Terms and Conditions of Sale
Where to find information about us and our products
You can find everything you need to know about us, Sylva Phantom Limited trading as Official Sylva through the website www.officialsylva.com (our site), and our products on our site before you order. We also confirm the key information to you in writing by email.
When you buy from us you are agreeing with these terms of sale (terms):
Important Information
Deliveries: We do not take responsibility for the courier service
SYLVA cannot be held liable for lost, damaged or stolen parcels. Once your parcel had been handed to the courier, it is their responsibility to deliver your parcel. We are not responsible to claim the lost, damaged or stolen parcels for you however we will do our best to provide you with relevant information for you to make the claim directly with the courier. By making a purchase from the SYLVA website, you understood and agreed to these conditions.
We only accept orders when we've checked them
We contact you to confirm we've received your order and to confirm we've accepted it.
Sometimes we reject orders
Sometimes we reject orders, for example, because a product is unexpectedly out of stock because you are located outside the UK as stated on our site or because the product was mispriced by us. When this happens, we let you know as soon as possible and refund any sums you have paid.
We charge you when you order
However, for some products (e.g. digital content subscriptions) we take payment at regular intervals, as explained to you during the order process. If your product is goods (rather than digital content), you will own it once we have received payment in full.
We're not responsible for delays outside our control
If our supply of your product is delayed by an event outside our control, we contact you as soon as possible to let you know and do what we can to reduce the delay. As long as we do this, we won't compensate you for the delay, but if the delay is likely to be substantial you can contact our customer service team: contact@officialsylva.com to end the contract and receive a refund for any products you have paid for in advance, but not received.
Products can vary slightly from their pictures
A product's true colour may not exactly match that shown on your device or in our marketing or its packaging may be slightly different.
We charge you if you don't give us information we need
We may charge you additional sums if you don't give us information we've asked for about how we can access your property for delivery, installation or to provide services or if you don't do preparatory work for installation, as agreed with us. For example, we might need to re-deliver on another vehicle or with extra manpower, reschedule services etc.
When you buy a product online, you have a legal right to change your mind
Your legal right to change your mind. For most of our products bought online you have a legal right to change your mind about your purchase and receive a refund of what you paid for it, including the delivery costs. This is subject to some conditions, as set out below.
Duties & taxes
SYLVA ships from the UK, any duties or taxes incurred for outside of the UK are not covered by SYLVA and is the responsibility of the customer to pay.
Your legal rights
14 days to change your mind
You pay costs of return
When you can't change your mind. You can't change your mind about an order for:
digital products, after you have started to download or stream these;
services, once these have been completed;
products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them;
sealed audio or sealed video recordings or sealed computer software, once these products are unsealed after you receive them;
goods that are made to your specifications or are clearly personalised; and
goods which become mixed inseparably with other items after their delivery.
The deadline for changing your mind. If you change your mind about a product you must let us know no later than 14 days after:
the day we deliver your product, if it is goods, for example a garment. If the goods are for regular delivery (for example, a subscription), you can only change your mind after the first delivery. If the goods are split into several deliveries over different days, the period runs from the day after the last delivery.
the day we confirm we have accepted your order, if it is for a service, for example an online one-on-one yoga lesson.
the day we confirm we have accepted your order, if it is for digital content for download or streaming (for example, online recorded yoga classes), although you cannot change your mind about digital content once we have started providing it.
How to let us know. To let us know you want to change your mind, contact our customer service team: contact@officialsylva.com
You have to return the product at your own cost. If your product is goods, for example, a garment, you have to return it (and any free gifts provided with it) to us within 14 days of your telling us you have changed your mind. Returns are at your own cost, unless we offered free returns when you bought the goods. You can: send the product back to us, using an established delivery service. If you do this you should keep a receipt or other evidence from the delivery service that proves you have sent it and when you sent it. If you don’t do this and we don’t receive the goods at all or within a reasonable time we won't refund you the price. For help with returns, including our collection arrangements for goods that can't be posted please contact our customer service team: contact@officialsylva.com.
We only refund standard delivery costs. We don't refund any extra you have paid for express delivery or delivery at a particular time.
You have to pay for services you received before you change your mind. If you bought a service we don't refund you for the time you were receiving it before you told us you'd changed your mind.
We reduce your refund if you have used or damaged a product. If you handle the product in a way that would not be acceptable in-store, we reduce your refund, to compensate us for its reduced value. For example, we reduce your refund if the product's condition is not "as new", price tags have been removed, the product-branded packaging is damaged or accessories are missing. In some cases, because of the way you have treated the product, no refund may be due.
When and how we refund you. If your product is a service, digital content or goods that haven't been delivered or that we're collecting from you, we refund you as soon as possible and within 14 days of you telling us you've changed your mind. If your product is goods that you're sending back to us, we refund you within 14 days of receiving them back from you (or receiving evidence you've sent them to us). We refund you by the method you used for payment. We don't charge a fee for the refund.
How to end an on-going contract
We tell you when and how you can end an on-going contract with us (for example, for regular services or a subscription to digital content or goods) during the order process and we confirm this information to you in writing after we've accepted your order. If you have any questions, please contact our customer service team: contact@officialsylva.com.
You have rights if there is something wrong with your product
If you think there is something wrong with your product, you must contact our customer service team: contact@officialsylva.com. We honour our legal duty to provide you with products that are as described to you on our website and that meet all the requirements imposed by law. Your legal rights are summarised below. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.citizensadvice.org.uk. Remember too that you have several options for resolving disputes with us.
Summary of your key legal rights
If your product is goods, for example a garment, the Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following:
Up to 30 days: if your goods are faulty, then you can get a refund.
