Terms and conditions

ARTICLE 1 – Definitions

In these Terms and Conditions, the following terms shall have the following meanings:

ARTICLE 2 – The Entrepreneur’s identity

Solnce
E-mail address: info@solnce.com
Dutch Chamber of Commerce number: 56556195
VAT identification number: NL852184451B01

ARTICLE 3 – Applicability

  1. These General Terms and Conditions apply to any offer from the Entrepreneur and to any distance contract concluded by the Entrepreneur and the Consumer.
  2. Before concluding a distance contract, the Entrepreneur shall make the text of these General Terms and Conditions available to the Consumer. If this is reasonably not possible, the Entrepreneur, before concluding the distance contract, shall notify that the General Terms and Conditions can be inspected at the Entrepreneur´s and that, at the Consumer´s request, they will be sent to the Consumer free of charge as soon as possible.
  3. If the distance contract is concluded electronically, the text of these General Terms and Conditions, in deviation from the previous section and before the distance contract is concluded, may also be supplied to the Consumer electronically in such a way that the Consumer can easily store it on a long-term data carrier. If this is reasonably impossible, it will be specified where the General Terms and Conditions can be viewed electronically before concluding the distance contract, and that they will be delivered at the Consumer´s request free of charge, either via electronic means or otherwise;
  4. If in addition to these General Terms and Conditions specific product or service conditions apply, the second and third paragraphs shall apply accordingly, and in the event of contradictory General Terms and Conditions, the Consumer may always appeal to the applicable provision that is most favourable to him/her.

ARTICLE 4 – The offer

  1. If an offer is of limited duration or if certain conditions apply, it shall be explicitly stated in the offer.
  2. The offer contains a full and accurate description of the products and/or services offered. The description is suitably detailed to enable the Consumer to assess the products and/or services adequately. If the Entrepreneur makes use of pictures, they are truthful images of the products and/or services provided. Obvious errors or mistakes in the offer are not binding for the Entrepreneur.
  3. All offers contain such information that it is clear to the Consumer what rights and duties are attached to accepting the offer. This involves in particular:

ARTICLE 5 – The contract

  1. Subject to the provisions in paragraph 4, the contract becomes valid when the Consumer has accepted the offer and fulfilled the terms and conditions set.
  2. If the consumer accepted the offer via electronic means, the Entrepreneur shall promptly confirm the receipt of the acceptance of the offer via electronic means. As long as the receipt of said acceptance has not been confirmed, the Consumer may repudiate the contract.
  3. If the contract is concluded electronically, the Entrepreneur will take appropriate technical and organisational security measures for the electronic data transfer and ensure a safe web environment. If the Consumer can pay electronically, the Entrepreneur shall observe appropriate security measures.
  4. The Entrepreneur may, within the limits of the law, gather information about Consumer’s ability to fulfil his payment obligations, as well as all facts and factors relevant to responsibly concluding the distance contract. If, acting on the results of this investigation, the Entrepreneur has sound reasons for not concluding the contract, he is lawfully entitled to refuse an order or request while giving reasons, or to attach special terms to the implementation.
  5. The Entrepreneur shall send the following information along with the product or service, in writing or in such a way that the Consumer can store it in an accessible manner on a long-term data carrier:
    1. the visiting address of the Entrepreneur´s business establishment where the Consumer may get into contact for any complaints;
    2. the conditions on which and the way in which the Consumer may exercise the right of withdrawal, or, as the case may be, clear information about being exempted from the right of withdrawal;
    3. the information corresponding to existing after-sales services and guarantees;
    4. the information as stated in article 4 paragraph 3 of these Terms and Conditions, unless the Entrepreneur has already provided the Consumer with this information before the performance of the contract;
    5. the requirements for cancelling the contract if the contract has a duration of more than one year or for an indefinite period of time.
  6. If the Entrepreneur has undertaken to deliver a series of products or services, the stipulation in the previous paragraph applies to the first delivery only.

ARTICLE 6 – Right of withdrawal

When delivering products:

1. When purchasing products, the Consumer has the option to repudiate the contract without specifying any reasons for a period of at least 14 days. This period starts on the day the product is received by or on behalf of the Consumer.

2. During this period, the Consumer shall handle the product and the packaging with care. The Consumer shall only unpack or use the product to the extent necessary to judge whether he or she wishes to keep the product. If wishing to exercise the right of withdrawal, the Consumer shall return the product with all delivered accessories and, as far as reasonably possible, in the original condition and packaging to the Entrepreneur in conformity with the Entrepreneur´s reasonable and clear instructions.

When providing services

3.  When providing services, the Consumer has the option to repudiate the contract without specifying any reasons, for a period of at least 14 days starting on the day of concluding the contract.

4. To exercise the right of withdrawal, the Consumer shall follow the reasonable and clear instructions given by the Entrepreneur in this context during the offer and/or before the delivery.

ARTICLE 7 - Costs in case of withdrawal

1. Should the Consumer exercise the right of withdrawal, she shipping costs are at the Consumer´s expense.

2. If the Consumer has made a payment, the Entrepreneur shall return the cost of the product as soon as possible, but within not more than 30 days after the return or withdrawal.

ARTICLE 8 - Exclusion of the right of withdrawal

1. If the Consumer does not have the right of withdrawal, the Entrepreneur can exclude this right only if the Entrepreneur indicated this clearly in the offer or at least in good time before concluding the contract.

