Terms and conditions

Table of Contents:

Article 1 - Definitions

Article 2 - Trader Identity

Article 3 - Scope

Article 4 - The Offer

Article 5 - The Agreement

Article 6 - Right of Withdrawal

Article 7 - Consumer Obligations During the Cooling-Off Period

Article 8 - Exercise of the Right of Withdrawal by the Consumer and Associated Costs

Article 9 - Trader Obligations Upon Withdrawal

Article 10 - Exclusion of the Right of Withdrawal

Article 11 - The Price

Article 12 - Performance and Additional Guarantee

Article 13 - Delivery and Performance

Article 14 - Payment

Article 15 - Complaints Procedure

Article 16 - Disputes

Article 17 - Additional or Deviating Provisions

Article 1 - Definitions

For the purposes of these terms and conditions, the following definitions apply:

Supplementary agreement: an agreement by which the consumer acquires products, digital content and/or services in connection with a distance contract and these goods, digital content and/or services are supplied by the trader or by a third party pursuant to an arrangement between that third party and the trader;
Cooling-off period: the period during which the consumer may exercise his right of withdrawal;
Consumer: a natural person who is not acting for purposes connected with his trade, business, craft or profession;
Day: calendar day;
Digital content: data produced and supplied in digital form;
Duration of agreement: an agreement that extends to the regular supply of goods, services and/or digital content over a specified period;
Durable medium: any medium - including email - that allows the consumer or trader to store information addressed to him personally in a way that enables future access or use for a period appropriate to the purpose for which the information is intended, and that allows the reproduction of the stored information in an unaltered form;
Right of withdrawal: the consumer's right to withdraw from a distance contract during the cooling-off period;
Trader: a natural or legal person who offers products, (access to) digital content and/or services to consumers at a distance;
Distance contract: a contract concluded between the trader and the consumer in the context of an organised system for the distance sale of products, digital content and/or services, where, up to and including the conclusion of the contract, exclusively or partly one or more distance communication techniques are used;
Model withdrawal form: the European model withdrawal form set out in Annex I to these terms and conditions. Annex I does not need to be made available if the consumer has no right of withdrawal in respect of his order;
Distance communication technique: a means that may be used to conclude a contract without the consumer and trader having to meet in person at the same place.

Article 2 - Trader Identity

Soli Clothing (registered name, supplemented by a trade name where applicable);

Abberdaan 206, 1046 AB Amsterdam, The Netherlands;

Telephone number: -

Email address: info@soliclothing.com

Chamber of Commerce number: 90494512

VAT identification number: NL865335928B01

If the trader's activity is subject to a relevant licensing regime: the

details of the supervisory authority.

If the trader is engaged in a regulated profession:

the professional association or organisation of which he is a member;
the professional title, the place in the EU or the European Economic Area where it is granted;
a reference to the professional rules applicable in the Netherlands and information as to where and how these professional rules can be accessed.

Article 3 - Scope

These general terms and conditions apply to any offer made by the trader and to any distance contract concluded between the trader and the consumer.
Before the distance contract is concluded, the text of these general terms and conditions shall be made available to the consumer. If this is not reasonably possible, the trader shall indicate before the distance contract is concluded how the general terms and conditions can be inspected and that they will be sent to the consumer free of charge as soon as possible upon request.
If the distance contract is concluded electronically, the text of these general terms and conditions may, notwithstanding the preceding paragraph and before the distance contract is concluded, be made available to the consumer by electronic means in such a way that the consumer can easily save it on a durable medium. If this is not reasonably possible, the trader shall indicate before the distance contract is concluded where the general terms and conditions can be inspected by electronic means and that they will be sent to the consumer free of charge by electronic means or by other means upon request.
If, in addition to these general terms and conditions, specific product or service terms and conditions also apply, the second and third paragraphs shall apply accordingly, and in the event of conflicting terms and conditions, the consumer may always rely on the applicable provision that is most favourable to him.

Article 4 - The Offer

If an offer has a limited validity period or is subject to conditions, this shall be clearly stated in the offer.
The offer shall contain a complete and accurate description of the products, digital content and/or services offered. The description shall be sufficiently detailed to enable the consumer to make an informed assessment of the offer. If the trader uses images, they shall be a faithful representation of the products, services and/or digital content offered. Obvious misunderstandings or obvious errors in the offer shall not bind the trader.
Every offer shall contain such information that it is clear to the consumer what rights and obligations are associated with accepting the offer.

