Terms & Conditions

Article 1 – Definitions

In these terms, the following definitions apply:

Reflection period: the period during which the consumer may make use of their 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 obligation is spread over time.
Durable data carrier: any means that enables the consumer or entrepreneur to store information addressed to them personally, in a way that allows future consultation and unchanged reproduction of the stored information.
Right of withdrawal: the option for the consumer to withdraw from the distance contract within the reflection period.
Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance.
Distance contract: a contract in which, within the framework of a system organized by the entrepreneur for remote sales of products and/or services, exclusive use is made of one or more techniques for remote communication up to and including the conclusion of the contract.
Technique for remote communication: a means that can be used for the conclusion of a contract without consumer and entrepreneur being in the same space at the same time.
General Terms and Conditions: these 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 and order between entrepreneur and consumer.

Before the distance contract is concluded, the text of these general terms and conditions is made available to the consumer. If this is reasonably not possible, it will be indicated before the distance contract is concluded that the general terms and conditions can be inspected at the entrepreneur’s premises and, at the consumer’s request, will be sent free of charge as soon as possible.

If the distance contract is concluded electronically, the text of these general terms and conditions may, in deviation from the previous paragraph, be made available electronically to the consumer before the contract is concluded in such a way that the consumer can store it on a durable data carrier. If this is not reasonably possible, the consumer will be informed where the general terms and conditions can be viewed electronically and that they will be sent electronically or otherwise at the consumer’s request free of charge.

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

If one or more provisions in these general terms and conditions are at any time wholly or partially void or annulled, the contract and these terms and conditions otherwise remain in force, and the relevant provision will be replaced in mutual consultation by a provision that best approximates the original intent.

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

Ambiguities 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 period or is subject to conditions, this will be explicitly stated.

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

The offer contains a complete and accurate description of the offered products and/or services. The description is sufficiently detailed to allow the consumer to make a proper assessment of the offer. If the entrepreneur uses images, these are a truthful representation of the offered products and/or services. Obvious mistakes or obvious errors in the offer are not binding.

All images, specifications, and information in the offer are indicative and cannot give rise to compensation or dissolution of the contract.

Images accompanying products are a truthful representation; however, the entrepreneur cannot guarantee that displayed colors exactly match real product colors.

Every offer includes information that makes clear to the consumer what rights and obligations are connected to acceptance of the offer. This includes, in particular:

  • The price, excluding customs clearance fees and import VAT. These additional costs will be borne by the customer.

  • Any shipping costs.

  • The method by which the contract will be concluded and which actions are required.

  • Whether the right of withdrawal applies.

  • The method of payment, delivery, and execution.

  • The period for accepting the offer or the period in which the price is guaranteed.

  • The tariff for remote communication if different from the standard base rate.

  • Whether the contract is archived and how it may be accessed.

  • How the consumer can check and correct submitted information before contract conclusion.

  • Any other languages in which the contract may be concluded.

  • Codes of conduct the entrepreneur is bound to and how the consumer can consult them electronically.

  • The minimum duration of the distance contract in case of a long-term transaction.

  • Optional: available sizes, colors, types of materials.

Article 4 – The Contract

The contract is concluded, subject to provisions in paragraph 4, when the consumer accepts the offer and meets the associated conditions.

If the consumer accepts the offer electronically, the entrepreneur confirms receipt of acceptance electronically. Until this confirmation is received, the consumer may dissolve the contract.

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

The entrepreneur may investigate whether the consumer can meet their payment obligations and any facts important for a responsible distance contract. If the entrepreneur has valid grounds based on this investigation, they are entitled to refuse an order or attach special conditions.

The entrepreneur will send the following information with the product or service:

  • The business address where the consumer can submit complaints.

  • The conditions and method for exercising the right of withdrawal, or a statement that this right does not apply.

  • Information regarding warranties and after-sales service.

  • The information listed in article 4 paragraph 3, unless the entrepreneur has provided it earlier.

  • Requirements for termination of long-term contracts.

For long-term transactions, the previous paragraph 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

For product purchases, the consumer may dissolve the contract within 14 days without giving reasons. The reflection period begins the day after the consumer or a designated representative receives the product.

During this period, the consumer will carefully handle the product and packaging. They will only unpack or use the product as necessary to determine whether they wish to keep it. If exercising the right of withdrawal, the consumer will return the product with all accessories and in its original condition and packaging, following reasonable instructions provided by the entrepreneur.

