Terms and conditions

General Terms and Conditions

www.sillaacapulco.com

Contents:

Article 1 - Definitions

Article 2 - Identity of the trader/entrepreneur

Article 3 - Applicability

Article 4 - The offer

Article 5 - The agreement

Article 6 - Right of withdrawal

Article 7 - Costs in case of withdrawal

Article 8 - Exclusion of right of withdrawal

Article 9 - The price

Article 10 - Compliance and Warranty

Article 11 - Delivery, execution and damage

Article 12 - Duration Trades:  duration, termination and renewal

Article 13 - Payment

Article 14 - Complaints

Article 15 - Additional or different terms

Article 1 – Definitions

In these General Terms and Conditions, the following terms are defined:
 

1. Reconsideration period: The period during which the consumer can exercise his right of withdrawal;
2. Consumer: the natural person not acting in the exercise of a profession or business and concludes a remote agreement with the entrepreneur;
3. Day: a calendar day;
4. Duration transaction: a remote agreement concerning a range of products and / or services, the supply and / or purchase is spread over time;
5. Durable medium: any means that the consumer or business that enables to store in a way that future consultation and unaltered reproduction of the stored information that is personally addressed to him.
6. Right of withdrawal: the possibility a consumer has to cancel the remote agreement within the reconsideration period.
7. Entrepreneur: the natural or legal person who offers products and / or services to consumers;
8. Remote agreement: an agreement in the framework of a system organized by the Entrepreneur for remote sale of products and / or services, to conclude the agreement exclusive use is made of one or more means of remote communication;
9. Technology for remote communication: means that can be used to conclude an agreement without the consumer and trader being in the same area. 

Article 2 - Identity of the trader/entrepreneur

Netherlands:

Fair Furniture B.V.
Altenaweg 8, 5145PC, Waalwijk
5013BX, Tilburg

The Netherlands

Phone Number:

(0031)653761963

E-mail address: [email protected]

VAT identification Netherlands: NL857885017B01

Chamber of Commerce No.: 69470650

E-mail address:

[email protected]

Article 3 - Applicability

1. These general conditions apply to every offer of the entrepreneur and every remote agreement concluded between entrepreneur and consumer .
2. Before the remote agreement is concluded, the text of these general conditions is made available to the consumer.
3. The most recent version of these General Terms and Conditions shall always be available through the homepage of the website www.sillaacapulco.com

Article 4 - The offer

1. If an offer is of limited duration or subject to conditions, this will be explicitly stated in the offer.
2. The offer includes a complete and accurate description of the products and / or services. The description is sufficiently detailed to enable the consumer to assess the offer adequately.  If the trader uses images, these are a true representation of the products and / or services. www.sillaacapulco.com cannot, however, guarantee that the colors of the items shown in the webshop agree exactly with the actual colors of the items. How color is represented depends on the settings of the user’s computer. Obvious errors or mistakes in the offer are not binding to trader.
3. Each offer contains such information that it is clear to the consumer what rights and obligations are attached. This concerns in particular: 

• Price including taxes;
• Delivery costs, if applicable;
• How the agreement will be achieved and what actions are required;
• Whether or not the right of withdrawal is applicable;
• The method of payment, delivery or performance of the agreement;
• The time frame for accepting the offer, or the time frame within which trader honors the price;
• The rate of distance communication if the costs of using the technique for distance communication are calculated on a basis other than the basic rate for the communication;
• Whether the agreement is filed after conclusion, and if so, how this can be accessed by the consumer;
• In which way the consumer may acquaint him/herself with undesired actions before the conclusion of the agreement and in which way he/she may correct these actions.

 
Article 5 - The agreement

1. The agreement is subject to the provisions of paragraph 4. The agreement becomes solid when the consumer accepts the offer and meets the corresponding conditions.
2. If the consumer has accepted the offer electronically, the trader will immediately confirm receipt of electronic acceptance of the offer. As long as this acceptance has not been confirmed, the consumer shall be able to repudiate the agreement.
3. If the agreement is created electronically, the trader will take appropriate technical and organizational measures to protect the electronic transfer of data and he will ensure a secure web environment. If the consumer pays electronically, the trader will take appropriate safety precautions.
4. The entrepreneur can, within the law, gather information about the consumer’s ability to fulfill his/her payment obligations, as well as all facts and factors relevant to concluding the agreement. If, acting on the results of this investigation, trader has good reason not to conclude the agreement, he/she shall be entitled to refuse an order or application, while stating reasons, or to attach special terms to its performance.
5. Along with the item, trader shall send the consumer the following information in writing or in such a way that the consumer can store it in an accessible manner on a long-term data carrier: Contact information, conditions and explanation right of withdrawal, information regarding after-sales services and guarantees and the address to which items can be returned. The information as stated in Article 4, par. 3 of these General terms and Conditions, unless entrepreneur has already provided the consumer with this information before the performance of the agreement.

