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The Buyer or Consumer Buyer has the right, within a period of 30 calendar days from the day following the delivery of the product, to inform the company that they are cancelling their purchase without penalty and without stating any reason.
Article 1 – Definitions
Article 2 – Identity of the Business
Article 3 – Applicability
Article 4 – The Offer
Article 5 – The Agreement
Article 6 – Right of Withdrawal
Article 7 – Costs in Case of Withdrawal
Article 8 – Exclusion of the Right of Withdrawal
Article 9 – The Price
Article 10 – Conformity and Warranty
Article 11 – Delivery and Performance
Article 12 – Continuous Performance Agreements: Duration, Termination, and Renewal
Article 13 – Payment
Article 14 – Complaints
Article 15 – Disputes
Article 16 – Miscellaneous
In these Terms and Conditions, the following definitions apply:
Cooling-off Period: the period during which the Buyer or Consumer Buyer may exercise the right of withdrawal.
Consumer Buyer: any natural person acting for purposes outside their trade, business, or profession who enters into any type of agreement with Solbio®.
Buyer: any natural person who enters into any type of agreement with Solbio®.
Day: calendar day.
Continuous Performance Agreement: a distance contract relating to a series of products and/or services, where the obligation to supply and/or purchase is spread over a period of time.
Durable Medium: any instrument that enables a Buyer, Consumer Buyer, or Solbio® to store information addressed personally to them in a way that is accessible for future reference and allows unchanged reproduction of the stored information.
Right of Withdrawal: the possibility for the Buyer or Consumer Buyer to reconsider and cancel the distance contract during the cooling-off period.
Solbio®: the trade name of the natural or legal person offering products and/or services to a Buyer or Consumer Buyer through distance selling.
Distance Contract: a contract concluded under a system organized by Solbio® for the distance sale of products and/or services, whereby up to and including the conclusion of the contract, exclusive use is made of one or more means of distance communication.
Means of Distance Communication: any means that can be used to conclude a contract without the Buyer or Consumer Buyer and Solbio® being physically present in the same place at the same time.
Solbio BVBA
Trading under the name(s):
Solbio®, getsolbio.com
Address:
Solbio®
Oud Gooreind 31
2990 Wuustwezel
Belgium
Telephone: +32 78 353 669
Availability: Monday to Friday, from 9:00 AM to 4:00 PM
Email: [email protected]
Registered with the Antwerp Trade Register:
Registration Number: 2.099.399.407
VAT Identification Number: BE0690.902591
These Terms and Conditions apply to all offers made by Solbio® and to all distance contracts concluded between Solbio® and the Buyer or Consumer Buyer.
Before the distance contract is concluded, the text of these Terms and Conditions shall be made available to the Buyer or Consumer Buyer. If this is not reasonably possible, the Buyer or Consumer Buyer shall be informed that the Terms and Conditions can be consulted at Solbio® and that a copy will be sent free of charge upon request as soon as possible before the conclusion of the contract.
If the distance contract is concluded electronically, the text of these Terms and Conditions may, contrary to the previous paragraph, be made available electronically before the contract is concluded in such a way that the Buyer or Consumer Buyer can easily store them on a durable medium. If this is not reasonably possible, the Buyer or Consumer Buyer shall be informed where the Terms and Conditions can be consulted electronically and that they will be sent electronically or otherwise free of charge upon request.
If specific product or service conditions apply in addition to these Terms and Conditions, the provisions above apply accordingly. In the event of conflicting provisions, the Buyer or Consumer Buyer may always rely on the provision most favorable to them.
If an offer has a limited period of validity or is subject to specific conditions, this shall be explicitly stated in the offer.
The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable the Buyer or Consumer Buyer to make a proper assessment of the offer. If Solbio® uses images, these shall be a truthful representation of the products and/or services offered. Solbio® shall not be liable for any errors or mistakes in the offer.
Each offer contains all information necessary for the Buyer or Consumer Buyer to understand the rights and obligations associated with accepting the offer. This includes in particular:
The price including VAT;
Any delivery charges;
The manner in which the agreement is concluded and the actions required;
Whether or not the right of withdrawal applies;
The method of payment, delivery, and execution of the agreement;
The period for accepting the offer or the period during which the price remains valid;
The rate for distance communication if costs are calculated on a basis other than the standard communication rate;
Whether the agreement will be archived after conclusion and, if so, how the Buyer or Consumer Buyer can access it;
The manner in which the Buyer or Consumer Buyer can verify and correct information provided before concluding the agreement;
Any languages other than Dutch in which the agreement may be concluded;
The codes of conduct to which Solbio® is subject and how they can be consulted electronically;
The minimum duration of the distance contract in the case of continuous performance agreements.
