Terms & Conditions

Article 1 – Definitions

In these terms and conditions, the following definitions apply:

Cooling-off period: the period within which the consumer may exercise the right of withdrawal.

Consumer: the natural person who does not act in the course of a profession or business and enters into a distance contract with the entrepreneur.

Day: calendar day.

Long-term transaction: a distance contract relating to a series of products and/or services, for which the delivery and/or purchase obligations are spread over time.

Durable data carrier: any tool that enables the consumer or the entrepreneur to store information addressed personally to them in a way that allows future consultation and unchanged reproduction of the stored information.

Right of withdrawal: the consumer’s option to withdraw from the distance contract within the cooling-off period.

Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance.

Distance contract: any contract concluded within the framework of a system organized by the entrepreneur for distance selling of products and/or services, where up to and including the conclusion of the contract only one or more techniques for distance communication are used.

Technique for distance communication: any means that can be used to conclude a contract without the consumer and the entrepreneur being simultaneously present in the same space.

General Terms and Conditions: these present General Terms and Conditions of the entrepreneur.

Article 2 – Applicability

These general terms and conditions apply to every offer from the entrepreneur and to every distance contract concluded between the entrepreneur and the consumer.

Before the distance contract is concluded, the consumer will be provided with the text of these general terms and conditions. If this is not reasonably possible, the entrepreneur will indicate, prior to concluding the distance contract, where the terms and conditions can be inspected and that they will be sent to the consumer free of charge upon request.

If the distance contract is concluded electronically, the conditions in the previous paragraph may be deviated from, and the text of these general terms and conditions may be provided to the consumer electronically in such a way that they can be easily stored on a durable data carrier. If this is not reasonably possible, prior to concluding the distance contract the entrepreneur will indicate where the terms and conditions can be viewed electronically, and that they will be sent electronically or by other means free of charge upon request.

If specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply correspondingly, and in case of conflicting terms, the consumer may always rely on the provision that is most favorable to them.

If any provision of these general terms and conditions is null or annulled in whole or in part at any time, the remainder of the agreement and these terms will remain in force, and the provision in question will be replaced by a provision that approximates the original intent as closely as possible.

Situations not covered by these general terms and conditions must be assessed in the “spirit” of these terms and conditions.

Uncertainties regarding the interpretation or content of one or more provisions must be interpreted in the “spirit” of these general terms and conditions.

Article 3 – The Offer

If an offer has a limited validity or is subject to conditions, this will be explicitly stated in the offer.

The offer is non-binding. The entrepreneur is entitled to modify or adjust the offer.

The offer includes a complete and accurate description of the products and/or services offered. The description is sufficiently detailed for the consumer to make a proper assessment. If images are used, they are a truthful representation of the products and/or services. Obvious mistakes or errors do not bind the entrepreneur.

All images, specifications, or details in the offer are indicative and may not be grounds for compensation or termination of the contract.

Images of products are a truthful representation of the offered products. The entrepreneur cannot guarantee that displayed colors precisely match the actual colors of the products.

Every offer includes information that clearly states the consumer’s rights and obligations upon acceptance, particularly regarding:

  • the price, excluding customs clearance fees and import VAT. These additional costs are at the consumer’s expense and risk. Postal and/or courier services may apply the special arrangement for postal and courier services when importing goods into the EU destination country. They will collect VAT and any clearance fees from the recipient;

  • any shipping costs;

  • the method by which the contract will be concluded and what actions are required;

  • whether the right of withdrawal applies;

  • the method of payment, delivery, and contract execution;

  • the period during which the offer may be accepted, or the period during which the price is guaranteed;

  • the rate for remote communication if costs differ from the basic rate of the communication method used;

  • whether the contract will be archived after conclusion and how it can be accessed by the consumer;

  • the way the consumer can check and correct the information provided before concluding the contract;

  • any languages, besides Dutch, in which the contract can be concluded;

  • the codes of conduct to which the entrepreneur adheres and how the consumer can consult them electronically;

  • the minimum duration of a long-term transaction, if applicable.

Optional: available sizes, colors, and material types.

Article 4 – The Contract

The contract is concluded, subject to paragraph 4, at the moment the consumer accepts the offer and meets the conditions attached to it.

If the consumer accepts the offer electronically, the entrepreneur will immediately confirm receipt of acceptance electronically. Until this confirmation has been received, the consumer may dissolve the contract.

