GENERAL TERMS AND CONDITIONS
In these General Terms and Conditions the following definitions apply:
General Terms and Conditions: these General Terms and Conditions.
Sillies or “we”: Sillies B.V.
Customer or “you”: a natural person who is 18 years of age or older – who is not acting within the context of practicing a profession or conducting a business – that purchases the Goods.
Goods: the products that Sillies offers for sale on its Website www.sillieskitchen.com.
Order: an order placed by the Customer in accordance with the procedure on the Website for the delivery of one or more Goods under these General Terms and Conditions.
Purchase Price: the price indicated on the Website for the Goods, including VAT.
Agreement: the Order, which Sillies has accepted as such.
- APPLICABILITY OF THE GENERAL TERMS AND CONDITIONS AND AMENDMENTS
2.1 These General Terms and Conditions apply to the Agreement between Sillies and Customer.
2.2 We reserve the right to modify these terms and conditions from time to time without notice to you. The most recent version of the General Terms and Conditions will be placed on the Website and must always be consulted by the Customer before using the Website.
- THE AGREEMENT
3.1 All offers made by Sillies on the Website are subject to the availability of the Goods offered.
3.2 We try our best to keep our webshop as up to date as possible. Even though our online stock is updated automatically, there is always a possibility the ordered item(s) are not available in the desired colour combination and/or is sold out. Sillies will try to inform you as soon as possible when this occurs and gives you alternative options if possible.
3.3 We ask you to take the time to read and check your Order at each stage of the order process to ensure the correct details are entered before placing your Order, since unfortunately we’re unable to cancel or change Orders once they have been placed.
3.4 Please note that Sillies cannot be held liable for Orders misdelivered due to an incorrect address being provided at checkout. If you change your mind about your Order after it has been placed, you can
choose to reject the delivery or return the Goods to in accordance with Sillies’ Return Policy.
All images of the Goods offered on the Sillies website, brochures or other publications are only approximate and cannot give rise to compensation and/or dissolution.
- PRICES AND TERMS OF PAYMENT
5.1 All prices indicated on the Website are including Value Added Tax (VAT).
5.2 When ordering Goods from Sillies for international deliveries you may be subject to import duties and/or taxes that apply to your country. Sillies is not responsible for any charges that are incurred from customs/duties whatsoever. Any additional charges for customs clearance are considered outside of our control and Sillies cannot predict the value of what these charges may be. For further information on custom and excise policies in your country, please contact your local customs office.
5.3 Payment can solely be made using the methods indicated on the Website and must be made before the Goods will be sent out for delivery.
5.4 Sillies has the right to adjust its prices and rates from time to time. The prices indicated at the time at which the Order is placed will be deemed to be the prices that form part of the Agreement.
- TERMS OF DELIVERY AND LATE DELIVERY
6.1 As soon as the amount due is received by Sillies, Sillies’ carrier will send the Goods as quickly as possible.
6.2 In the event that shipping will take longer due to unforeseen circumstances, you will be notified. If we fail to deliver Goods within 30 days of the agreed delivery date, or in the event that an order cannot be executed in whole or in part, you may will be entitled to cancel the Order free of charge until the time the Order is shipped.
6.3 We reserve the right to make delivery in instalments.
- LOST OR DAMAGED ITEMS
The risk of loss of or damage to Goods shall pass to you upon delivery date of the Goods.
8.1 Sillies is proud of the quality and workmanship in its products and we hope that you do not experience any problems. In the unlikely event that your product develops a fault, our warranty period is 12 (twelve) months following the relevant delivery date.
8.2 We guarantee that upon delivery the Goods represent the specified condition with the only exception of possible discoloration. No claim can be made in case of damages and wear and tear due to normal usage (such as scratching) or due to clear fault on the side of Customer. No claim can be made in case of damage caused deliberately or with gross negligence, normal wear and/or damage from improper care or handling. The warranty does not cover damage resulting from misuse, negligent handling, lack of reasonable maintenance and care, damage from improper care or handling, staining caused by strongly colored foods/spices, melting caused by overheating, or other accident or abuse by anyone other than Sillies.
8.3 With respect to Goods which do not conform to the warranty our liability is limited, at our election, to (i) refund of the purchase price for such Goods less a reasonable amount for usage by the Customer, or (ii) replacement of such Goods; provided, however, that such Goods must be returned to Sillies, along with acceptable evidence of purchase, within 14 days after you discovered the lack of conformity or ought to have discovered it.