2. Exclusion of the right of withdrawal is only possible for products:

  1. that were realised according to the Consumer’s specifications;
  2. that are obviously personal in nature;
  3. that cannot be returned due to their nature;
  4. that spoil or age quickly;
  5. whose prices are subject to fluctuations in the financial market that are beyond the Entrepreneur’s control;

ARTICLE 9 - The price

1. The prices of the products and/or services provided shall not be raised during the validity period stated in the offer, subject to changes in price due to changes in VAT rates.

2. Contrary to the previous paragraph, the Entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market that are beyond the Entrepreneur’s control, at variable prices. The offer will state the possibility of being subject to fluctuations and the fact that any indicated prices are target prices.

3. All prices indicated in the provision of products or services are including VAT.

ARTICLE 10 – Conformity and Guarantee

1. The Entrepreneur guarantees that the products and/or services comply with the contract, 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 on the day the contract was concluded.

2. An arrangement offered as a guarantee by the Entrepreneur, Manufacturer or Importer shall not affect the rights and claims the Consumer may exercise against the Entrepreneur about a failure in the fulfilment of the Entrepreneur’s obligations based on the law and/or the distance contract.

ARTICLE 11 – Delivery and execution

1. The Entrepreneur shall exercise the best possible care when booking and when executing product orders, and when assessing requests for the provision of services.

2. The place of delivery is at the address given by the Consumer to the company.

3.With due observance of the stipulations in Article 4 of these General Terms and Conditions, the Company shall execute accepted orders with convenient speed but at least within 30 days, unless a longer delivery period was agreed. If the delivery has been delayed, or if an order cannot be filled or can be filled only partially, the Consumer shall be informed about this within one month after ordering. In such cases, the Consumer is entitled to repudiate the contract free of charge and with the right to possible compensation.

4. In the event of repudiation under the preceding paragraph, the Entrepreneur shall return the payment made by the Consumer as soon as possible but at least within 30 days after repudiation.

5. If delivering an ordered product turns out to be impossible, the Entrepreneur shall make an effort to offer an equivalent replacement product. Before the delivery, it shall be reported in a clear and comprehensible manner that a replacement product will be delivered. 

6. Unless explicitly agreed otherwise, the risk of loss of and/or damage to products shall remain with the Entrepreneur until the time they are delivered to the Consumer.

ARTICLE 12 – Termcontracts: duration, termination and renewal

Notice

1. Regarding a indefinite contract, which extends to the regular delivery of products (including electricity) or services the consumer may terminate at any time in compliance to the applicable termination rules and a notice of up to one month.

2. Regarding a definite contract, which extends to the regular delivery of products (electricity included) or services the consumer  can terminate the contract at any time at the end of the fixed term in compliance with the applicable termination rules and with a notice of at the most one month.

3. Consumers can the agreements mentioned in the preceding paragraphs:

Extension

4. A contract for a definite period, which extends to the regular delivery of products (including electricity) or services may not be automatically extended or renewed for a fixed period.

5. Notwithstanding the preceding paragraph, a contract for a definite period, which extends to the regular delivery of daily news and weekly newspapers and magazines be tacitly renewed for a maximum of three months if the consumer agreement that has been extended towards the end of the extension may be terminated with a notice of up to one month.

6. A contract for a definite period, which extends to the regular delivery of products or services may only be extended tacitly for an indefinite period if the consumer may cancel at any time with notice of one month and a notice of up three months if the contract is about regularly, but less than once a month, delivering daily, news and weekly newspapers and magazines.

7. Agreements with a limited duration of regular delivery of trial days, news and weekly newspapers and magazines (trial or introductory subscription) is terminated automatically and not tacitly continued after the trial or introductory

Duration

8. If a contract lasts more than one year, after one year of the agreement the consumer may at any time terminate with a notice of up to one month prematurely, unless the reasonableness and fairness resisting the termination before the end of the agreed term.

ARTICLE 13 – Payment

1. Unless otherwise agreed, the amounts to be paid by the Consumer are to be settled in advance by the payment methods provided by the Entrepreneur. 

2. The Consumer has the duty to inform the Entrepreneur promptly of possible inaccuracies in the payment details.


ARTICLE 14 – Complaints procedure

1. The Entrepreneur shall have a sufficiently notified complaints procedure and shall handle the complaint in accordance with this complaint procedure.

2. Complaints about the performance of the contract shall be submitted to the Entrepreneur fully and clearly described within a reasonable time after the Consumer has discovered the defects.

3. The complaints submitted with the Entrepreneur shall be replied within a period of 14 days after the date of receipt. Should a complaint demand a foreseeable longer time for handling, the Entrepreneur shall respond within 14 days with a notice of receipt and an indication when the Consumer can expect a more detailed reply.

4. A complaint about a product, a service or an after-sales service that the Entrepreneur provided can also be submitted via a complaints form given at the website of Stichting Webshop Keurmerk www.keurmerk.info. The complaint will then be sent both to the Entrepreneur in question and to Stichting Webshop Keurmerk.

5. If the complaint cannot be solved in joint consultation, there will be a dispute that is open to the dispute settlement rules.

ARTICLE 15 - Disputes

1. Contracts between the Entrepreneur and the Consumer, to which these General Terms and Conditions apply, are exclusively governed by Dutch law.

Most recently changed on December 8th, 2013