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General Terms and Conditions

General Terms & Conditions Solbio®

The Purchaser or Consumer-Purchaser has the right to notify the company that he cancels his purchase, within a period of 30 calendar days from the day following the delivery of the product, without penalties and without having to indicate his grounds.

Table of contents

Article 1 – Definitions
Article 2 – Identity of the entrepreneur
Article 3 – Applicability
Article 4 – The offer
Article 5 – The agreement
Article 6 – Right of withdrawal
Article 7 – Costs imposed in the event of withdrawal
Article 8 – Exclusion of the right of withdrawal
Article 9 – The price
Article 10 – Conformity and guarantee
Article 11 – Delivery and performance
Article 12 – Continuing performance contracts: duration, termination and extension
Article 13 – Payment
Article 14 – Complaints
Article 15 – Disputes
Article 16 – Miscellaneous

Article 1 – Definitions


In these general terms and conditions, the following definitions apply:
1. Cooling-off period: the period during which the Purchaser or Consumer-Purchaser can benefit from the right of withdrawal;

2. Consumer-Purchaser: any natural person who is acting for purposes which are outside his or her trade or business and who engages in a contract of any kind whatsoever with Solbio®;


3. Purchaser: every natural person who engages in a contract of any kind whatsoever with Solbio®;


4. Day: calendar day;


5. Continuing performance contracts: an agreement at a distance relating to a series of products and/or services, of which the obligation of delivery and/or purchase is spread over a longer period;


6. Durable data carrier: any instrument which enables a Purchaser or Consumer-Purchaser or Solbio® to store information addressed personally and specifically to him in a way accessible for future consultation and which allows the unchanged reproduction of the information stored;


7. Right of withdrawal: the possibility for the Purchaser or Consumer-Purchaser to change his mind regarding the distance agreement within the cooling-off period;


8. Solbio®: The company name of the natural or legal person who offers products and/or services to a Purchaser or Consumer-Purchaser at a distance;


9. Distance agreement: an agreement which, in a system organised by Solbio® for distance marketing of products and/or services, to the conclusion of the agreement, only uses one or more means of distance communication;


10. Means of distance communication: means that can be used for the conclusion of an agreement, without the Purchaser or the Consumer-Purchaser and Solbio® being simultaneously in the same area or space.


Article 2 – Identity of the entrepreneur


Solbio ltd.
Trading under the name/names:
Solbio®, getsolbio.com


Address:
Solbio®
P.O.Box 50
2920 Kalmthout
Belgium


Telephone number: 0044 20 32900032
Accessibility: From Monday to Friday from 9 a.m. to 4 p.m.
Email address: contact@getsolbio.com


Registered in the Commercial Register Antwerp:
Branch unit number 2.099.399.407
VAT identification number BE0467.194.956

Article 3 – Applicability


1. These general terms and conditions are applicable to all offers of Solbio® and to all distance agreements concluded between Solbio® and the Purchaser or Consumer-Purchaser.


2. Prior to the conclusion of any distance agreement, the Purchaser or Consumer-Purchaser shall be provided with the text of these terms and conditions. In case that is not reasonably possible, the Purchaser or Consumer-Purchaser shall be notified of the fact that the general terms and conditions can be consulted at Solbio® and that a copy will be sent as soon as possible at the request of the Purchaser or Consumer-Purchaser prior to the conclusion of the distance agreement and at no expense to the Purchaser or Consumer-Purchaser.


3. In case the distance agreement is concluded electronically, then, contrary to the previous paragraph, and prior to the conclusion of the distance agreement, the text of these general terms and conditions can be made available to the Purchaser or Consumer-Purchaser by electronic means, in such a way that the Purchaser or Consumer-Purchaser can easily store it on a durable data carrier. In case that is not reasonably possible, the Purchaser or Consumer-Purchaser shall be notified where the general terms and conditions can be consulted electronically and that a copy will be sent electronically or otherwise at his request prior to the conclusion of the distance agreement and at no expense to the Purchaser or Consumer-Purchaser.


