Version 1.0
Last Updated: 2 December 2024

Article 1 – Definitions

In these terms and conditions, the following definitions apply:

• Reflection Period: The period during which the consumer can exercise their right of withdrawal.
• Consumer: The natural person not acting in the exercise of a profession or business who enters into a distance contract with the entrepreneur.
• Day: Calendar day.
• Continuing Performance Contract: A distance contract relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time.
• Durable Data Carrier: Any means that enables the consumer or entrepreneur to store information addressed to them personally in a way that makes future consultation and unchanged reproduction of the stored information possible.
• Right of Withdrawal: The ability of 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 whereby, within the framework of a system organized by the entrepreneur for the distance sale of products and/or services, up to and including the conclusion of the agreement, exclusive use is made of one or more means of distance communication.
• Means of Distance Communication: A method that can be used for concluding an agreement without the consumer and entrepreneur being simultaneously present in the same space.
• General Terms and Conditions: These General Terms and Conditions of the entrepreneur.

Article 2 – Identity of the Entrepreneur

Solviano
Email: info@solviano.com
Chamber of Commerce Number: 94424322
VAT Identification Number: NL005082753B11

Article 3 – Applicability

1. These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract and order concluded between the entrepreneur and the consumer.
2. 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 indicated before the distance contract is concluded that the general terms and conditions can be viewed at the entrepreneur's premises and will be sent free of charge to the consumer at their request as soon as possible.
3. If the distance contract is concluded electronically, the text of these general terms and conditions can, in deviation from the previous paragraph, be made available to the consumer electronically before the distance contract is concluded, in such a way that the consumer can easily store it on a durable data carrier. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be viewed electronically and that they will be sent free of charge electronically or otherwise at the consumer's request.
4. 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 general terms and conditions, the consumer can invoke the applicable provision that is most favorable to them.
5. If one or more provisions of these general terms and conditions are at any time wholly or partially null and void or are annulled, the agreement and these conditions remain in effect, and the relevant provision will be replaced in mutual consultation with a provision that approximates the original as closely as possible.
6. Situations not regulated in these general terms and conditions must be assessed 'in the spirit' of these general terms and conditions.
7. Any ambiguities about the interpretation or content of one or more provisions of our terms and conditions must be explained 'in the spirit' of these general terms and conditions.

Article 4 – The Offer

1. If an offer has a limited validity period or is made under conditions, this will be explicitly stated in the offer.
2. The offer is non-binding. The entrepreneur is entitled to change and adjust the offer.
3. The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable a proper assessment of the offer by the consumer. If the entrepreneur uses images, they are a true representation of the products and/or services offered. Apparent mistakes or errors in the offer are not binding on the entrepreneur.
4. All images, specifications, and data in the offer are indicative and cannot give rise to compensation or dissolution of the agreement.
5. Images accompanying products are a true representation of the products offered. The entrepreneur cannot guarantee that the displayed colors exactly match the real colors of the products.
6. Each offer contains sufficient information to make it clear to the consumer what their rights and obligations are when accepting the offer. This includes, in particular:

Article 5 – The Agreement

1. The agreement is concluded, subject to the provisions in paragraph 4, at the moment the consumer accepts the offer and fulfills the corresponding conditions.
2. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed, the consumer can dissolve the agreement.
3. If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.
4. The entrepreneur may, within the limits of the law, investigate whether the consumer can meet their payment obligations, as well as all those facts and factors relevant to responsibly entering into the distance contract. If, based on this investigation, the entrepreneur has good reasons not to enter into the agreement, they are entitled to refuse an order or request, providing reasons, or to attach special conditions to the execution of the agreement.
5. The entrepreneur will include the following information with the product or service for the consumer, either in writing or in a way that allows the consumer to store it in an accessible manner on a durable data carrier:
   a. The visiting address of the entrepreneur's business where the consumer can address complaints.
   b. The conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal.
   c. The information about warranties and existing after-sales service.
   d. The information included in Article 4 paragraph 3 of these conditions, unless the entrepreneur has already provided this information to the consumer before the execution of the agreement.
   e. The requirements for terminating the agreement if the agreement has a duration of more than one year or is indefinite.
6. In the case of an extended transaction, the provision in the previous paragraph applies only to the first delivery.
7. Every agreement is entered into under the suspensive condition of sufficient availability of the products concerned.

Article 6 – Right of Withdrawal

1. When purchasing products, the consumer has the right to dissolve the agreement without giving any reason within 30 days. This reflection period starts on the day after the consumer, or a pre-designated third party other than the carrier, receives the product.
2. During the reflection period, the consumer will handle the product and its packaging with care. The consumer will only unpack or use the product to the extent necessary to assess whether they wish to keep it. If the consumer exercises their right of withdrawal, they will return the product with all supplied 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.
3. If the consumer wishes to exercise their right of withdrawal, they are required to notify the entrepreneur within 30 days after receiving the product. The notification must be made in writing or via email. After notifying the entrepreneur, the consumer must return the product within 30 days. The consumer must prove that the delivered products were returned on time, for example, by providing proof of shipment.
4. If the consumer has not expressed their intention to exercise their right of withdrawal after the periods mentioned in paragraphs 2 and 3, or has not returned the product to the entrepreneur, the purchase is a fact.

Article 7 – Costs in Case of Withdrawal

1. If the consumer exercises their right of withdrawal, the return shipping costs are the responsibility of the consumer.
2. If the consumer has already paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after the withdrawal, provided that the product has already been returned or conclusive proof of its return is provided.

