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General terms and conditions

Article 1 – Definitions

In these terms and conditions, the following definitions apply:
Cooling-off period: The period within which the consumer can make use of his right of withdrawal.
Consumer: The natural person who does not act for purposes related to his trade, business, craft, or profession and who enters into a distance contract with the entrepreneur.
Day: Calendar day.
Long-term transaction: A distance contract concerning 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 that is personally addressed to him 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: An agreement concluded between So-Layo and the consumer within the framework of an organized system for distance selling 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: A method that can be used to conclude an agreement without the consumer and So-Layo being simultaneously present in the same space.
General Terms and Conditions: These present General Terms and Conditions of So-Layo.

Article 2 – Right of Withdrawal

The consumer has the right to withdraw from the agreement within a cooling-off period of 30 days without giving any reason. During the cooling-off period, the consumer shall handle the product and its packaging with care.
If the consumer exercises his right of withdrawal, he shall return the product with all supplied accessories and, if reasonably possible, in its original condition, in accordance with the reasonable instructions provided by So-Layo.

Article 3 – Applicability

These general terms and conditions apply to every offer from So-Layo and to every distance contract and order concluded between So-Layo and the consumer.
Before the distance contract is concluded, the text of these general terms and conditions shall be made available to the consumer. If this is not reasonably possible, it shall be indicated before the distance contract is concluded that the general terms and conditions are available for inspection at So-Layo’s premises and that they will be sent to the consumer free of charge as soon as possible upon request.
If the distance contract is concluded electronically, then, contrary to the previous paragraph, and before the distance contract is concluded, the text of these general terms and conditions may be provided to the consumer electronically in such a way that the consumer can easily store it on a durable data carrier. If this is not reasonably possible, it shall be indicated before the distance contract is concluded where the general terms and conditions can be accessed electronically and that they will be sent electronically or otherwise free of charge upon request by the consumer.
In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs shall apply correspondingly, and the consumer may always rely on the applicable provision that is most favorable to him in the event of conflicting terms.
If one or more provisions in these general terms and conditions are at any time wholly or partially null and void or annulled, the agreement and these conditions shall remain in force for the rest, and the relevant provision shall be replaced in mutual consultation as soon as possible by a provision that approximates the intent of the original as closely as possible.
Situations not covered by these general terms and conditions shall be assessed ‘in the spirit’ of these general terms and conditions.
Uncertainties regarding the interpretation or content of one or more provisions of our terms and conditions shall be interpreted ‘in the spirit’ of these general terms and conditions.

Article 4 – The Offer

If an offer has a limited validity period or is made subject to conditions, this shall be explicitly stated in the offer. The offer is non-binding. So-Layo is entitled to modify or amend the offer.
The offer contains a complete and accurate description of the offered products and/or services. The description is sufficiently detailed to enable a proper assessment of the offer by the consumer.
If So-Layo uses images, these are a true representation of the offered products and/or services. Obvious mistakes or errors in the offer do not bind So-Layo.
All images and specifications in the offer are indicative and cannot give rise to compensation or dissolution of the contract.
Images of products are a true representation of the offered products. So-Layo cannot guarantee that the displayed colors exactly match the actual colors of the products.
Each offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer. This includes, in particular:

Any shipping costs;
The manner in which the contract will be concluded and what actions are required for that purpose;
Whether or not the right of withdrawal applies;
The method of payment, delivery, and performance of the contract;
The period for accepting the offer, or the period within which So-Layo guarantees the price;
The rate for distance communication if the costs of using the distance communication technique are calculated on a different basis than the regular base rate for the means of communication used;
Whether the agreement, once concluded, will be archived and, if so, how it can be accessed by the consumer;
The way in which the consumer, before concluding the contract, can check and, if desired, correct the information he has provided in the context of the contract;
Any other languages besides Dutch in which the contract may be concluded;
The codes of conduct to which So-Layo has subscribed and how the consumer can consult these codes electronically;
The minimum duration of the distance contract in the case of a long-term transaction;
Optional: available sizes, colors, types of materials.

