Sylphar sa/nv seeks to maintain lasting partner relationships with its clients and to meet their expectations in full. These general sales terms and conditions must be seen as a framework that enables this partner relationship to be maintained.
1. Scope of application
The general sales terms and conditions set out below (hereafter the “general conditions”) govern the contractual relationships between every user of the site www.sylphar.com (hereafter referred to as the “user”, the “buyer” or “you”) and Sylphar, a public limited company, with registered offices at Xavier De Cocklaan 42, 9831 Deurle, Belgium.
These general conditions are the only conditions that apply and replace all other conditions, unless a variation is agreed explicitly and in writing in advance. 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 (hereafter the “site”). Sylphar assumes that, by confirming your order, you have read the general sales terms and conditions and accepted them without any reservation, even in the event that they conflict with your own purchase terms and 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 through our website www.sylphar.com 24 hours per day, 7 days per week.
Sylphar then confirms receipt of your order by e-mail. An order may not be cancelled once the goods ordered have been dispatched.
3. Confirming the order
For security reasons, all orders placed via the website are checked and confirmed by e-mail. In order to confirm your order, additional information may be requested or required, such as payment terms conditions, delivery date and collection options.
In order to avoid delays, please provide the following information with your order:
- Your name and/or company
- An e-mail address
- A daytime telephone number at which Sylphar can contact you.
For each order that is to be dispatched by Sylphar, the company reserves the right to ask for proof of identity or place of residence.
Sylphar reserves the right to reject an order. Our obligations take effect officially only after a period of five days from the date on which the buyer places his order and provided that during this period we have not rejected the order form, in full or in part, by e-mail or registered letter sent to the address of the buyer given 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, including VAT but excluding delivery costs. Any delivery costs are to be borne by the user, unless otherwise stated, and will be invoiced together with the order, over and above the price of the products selected. You will be informed of these delivery costs by the customer service department at the time the order is confirmed. Sylphar reserves the right to change its prices at any time, but undertakes to apply 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 take precedence. In the event of a difference in the price for a given item, Sylphar reserves the right to determine the definitive price.
Your order will be delivered subject to the limits of our available stocks.
In the event that one of the products ordered is not in stock, Sylphar undertakes to inform you via e-mail or by phone of the date by which this product will be delivered to you.
6. Product information
The photos shown 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. Warranty and after-sales service
For products that include electrical components, Sylphar refers to the leaflet supplied with the product for the warranty and the correct way to use the item. In order to avail of the warranty, you must contact Sylphar’s customer services department.
Regardless of the problem with your product, you should in any event include a copy of the purchase invoice with the faulty product.
The warranty does not apply to damage caused by incorrect use, misuse, negligence, incorrect management, lack of maintenance, battery life, normal wear and tear or use, penetration of dirt or water, as well as defects that can have a destructive effect on the value or operation of the product. The warranty becomes void if repairs are undertaken by unauthorised persons.
All goods remain the property of Sylphar and may not be transferred to a third party until the full purchase price has been paid by the client.
The payment for your order can be made using a credit card (Visa or Mastercard) or bank (debit) card when you place the order.
For payment by credit card, the account concerned is charged on the day of your order, subject to approval being given by the competent payment processing centre. This authorisation is necessary for your order to be accepted. In this case, the payment by credit card is effected using the "Ogone" security system, which encrypts your bank details.
Deliveries are made by Sylphar or Sylphar may make use of the services of couriers to carry out deliveries.
The delivery prices stated on the site are in euros.
Sylphar shall never be held liable for complications and costs arising from circumstances such as:
- No-one present to receive the goods;
- Works that block access to roads or passageways; or
- Lack of space for the delivery.
The delivery dates communicated on confirmation of the order are approximate dates only. Sylphar undertakes to comply with the delivery dates 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 accordance with the order and, where appropriate, write and sign any reservations you have regarding the delivery on the order form.
You must confirm your reservations by post or e-mail to Sylphar customer services on the same day or, at the latest, one working day after your order is received. No complaints lodged after this period can be accepted and indemnifies Sylphar of any liability whatsoever with regard to the user.