4. In the event that special product or service conditions apply, in addition to these general terms and conditions, the second and the third paragraph correspondingly apply and in the event of conflicting terms and conditions the Purchaser or Consumer-Purchaser may at all time invoke the applicable provision that is the most favourable to him.

Article 4 – The offer


1. If an offer has a limited validity or is made subject to certain conditions, this shall be expressly stated in the offer.


2. The offer includes a full and accurate description of the offered products and/or services. The description shall be sufficiently specific to allow the Purchaser or Consumer-Purchaser to properly consider the offer. If Solbio® uses pictures, they are truthful images of the products and/or services offered. Solbio® shall not be liable for any mistakes or errors in the offer.


3. Each offer includes all necessary information, clearly setting forth the Purchaser’s or Consumer-Purchaser’s rights and obligations related to accepting the offer. That includes in particular:

– the price including VAT;
– any possible delivery costs;
– the way in which the agreement shall be concluded and the required acts;
– whether or not the right of withdrawal is applicable;
– the method of payment, delivery and the enactment of the agreement;
– the time allowed for the acceptance of the offer, or the time limit determined by Solbio® within which the price remains valid;
– the level of the rate for the distance communication in case the costs of using the distance communication technique are calculated differently than at the regular basic rate for the means of communication used;
– whether or not the agreement will be archived after conclusion and, if so, in which way the Purchaser or Consumer-Purchaser can consult it;
– the way in which the Purchaser or Consumer-Purchaser, prior to the conclusion of the agreement, can verify and if so desired restore the information he provided under this agreement;
– any languages, other than Dutch, in which the agreement may be concluded;
– the ethical rules to which Solbio® is subject and the way in which the Purchaser or Consumer-Purchaser can consult these ethical rules electronically;
– the minimal duration of the distance agreement in case of continuing performance contracts.

Article 5 – The agreement


1. Subject to the provisions in article 4, the agreement shall be concluded upon the Purchaser or Consumer-Purchaser accepting the offer and complying with the conditions stipulated for it.


2. If the Purchaser or Consumer-Purchaser has electronically accepted the offer, Solbio® shall immediately and electronically confirm receipt of acceptance of the offer. For as long as Solbio® has not confirmed receipt of acceptance, the Purchaser or Consumer-Purchaser may terminate the agreement.


3. If the agreement is concluded electronically, Solbio® shall adopt all appropriate technical and organisational measures for a secure electronic data transfer and shall provide a secure web environment. If the Purchaser or Consumer-Purchaser is offered the opportunity to pay electronically, Solbio® shall observe all appropriate security measures.


4. Within the confines of the law, Solbio® may make inquiries as to whether the Purchaser or Consumer-Purchaser is able to fulfil his payment obligations, as to all facts and factors that are material for duly concluding the distance agreement. If Solbio®, based on its inquiries, has proper grounds not to enter into the agreement, it may refuse an order or application, clearly stating its reasons, or make the execution of the agreement subject to special conditions.


5. Together with the product or service, Solbio® shall provide the Purchaser or Consumer-Purchaser, either in writing or in a way that shall allow the Purchaser or Consumer-Purchaser to store it in a retrievable way on a durable data carrier, with the following information:

a. the visiting address of the Solbio® office to which the Purchaser or Consumer-Purchaser may address his complaints;
b. the conditions under which and the way in which the Purchaser or Consumer-Purchaser may exercise his right of withdrawal, or a clear statement that the right of withdrawal is excluded;
c. information about available guarantees and after-sale services;
d. the information mentioned in article 4 paragraph 3 of these terms and conditions, unless Solbio® has already provided the Purchaser or Consumer-Purchaser with this information prior to the execution of the agreement;
e. the conditions for terminating the agreement if the duration of the agreement exceeds one year or if it is indefinite.


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

Article 6 – Right of withdrawal


1. When purchasing products the Purchaser or Consumer-Purchaser may cancel the agreement during a period of 30 days, without stating reasons. This period shall begin on the day following the receipt of the product by the Purchaser or Consumer-Purchaser or a previously assigned representative identified to Solbio® on behalf of the Purchaser or Consumer-Purchaser.


