Terms and Conditions

Article 6 – Right of Withdrawal

For the delivery of products:

1. 1. When purchasing products, the consumer has the option to dissolve the agreement without stating reasons for 14 days. This reflection period commences on the day following receipt of the product by the consumer or a pre-designated representative made known to the entrepreneur.
   2. During the reflection period, the consumer will handle the product and its packaging with care. He will only unpack or use the product to the extent necessary to judge whether he wishes to keep the product. If he exercises his right of withdrawal, he will return the product with all 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 his right of withdrawal, he is obliged to notify the entrepreneur within 14 days of receiving the product. The consumer must make this notification using the model form. After the consumer has expressed the wish to exercise his right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the delivered goods were returned on time, for example through a proof of mailing.

• If the customer fails to express the wish to exercise his right of withdrawal or fails to return the product to the entrepreneur within the time frame mentioned in sections 2 and 3, the purchase becomes final.

For the delivery of services:

1. For the delivery of services, the consumer has the possibility to dissolve the agreement without stating reasons for at least 14 days, starting on the day of entering into the agreement.
2. To exercise his right of withdrawal, the consumer will follow the reasonable and clear instructions provided by the entrepreneur with the offer and/or at the latest upon delivery.

Article 7 – Costs in Case of Withdrawal

1. If the consumer exercises his right of withdrawal, the maximum cost of return shipping will be borne by the consumer.
2. If the consumer has made a payment, the entrepreneur will refund this amount as soon as possible, but no later than 14 days following withdrawal. This is subject to the condition that the product has already been received back by the online retailer or conclusive proof of complete return can be submitted. Refunds will be made via the same payment method used by the consumer unless the consumer explicitly agrees to a different method.
3. If the product is damaged due to careless handling by the consumer, the consumer is liable for any diminished value of the product.
4. The consumer cannot be held responsible for the diminished value of the product if the entrepreneur has not provided all legally required information about the right of withdrawal, this must be done before the conclusion of the purchase agreement.

Article 8 – Exclusion of the Right of Withdrawal

1. The entrepreneur can exclude the consumer’s right of withdrawal for products as described in paragraphs 2 and 3.
2. The exclusion of the right of withdrawal is only possible for products:

1. that were realized according to the consumer’s specifications;
2. that are clearly personal in nature;
3. that cannot be returned due to their nature;
4. that can spoil or age quickly;
5. whose prices are dependent on fluctuations in the financial market over which the entrepreneur has no influence;
6. for single newspapers and magazines;
7. for audio and video recordings and computer software of which the consumer has broken the seal.
8. for hygienic products of which the consumer has broken the seal.

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

1. concerning accommodation, transport, restaurant business, or leisure activities to be carried out on a certain date or during a specific period;
2. whose delivery has begun with the consumer’s explicit consent before the end of the cooling-off period;
3. concerning bets and lotteries.

Article 9 – The Price

1. 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.
2. Notwithstanding 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, with variable prices. This bondage to fluctuations and the fact that any mentioned prices are target prices will be stated in the offer.
3. Price increases within 3 months after the conclusion of the contract are only allowed if they are the result of statutory regulations or provisions.
4. Price increases from 3 months after the conclusion of the contract are only allowed if the entrepreneur has stipulated this and:

1. they are the result of statutory regulations or provisions; or
2. the consumer has the right to terminate the contract with effect from the day on which the price increase takes effect.

1. The prices mentioned in the offer of products or services include VAT.
2. All prices are subject to printing and typographical errors. No liability is accepted for the consequences of printing and typographical errors. In case of printing and typographical errors, the entrepreneur is not obliged to deliver the product according to the erroneous price.

Article 10 – Conformity and Warranty

1. The entrepreneur ensures that the products and/or services comply with the contract, the specifications listed in the offer, the reasonable requirements of reliability and/or usability, and the existing legal provisions and/or government regulations on the date the contract was concluded. If agreed, the entrepreneur also ensures that the product is suitable for other than normal use.
2. A warranty provided by the entrepreneur, a manufacturer, or an importer does not detract from the legal rights and claims that the consumer can assert against the entrepreneur under the contract.
3. Any defects or incorrectly delivered products must be reported in writing to the entrepreneur within 2 months after delivery. Return of the products must be in the original packaging and in new condition.
4. 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.
5. The warranty does not apply if:

• The consumer has repaired and/or processed the delivered products himself or has had them repaired and/or processed by third parties;
• The delivered products have been exposed to abnormal conditions or otherwise have been handled carelessly or contrary to the instructions of the entrepreneur and/or on the packaging;
• The inadequacy is wholly or partly the result of regulations that the government has made or will make regarding the nature or quality of the materials used.

