Article 1 – Definitions

In these terms and conditions, the following terms shall have the following meanings:

• Reflection period: the period within which the consumer can exercise their right of withdrawal;

• Consumer: the natural person who is not acting for purposes relating to their trade, business, craft, or profession and who enters into a distance contract with the entrepreneur;

• Day: calendar day;

• Duration transaction: a distance contract relating to a series of products and/or services, for which the obligation of delivery and/or purchase is spread over time;

• Durable data carrier: any tool that enables the consumer or entrepreneur to store information addressed personally to them in a way that allows future consultation and unchanged reproduction of that information;

• Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the reflection period;

• Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance;

• Distance contract: an agreement concluded as part of an organized system for distance selling of products and/or services, whereby exclusive use is made of one or more means of distance communication up to and including the conclusion of the contract;

• Means of distance communication: a method that can be used for concluding a contract, without the consumer and entrepreneur having to be in the same place at the same time;

• General Terms and Conditions: these present General Terms and Conditions of the entrepreneur.

Article 2 – Identity of the Entrepreneur

• Email address: contact@soleastudio.com

• Chamber of Commerce number: 93343019

Article 3 – Applicability

These general terms and conditions apply to every offer made by the entrepreneur and to every distance agreement and order concluded between the entrepreneur and the consumer.

Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, it will be stated, before the distance contract is concluded, that the general terms and conditions can be inspected at the entrepreneur’s premises and will be sent free of charge to the consumer upon request as soon as possible.

If the distance contract is concluded electronically, and in deviation from the previous paragraph, the text of these general terms and conditions may be made available to the consumer by electronic means in such a way that it can be easily stored by the consumer on a durable data carrier. If this is not reasonably possible, it will be stated where the general terms and conditions can be accessed electronically before the distance contract is concluded, and that they will be sent free of charge electronically or by other means upon request.

In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply accordingly, and in the event of conflicting terms, the consumer may always invoke the provision most favorable to them.

If one or more provisions in these general terms and conditions are at any time wholly or partially null or void, the agreement and these conditions shall otherwise remain in force, and the relevant provision shall be replaced by mutual agreement without delay with a provision that approximates the original intention as closely as possible.

Situations not covered in these general terms and conditions must be assessed in the spirit of these general terms and conditions.

Ambiguities regarding the interpretation or content of one or more provisions must be interpreted in the spirit of these general terms and conditions.

Article 4 – The Offer

If an offer is of limited duration or subject to conditions, this will be explicitly stated in the offer.

The offer is non-binding. The entrepreneur is entitled to change and adapt the offer.

The offer contains a complete and accurate description of the offered products and/or services. The description is sufficiently detailed to allow the consumer to make a proper assessment of the offer. If the entrepreneur uses images, these are a truthful representation of the products and/or services offered. Obvious mistakes or errors in the offer do not bind the entrepreneur.

All images, specifications, and data in the offer are indicative and cannot give rise to compensation or dissolution of the agreement.

Product images are a truthful representation of the products offered. The entrepreneur cannot guarantee that the displayed colors exactly match the actual colors of the products.

Each offer contains information making it clear to the consumer what rights and obligations are attached to accepting the offer. This includes in particular:

• the price, excluding customs clearance charges and import VAT. These additional costs shall be borne by and are the responsibility of the customer. The postal and/or courier service will apply the special scheme for postal and courier services with respect to imports. This scheme applies when goods are imported into the EU country of destination, which is the case here. The postal and/or courier service will collect the VAT (possibly along with the customs clearance charges) from the recipient of the goods;

• any shipping costs;

• the manner in which the agreement will be concluded and what actions are required for this;

• whether or not the right of withdrawal applies;

• the method of payment, delivery, and execution of the agreement;

• the period during which the offer may be accepted, or the period within which the entrepreneur guarantees the price;

• the rate for distance communication if the costs of using the means of distance communication are calculated on a basis other than the regular base rate for the used means;

• whether the agreement will be archived after its conclusion and, if so, how the consumer can access it;

• the way the consumer can check and, if necessary, correct the information provided in connection with the agreement before concluding it;

• the possible other languages in which, besides Dutch, the agreement may be concluded;

• the codes of conduct to which the entrepreneur is subject and the way the consumer can consult these codes electronically;

• the minimum duration of the distance contract in the case of a continuing performance contract. Optional: available sizes, colors, and types of materials.

Article 5 – The Agreement

The agreement is concluded, subject to the provisions in paragraph 4, at the moment the consumer accepts the offer and complies with the corresponding conditions.

