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Terms & Conditions

Article 1 - Definitions

  1. Solid People: Solid People, located in Rotterdam, Chamber of Commerce number 87149427.

  2. Customer: the individual with whom Solid People has entered into an agreement.

  3. Parties: Solid People and Customer together.

  4. Consumer: a Customer who is also an individual and who acts as a private person.

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Article 2 - Applicability

  1. These terms and conditions apply to all quotations, offers, activities, orders, agreements, and deliveries of services or products by or on behalf of Solid People.

  2. Solid People and the Customer can only deviate from these terms and conditions if agreed upon in writing.

  3. Solid People and the Customer expressly exclude the applicability of the Customer's or others' general terms and conditions.

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Article 3 - Prices

  1. Solid People uses prices in euros, including VAT and excluding any additional costs such as administration or shipping costs, unless otherwise agreed upon in writing.

  2. Solid People reserves the right to change the prices of its services and products on its website and in other communications at any time.

  3. Increases in the cost prices of products or parts thereof, which Solid People could not foresee at the time of making the offer or entering into the agreement, may lead to price increases.

  4. The consumer has the right to cancel an agreement due to a price increase in clause 3, unless the increase is the result of a legal regulation.

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Article 4 - Samples and Models

  1. If the Customer has received a sample or model of a product, they cannot derive any rights from it other than that it is an indication of the nature of the product, unless it has been agreed upon in writing that the products to be delivered correspond with the sample or model.

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Article 5 - Payments and Payment Terms

  1. Solid People may request a deposit of up to 50% of the agreed amount upon entering into the agreement.

  2. The Customer must make a payment within [number] days after delivery.

  3. The payment terms set by Solid People are strict payment terms. This means that if the Customer has not paid the agreed amount by the last day of the payment term, they are automatically in default and in breach, without Solid People having to send a reminder or notice of default to the Customer.

  4. Solid People may make delivery dependent on immediate payment or may demand security for the total amount of the services or products.

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Article 6 - Right of Reclamation

  1. In case the Customer is in default, Solid People may invoke the right of reclamation regarding the unpaid products delivered to the Customer.

  2. Solid People exercises its right of reclamation by means of a written or electronic communication to the Customer.

  3. Once the Customer has been notified of the invoked right of reclamation, the Customer must immediately return the relevant products to Solid People, unless otherwise agreed upon in writing.

  4. The Customer bears the costs for the retrieval or return of the products in clause 3.

 

Article 7 - Right of Withdrawal

  1. A consumer may cancel an online purchase within 14 days of purchase without providing a reason. This right of withdrawal does not apply when:

    1. the product has been used

    2. it is a product that has been made to measure or customized for the consumer

    3. it is a product that cannot be returned for reasons of hygiene, such as underwear or swimwear

    4. the seal is broken, in the case of data carriers with digital content, such as DVDs or CDs

    5. the consumer has waived their right of withdrawal

    6. The 14-day cooling-off period in clause 1 begins:

    7. on the day after the consumer has received the last product or part of an order

    8. once the consumer has confirmed that they will access digital content via the internet

    9. The consumer can exercise their cooling-off period by sending an email with the subject to contact@solidpeopleclothing.com, optionally using the withdrawal form available on the website of Solid People, www.solidpeopleclothing.com.

    10. The consumer must return the product to Solid People within 14 days of notifying their right of withdrawal, failing which their right of withdrawal will lapse.

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Article 8 - Reimbursement of Delivery Costs

  1. If the consumer has timely withdrawn their purchase and returned the entire order to Solid People on time, Solid People will refund any shipping costs paid by the consumer within 14 days of receiving the timely and complete returned order.

  2. The costs of delivery are only borne by Solid People to the extent that the entire order is returned.

 

Article 9 - Compensation for Return Costs

  1. If the consumer exercises their right of withdrawal and returns the entire order on time, the Customer bears the costs for doing so.

 

Article 10 - Right of Retention

  1. Solid People may exercise its right of retention and, in that case, retain products of the Customer until the Customer has paid all outstanding invoices from Solid People, unless the Customer has provided sufficient security for those costs.

  2. The right of retention also applies on the basis of previous agreements for which the Customer still owes money to Solid People.