If the contract is concluded electronically, the entrepreneur will implement appropriate technical and organizational measures to secure electronic data transfer and will ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will take suitable security measures.

The entrepreneur may, within legal boundaries, check whether the consumer can meet their payment obligations, as well as all facts and factors relevant to responsibly entering into a distance contract. If, based on this investigation, the entrepreneur has valid grounds not to enter into the contract, he is entitled to refuse an order or to attach special conditions to execution.

The entrepreneur will provide the following information to the consumer in writing or in a way that allows it to be stored on a durable data carrier:

  • the visit address of the entrepreneur’s establishment where complaints may be submitted;

  • the conditions and method for exercising the right of withdrawal, or a clear statement if the right of withdrawal is excluded;

  • information on warranties and after-sales services;

  • the data listed in Article 4 paragraph 3, unless already provided before the execution of the contract;

  • the conditions for termination if the contract has a duration of more than one year or is of indefinite duration.

In the case of a long-term transaction, the above applies only to the first delivery.

Every contract is concluded under the suspensive condition of sufficient availability of the products.

Article 5 – Right of Withdrawal

When purchasing products, the consumer has the right to dissolve the contract within 30 days without giving any reason. This cooling-off period begins on the day after the consumer—or a representative designated by the consumer—receives the product.

During the cooling-off period, the consumer must handle the product and packaging with care. The consumer may only unpack or use the product to the extent necessary to determine whether they wish to keep it. If exercising the right of withdrawal, the consumer must return the product with all accessories, in original condition and packaging (if reasonably possible), following the reasonable and clear instructions provided by the entrepreneur.

If the consumer wishes to exercise the right of withdrawal, they must notify the entrepreneur within 30 days after receiving the product via written message/email. After notifying the entrepreneur, the consumer must return the product within 14 days. The consumer must prove that the goods were returned on time, for example with a shipping receipt.

If the consumer has not communicated the wish to exercise the right of withdrawal within the periods in paragraphs 2 and 3, or has not returned the product, the purchase becomes final.

Article 6 – Costs in Case of Withdrawal

If the consumer exercises the right of withdrawal, the return shipping costs are at the consumer’s expense.

If the consumer has paid any amount, the entrepreneur will refund the amount as soon as possible, but no later than 14 days after withdrawal, provided the product has been received by the entrepreneur or conclusive proof of return has been provided.

Article 7 – Exclusion of the Right of Withdrawal

The entrepreneur may exclude the consumer’s right of withdrawal for the products described in paragraphs 2 and 3, provided this exclusion was clearly stated in the offer or in time before the contract was concluded.

Exclusion is possible for products:

  • produced according to consumer specifications;

  • clearly personal in nature;

  • which cannot be returned due to their nature;

  • that may perish or age quickly;

  • whose price depends on fluctuations in the financial market beyond the entrepreneur’s control;

  • newspapers and magazines;

  • audio and video recordings or software whose seals have been broken;

  • hygienic products whose seals have been broken.

Exclusion is possible for services:

  • relating to accommodation, transport, restaurant services, or leisure activities on a specific date or period;

  • whose performance has begun with the consumer’s express consent before the cooling-off period has expired;

  • relating to betting and lotteries.

Article 8 – The Price

During the validity period stated in the offer, the prices of products and/or services will not be increased, except for changes due to VAT adjustments.

Contrary to the previous paragraph, the entrepreneur may offer products or services with variable prices if these depend on financial market fluctuations beyond the entrepreneur’s control. This dependency and the fact that listed prices are target prices will be stated.

Price increases within 3 months after contract conclusion are only allowed if mandated by law.

Price increases after 3 months are allowed only if agreed upon and:

  • mandated by law; or

  • the consumer may terminate the contract starting the date the price increase takes effect.

The place of supply is determined under Article 5 paragraph 1 of the Dutch 1968 VAT Act, meaning the supply occurs where transportation begins. In this case, supply occurs outside the EU. As a result, postal or courier services will collect import VAT and clearance fees from the purchaser, and the entrepreneur will not charge VAT.

All prices are subject to typographical and printing errors. No liability is accepted for such errors. In the event of such errors, the entrepreneur is not obligated to deliver the product at the incorrect price.