2. During this cooling-off period the Purchaser or Consumer-Purchaser shall handle the product and the packaging with care. He shall only unpack or use the product to the extent that is necessary to assess whether he wishes to keep the product. If he wishes to exercise his right of withdrawal, he shall return the product and all delivered accessories and – if reasonably possible – in its original state and packaging to Solbio®, in accordance with the reasonable and clear instructions provided by Solbio®.

Article 7 – Costs imposed in the event of withdrawal


1. If the Purchaser or Consumer-Purchaser exercises his right of withdrawal, the costs for returning the product shall be for the account of Solbio®.


2. If the Purchaser or Consumer-Purchaser has already paid a certain amount, Solbio® shall repay this amount as soon as possible and not later than 10 days after reshipment or withdrawal.

Article 8 – Exclusion of the right of withdrawal


There is no exclusion of the right of withdrawal.

Article 9 – The price


1. During the term of validity stated in the offer, the prices of the offered products and/or services shall not be raised, with the exception of price changes resulting from changes to VAT rates.


2. Notwithstanding the previous paragraph, Solbio® may offer products or services of which the prices are subject to fluctuations on the financial market and on which Solbio® has no influence, at variable prices. In that event, the offer shall state that the quoted prices are subject to fluctuations and to change.


3. Prices may only be raised within 3 months after concluding the agreement if this is due to statutory rules or regulations.


4. Prices may only be raised after 3 months after concluding the agreement if Solbio® has stipulated this and:

a. they are due to statutory rules or regulations; or b. the Purchaser or Consumer-Purchaser is allowed to cancel the agreement as per the day on which the price rise comes into effect.


5. The prices of products or services stated in the offer include VAT.

Article 10 – Conformity and guarantee


1. Solbio® warrants that the products and/or services comply with the agreement, the specifications mentioned in the offer, the reasonable requirements of soundness and/or usability, and the statutory regulations and/or government requirements as per the date on which the agreement comes into effect. If agreed so, Solbio® guarantees that the product is suited for other than normal use.


2. An arrangement offered by Solbio®, the manufacturer or importer as a guarantee shall not affect the legal rights and claims that the Purchaser or Consumer-Purchaser may exercise against Solbio®, based on the agreement.

Article 11 – Delivery and performance


1. Orders shall be delivered as soon as possible. In principle, Solbio® aims at shipping orders that are placed before 4 p.m. on a working day, that same day. Solbio® shall exercise all due care when receiving and delivering the ordered products as well as when assessing requests for the provision of services.


2. The delivery address is the address provided by the Purchaser or Consumer-Purchaser to the company.


3. Taking into account the provisions of article 4 as stated in these general terms and conditions, the company shall process the accepted orders with all due speed but at least within 30 days, unless a longer delivery period has been agreed. If the delivery is delayed, or if an order cannot be delivered or only in part, the Purchaser or Consumer-Purchaser will be notified within 30 days after placing the order. In this case, the Purchaser or Consumer-Purchaser is entitled to terminate the agreement at no cost and may be entitled to compensation.


4. If the agreement is terminated in accordance with the previous paragraph, Solbio® shall refund the amount that the Purchaser or Consumer-Purchaser has paid as quickly as possible, but no later than 30 days after termination.


5. If it is not possible to deliver an ordered product, Solbio® shall make an effort to provide a replacement product. Not later than at the time of delivery, the Purchaser or Consumer-Purchaser will be informed, in a clear and comprehensible way, that he will receive a replacement product. The right of withdrawal may not be exlcuded with replacement products. The costs of any possible return shipment are to the account of Solbio®.


6. Unless expressly agreed otherwise, the risk of damage and/or products going missing, shall be for the account of Solbio® until the moment of delivery to the Purchaser or Consumer-Purchaser or to a previously assigned representative identified to Solbio®.