Article 11 – Delivery and Execution

1. The entrepreneur shall observe the greatest possible care when receiving and executing orders for products and when assessing requests for the provision of services.
2. As place of delivery, the address that the consumer has made known to the company applies.
3. Taking into account what is stated about this in paragraph 4 of this article, the company will execute accepted orders expediently but at least within 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot be executed or only partially, the consumer will be notified of this no later than 30 days after he placed the order. In that case, the consumer has the right to dissolve the contract at no cost and is entitled to any compensation.
4. In the case 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 dissolution.
5. If delivery of an ordered product proves impossible, the entrepreneur will endeavor to make a replacement item available. At the latest at the time of delivery, it will be clearly and comprehensibly reported that a replacement article is being delivered. For replacement items, the right of withdrawal cannot be excluded. The costs of any return shipment are for the account of 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 pre-designated representative made known to the entrepreneur, unless expressly agreed otherwise.

Article 12 – Duration Transactions: Duration, Cancellation, and Extension

Cancellation

1. The consumer can cancel an agreement that has been entered into for an indefinite period and that extends to the regular delivery of products (including electricity) or services, at any time with due observance of the agreed cancellation rules and a notice of up to one month.
2. The consumer can terminate an agreement that has been entered into for a definite period and that extends to the regular delivery of products (including electricity) or services, at any time by the endof the specified duration with due observance of the agreed cancellation rules and a notice of up to one month.
3. The consumer can the agreements mentioned in the previous paragraphs:

• • cancel at any time and not be limited to cancellation at a specific time or in a specific period;
  • at least cancel in the same way as they are entered into by him;

• always cancel with the same notice period as the entrepreneur has stipulated for himself.

Extension

1. 1. An agreement that has been entered into for a definite period and that extends to the regular delivery of products (including electricity) or services, may not be automatically extended or renewed for a fixed duration.
   2. Notwithstanding the previous paragraph, an agreement that has been entered into for a definite period and that extends to the regular delivery of daily news and weekly newspapers and magazines may be silently extended for a fixed term of a maximum of three months, if the consumer can cancel this extended agreement by the end of the extension with a notice period of at most one month.
   3. An agreement that has been entered into for a definite period and that extends to the regular delivery of products or services, may only be silently extended for an indefinite period if the consumer can cancel at any time with a notice period of at most one month and a notice period of at most three months if the agreement extends to the regular, but less than once a month, delivery of daily, news and weekly newspapers and magazines.

• An agreement with a limited duration to the regular introductory delivery of daily, news and weekly newspapers and magazines (trial or introductory subscription) is not tacitly continued and ends automatically at the end of the trial or introductory period.

Duration

1. If an agreement has a duration of more than one year, after a year the consumer may at any time terminate the agreement with a notice period of at most one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.

Article 13 – Payment

1. Unless otherwise stipulated in the agreement or additional conditions, the amounts owed by the consumer should be paid within 14 days after the cooling-off period, or in the absence of a cooling-off period within 14 days after concluding the agreement. In case of an agreement to provide a service, this period starts on the day after the consumer has received the confirmation of the agreement.
2. The consumer has the duty to report inaccuracies in provided or stated payment details to the entrepreneur without delay.
3. In case of default by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the reasonable costs announced to the consumer beforehand.

Article 14 – Complaints Procedure

1. The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint accordingto this complaints procedure.
2. Complaints about the implementation of the agreement must be submitted fully and clearly described to the entrepreneur within a reasonable time after the consumer has discovered the defects.
3. 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 reply within the 14-day period with an acknowledgment of receipt and an indication when the consumer can expect a more detailed answer.
4. If the complaint cannot be resolved in mutual consultation within a reasonable time or within 3 months after submitting the complaint, a dispute arises that is subject to the dispute resolution procedure.
5. In case of complaints, a consumer should first turn to the entrepreneur. It is also possible to register complaints via the European ODR platform (http://ec.europa.eu/odr).
6. A complaint does not suspend the entrepreneur’s obligations, unless the entrepreneur indicates otherwise in writing.
7. If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at its discretion, either replace or repair the delivered products free of charge.

Article 15 – Disputes

1. 1. Contracts between the entrepreneur and the consumer to which these general terms and conditions relate, are exclusively governed by Belgian law. This also applies if the consumer resides abroad.

• The Vienna Sales Convention does not apply.

Article 16 – Additional or Different Provisions

Additional provisions or provisions that deviate from these general terms and conditions may not be to the consumer’s detriment and must be recorded in writing or in such a manner that they can be stored by the consumer in an accessible manner on a durable medium.

Model Withdrawal Form

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

To

NAME: Solmensid SRL

ADDRESS: Lageweg 382, 2660 Hoboken Antwerpen, Belgium

I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods/provision of the following service (*):

— Ordered on (DD-MM-YYYY) :

— Order number :

— Received on (DD-MM-YYYY):

— Name/Names of consumer(s)

— Address of consumer(s):

— IBAN Account number:

— Signature of consumer(s) (only if this form is notified on paper)

— Date(DD-MM-YYYY):

(*) Delete where not applicable.