Article 5 – The Agreement

The contract is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and meets the associated conditions.
If the consumer has accepted the offer electronically, So-Layo shall promptly confirm receipt of acceptance of the offer electronically. As long as receipt of this acceptance has not been confirmed by So-Layo, the consumer may dissolve the contract.
If the contract is concluded electronically, So-Layo shall take appropriate technical and organizational measures to secure the electronic transmission of data and ensure a safe web environment. If the consumer can pay electronically, So-Layo shall observe appropriate security measures for that purpose.
So-Layo may, within legal frameworks, inquire whether the consumer can meet his payment obligations, as well as all facts and factors relevant to a responsible conclusion of the distance contract. If, based on this investigation, So-Layo has good reason not to enter into the contract, it is entitled to refuse an order or application or to attach special conditions to its execution, with proper motivation.
So-Layo shall include the following information with the product or service, in writing or in a manner that allows the consumer to store it on a durable data carrier:

The visiting address of So-Layo’s establishment where the consumer can submit complaints;
The conditions under which and the method by which the consumer may exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
Information about warranties and existing after-sales services;
The data referred to in Article 4, paragraph 3 of these terms, unless So-Layo has already provided this information to the consumer before the execution of the contract;
The conditions for terminating the contract 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 provision in the previous paragraph applies only to the first delivery. Each contract is concluded subject to the suspensive condition of sufficient availability of the relevant products.

Article 6 – Right of Withdrawal

When purchasing products, the consumer has the option to dissolve the contract without giving reasons for 30 days.
This cooling-off period starts on the day after receipt of the product by the consumer or a representative previously designated by the consumer and known to So-Layo.
During the cooling-off period, the consumer shall handle the product and packaging carefully. He shall only unpack or use the product to the extent necessary to determine whether he wishes to keep it.
If he exercises his right of withdrawal, he shall return the product with all supplied accessories and – if reasonably possible – in its original condition and packaging to So-Layo, in accordance with the reasonable and clear instructions provided by So-Layo.
If the consumer wishes to exercise his right of withdrawal, he is obliged to notify So-Layo within 30 days after receiving the product. Notification must be made in writing or by email.
After the consumer has notified that he wishes to exercise his right of withdrawal, he must return the product within 30 days. The consumer must prove that the goods were returned on time, for example by providing proof of shipment.
If the consumer has not indicated within the periods mentioned in paragraphs 2 and 3 that he wishes to exercise his right of withdrawal and/or has not returned the product to So-Layo, the purchase becomes final.

Article 7 – Costs in Case of Withdrawal

If the consumer exercises his right of withdrawal, the return costs of the products are borne by the consumer.
If the consumer has paid an amount, So-Layo shall refund this amount as soon as possible, but no later than 30 days after withdrawal, provided that the product has already been received back by So-Layo or conclusive proof of complete return has been provided.

Article 8 – Exclusion of the Right of Withdrawal

So-Layo may exclude the consumer’s right of withdrawal for certain products as described in paragraphs 2 and 3. Exclusion of the right of withdrawal applies only if So-Layo has clearly stated this in the offer, at least in good time before the conclusion of the contract.
Exclusion of the right of withdrawal is only possible for products:

That have been created by So-Layo in accordance with the consumer’s specifications;
That are clearly personal in nature;
That cannot be returned due to their nature;
That can spoil or age quickly;
Whose price depends on fluctuations in the financial market over which So-Layo has no influence;
For single newspapers and magazines;
For audio and video recordings and computer software whose seal has been broken by the consumer;
For hygienic products whose seal has been broken by the consumer.

Article 9 – The Price

During the validity period stated in the offer, the prices of the offered products and/or services shall not be increased, except for price changes resulting from changes in VAT rates.
Contrary to the previous paragraph, So-Layo may offer products or services whose prices are subject to fluctuations in the financial market and over which So-Layo has no influence, at variable prices. This link to fluctuations and the fact that stated prices are guide prices shall be stated in the offer.
Price increases within three months after the conclusion of the contract are only permitted if they result from statutory regulations or provisions.
Price increases from three months after the conclusion of the contract are only permitted if So-Layo has stipulated this and:

They result from statutory regulations or provisions; or
The consumer has the right to terminate the contract from the day on which the price increase takes effect.
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, So-Layo is not obliged to deliver the product at the incorrect price.