If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance electronically. As long as the entrepreneur has not confirmed this acceptance, the consumer may dissolve the agreement.

If the agreement is concluded electronically, the entrepreneur will implement appropriate technical and organizational measures to secure the electronic transmission of data and ensure a safe web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures for that purpose.

The entrepreneur may – within legal limits – verify whether the consumer can fulfill their payment obligations, as well as all those facts and factors that are relevant for responsibly entering into the distance contract. If, based on this investigation, the entrepreneur has good grounds not to enter into the agreement, they are entitled to refuse an order or request with reasons or to attach special conditions to the execution.

The entrepreneur will include the following information with the product or service to the consumer, in writing or in such a way that the consumer can store it in an accessible manner on a durable data carrier:

– the visiting address of the entrepreneur's business where the consumer can lodge complaints;
– the conditions under which and the way in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
– the information regarding warranties and existing after-sales service;
– the information referred to in Article 4, unless the entrepreneur has already provided this information to the consumer before the execution of the agreement;
– the conditions for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration.

In the case of a continuing performance contract, the provision in the previous paragraph applies only to the first delivery.

Every agreement is entered into under the suspensive condition of sufficient availability of the relevant products.

Article 6 – Right of Withdrawal

When purchasing products, the consumer has the option to dissolve the agreement without giving any reason for a period of 14 days. This reflection period starts on the day after the consumer, or a third party previously designated by the consumer and made known to the entrepreneur, has received the product.

During the reflection period, the consumer will handle the product and packaging with care. The consumer will only unpack or use the product to the extent necessary to assess whether they wish to keep the product. If the consumer makes use of their right of withdrawal, they shall return the product with all delivered accessories and – if reasonably possible – in the original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.

If the consumer wishes to exercise their right of withdrawal, they are obliged to notify the entrepreneur within 14 days of receiving the product. Notification must be made by written message/email. After the consumer has expressed their wish to exercise the right of withdrawal, they must return the product within 14 days. The consumer must prove that the goods have been returned in time, for example by providing proof of shipment.

If, after the expiration of the periods referred to in the second and third paragraphs, the consumer has not indicated they wish to use their right of withdrawal or has not returned the product to the entrepreneur, the purchase is considered final.

Article 7 – Costs in Case of Withdrawal

If the consumer exercises their right of withdrawal, the return costs of the products will be borne by the consumer.

If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after the withdrawal. This is subject to the condition that the returned product has already been received by the entrepreneur, or conclusive proof of the complete return can be provided.

Article 8 – Exclusion of the Right of Withdrawal

The entrepreneur may exclude the consumer’s right of withdrawal for products as described in the second and third paragraphs. The exclusion of the right of withdrawal only applies if the entrepreneur clearly stated this in the offer, or at least in a timely manner before concluding the agreement.

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

– that have been created by the entrepreneur according to the consumer’s specifications;
– that are clearly of a personal nature;
– that cannot be returned due to their nature;
– that can spoil or age quickly;
– whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence;
– for individual newspapers and magazines;
– for audio and video recordings and computer software of which the seal has been broken by the consumer;
– for hygienic products whose seal has been broken by the consumer.

Exclusion of the right of withdrawal is only possible for services:

– related to accommodation, transportation, restaurant services, or leisure activities to be performed on a specific date or during a specific period;
– that begin with the express consent of the consumer before the reflection period has expired;
– related to bets and lotteries.

Article 9 – The Price

During the validity period mentioned in the offer, the prices of the offered products and/or services will not be increased, except for price changes due to changes in VAT rates.

In deviation from the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, at variable prices. These fluctuations and the fact that any listed prices are target prices will be stated in the offer.

Price increases within 3 months after the conclusion of the agreement are only permitted if they result from statutory regulations or provisions.

Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated them and:
– they result from statutory regulations or provisions; or
– the consumer has the right to terminate the agreement as of the day the price increase takes effect.

The place of delivery is determined according to Article 5, paragraph 1, of the Dutch VAT Act 1968, in the country where the transport begins. In this case, the delivery takes place outside the EU. Accordingly, import VAT and/or customs clearance costs will be charged to the recipient by the postal or courier service. Therefore, the entrepreneur will not charge VAT.

All prices are subject to printing and typographical errors. No liability is accepted for the consequences of printing and typographical errors. In the event of printing and typographical errors, the entrepreneur is not obliged to deliver the product according to the incorrect price.