Article 6 - Right of withdrawal

1. When purchasing items, the Consumer has the option of repudiating the Agreement without specifying any reasons for a period of 14 workdays after the delivery of the item to the Consumer. This period starts on the day the items are received by, or on behalf of, the Consumer, this date being recorded by the delivery service.
2. During this period, the Consumer shall handle the items and packaging with care and shall only unpack or use the items to the extent necessary to judge whether he/she wishes to keep the product. If wishing to exercise the right of withdrawal, the Consumer shall return the items, provided with the original labels still attached and with all delivered accessories and in the original condition and packaging to www.sillaacapulco.com / trader in conformity with trader’s instructions stated at the webshop.

Article 7 - Costs in case of withdrawal

1. Should the consumer exercise his right of withdrawal, the costs of returning the goods shall be born by the consumer. The consumer is responsible for returning the product to the warehouse of sillaacapulco.com in The Netherlands.
2. If the consumer has already paid the purchase price for the item, trader shall return this amount as soon as possible, but within not more than 30 days after the return or withdrawal.

Article 8 - Exclusion of right of withdrawal

1. Trader can exclude the consumer’s right of withdrawal only if trader indicates this clearly in the offer or at least in good time before concluding the Agreement.
2. Exclusion of the right of withdrawal is only possible for items:

a. that were realized by trader according to the consumer’s specifications;

b. that are obviously personal in nature; 

c. that cannot be returned due to their nature (for hygienic reasons, for example).

Article 9 - The price

Subject to changes in price due to changes in VAT rates, the prices of the items provided by trader shall not be raised during the validity period stated in the offer.

The prices indicated in the offer include VAT.

Article 10 - Compliance and Warranty 

1. Trader guarantees that the items comply with the agreement, with the specifications listed in the offer, with reasonable requirements of usability and/or reliability and with the existing statutory provisions and/or government regulations that applied on the day the agreement was concluded.
2. Trader does not accept liability, however, for defects which have arisen after delivery of the items as a result of incompetent use or negligence, or which have arisen from changes to the delivered item introduced by the consumer or a third party. Neither does trader accept liability for any damage caused by these failings.
3. An arrangement offered as a guarantee by trader, the manufacturer or importer shall not affect the rights and claims the consumer may exercise against trader about a failure in the fulfillment of trader’s obligations based on the law and/or the agreement.

 

Article 11 - Delivery, execution and damage

1. Chairs bought with a gift voucher for Europe can only be shipped to the following countries:
   Andorra, Austria, Belgium, Denmark, Finland, France, Germany, Greece, Luxembourg, Portugal, Spain and Sweden. 
2. Trader shall exercise the best possible care when receiving and processing orders for the items.
3. The place of delivery is at the address given by the Consumer to trader.
4. We ship according to incoterms DAP (delivered at place). This means that the buyer is always responsible for import clearance and any applicable local taxes or import duties.
5. With due observation of the stipulations in Article 4 of these General Terms and Conditions, trader shall make every effort to execute accepted orders within at least 30 days unless a longer delivery period was specified. If the delivery has been delayed, or if an order cannot be filled or can be filled only partially, the consumer should be informed of this within 30 days after he/she placed the order. In such cases, the consumer is entitled to repudiate the agreement, for the part of it that cannot be executed, free of charge.
6. In the event of repudiation under the preceding paragraph, trader shall return the payment made by the consumer as soon as possible but at least within 30 days after repudiation.
7. If delivering an ordered item turns out to be impossible, traders’s sole obligation shall be to deduct the costs of the item in question from the total costs or to refund these costs.
8. Unless explicitly agreed otherwise, the risk of loss of and/or damage to items shall remain with trader until the time they are delivered to the consumer. 
9. Upon receipt of your parcel or pallet shipment, we ask you to carefully check for damage to the package and contents. If damage is found, it is important that you do not accept the shipment and a report is made of the damage on the freight bill (bill of lading/packing slip) of the carrier. Every sign of damage must be reported and claimed BEFORE the shipment is accepted.

Silla Acapulco and Fair Furniture B.V. cannot be held responsible for damage that is detected AFTER the receipt and acceptance of the shipment.

Article 12 - Duration Trades: duration, termination and renewal

Inapplicable

Article 13 - Payment

Our online payment methods are provided by Buckaroo . Buckaroo specializes in the safe handling of internet payments. It uses a platform where you can pay secure, via a SSL ( secure ) connection.

Within our webshop www.sillaacapulco.com you can safely pay with iDEAL, Credit Card, PayPal or bank transfer.

We do not accept payments by telephone. All payments must be executed through our website.

For questions; [email protected]

Article 14 - Complaints

1. Complaints about the implementation of the agreement should be submitted to the trader, promptly, fully and clearly described, after the consumer has discovered the defects.
2. Complaints submitted to trader shall be replied to within a period of 14 days after the date of receipt. Should a complaint demand a foreseeable longer time for handling, trader shall respond within 14 days with a notice of receipt and an indication of when the consumer can expect a more detailed reply.

Article 15 - Additional or different terms

Individual deviations, including additions and extensions made to these General Terms and Conditions, are to be laid down in writing between trader and the consumer.