Buying terms
GENERAL CONDITIONS OF SALE at WWW.IWHITE.BE
1) Scope of application
2) Placing the order
3) Confirming the order
4) Prices
5) Availability
6) Product information
7) After-sales guarantee and service
8) Payment
9) Delivery
10) VAT
11) Liability
12) Cancellation
13) Right of reflection – Satisfaction or refund
14) Privacy
15) Disputes
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.iwhite.be (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.iwhite.be
(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.iwhite.be 24/7
- Via email using the address info@sylphar.be
- 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.
4. Prices
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.
5. Availability
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.
8. Payment
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.
9. Delivery
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.
10. VAT
Tax-free delivery
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.
11. Liability
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
iWhite. Sylphar rejects any liability if the content of these sites
were to be in breach of any legal provisions, rules or regulations
in force.
12. Cancellation
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 eight 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.
14. Privacy
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 info@sylphar.be.
Only Sylphar holds your information. Only Sylphar can forward
information to you regarding specific and time-focused promotion
campaigns.
15. Disputes
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.
