.), its incorrect use or installation or using the product in a manner that causes damage to it.
The user is reimbursed via a transfer to his bank account.
The information you part with is required for the processing and shipment of your orders and for drawing up the invoices and the guarantee contracts. Without this information the order would be void. By registering on the site, you undertake to furnish honest and truthful information. Providing incorrect information is in breach of these general conditions and the conditions for use of the site.
In accordance with European Union laws you have the right to view the information that concerns you and to correct it. At any time you can submit an application to Sylphar to check the information which it holds and that concerns you. You can change this information at any time.
You will be receiving promotional emails relating to novelties, stock clearances, exclusive offers, bargains, etc.
You can request that these emails be discontinued by sending an email to email@example.com.
Only Sylphar holds your information. Only Sylphar can forward information to you regarding specific and time-focused promotion campaigns.
Non-payment gives us the right to suspend the delivery and we are entitled by operation of the law to consider as void any agreement with the buyer in case of overdue payment. Any advances accrue to us and we do not have to comply with any formalities other than informing the buyer by registered letter of our intention to enforce this provision.
In the event of a complete installation it is expressly agreed that - save for an extension applied for in due course and approved by us - non-payment of an invoice on the due date shall result in:
• all amounts outstanding being payable on demand
• payment of damages amounting to 15% of the amounts outstanding, subject to a minimum of EUR 50 to cover administrative expenses
• payment of interest at 1.5% per month on the amounts outstanding without any notice of default being required.
In the event of a dispute, only the courts of Ghent (Belgium) shall be competent.
All our deliveries are expressly subject to the retention of our ownership rights, which shall be transferred to the buyer only upon full payment of all the amounts the buyer owes. In case of an illegal sale of goods which the buyer has not yet paid in full, the buyer automatically and unconditionally transfers his claim on the debtor to the seller.
In the event of the buyer applying for a legal compromise, the contract shall be suspended until the legal compromise is concluded.