If products have to be returned to Sylphar, this must be done within two working days of delivery to Sylphar's address. Returned goods will be accepted only if they are in their original condition, i.e. in their packaging, with the accessories and user manual. Shipping costs are to be borne by the user.
The prices on the site include VAT and are invoiced in accordance with the VAT legislation.
Sylphar may not be held liable for non-performance of the contract as a result of force majeure, disruption or strike action on any scale by the postal services and means of transport or communication, floods, fire or war. Sylphar is not required to provide evidence that the circumstance was unforeseeable, or irresistible or of the impossibility of performing the contract. If one of the above circumstances should prevent the execution of the order, then Sylphar reserves the right to cancel the sale without any further liability.
Sylphar cannot in any event be held liable for any consequential damage, operating losses, loss of income, damages or costs resulting from 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 websites other than Sylphar's website. Sylphar rejects any liability if the content of these sites were found 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 with the approval of Sylphar’s customer service department. A cancellation can result in damages amounting to 30% of the order value, excluding loading and freight charges for the execution of the order.
13. Right of reflection
In accordance with legal provisions, you are entitled to a reflection period of 14 working days from the date of delivery, to return a product with which you are not satisfied. You must inform Sylphar of your wish to cancel within a period of 14 calendar days, without providing any reason, and without additional cost. Within this period you can return the product to Sylphar at your own expense, together with the invoice. Goods may only be sent back with the prior formal approval of Sylphar's customer service team, and only products that were delivered less than 14 days previously.
Only products returned to Sylphar in mint condition and in their original packaging, including 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, except the shipping costs. Assuming that the user exercises his right of reflection, he has the choice of either requesting reimbursement of the amounts paid, an exchange for the product, or accepting a credit voucher for the same value. In the case of an exchange, the new products are shipped at the user's expense.
In the case that the right of reflection is exercised, Sylphar will do its utmost to reimburse the user as quickly as possible. The time required 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 caused by incorrect use, misuse, negligence, incorrect management, lack of maintenance, battery expiry, normal wear and tear or use, penetration of dirt or water, as well as defects that can have a destructive effect on the value or operation of the product. The warranty becomes void if repairs are undertaken by unauthorised persons.
The user is reimbursed via a transfer to his bank account.
Sylphar takes your privacy seriously. Sylphar therefore only processes the data that are necessary to provide (and improve) its services, and handles the information that is collected about you and your use of our services carefully. Sylphar will never provide your data to third parties for commercial purposes.
The data that you share are necessary for the processing and despatch of your orders, and for preparing invoices. 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 a 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. You can submit a request to Sylphar at any time to find out what data Sylphar holds about you. You can rectify these data at any time.
About the processing of data
You can see below how Sylphar processes your data, where Sylphar stores these or has them stored, which technical security measures Sylphar applies and who has access to the data.
Web hosting - Sylphar and related websites
Sylphar purchases web hosting and e-mail services from Combell. Combell processes personal data on behalf of Sylphar and does not use your data for its own purposes. This party can, however, collect metadata about the use of the services. These are not personal data. Combell has taken appropriate technical and organisational measures to prevent the loss or unauthorised use of your personal data. Combell is required by contract to respect confidentiality.
Despatch and logistics
When you place an order with Sylphar, it is our task to make sure your package reaches you. Sylphar makes use of the services of couriers selected by Sylphar to carry out deliveries. For this, it is necessary for Sylphar to provide your name, and full address to these couriers. The couriers use these data only for the purposes of fulfilling their contract. In the event that the couriers use subcontractors, they will also provide your data to these third parties.
Purpose of the data processing
Overall purpose of the processing
Sylphar uses your data only for the purposes of its supply of services. This means that the purpose of processing is always directly related to the order that you have placed. Sylphar does not use your data for (targeted) marketing. If you share data with Sylphar and Sylphar uses these data in order to make contact you - when you have not requested them to do so - Sylphar will explicitly ask for your consent to do so. Your data are not shared with third parties, other than to perform our accounting, administrative and logistic obligations. These third parties are all bound to confidentiality on the basis of their contract with Sylphar or professional code or legal obligation.