  3. Solid People is not liable for any damages incurred by the Customer due to the exercise of its right of retention.

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Article 11 - Retention of Title

  1. Solid People retains ownership of all delivered products until the Customer has paid all outstanding invoices from Solid People relating to an underlying agreement, including claims for failure to fulfill obligations.

  2. Until such time as mentioned in clause 1, Solid People may enforce its retention of title and reclaim the goods.

  3. Before ownership has transferred to the Customer, the Customer may not pledge, sell, transfer ownership, or otherwise encumber the products.

  4. In the event that Solid People enforces its retention of title, the agreement is thereby canceled, and Solid People may demand compensation from the Customer for damages, lost profits, and interest.

 

Article 12 - Delivery

  1. Delivery takes place as long as supplies last.

  2. Delivery takes place at Solid People, unless otherwise agreed upon.

  3. Delivery of products ordered online occurs at the address specified by the Customer.

  4. If the Customer does not pay the agreed amounts or does not do so on time, Solid People may suspend its obligations until the Customer pays.

  5. In case of late payment, the Customer is considered to be in default, and therefore, the Customer cannot oppose a delayed delivery to Solid People.

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Article 13 - Delivery Time

  1. The delivery times provided by Solid People are indicative. If delivery occurs later, the Customer cannot claim any rights, unless otherwise agreed upon in writing.

  2. The delivery time starts when the Customer has completed the ordering process entirely and has received confirmation from Solid People.

  3. The Customer is not entitled to compensation and cannot cancel the agreement if Solid People delivers later than agreed upon. However, the Customer may cancel the agreement if agreed upon in writing or if Solid People fails to deliver within 14 days after written notice or if the Customer and Solid People have agreed otherwise.

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Article 14 - Actual Delivery

  1. The Customer must ensure that the actual delivery of their ordered products can take place on time.

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Article 15 - Transport Costs

  1. The Customer bears the costs for transportation, unless the Customer and Solid People have agreed otherwise in writing.

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Article 16 - Packaging and Shipping

  1. If the packaging of a delivered product is opened or damaged, the Customer must have the carrier make a note of this before accepting the product. Failure to do so means that the Customer cannot hold Solid People liable for any damage.

  2. If the Customer arranges the transportation of a product themselves, they must report any visible damages to the products or packaging to Solid People before transportation. Failure to do so means that the Customer cannot hold Solid People liable for any damage.

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Article 17 - Storage

  1. If the Customer only takes delivery of ordered products after the agreed delivery date, the risk of any potential loss in quality is entirely borne by the Customer.

  2. Any additional costs resulting from early or delayed acceptance of products are entirely the responsibility of the Customer.

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Article 18 - Warranty

  1. The warranty on products applies only to defects caused by faulty manufacturing or construction, or faulty materials.

  2. The warranty does not apply:

    1. in cases of normal wear and tear

    2. for damage caused by accidents

    3. for damage caused by modifications made to the product

    4. for damage due to negligence or improper use by the Customer

    5. when the cause of the defect cannot be clearly determined

  3. The risk of loss, damage, or theft of the products subject to an agreement between parties passes to the Customer at the moment they are legally and/or effectively delivered, or when they come into the possession of the Customer or a third party receiving the product on behalf of the Customer.

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Article 19 – Exchange

  1. The Customer may exchange a purchased item under the following conditions:

    1. Exchange takes place within 14 days of purchase, with the Customer presenting the original invoice.

    2. The product is returned in its original packaging and with the attached original price tag.

    3. The product has not been used.

  2. Discounted items, perishable products, custom-made items, or items specially customized for the Customer cannot be exchanged.

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Article 20 - Indemnification

  1. The Customer indemnifies Solid People against all claims from third parties related to the products and/or services provided by Solid People.

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Article 21 - Complaints

  1. The Customer must promptly examine a product delivered by Solid People or a service rendered by them for any defects.

  2. If a delivered product or rendered service does not meet what the Customer could reasonably expect, the Customer must notify Solid People thereof within 1 month after discovering the defect.

  3. A consumer must notify Solid People of any defects within 2 months after discovering them.

  4. The Customer must provide a detailed description of the defect, allowing Solid People to respond appropriately.

  5. The Customer must demonstrate that the complaint pertains to an agreement between the Customer and Solid People.

  6. If a complaint concerns ongoing work, the Customer cannot demand that Solid People perform other tasks than those agreed upon.