Article 10 – Conformity and Warranty

So-Layo guarantees that the products and/or services comply with the contract, the specifications stated in the offer, reasonable requirements of reliability and/or usability, and the legal provisions and/or government regulations existing on the date of the conclusion of the contract. If agreed, So-Layo also guarantees that the product is suitable for use other than normal.
A warranty provided by So-Layo, manufacturer, or importer does not affect the consumer’s statutory rights and claims under the contract against So-Layo.
Any defects or incorrectly delivered products must be reported to So-Layo in writing within 30 days after delivery. Returned products must be sent back in their original packaging and in new condition.
The warranty period provided by So-Layo corresponds to the manufacturer’s warranty period. However, So-Layo 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.
The warranty does not apply if:

The consumer has repaired and/or modified the delivered products himself or has had them repaired and/or modified by third parties;
The delivered products have been exposed to abnormal conditions or otherwise handled carelessly or contrary to So-Layo’s instructions and/or the packaging;
The defect is wholly or partially the result of government regulations regarding the nature or quality of the materials used.

Article 11 – Delivery and Execution

So-Layo shall exercise the greatest possible care when receiving and executing orders for products.
With due observance of what is stated in Article 4 of these terms and conditions, the company shall execute accepted orders with due speed but no later than within 30 days, unless the consumer has agreed to a longer delivery period.
If delivery is delayed, or if an order cannot or can only partially be executed, the consumer shall be informed no later than 30 days after placing the order. In such cases, the consumer has the right to terminate the contract at no cost and is entitled to possible compensation.
In case of termination in accordance with the previous paragraph, So-Layo shall refund the amount paid by the consumer as soon as possible but no later than 30 days after termination.
If delivery of an ordered product proves impossible, So-Layo shall make every effort to make a replacement item available. At the latest upon delivery, it shall be clearly indicated that a replacement item is being provided.
For replacement items, the right of withdrawal cannot be excluded. The cost of any return shipment is borne by So-Layo.
The risk of damage and/or loss of products rests with So-Layo until the moment of delivery to the consumer or a representative designated in advance and made known to So-Layo, unless expressly agreed otherwise.

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

Termination
The consumer may terminate a contract entered into for an indefinite period, which extends to the regular delivery of products (including electricity) or services, at any time with due observance of the agreed termination rules and a notice period of no more than one month.
The consumer may terminate a fixed-term contract which extends to the regular delivery of products (including electricity) or services at any time at the end of the fixed term, with due observance of the agreed termination rules and a notice period of no more than one month.
The consumer may:

Terminate the agreements mentioned in the previous paragraphs at any time and not be restricted to termination at a specific time or during a specific period;
At least terminate in the same way as they were entered into;
Always terminate with the same notice period as So-Layo has stipulated for itself.

Renewal
A fixed-term contract that extends to the regular delivery of products (including electricity) or services may not be tacitly renewed or extended for a fixed duration.
Contrary to the previous paragraph, a fixed-term contract for the regular delivery of daily, news, and weekly newspapers and magazines may be tacitly renewed for a fixed duration of up to three months, provided the consumer can terminate the extended contract at the end of the extension with a notice period of no more than one month.
A fixed-term contract for 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 contract involves the regular, but less than once a month, delivery of daily, news, and weekly newspapers and magazines.
A limited-duration contract for the regular introductory 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
If a contract has a duration of more than one year, the consumer may terminate the contract at any time after one year with a notice period of no more than one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.

Article 13 – Payment

Unless otherwise agreed, the amounts owed by the consumer must be paid within seven working days after the start of the cooling-off period referred to in Article 6, paragraph 1.
In the case of a service contract, this period starts after the consumer has received confirmation of the agreement.
The consumer is obliged to immediately report inaccuracies in provided or stated payment details to So-Layo.
In case of non-payment by the consumer, So-Layo has the right, subject to legal restrictions, to charge the consumer reasonable costs made known in advance.

Article 14 – Complaints Procedure

Complaints about the execution of the contract must be submitted fully and clearly described to So-Layo within seven days after the consumer has discovered the defects.
Complaints submitted to So-Layo shall be answered within 14 days from the date of receipt.
If a complaint requires a foreseeably longer processing time, So-Layo shall respond within the 14-day period with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed response.
If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute resolution procedure.
A complaint does not suspend So-Layo’s obligations unless So-Layo indicates otherwise in writing.
If a complaint is found to be justified by So-Layo, So-Layo shall, at its discretion, either replace or repair the delivered products free of charge.

Article 15 – Disputes

Contracts between So-Layo and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law.
This also applies if the consumer resides abroad.