Article 12 – Continuing performance contracts: duration, termination and extension


Termination

1. The Purchaser or Consumer-Purchaser has the right to cancel an agreement that is concluded for an indefinite period of time and that extends to the regular delivery of products, at any time, subject to the applicable termination rules and a term of notice of at least one month.


2. The Purchaser or Consumer-Purchaser has the right to cancel an agreement that is concluded for a definite period of time and that extends to the regular delivery of products, at any time at the end of the fixed term, subject to the applicable termination rules and a term of notice of at least one month.


3. With respect to the agreements described in the previous paragraphs, the Purchaser or Consumer-Purchaser can:

– cancel at any time and not be limited to termination at a particular time or in a given period;
– at least cancel in the same way in which the agreements were concluded;
– always cancel at the same notice as Solbio® has negotiated for itself.


Extension


4. An agreement concluded for a definite period of time and that extends to the regular delivery of products, may not be tacitly extended or renewed for a fixed period of time.


Duration


5. If the agreement exceeds one year, the Purchaser or Consumer-Purchaser has the right to cancel the agreement at any time after one year, subject to a term of notice of maximum one month, unless the reasonableness and fairness resisting the termination before the end of the agreed term.

Article 13 – Payment


1. Unless agreed otherwise, all amounts payable by the Purchaser or Consumer-Purchaser are due within 14 days after the start of the cooling-off period as stipulated in article 6 paragraph 1. In case of an agreement to provide a certain service, this period starts when the Purchaser or Consumer-Purchaser has received confirmation of agreement.


2. When products are sold to a Purchaser or Consumer-Purchaser, general terms and conditions may under no circumstances stipulate an advance payment of more than 50%. If an advance payment is stipulated, the Purchaser or Consumer-Purchaser may not assert any rights regarding the execution of the order or service(s) concerned, before the advance payment has been paid.


3. The Purchaser or Consumer-Purchaser is obliged to immediately notify Solbio® of any errors in provided or stated payment details.


4. If the Purchaser or Consumer-Purchaser is in default, Solbio® may charge the Purchaser or Consumer-Purchaser all reasonable costs, of which the Purchaser or Consumer-Purchaser was informed in advance, subject to the statutory restrictions.

Article 14 – Complaints


1. Solbio® has a sufficiently published complaints procedure; any complaint shall be dealt with in accordance with this procedure.


2. Complaints about the performance of the agreement must be submitted to Solbio®, giving full and clear details and with due speed after the Purchaser or Consumer-Purchaser has noted the defects.


3. Any complaints Solbio® receives are responded to within a period of 14 days as from the moment of receipt. If it is anticipated that a longer period is required to deal with a complaint, Solbio® shall confirm reception of the complaint within 14 days, stating when the Purchaser or Consumer-Purchaser may expect a more detailed response.


4. If the complaint cannot be resolved in joint consultation, it becomes a dispute that is applicable to the dispute regulation.

Article 15 – Disputes


1. All agreements between Solbio® and the Purchaser or Consumer-Purchaser are exclusively subject to the Belgian law, excluding the principles of legal conflicts appointing foreign law.


2. The applicability of the Vienna Sales Convention is expressly excluded.


3. All disputes that are connected to or are a consequence of offers by Solbio®, or of any agreement that has been concluded with it, will be submitted to the competent District Court in Antwerp, unless mandatory statutory provisions expressly indicate a different court as being competent.


4. If any of the provisions stated in these general terms and conditions is held to be unlawful, invalid or unenforceable for any reason whatsoever, such provision shall be divisible from the other terms and conditions and shall not affect the validity and enforceability of the remaining terms of this agreement. These terms and conditions represent the entire agreement between the Purchaser or Consumer-Purchaser and Solbio® with respect to its subject matter.

Article 16 – Miscellaneous


Additional or different terms than these general terms and conditions may not be to the detriment of the Purchaser or Consumer-Purchaser and must be established in writing or be recorded in such a way that the Purchaser or Consumer-Purchaser can store them in an accessible way on a durable data carrier.