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Article 22 - Notice of Default

  1. The Customer must communicate any notice of default to Solid People in writing.

  2. The Customer is responsible for ensuring that their notice of default reaches Solid People on time.

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Article 23 - Customer Liability

  1. When Solid People enters into an agreement with multiple Customers, each of them is jointly and severally liable for fulfilling the agreements in that contract.

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Article 24 - Liability of Solid People

  1. Solid People is only liable for damages suffered by the Customer if such damages are caused by intent or deliberate recklessness.

  2. If Solid People is liable for damages, this liability is limited to direct damages related to the execution of an underlying agreement.

  3. Solid People is not liable for indirect damages, such as consequential damages, loss of profits, or damages to third parties.

  4. When Solid People is liable, this liability is limited to the amount paid out by a (professional) liability insurance policy. If no insurance is in place or no amount is paid out, liability is limited to the (portion of the) invoice amount to which the liability relates.

  5. All images, photos, colors, drawings, descriptions on the website, or in a catalog are purely indicative and cannot lead to any compensation, dissolution, or suspension.

 

Article 25 - Expiry Period

  1. Any right of the Customer to compensation from Solid People expires 12 months after the event from which the liability directly or indirectly arises. This does not exclude the provisions of article 6:89 of the Dutch Civil Code.

 

Article 26 - Termination

  1. The Customer may terminate the agreement if Solid People culpably fails to fulfill its obligations, unless such failure does not justify termination due to its nature or minor significance.

  2. If the fulfillment of obligations by Solid People is still possible, termination can only occur after Solid People is in default.

  3. Solid People may terminate the agreement with the Customer if the Customer fails to fulfill their obligations under the agreement in full or on time, or if Solid People becomes aware of circumstances that give it good reason to believe that the Customer will not fulfill their obligations.

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Article 27 - Force Majeure

  1. In addition to article 6:75 of the Dutch Civil Code, it is established that a failure by Solid People cannot be attributed to Solid People by the Customer in the event of force majeure.

  2. Force majeure situations in clause 1 include, but are not limited to:

    1. a state of emergency such as civil war or natural disaster

    2. default or force majeure of suppliers, delivery services, or others

    3. power, electricity, internet, computer, or telecommunication failures

    4. computer viruses

    5. strikes

    6. government measures

    7. transportation problems

    8. adverse weather conditions

    9. work stoppages

  3. In the event of a force majeure situation preventing Solid People from fulfilling one or more obligations to the Customer, those obligations are suspended until Solid People can fulfill them.

  4. From the moment a force majeure situation has lasted at least 30 calendar days, both the Customer and Solid People may terminate the agreement in whole or in part in writing.

  5. In a force majeure situation, Solid People is not required to compensate the Customer, even if Solid People benefits from the situation.

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Article 28 - Amendment of Agreement

  1. If it is necessary to modify a concluded agreement for its execution, the Customer and Solid People may adjust the agreement.

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Article 29 - Amendment of General Terms and Conditions

  1. Solid People may amend these general terms and conditions.

  2. Solid People may always implement changes of minor importance.

  3. Solid People will discuss significant changes with the Customer as much as possible in advance.

  4. In the event of a significant change to the general terms and conditions, a consumer may terminate the underlying agreement.

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Article 30 - Assignment of Rights

  1. The Customer may not transfer rights from an agreement with Solid People to others without the written consent of Solid People.

  2. This provision constitutes a clause with proprietary effect as described in article 3:83 section 2 of the Dutch Civil Code.

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Article 31 - Consequences of Invalidity or Voidability

  1. If one or more provisions of these general terms and conditions are declared void or voidable, this will not affect the other provisions of these terms and conditions.

  2. A provision that is declared void or voidable will be replaced by a provision that comes as close as possible to what Solid People had in mind when drafting the terms and conditions regarding that particular aspect.

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Article 32 - Applicable Law and Competent Court

  1. Dutch law applies to these general terms and conditions and any underlying agreement between the Customer and Solid People.

  2. The court in the district where Solid People is established has exclusive jurisdiction to hear any disputes between the Customer and Solid People, unless the law provides otherwise.

 

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Prepared on October 1st, 2023.

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