Article 5 - The Agreement

Subject to the provisions of paragraph 4, the contract shall be concluded at the moment the consumer accepts the offer and complies with the conditions attached thereto.
If the consumer has accepted the offer by electronic means, the trader shall immediately confirm receipt of the acceptance by electronic means. As long as the trader has not confirmed receipt of this acceptance, the consumer may rescind the contract.
If the contract is concluded electronically, the trader shall take appropriate technical and organisational measures to secure the electronic transmission of data and shall ensure a secure web environment. If the consumer can pay electronically, the trader shall take appropriate security measures to that effect.
The trader may, within the limits of the law, ascertain whether the consumer is able to fulfil his payment obligations, as well as all facts and factors relevant to responsibly entering into the distance contract. If, on the basis of this assessment, the trader has good grounds not to enter into the contract, he is entitled to refuse an order or request with reasons or to attach special conditions to its performance.
The trader shall, at the latest upon delivery of the product, service or digital content to the consumer, send with it the following information, in writing or in such a way that the consumer can store it in an accessible manner on a durable medium:
the address of the trader's premises where the consumer can lodge complaints;
the conditions under which and the manner in which the consumer may exercise his right of withdrawal, or a clear statement that the right of withdrawal is excluded;
information about guarantees and existing after-sales service;
the price of the product, service or digital content, including all taxes; where applicable, the delivery costs; and the method of payment, delivery or performance of the distance contract;
the requirements for terminating the contract if the contract has a duration of more than one year or is for an indefinite period;
if the consumer has a right of withdrawal, the model withdrawal form.
In the event of a continuous transaction, the provision in the preceding paragraph shall only apply to the first delivery.

Article 6 - Right of Withdrawal

For products:

The consumer may rescind a contract relating to the purchase of a product during a cooling-off period of at least 14 days without stating any reasons. The trader may ask the consumer for the reason for withdrawal, but may not require him to state his reason(s).
The cooling-off period referred to in paragraph 1 shall begin on the day after the consumer, or a third party designated by the consumer who is not the carrier, has received the product, or:
if the consumer has ordered several products in the same order: the day on which the consumer, or a third party designated by him, has received the last product. The trader may refuse an order of several products with different delivery times, provided that he has clearly informed the consumer of this prior to the ordering process.
if the delivery of a product consists of several shipments or parts: the day on which the consumer, or a third party designated by him, has received the last shipment or part;
for contracts for the regular supply of products over a specified period: the day on which the consumer, or a third party designated by him, has received the first product.

For services and digital content that have not been supplied on a material medium:

The consumer may rescind a service contract and a contract for the supply of digital content that has not been supplied on a material medium during a cooling-off period of at least 14 days without stating any reasons. The trader may ask the consumer for the reason for withdrawal, but may not require him to state his reason(s).
The cooling-off period referred to in paragraph 3 shall begin on the day following the conclusion of the contract.

Extended cooling-off period for products, services and digital content that have not been supplied on a material medium in the event of failure to inform about the right of withdrawal:

If the trader has not provided the consumer with the legally required information about the right of withdrawal or the model withdrawal form, the cooling-off period shall expire twelve months after the end of the original cooling-off period as established in the preceding paragraphs of this article.
If the trader has provided the consumer with the information referred to in the preceding paragraph within twelve months after the start date of the original cooling-off period, the cooling-off period shall expire 14 days after the day on which the consumer received that information.

Article 7 - Consumer Obligations During the Cooling-Off Period

During the cooling-off period, the consumer shall handle the product and its packaging with care. He shall only unpack or use the product to the extent necessary to establish its nature, characteristics and operation. The principle here is that the consumer may only handle and inspect the product as he would be allowed to do in a shop.
The consumer is only liable for any reduction in the value of the product that is the result of handling the product in a manner that goes beyond what is permitted in paragraph 1.
The consumer is not liable for any reduction in the value of the product if the trader has not provided him with all legally required information about the right of withdrawal before or at the time of concluding the contract.