Article 9 – Identity of the Entrepreneur

Company name: SOMLUM
Business address: Geerhoek 29
                                4727 EG, Wouw
E-mail address: info@somlum.com
Chamber of Commerce number: 6843077
VAT identification number: NL2303118B01

Article 10 – Conformity and Warranty

The entrepreneur guarantees that the products and/or services comply with the contract, the specifications stated in the offer, the reasonable requirements of reliability and usability, and existing legal provisions on the date the contract was concluded. If agreed, the entrepreneur also guarantees suitability for non-standard use.

A warranty provided by the entrepreneur, manufacturer, or importer does not affect the consumer’s statutory rights.

Any defects or incorrectly delivered products must be reported in writing to the entrepreneur within 14 days. Products must be returned in original packaging and in new condition.

The warranty period corresponds to the manufacturer’s warranty period. The entrepreneur is never liable for the ultimate suitability of the products for any individual consumer purpose, nor for advice regarding use or application.

The warranty does not apply if:

  • the consumer repaired or altered the product, or had it repaired or altered by third parties;

  • the products were exposed to abnormal conditions, treated carelessly, or used contrary to instructions;

  • defects arise from government-imposed regulations concerning materials.

Article 11 – Delivery and Execution

The entrepreneur will exercise the highest possible care in receiving and executing product orders.

Delivery occurs to the address provided by the consumer.

Subject to Article 4, the entrepreneur will execute accepted orders promptly and no later than 30 days unless the consumer agreed to a longer period. If delivery is delayed or an order cannot be fulfilled (in whole or part), the consumer will be informed within 30 days. The consumer may dissolve the contract at no cost and is entitled to a refund.

In case of dissolution, the entrepreneur will refund the amount paid as soon as possible and no later than 14 days.

If a product is unavailable, the entrepreneur will offer a replacement item. This will be clearly stated upon delivery. For replacement items, the right of withdrawal cannot be excluded. Return shipping of replacement items is at the entrepreneur’s expense.

Risk of damage or loss rests with the entrepreneur until delivery to the consumer or a representative designated by the consumer.

Article 12 – Long-term Transactions: Duration, Termination, and Renewal

Termination

The consumer may terminate an indefinite contract for the regular supply of products or services at any time, with a notice period of no more than one month.

The consumer may terminate a fixed-term contract for regular supply of products or services at the end of the agreed period, with a notice period of no more than one month.

The consumer may:

  • terminate at any time, not restricted to a specific date;

  • terminate in the same manner the contract was entered into;

  • always terminate with the same notice period the entrepreneur applies to themselves.

Renewal

A fixed-term contract for the regular supply of products or services may not be tacitly renewed.

Exceptions:

  • Fixed-term subscriptions for newspapers and magazines may be tacitly renewed for up to three months if the consumer may terminate at the end of the extension with one month’s notice.

A fixed-term contract may be renewed for an indefinite period only if the consumer may terminate at any time with one month’s notice (or three months for less-than-monthly newspaper or magazine supply).

Trial subscriptions end automatically after the trial period.

Duration

If a contract exceeds one year, the consumer may terminate after one year with a notice period of one month, unless termination before the end of the agreed duration would be unreasonable.

Article 13 – Payment

Unless otherwise agreed, amounts owed by the consumer must be paid within 7 business days after the cooling-off period referred to in Article 6 paragraph 1. For service contracts, this period begins after the consumer receives confirmation.

The consumer must promptly report incorrect or incomplete payment information to the entrepreneur.

If the consumer fails to pay, the entrepreneur may charge reasonable costs previously communicated to the consumer.

Article 14 – Complaints Procedure

Complaints about the execution of the contract must be submitted fully and clearly within 7 days after the consumer identifies the defects.

The entrepreneur will respond within 14 days. If a complaint requires more time, the entrepreneur will acknowledge receipt within 14 days and indicate when a more detailed response can be expected.

If the complaint cannot be resolved mutually, a dispute arises that is subject to the dispute resolution procedure.

A complaint does not suspend the entrepreneur’s obligations unless stated otherwise in writing.

If a complaint is justified, the entrepreneur will replace or repair the delivered product free of charge.

Article 15 – Disputes

Dutch law exclusively applies to contracts between the entrepreneur and consumer to which these general terms and conditions apply, even if the consumer lives abroad.

Article 16 – CESOP

Due to measures effective from 2024 under the “Act Amending the 1968 Turnover Tax Act (Implementation of the Payment Services Directive)” and the implementation of the Central Electronic System of Payment Information (CESOP), payment service providers may record data in the European CESOP system.