The agreement is concluded, subject to the provisions of Article 4, when the Buyer or Consumer Buyer accepts the offer and complies with the conditions set therein.
If the Buyer or Consumer Buyer has accepted the offer electronically, Solbio® shall immediately confirm receipt of the acceptance electronically. As long as Solbio® has not confirmed receipt of the acceptance, the Buyer or Consumer Buyer may terminate the agreement.
If the agreement is concluded electronically, Solbio® shall take appropriate technical and organizational measures to secure the electronic transfer of data and shall ensure a secure web environment. If the Buyer or Consumer Buyer is able to pay electronically, Solbio® shall observe appropriate security measures.
Within the limits of the law, Solbio® may investigate whether the Buyer or Consumer Buyer is able to meet their payment obligations, as well as all facts and factors relevant to responsibly entering into the distance agreement. If, on the basis of this investigation, Solbio® has good grounds for not entering into the agreement, it shall be entitled to refuse an order or request, stating its reasons, or to attach special conditions to the execution of the agreement.
Solbio® shall provide the Buyer or Consumer Buyer, either in writing or in such a way that the information can be stored on a durable medium, with the following information together with the product or service:
a. the visiting address of the Solbio® office where complaints may be submitted;
b. the conditions under which and the manner in which the Buyer or Consumer Buyer may exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
c. information about guarantees and after-sales services;
d. the information referred to in Article 4(3) of these Terms and Conditions, unless Solbio® has already provided this information prior to the performance of the agreement;
e. the conditions for terminating the agreement if it has a duration of more than one year or is of indefinite duration.
In the case of continuous performance agreements, the provisions of the previous paragraph apply only to the first delivery.
When purchasing products, the Buyer or Consumer Buyer has the right to terminate the agreement without giving any reason within 30 days. This period begins on the day following receipt of the product by the Buyer or Consumer Buyer or by a representative designated in advance and made known to Solbio®.
During the cooling-off period, the Buyer or Consumer Buyer shall handle the product and packaging with care. The product may only be unpacked or used to the extent necessary to determine whether they wish to keep it. If the Buyer or Consumer Buyer wishes to exercise the right of withdrawal, they shall return the product, including all accessories supplied and, where reasonably possible, in its original condition and packaging, in accordance with the reasonable and clear instructions provided by Solbio®.
If the Buyer or Consumer Buyer exercises the right of withdrawal, the costs of returning the product shall be borne by the customer.
If the Buyer or Consumer Buyer has already paid an amount, Solbio® shall refund that amount as soon as possible, but no later than 10 days after the return or withdrawal.
There is no exclusion of the right of withdrawal.
During the validity period stated in the offer, the prices of the products and/or services offered shall not be increased, except for price changes resulting from changes in VAT rates.
Notwithstanding the previous paragraph, Solbio® may offer products or services whose prices are subject to fluctuations in the financial market and over which Solbio® has no control, at variable prices. In such cases, it shall be stated in the offer that the prices quoted are subject to fluctuations.
Price increases within three months after the conclusion of the agreement are only permitted if they result from statutory regulations or provisions.
Price increases after three months following the conclusion of the agreement are only permitted if Solbio® has stipulated this and:
a. they result from statutory regulations or provisions; or
b. the Buyer or Consumer Buyer has the right to terminate the agreement on the date the price increase takes effect.
All prices stated in the offer for products or services include VAT.
Solbio® guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, reasonable standards of quality and usability, and applicable statutory and governmental regulations in force on the date the agreement takes effect.
If agreed, Solbio® also guarantees that the product is suitable for uses other than normal use.
Any warranty provided by Solbio®, the manufacturer, or the importer does not affect the statutory rights and claims that the Buyer or Consumer Buyer may assert against Solbio® under the agreement.
Orders shall be delivered as quickly as possible. In principle, Solbio® aims to dispatch orders placed before 4:00 PM on a business day on the same day. Solbio® shall exercise due care when receiving and delivering ordered products and when assessing requests for services.
The place of delivery shall be the address provided by the Buyer or Consumer Buyer.