Article 8 - Exercise of the Right of Withdrawal by the Consumer and Associated Costs

If the consumer exercises his right of withdrawal, he shall notify the trader of this during the cooling-off period by means of the model withdrawal form or in another unambiguous manner.
As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer shall return the product, or hand it over to (an authorised representative of) the trader. This is not required if the trader has offered the consumer the option of collecting the product himself. In any case, the consumer shall have complied with the return period if he returns the product before the cooling-off period has expired.
The consumer shall return the product with all supplied accessories, if reasonably possible in its original condition and packaging, and in accordance with the reasonable and clear instructions provided by the trader.
The risk and the burden of proof for the proper and timely exercise of the right of withdrawal rest with the consumer.
The consumer shall bear the direct costs of returning the product. If the trader has not stated that the consumer must bear these costs, or if the trader states that he will bear the costs himself, the consumer does not have to bear the costs of return.
If the consumer withdraws after having first expressly requested that the performance of the service or the supply of gas, water or electricity that has not been made ready for sale in a limited volume or specific quantity commence during the cooling-off period, the consumer shall owe the trader an amount proportionate to the part of the obligation that the trader has performed at the time of withdrawal, compared to the full performance of the obligation.
The consumer shall not bear any costs for the performance of services or the supply of water, gas or electricity that have not been made ready for sale in a limited volume or quantity, or for the supply of district heating, if:
the trader has not provided the consumer with the legally required information about the right of withdrawal, the compensation for withdrawal, or the model withdrawal form, or;
the consumer has not expressly requested the commencement of the performance of the service or the supply of gas, water, electricity or district heating during the cooling-off period.
The consumer shall not bear any costs for the full or partial supply of digital content not supplied on a material medium, if:
he has not expressly consented prior to its supply to the commencement of the performance of the contract before the end of the cooling-off period;
he has not acknowledged that he loses his right of withdrawal by giving his consent; or
the trader has failed to confirm this statement by the consumer.
If the consumer exercises his right of withdrawal, all ancillary contracts shall be dissolved by operation of law.

Article 9 - Obligations of the trader in the event of withdrawal

If the trader makes the notification of withdrawal by the consumer available electronically, he shall send an acknowledgement of receipt without delay upon receipt of this notification.
The trader shall refund all payments made by the consumer, including any delivery costs charged by the trader for the returned product, without delay but within 14 days following the day on which the consumer notifies him of the withdrawal. Unless the trader offers to collect the product himself, he may delay the refund until he has received the product or until the consumer demonstrates that he has returned the product, whichever occurs earlier.
The trader shall use the same means of payment for the refund that the consumer used, unless the consumer agrees to another method. The refund shall be free of charge for the consumer.
If the consumer has chosen a more expensive delivery method than the cheapest standard delivery, the trader is not required to refund the additional costs of the more expensive method.

Article 10 - Exclusion of the right of withdrawal

The trader may exclude the following products and services from the right of withdrawal, but only if the trader has clearly stated this in the offer, at least before the conclusion of the contract:

Products or services whose price is subject to fluctuations in the financial market over which the trader has no control and which may occur during the withdrawal period;
Contracts concluded during a public auction. A public auction is understood to be a method of sale whereby products, digital content and/or services are offered by the trader to the consumer who is personally present or is given the opportunity to be personally present at the auction, under the direction of an auctioneer, and whereby the successful bidder is obliged to take delivery of the products, digital content and/or services;
Service contracts, after full performance of the service, but only if:
the performance has commenced with the express prior consent of the consumer; and
the consumer has stated that he loses his right of withdrawal as soon as the trader has fully performed the contract;
Package tours as referred to in Article 7:500 of the Dutch Civil Code and contracts for the carriage of persons;
Service contracts for the provision of accommodation, if the contract provides for a specific date or period of performance and is not for residential purposes, the carriage of goods, car rental services and catering;
Contracts relating to leisure activities, if the contract provides for a specific date or period of performance;
Products manufactured according to the consumer's specifications, which are not prefabricated and are manufactured based on an individual choice or decision of the consumer, or which are clearly intended for a specific person;
Products that are perishable or have a limited shelf life;
Sealed products which are not suitable for return for reasons of health protection or hygiene and whose seal has been broken after delivery;
Products which, after delivery, are irrevocably mixed with other products by their nature;
Alcoholic beverages whose price was agreed upon at the conclusion of the contract, but whose delivery can only take place after 30 days, and whose actual value depends on market fluctuations over which the trader has no control;
Sealed audio, video recordings and computer software, whose seal has been broken after delivery;
Newspapers, periodicals or magazines, with the exception of subscriptions thereto;
The supply of digital content other than on a material medium, but only if:
the performance has commenced with the express prior consent of the consumer; and
the consumer has stated that he thereby loses his right of withdrawal.

Article 11 - The price

During the validity period stated in the offer, the prices of the offered products and/or services shall not be increased, except for price changes resulting from changes in VAT rates.
Notwithstanding the previous paragraph, the trader may offer products or services whose prices are subject to fluctuations in the financial market over which the trader has no control at variable prices. This dependence on fluctuations and the fact that any stated prices are indicative prices shall be stated in the offer.
Price increases within 3 months after the conclusion of the contract are only permitted if they are the result of statutory regulations or provisions.
Price increases from 3 months after the conclusion of the contract are only permitted if the trader has agreed to this and:
these are the result of statutory regulations or provisions; or
the consumer has the right to terminate the contract with effect from the day on which the price increase takes effect.
The prices mentioned in the offer of products or services are inclusive of VAT.