If the consumer wants to exercise the right of withdrawal, they must notify the entrepreneur within 14 days after receiving the product via written notice/email. After notification, the customer must return the product within 14 days. The consumer must provide proof of timely return, such as a shipping receipt.

If the consumer has not notified the entrepreneur within the set terms, the purchase is final.

Article 6 – Costs in Case of Withdrawal

If the consumer exercises the right of withdrawal, return shipping costs are borne by the consumer.

If the consumer has paid an amount, the entrepreneur will refund it as soon as possible, at the latest within 14 days after withdrawal, provided the product has been returned or proof of complete return has been submitted.

Article 7 – Exclusion of the Right of Withdrawal

The entrepreneur may exclude the right of withdrawal for products as described in paragraphs 2 and 3, provided this was clearly stated in the offer before contract conclusion.

Exclusion applies to products:

  • Manufactured according to consumer specifications.

  • Clearly personal in nature.

  • That cannot be returned due to their nature.

  • That may spoil or age quickly.

  • Subject to market fluctuations beyond the entrepreneur’s control.

  • Newspapers and magazines.

  • Audio and video recordings or software with broken seals.

  • Hygienic products with broken seals.

Exclusion is possible for services:

  • Concerning accommodation, transport, restaurant or leisure services on a specific date or period.

  • Where delivery began with the consumer’s explicit consent before the reflection period expired.

  • Concerning bets and lotteries.

Article 8 – Price

During the validity period of the offer, prices of products/services will not be increased except due to VAT changes.

The entrepreneur may offer variable prices for products subject to financial market fluctuations.

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

Price increases after 3 months are allowed if:

  • Required by law; or

  • The consumer can terminate the contract on the effective date of the increase.

Delivery takes place outside the EU; therefore, the entrepreneur will not charge VAT.

All prices are subject to printing and typographical errors. If such errors occur, the entrepreneur is not obligated to deliver at the incorrect price.

Article 9 – Identity of the Entrepreneur

Business name: mikasales
Business address: Anna Blamanlaan 44, 6662 LJ Elst
Email: info@mysolvera.com
Chamber of Commerce number: 82744114
VAT identification number: NL003723110B54

Article 10 – Conformity and Warranty

The entrepreneur guarantees that products/services comply with the contract, specifications, usability, and legal requirements.

Defects or incorrect deliveries must be reported in writing within 14 days of delivery.

Products must be returned in original packaging and new condition.

Warranty equals manufacturer’s warranty. The entrepreneur is not responsible for product suitability for individual use.

Warranty does not apply if:

  • The consumer repaired/modified the product.

  • The product was exposed to abnormal conditions.

  • Defects resulted from government regulations concerning materials.

Article 11 – Delivery and Execution

The entrepreneur will handle orders with due care.

Delivery takes place at the address provided by the consumer.

Accepted orders will be shipped within 30 days unless a longer timeframe is agreed. If delayed, the consumer will be informed within 30 days and may dissolve the contract.

In case of dissolution, the entrepreneur will refund payments within 14 days.

If a product cannot be delivered, a replacement may be provided. This will be clearly communicated. Withdrawal rights remain applicable.

Risk of loss/damage transfers to the consumer upon delivery.

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

Termination

The consumer may terminate indefinite contracts with one month’s notice.

The consumer may terminate fixed-term contracts at the end of the agreed duration with one month’s notice.

Termination must be possible in the same way as contract initiation.

Renewal

Fixed-term contracts may not be silently renewed except for newspapers/magazines with max. 3-month renewal.

Long-term contracts renewed indefinitely may be terminated at any time with one month’s notice (three months for less-than-monthly publications).

Trial subscriptions end automatically.

Duration

Contracts longer than one year may be terminated after one year with one month’s notice.

Article 13 – Payment

Amounts must be paid within 7 working days after the reflection period starts, unless agreed otherwise.

Consumers must report incorrect payment information immediately.

In case of non-payment, reasonable costs may be charged.

Article 14 – Complaints Procedure

Complaints must be submitted within 7 days after identifying the defect.

Complaints will be answered within 14 days. If more time is needed, the consumer will receive an acknowledgment and an indication of when a full reply can be expected.

A complaint does not suspend the entrepreneur’s obligations.

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

Article 15 – Disputes

Contracts subject to these terms are governed solely by Dutch law, even if the consumer resides abroad.

Article 16 – CESOP

Due to measures implemented from 2024 concerning the “Amendment of the Dutch VAT Act 1968 (implementation of the Payment Services Directive),” payment service providers may register data in the European CESOP system.