Subject to the provisions of Article 4 of these Terms and Conditions, Solbio® shall execute accepted orders with due speed and no later than 30 days unless a longer delivery period has been agreed. If delivery is delayed, or if an order cannot be fulfilled or can only be fulfilled in part, the Buyer or Consumer Buyer shall be informed no later than 30 days after placing the order. In such cases, the Buyer or Consumer Buyer shall have the right to terminate the agreement free of charge and shall be entitled to compensation.
If the agreement is terminated in accordance with the previous paragraph, Solbio® shall refund the amount paid by the Buyer or Consumer Buyer as soon as possible and no later than 30 days after termination.
If delivery of an ordered product proves impossible, Solbio® shall make every effort to provide a replacement product. The Buyer or Consumer Buyer shall be informed clearly and understandably no later than at the time of delivery that a replacement item is being supplied. The right of withdrawal cannot be excluded for replacement products. Any return shipping costs shall be borne by Solbio®.
Unless expressly agreed otherwise, the risk of damage to or loss of products remains with Solbio® until the moment of delivery to the Buyer or Consumer Buyer or a representative designated in advance and made known to Solbio®.
The Buyer or Consumer Buyer may terminate an agreement entered into for an indefinite period and which provides for the regular delivery of products at any time, subject to the applicable termination rules and a notice period of at least one month.
The Buyer or Consumer Buyer may terminate an agreement entered into for a fixed period and which provides for the regular delivery of products at any time at the end of the fixed term, subject to the applicable termination rules and a notice period of at least one month.
With regard to the agreements described in the preceding paragraphs, the Buyer or Consumer Buyer may:
terminate the agreement at any time and shall not be restricted to termination at a specific time or during a specific period;
terminate the agreement in at least the same manner as that in which it was concluded;
always terminate the agreement with the same notice period as Solbio® has stipulated for itself.
An agreement entered into for a fixed period and intended for the regular delivery of products may not be tacitly renewed or extended for a fixed term.
If the agreement has a duration of more than one year, the Buyer or Consumer Buyer may terminate the agreement at any time after one year, subject to a notice period of no more than one month, unless reasonableness and fairness prevent termination before the end of the agreed term.
Unless otherwise agreed, all amounts owed by the Buyer or Consumer Buyer shall be payable within 14 days after the commencement of the cooling-off period referred to in Article 6(1). In the case of an agreement for the provision of a service, this period shall commence when the Buyer or Consumer Buyer has received confirmation of acceptance.
In the sale of products to a Buyer or Consumer Buyer, a prepayment exceeding 50% may never be stipulated in general terms and conditions. Where prepayment has been agreed, the Buyer or Consumer Buyer may not assert any rights regarding the execution of the order or service(s) before the agreed prepayment has been made.
The Buyer or Consumer Buyer is obliged to report any inaccuracies in payment details provided or stated to Solbio® without delay.
If the Buyer or Consumer Buyer fails to meet their payment obligations, Solbio® shall be entitled, subject to statutory limitations, to charge any reasonable costs that have been communicated to the Buyer or Consumer Buyer in advance.
Solbio® maintains a sufficiently publicized complaints procedure and shall handle complaints in accordance with that procedure.
Complaints concerning the performance of the agreement must be submitted to Solbio® within a reasonable period after the Buyer or Consumer Buyer has discovered the defects, and must be described fully and clearly.
Complaints submitted to Solbio® shall be answered within 14 days from the date of receipt. If a complaint is expected to require a longer processing time, Solbio® shall acknowledge receipt of the complaint within 14 days and provide an indication of when the Buyer or Consumer Buyer can expect a more detailed response.
If the complaint cannot be resolved by mutual agreement, it shall become a dispute subject to the dispute resolution provisions.
All agreements between Solbio® and the Buyer or Consumer Buyer shall be governed exclusively by Belgian law, excluding conflict-of-law rules that would designate foreign law.
The applicability of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is expressly excluded.
All disputes arising from or relating to offers made by Solbio®, or any agreement concluded as a result thereof, shall be submitted to the competent courts of Antwerp, unless mandatory legal provisions expressly designate another competent court.
If any provision of these Terms and Conditions is held to be unlawful, invalid, or unenforceable for any reason, such provision shall be severable from the remaining provisions and shall not affect the validity or enforceability of the remaining provisions of these Terms and Conditions.
These Terms and Conditions constitute the entire agreement between the Buyer or Consumer Buyer and Solbio® with respect to the subject matter hereof.
Any supplementary or deviating provisions from these Terms and Conditions may not be to the detriment of the Buyer or Consumer Buyer and must be recorded in writing or in such a manner that the Buyer or Consumer Buyer can store them in an accessible way on a durable data carrier.