Article 10 – Conformity and Warranty

The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability, and the existing legal provisions and/or government regulations on the date of the conclusion of the agreement. If agreed upon, the entrepreneur also guarantees that the product is suitable for purposes other than normal use.

A warranty provided by the entrepreneur, manufacturer, or importer does not affect the legal rights and claims that the consumer can enforce against the entrepreneur under the agreement.

Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 14 days after delivery. Products must be returned in their original packaging and in new condition.

The warranty period provided by the entrepreneur corresponds to the manufacturer’s warranty period. However, the entrepreneur is never responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.

The warranty does not apply if:

– The consumer has repaired and/or modified the delivered products themselves or had them repaired and/or modified by third parties;
– The delivered products have been exposed to abnormal conditions or otherwise handled carelessly or contrary to the instructions of the entrepreneur and/or the packaging;
– The defect is wholly or partially the result of regulations that the government has or will impose regarding the nature or quality of the materials used.

Article 11 – Delivery and Execution

The entrepreneur will take the greatest possible care when receiving and fulfilling orders for products.

With due observance of what is stated in Article 4 of these general terms and conditions, the entrepreneur will execute accepted orders promptly but no later than 30 days, unless a longer delivery period has been agreed upon with the consumer.

If delivery is delayed, or if an order cannot be fulfilled or only partially, the consumer will be informed of this no later than 30 days after placing the order. In such a case, the consumer has the right to dissolve the agreement without costs and is entitled to possible compensation.

In the event of dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount that the consumer has paid as soon as possible, but no later than 14 days after the dissolution.

If delivery of an ordered product proves to be impossible, the entrepreneur will make an effort to provide a replacement article. At the latest upon delivery, it will be clearly and comprehensibly stated that a replacement item is being delivered. In the case of replacement items, the right of withdrawal cannot be excluded. The return costs are borne by the entrepreneur.

The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a previously designated and known representative, unless expressly agreed otherwise.

Article 12 – Continuing Performance Contracts: Duration, Termination and Renewal

Termination

The consumer may terminate an agreement entered into for an indefinite period and which involves the regular delivery of products (including electricity) or services at any time, subject to the agreed termination rules and a notice period of no more than one month.

The consumer may terminate a fixed-term agreement that involves the regular delivery of products (including electricity) or services at any time at the end of the fixed term, subject to the agreed termination rules and a notice period of no more than one month.

The consumer may, in the previous paragraphs:

– terminate at any time and not be limited to termination at a specific time or in a specific period;
– terminate in the same manner as the agreement was entered into;
– always terminate with the same notice period as the entrepreneur has stipulated for themselves.

Renewal

A fixed-term agreement that involves the regular delivery of products or services may not be tacitly renewed or extended for a fixed duration.

By way of exception to the previous paragraph, a fixed-term agreement that involves the regular delivery of daily or weekly newspapers or magazines may be tacitly renewed for a fixed term of no more than three months, provided the consumer can terminate this renewed agreement at the end of the renewal with a notice period of no more than one month.

A fixed-term agreement that involves the regular delivery of products or services may only be tacitly renewed for an indefinite period if the consumer may terminate at any time with a notice period of no more than one month and a notice period of no more than three months if the agreement involves the regular but less than monthly delivery of daily or weekly newspapers or magazines.

A fixed-term agreement for the regular delivery of daily or weekly newspapers or magazines by way of introduction (trial or introductory subscription) shall not be tacitly continued and shall automatically end after the trial or introductory period.

Duration

If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time after one year with a notice period of no more than one month, unless reasonableness and fairness dictate otherwise.

Article 13 – Payment

Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the start of the reflection period as referred to in Article 6, paragraph 1. In the case of an agreement to provide a service, this period begins after the consumer has received the confirmation of the agreement.

The consumer has the obligation to report any inaccuracies in provided or stated payment details to the entrepreneur without delay.

In the event of non-payment by the consumer, and subject to legal restrictions, the entrepreneur has the right to charge the reasonable costs previously made known to the consumer.

Article 14 – Complaints Procedure

Complaints about the execution of the agreement must be submitted fully and clearly described to the entrepreneur within 7 days after the consumer has discovered the defects.

Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within the 14-day period with a confirmation of receipt and an indication of when the consumer can expect a more detailed answer.

If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute resolution procedure.

A complaint does not suspend the entrepreneur’s obligations, unless the entrepreneur indicates otherwise in writing.

If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at their discretion, either replace or repair the delivered products free of charge.

Article 15 – Disputes

Contracts between the entrepreneur and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law, even if the consumer resides outside the Netherlands.