Article 8 – Exclusion of Right of Withdrawal

1. The entrepreneur may exclude the consumer’s right of withdrawal for certain products or services as described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur has clearly stated this in the offer, or at least in a timely manner before concluding the agreement.
2. Exclusion of the right of withdrawal is only possible for products:
   a. That have been created by the entrepreneur in accordance with the consumer’s specifications.
   b. That are clearly personal in nature.
   c. That cannot be returned due to their nature.
   d. That spoil or age quickly.
   e. Whose prices are subject to fluctuations in the financial market that the entrepreneur cannot influence.
   f. For single issues of newspapers and magazines.
   g. For audio and video recordings and computer software where the consumer has broken the seal.
   h. For hygienic products where the consumer has broken the seal.
3. Exclusion of the right of withdrawal is only possible for services:
   a. Relating to accommodation, transport, restaurant services, or leisure activities to be carried out on a specific date or during a specific period.
   b. Whose delivery has started with the explicit consent of the consumer before the reflection period has expired.
   c. Relating to betting and lotteries.

Article 9 – The Price

1. During the validity period stated 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.
2. Contrary to 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 control, with variable prices. This dependency on fluctuations and the fact that the stated prices are target prices will be stated in the offer.
3. Price increases within 3 months after the agreement is concluded are only permitted if they are the result of statutory regulations or provisions.
4. Price increases from 3 months after the agreement is concluded are only permitted if the entrepreneur has stipulated this and:
   a. They are the result of statutory regulations or provisions; or
   b. The consumer has the authority to terminate the agreement on the day the price increase takes effect.
5. The prices mentioned in the offer of products or services include VAT.
6. 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 at the incorrect price.

Article 10 – Conformity and Warranty

1. The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability, and the legal provisions and/or government regulations existing on the date of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
2. A guarantee 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.
3. Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 14 days of delivery. The products must be returned in their original packaging and in new condition.
4. The entrepreneur’s warranty period 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.
5. The warranty does not apply if:
   a. The consumer has repaired and/or modified the delivered products themselves or had them repaired and/or modified by third parties.
   b. The delivered products have been exposed to abnormal conditions or otherwise handled carelessly or contrary to the entrepreneur’s instructions and/or the packaging.
   c. The defect is wholly or partially the result of regulations that the government has set or will set regarding the nature or quality of the materials used.

Article 11 – Delivery and Execution

1. The entrepreneur will take the greatest possible care when receiving and executing orders for products.
2. The place of delivery is the address that the consumer has provided to the entrepreneur.
3. With due observance of what is stated in Article 4 of these general terms and conditions, the entrepreneur will execute accepted orders with due speed but at the latest within 30 days unless a longer delivery period has been agreed with the consumer. If delivery is delayed or an order cannot or can only partially be executed, the consumer will be notified of this no later than 30 days after placing the order. In that case, the consumer has the right to dissolve the agreement without costs and is entitled to any compensation.
4. In case of dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than 14 days after dissolution.
5. If delivery of an ordered product proves impossible, the entrepreneur will endeavor to make a replacement product available. At the latest upon delivery, it will be stated clearly and understandably that a replacement product is being delivered. For replacement products, the right of withdrawal cannot be excluded. The costs of any return shipment are borne by the entrepreneur.
6. 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 announced representative, unless expressly agreed otherwise.

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

Termination

1. The consumer may terminate an agreement entered into for an indefinite period and which extends to 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.
2. The consumer may terminate an agreement entered into for a definite period and which extends to the regular delivery of products (including electricity) or services at the end of the specified term, subject to the agreed termination rules and a notice period of no more than one month.
3. The consumer can terminate the agreements mentioned in the previous paragraphs:
   a. At any time and not be limited to termination at a specific time or in a specific period.
   b. At least in the same way as they were entered into by the consumer.
   c. Always with the same notice period as the entrepreneur has stipulated for themselves.

Renewal

1. An agreement entered into for a definite period and which extends to the regular delivery of products or services may not be tacitly extended or renewed for a specified period.
2. Contrary to the previous paragraph, an agreement entered into for a definite period and which extends to the regular delivery of daily, news, and weekly newspapers and magazines may be tacitly extended for a specified period of up to three months if the consumer can terminate this extended agreement at the end of the extension with a notice period of no more than one month.
3. An agreement entered into for a definite period and which extends to the regular delivery of products or services may only be tacitly renewed for an indefinite period if the consumer can terminate it 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 extends to the regular, but less than once a month, delivery of daily, news, and weekly newspapers and magazines.
4. An agreement with a limited duration for the regular delivery of daily, news, and weekly newspapers and magazines (trial or introductory subscription) is not tacitly continued and ends automatically after the trial or introductory period.

Duration

1. 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 the reasonableness and fairness dictate otherwise.

Article 13 – Payment

1. Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the start of the reflection period 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 confirmation of the agreement.
2. The consumer is obliged to immediately report inaccuracies in the payment details provided or stated to the entrepreneur.
3. In case of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the consumer the reasonable costs made known in advance.

Article 14 – Complaints Procedure

1. Complaints about the performance of the agreement must be submitted fully and clearly described to the entrepreneur within 7 days after the consumer has discovered the defects.
2. Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within the 14-day period with an acknowledgment of receipt and an indication when the consumer can expect a more detailed answer.
3. If the complaint cannot be resolved in mutual consultation, a dispute arises that is subject to the dispute settlement procedure.
4. A complaint does not suspend the entrepreneur's obligations unless the entrepreneur indicates otherwise in writing.
5. 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

1. Agreements between the entrepreneur and the consumer to which these general terms and conditions relate are exclusively governed by Dutch law.
2. Even if the consumer resides abroad, Dutch law applies to the agreement.

Article 16 – Additional or Deviating Provisions

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