Up to six months: if your goods can't be repaired or replaced, then you're entitled to a full refund, in most cases.
Up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back.
If your product is digital content, for example a subscription for online recorded yoga classes, the Consumer Rights Act 2015 says digital content must be as described, fit for purpose and of satisfactory quality:
If your digital content is faulty, you're entitled to a repair or a replacement.
If the fault can't be fixed, or if it hasn't been fixed within a reasonable time and without significant inconvenience, you can get some or all of your money back.
If you can show the fault has damaged your device and we haven't used reasonable care and skill, you may be entitled to a repair or compensation
If your product is services, for example one-on-one live yoga classes, the Consumer Rights Act 2015 says:
You can ask us to repeat or fix a service if it's not carried out with reasonable care and skill, or get some money back if we can't fix it.
If a price hasn't been agreed upfront, what you're asked to pay must be reasonable.
If a time hasn't been agreed upfront, it must be carried out within a reasonable time.
We can change products and these terms
Changes we can always make. We can always change a product:
to reflect changes in relevant laws and regulatory requirements;
to make minor technical adjustments and improvements, for example to address a security threat. These are changes that don't affect your use of the product or services; and
to update digital content, provided that the digital content always matches the description of it that we provided to you before you bought it. We might ask you to install these updates.
Changes we can only make if we give you notice and an option to terminate. We can also make the following types of change to the product or these terms, but if we do so we'll notify you and you can then contact our customer service team: contact@officialsylva.com to end the contract before the change takes effect and receive a refund for any products you've paid for in advance, but not received:
Change the colour or fabric of a product
Change the type of subscription you purchased.
We can suspend supply (and you have rights if we do)
We can suspend the supply of a product. We do this to:
deal with technical problems or make minor technical changes;
update the product to reflect changes in relevant laws and regulatory requirements; or
make changes to the product (see We can change products and these terms’ section).
We let you know, may adjust the price and may allow you to terminate. We contact you in advance to tell you we're suspending supply, unless the problem is urgent or an emergency. If we suspend the product for longer than 15 days in any 3 months’ period we adjust the price so you don't pay for it while it is suspended. If we suspend supply, or tell you we're going to suspend supply, for more than 2 weeks you can contact our customer service team: contact@officialsylva.com to end the contract and we'll refund any sums you've paid in advance for products you won't receive.
We can withdraw products
We can stop providing a product, such as an ongoing service or a subscription for digital content or goods. We let you know at least 4 weeks in advance and we refund any sums you've paid in advance for products which won't be provided.
We can end our contract with you
We can end our contract with you for a product and claim any compensation due to us (including enforcement costs) if:
you don't make any payment to us when it's due and you still don't make payment within 7 days of our reminding you that payment is due;
you don't, within a reasonable time of us asking for it, provide us with information, cooperation or access that we need to provide the product, for example, cooperation and access to your property for delivery; or
you don't, within a reasonable time, either allow us to deliver the product to you or collect it from us. If you have said you will collect a product ("click and collect") but you don't do this within 14 days then (unless the product is made to your specifications or is clearly personalised) we treat your order as cancelled and refund the purchase price.
Our responsibility for loss caused by us or our products
Our products are intended for your domestic and personal use, without any direct connection with your professional activity. We're responsible for losses you suffer caused by us breaking this contract unless the loss is:
Unexpected. It was not obvious that it would happen and nothing you said to us before we accepted your order meant we should have expected it (so, in the law, the loss was unforeseeable).
Caused by a delaying event outside our control. As long as we have taken the steps set out in the section We're not responsible for delays outside our control.
Avoidable. Something you could have avoided by taking reasonable action. For example, damage to your own digital content or device, which was caused by digital content we supplied and which you could have avoided by following our advice to apply a free update or by correctly following the installation instructions or having the minimum system requirements advised by us.
We use your personal data as set out in our Privacy Notice
How we use any personal data you give us is set out in our Privacy Notice: [LINK TO PRIVACY NOTICE].
You have several options for resolving disputes with us
Our complaints policy. Our customer service team: contact@officialsylva.com will do their best to resolve any problems you have with us or our products.
Resolving disputes without going to court. Alternative dispute resolution is an optional process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. You can submit a complaint to Consumer Arbitration (a trading name of Consumer Dispute Resolution Limited (CDRL) through their website at https://www.cdrl.org.uk/consumer-arbitration. Consumer Arbitration does not charge you for making a complaint and if you're not satisfied with the outcome you can still go to court.
You can go to court. These terms are governed by English law and wherever you live you can bring claims against us in the English courts. If you live in Wales, Scotland or Northern Ireland, you can also bring claims against us in the courts of the country you live in. We can claim against you in the courts of the country you live in.
Other important terms apply to our contract
We can transfer our contract with you, so that a different organisation is responsible for supplying your product. We'll contact you to let you know if we plan to do this. If you're unhappy with the transfer you can contact our customer service team: contact@officialsylva.com to end the contract within 21 days of us telling you about it and we will refund you any payments you've made in advance for products not provided.
You cannot transfer your contract with us to someone else.
Nobody else has any rights under this contract. This contract is between you and us. Nobody else can enforce it and neither of us will need to ask anybody else to sign-off on ending or changing it.
If a court invalidates some of this contract, the rest of it will still apply. If a court or other authority decides that some of these terms are unlawful, the rest will continue to apply.
Even if we delay in enforcing this contract, we can still enforce it later. We might not immediately chase you for not doing something (like paying) or for doing something you're not allowed to, but that doesn’t mean we can't do it later.