Data collected automatically
Data that are collected automatically by our website are processed for the purposes of further improving our services. These data (for example your web browser and operating system) are not personal data.
Collaboration with tax and criminal investigations
In such instances, Sylphar may be required on the basis of legal obligations to share your data in relation to tax or criminal investigations or by public authorities. In this case Sylphar is obliged to share your data, but Sylphar will object to this to the extent permitted by the law.
Sylphar retains your data for as long as you are a customer. This means that Sylphar retains your customer profile until you state that you no longer wish to make use of our services. If you inform Sylphar of this, it will also be interpreted as a request to be forgotten. Based on the relevant administrative obligations, Sylphar must retain invoices with your (personal) data, these data will therefore be retained by Sylphar for as long as the relevant periods last. Employees will no longer have access to your customer profile and the documents that Sylphar prepared as a result of your order.
Based on the applicable European legislation, you as the data subject have certain rights in relation to the personal data that are processed by or on behalf of Sylphar. Sylphar explains below which rights these are, and how you can exercise these rights.
Firstly, Sylphar will seek to prevent misuse by sending photocopies or copies of your data only to the e-mail address we already hold for you. In the event that you want to receive the data at a different e-mail address or, for example, by post, then Sylphar will ask you to approve this. Sylphar has created an administrative system for processed requests, in the event of a request to be forgotten, then Sylphar will manage anonymised data. All photocopies and copies of data will be provided to you in the data classifications that Sylphar applies within its own systems.
You have the right at all times to submit a complaint to the Privacy Commission if you suspect that Sylphar is using your personal data in an inappropriate manner.
Right of access
You have the right at any time to view the data that Sylphar processes or has processed that relate to you personally or can be linked to you personally. You can send Sylphar a request to see it through our contact person for privacy matters. You will receive a reply to your request within 30 days. If your request is approved, then Sylphar will send you a copy of all the data to the e-mail address which it holds for you, together with an overview of the processors who have access to these data, and indicating the category under which Sylphar has stored these data.
Right to rectification
You have the right at any time to have corrections made to the data that Sylphar processes or has processed that relate to you personally or can be linked to you personally. You can send Sylphar a request to see it through our contact person for privacy matters. You will receive a reply to your request within 30 days. If your request is accepted, Sylphar will send you a confirmation that the data have been rectified to the e-mail address it holds for you.
Right to restrict processing
You have the right at any time to restrict the data that Sylphar processes or has processed that relate to you personally or can be linked to you personally. You can send Sylphar a request to see it through our contact person for privacy matters. You will receive a reply to your request within 30 days. If your request is accepted, Sylphar will send you a confirmation that until you lift the restriction, the data will no longer be processed, to the e-mail address it holds for you.
Right to data portability
You have the right at any time to have the data that Sylphar processes or has processed that relate to you personally or can be linked to you personally, processed by another party. You can send Sylphar a request to see it through our contact person for privacy matters. You will receive a reply to your request within 30 days. If your request is approved, then Sylphar will send you a photocopy or copies of all your data that Sylphar has processed or that has been processed by other processors or third parties on behalf or Sylphar, to the e-mail address it holds for you. It is highly probable that in this case Sylphar will be unable to continue to provide services to you, because secure connections between data files can no longer be guaranteed.
Right of complaint and other rights
In the following cases you have the right to submit a complaint against the processing of your personal data by or on behalf of Sylphar. If you submit a complaint, Sylphar will immediately cease all processing of data until a conclusion is reached on your complaint. If your complaint is upheld, then Sylphar will provide you with photocopies and/or copies of the data that Sylphar processes or has processed, and will then terminate processing permanently.
According to the law, you also have the right not to be subjected to any automated individual decisions or profiling. Sylphar will therefore never process your data in either of the above manners. If you believe that this has indeed been done, please contact Sylphar's contact person for privacy matters.
Xavier De Cocklaan 42, B-9831 Deurle
T +32 (0)9/321 70 80