8.4 We make no other warranty, express or implied, with respect to Goods delivered hereunder, and the warranty constitutes our sole obligation in respect of any lack of conformity of Goods delivered hereunder.
- INTELLECTUAL PROPERTY RIGHTS
You acknowledge and agree that all copyright, trademarks, designs, logos, product names and all other intellectual property rights depicted on or affixed to the Goods and in all material or content supplied and included on the Website or otherwise related, are the property of Sillies. You agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.
All Sillies Goods are protected by Design- and Copyright Law. Next to registered Design rights Sillies can rely on unregistered Design rights and Copyrights. The Sillies brand is a registered trademark in the Benelux.
Sillies also refers to the disclaimer with regard to the intellectual property rights in respect of the Website.
- RETENTION OF TITLE
Title of Goods delivered shall remain with Sillies and shall not pass to Customer until the Customer has performed all obligations (including, without limitation, payment obligations) he owes in respect of such Goods that have been or that will be delivered in accordance with the applicable Agreement, as meant in Section 3:92 subsection 2 of the Dutch Civil Code.
- LIMITATION OF LIABILITY
11.1 Sillies will deliver the Goods to the best of its abilities and, in doing so, will exercise the required due care. The Customer acknowledges that minor deviations and deviations that are generally considered acceptable in respect of the quality, size, color, finishing, etc. of Goods cannot be avoided or are difficult to avoid. Sillies will not be liable for any damage that the Customer sustains as a result of such deviations. 11.2 Sillies liability will be limited to an amount equal to the Purchase order payable to Sillies pursuant to the provisions of the Confirmation of order, except in the case of intent or willful recklessness on the part of Sillies.
11.3 Sillies will not be liable in any way whatsoever for consequential loss (including but not limited to lost profit, lost savings, loss due to business interruption), except in the case of intent or willful recklessness on the part of Sillies.
11.4 Sillies refers to the disclaimer with regards to its liability in respect of the Website and the use of the Website.
- FORCE MAJEURE
12.1 Sillies and the Customer are not obliged to fulfill any obligation, if they are prevented from doing so due to a circumstance not attributable to fault and which is not regarded as their responsibility, nor by virtue of the law, a legal action or a generally accepted notion.
12.2 Sillies shall not be liable or responsible for failure or delay in performing or fulfilling any obligations undertaken in reference to the sale or supply of Goods when such failure or delay is due to the occurrence of an event of force majeure such as wars, fires, earthquakes, floods, tsunami, strikes, labour or employment difficulties, shortage or procurement difficulties of raw materials, restriction on the use of power, suspension or difficulties in the transports, breakdown of the plants, acts of public authorities or any other event or cause whatsoever, similar or dissimilar, which cannot reasonably be forecast or provided against and which cannot be overcome by Sillies with reasonable diligence.
12.3 In such event, the time for fulfilment of the obligation shall be extended for the period of continuance of such force majeure event.
12.4 In the event any of such force majeure event continue for a period longer than 6 (six) months, Sillies and Customer shall have the right to terminate the underlying Agreement, by giving written notice. Sillies shall not incur any responsibility or liability whatsoever.
Unless otherwise determined these General Terms and Conditions, the Customer’s right of action and other powers to make any claim towards Sillies on any account whatsoever will end ultimately upon the lapse of one (1) year after the moment when the Customer became aware or could reasonably be aware of the existence of the right or powers in question.
- CONTINUED EFFECT
All rights and obligations arising from the Agreement that by their purport are intended to continue in force after termination of the Agreement will remain in full force after the Agreement has ended.
- ACCOUNTS AND REGISTRATION
16.1 The Customer can create an account or otherwise register on the Website. Sillies reserves the right to refuse or cancel any such registration, for example in the event of irregularities.
16.2 The login details are strictly personal and must not be disclosed to third parties. The Customer is responsible for his login details.
16.3 The Customer shall immediately alert Sillies if he suspects that his login details are known by an unauthorized third party or in the event of irregularities.
- APPLICABLE LAW
These General Terms and Conditions, and any non-contractual obligations arising thereto are governed exclusively by the laws of The Netherlands. The United Nations Convention on Contracts for the International Sale of Goods with regard to Movable Property (the ‘Vienna Sales Convention’) does not apply.
If you have any questions, comments or complaints, please contact Sillies at email@example.com.