Article 12 - Performance of contract and extra guarantee

The trader is responsible for ensuring that the products and/or services comply with the contract, the specifications stated in the offer, the reasonable requirements of fitness for purpose and/or usability and the statutory provisions and/or government regulations in force on the date of the conclusion of the contract. If agreed, the trader is also responsible for ensuring that the product is suitable for other than normal use.
An extra guarantee provided by the trader, his supplier, manufacturer or importer shall never limit the statutory rights and remedies that the consumer may assert against the trader on the basis of the contract if the trader has failed to perform his part of the contract.
An extra guarantee is understood to be any obligation of the trader, his supplier, importer or manufacturer whereby he grants the consumer certain rights or remedies that go beyond what he is legally obliged to do in the event that he has failed to perform his part of the contract.

Article 13 - Delivery and performance

The trader shall exercise the utmost care when receiving and performing orders for products and when assessing requests for the provision of services.
The place of delivery shall be the address that the consumer has made known to the trader.
Subject to what is stated about this in Article 4 of these general terms and conditions, the trader shall perform accepted orders with due speed but no later than within 30 days, unless another delivery period has been agreed. If the delivery is delayed, or if an order cannot be performed or can only be partially performed, the consumer shall receive notification of this no later than 30 days after he has placed the order. In that case, the consumer has the right to dissolve the contract without cost and the right to any damages.
After dissolution in accordance with the previous paragraph, the trader shall refund the amount that the consumer has paid without delay.
The risk of damage and/or loss of products rests with the trader until the moment of delivery to the consumer or a representative previously designated and made known to the trader, unless expressly agreed otherwise.

Article 14 - Payment

Unless otherwise provided in the contract or additional terms, the amounts owed by the consumer must be paid within 14 days after the start of the cooling-off period, or in the absence of a cooling-off period within 14 days after the conclusion of the contract. In the case of a contract for the provision of a service, this period starts on the day after the consumer has received the confirmation of the contract.
When selling products to consumers, the consumer may never be required by general terms and conditions to pay more than 50% in advance. When advance payment is agreed, the consumer cannot assert any right regarding the performance of the relevant order or service(s) before the agreed advance payment has taken place.
The consumer has the obligation to immediately report any inaccuracies in the payment details provided or stated to the trader.
If the consumer does not meet his payment obligation(s) on time, he shall, after being notified by the trader of the late payment and the trader having granted the consumer a period of 14 days to still meet his payment obligations, after the failure to pay within this 14-day period, owe statutory interest on the remaining amount and the trader is entitled to charge the extrajudicial collection costs incurred by him. These collection costs amount to a maximum of: 15% on outstanding amounts up to €2,500; 10% on the next €2,500 and 5% on the next €5,000, with a minimum of €40. The trader may deviate from the stated amounts and percentages in favor of the consumer.

Article 15 - Complaints procedure

The trader has a sufficiently well-known complaints procedure and handles the complaint in accordance with this complaints procedure.
Complaints about the performance of the contract must be submitted to the trader in full and clearly described within a reasonable time after the consumer has discovered the defects.
Complaints submitted to the trader shall be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the trader shall answer within the period of 14 days with an acknowledgement of receipt and an indication of when the consumer can expect a more detailed answer.
The consumer must give the trader at least 4 weeks to resolve the complaint in mutual consultation. After this period, a dispute arises that is subject to the dispute resolution procedure.

Article 16 - Disputes

For contracts between the trader and the consumer to which these general terms and conditions apply, Dutch law exclusively applies.

Article 17 - Additional or deviating provisions

Additional or deviating provisions from these general terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable data carrier.

Appendix I: Model form for withdrawal

Model form for withdrawal

(only fill out and return this form if you want to withdraw from the contract)

To: Soli Clo

Abberdaan 206, 1046 AB Amsterdam

Info@soliclo.com

I/We* hereby inform you that I/we* are withdrawing from our contract regarding

the sale of the following products: [product designation]*

Ordered on*/received on* [date of order for services or receipt for products]

[Name of consumer(s)]

[Address of consumer(s)]

[Signature of consumer(s)] (only if this form is submitted on paper)

* Cross out what is not applicable or fill in what is applicable.