Terms of service

Welcome to SolarMask!

Below you’ll find the official, serious bit containing all our Terms and Conditions.

We realise this isn’t your favourite reading material, but it is important.

In short, here’s the gist:

  • We do our best to deliver your SolarMask quickly and safely.
  • You’re using it mainly for radiant skin, not for juggling.
  • You may return your order (unopened and hygienically packaged) within 14 days.
  • If something goes wrong? We’ll work together to find a good solution.

Don’t feel like ploughing through it all? That’s perfectly fine.

But: by ordering from us, you agree to the terms and conditions below.

And now… for those who are interested: the official legal section 👇

Table of Contents

  • Article 1 – Definitions
  • Article 2 – Identity of the trader
  • Article 3 – Applicability
  • Article 4 – The offer
  • Article 5 – The contract
  • Article 6 – Right of withdrawal
  • Article 7 – Costs in the event of withdrawal
  • Article 8 – Exclusion of the right of withdrawal
  • Article 9 – The price
  • Article 10 – Conformity and warranty
  • Article 11 – Delivery and performance
  • Article 12 – Long-term contracts: duration, termination and renewal
  • Article 13 – Payment
  • Article 14 – Complaints procedure
  • Article 15 – Use of the website and accounts
  • Article 16 – Intellectual property and content
  • Article 17 – External tools and links to third parties
  • Article 18 – Relationship with Shopify
  • Article 19 – Liability
  • Article 20 – Feedback
  • Article 21 – Prohibited use and termination
  • Article 22 – Errors, inaccuracies and changes to the Services
  • Article 23 – Disputes and applicable law
  • Article 24 – Additional or deviating provisions
  • Article 25 – Contact details

Article 1 – Definitions

In these terms and conditions, the following terms shall have the following meanings:

  1. B Cooling-off period: the period of 14 days within which the consumer may exercise their right of withdrawal.
  2. Consumer: the natural person who is not acting in the course of a profession or business and who enters into a distance contract with the trader.
  3. Day: calendar day.
  4. Continuing performance contract: a distance contract relating to a series of products and/or services, where the obligation to supply and/or purchase is spread over time.
  5. Durable medium: any medium that enables the consumer or trader to store information addressed personally to them in a way that allows for future reference and unaltered reproduction (e.g. email or a PDF file).
  6. Right of withdrawal: the consumer’s right to withdraw from the distance contract within the cooling-off period.
  7. Model withdrawal form: the form provided by the trader which the consumer may use if they wish to withdraw from the contract within the cooling-off period.
  8. Trader: Siebring & Velinga V.O.F., trading under the name SolarMask, which offers products to consumers via distance selling.
  9. Distance contract: a contract in which, within a system organised by the trader for the distance selling of products, exclusive use is made of one or more means of distance communication up to and including the conclusion of the contract.
  10. Means of distance communication: a means that can be used to conclude a contract without the consumer and the trader being present in the same room at the same time (such as a website, email or telephone).
  11. Website / Services: the webshop and related online services offered by SolarMask on solarmask.nl and all subdomains.
  12. Account: a personal user account that the consumer may (optionally) create to view orders and manage details.
  13. Terms and Conditions: these Terms and Conditions of SolarMask.

Article 2 – Identity of the trader

SolarMask / Siebring & Velinga V.O.F.

Address: Polweg 5

Postcode and town: 7841 BV Sleen

Country: Netherlands

Telephone: +31 6 54674517

Email: contact@solarmask.eu

Website: https://solarmask.nl

Chamber of Commerce number: 96476540

VAT number: NL867627797B01

Article 3 – Applicability

  1. These General Terms and Conditions apply to every offer made by the trader and to every distance contract concluded between SolarMask and the consumer.
  2. 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 prior to the conclusion of the contract where the general terms and conditions can be viewed electronically and that they will be sent free of charge electronically or otherwise upon request.
  3. If, in addition to these general terms and conditions, specific product or service terms and conditions apply, the preceding paragraph shall also apply. In the event of conflicting terms and conditions, the consumer may rely on the provision that is most favourable to them.
  4. If one or more provisions in these general terms and conditions are at any time wholly or partially void or are set aside, the contract and these terms and conditions shall remain in force in all other respects. The provision in question shall be replaced by mutual agreement with a provision that approximates the meaning of the original provision as closely as possible.
  5. Situations not covered by these general terms and conditions shall be assessed “in the spirit” of these terms and conditions.
  6. Any ambiguities regarding the interpretation or content of one or more provisions shall, as far as possible, be interpreted in line with the purpose and scope of these general terms and conditions and consumer law.

Article 4 – The offer

  1. If an offer has a limited period of validity or is subject to conditions, this will be explicitly stated in the offer.
  2. The offer is non-binding. The trader is entitled to amend and adapt the offer.
  3. The offer contains a complete and as accurate as possible description of the products offered. The description is sufficiently detailed to enable the consumer to make a proper assessment.
  4. If the trader uses images, these are a true representation of the products offered. Colours may, however, vary due to screen settings and the type of device.
  5. Obvious mistakes or errors in the offer are not binding on the trader.
  6. Each offer clearly states the rights and obligations associated with the acceptance of the offer. This concerns in particular:
    • the price including taxes;
    • whether shipping is included (at SolarMask: standard free shipping within the Netherlands, Belgium and Germany, unless otherwise stated);
    • any additional costs;
    • the manner in which the contract is concluded;
    • whether or not the right of withdrawal applies;
    • the method of payment, delivery and performance;
    • the expected delivery time or delivery period;
    • the duration of the contract, if applicable.

Article 5 – The contract

  1. The contract is concluded at the moment the consumer has successfully completed the electronic ordering process, accepted the offer and payment has been successful, subject to the provisions of this article.
  2. Once the consumer has accepted the offer electronically, the trader shall immediately confirm receipt of the order electronically. Until the trader has confirmed receipt of this order, the consumer may withdraw from the contract.
  3. SolarMask takes appropriate technical and organisational measures to secure the electronic transfer of data and ensures a secure web environment. Payment is made via payment methods offered by Shopify (including iDEAL, credit card, Apple Pay and other payment options displayed at checkout).
  4. The trader may, within legal limits, ascertain whether the consumer is able to meet their payment obligations and investigate all facts and factors relevant to the responsible conclusion of the contract. If, on this basis, the trader has valid grounds for not entering into the contract, they are entitled to refuse an order, stating reasons, or to impose additional conditions.
  5. Upon placing the order, the trader will send all information required by law via email, such as:
    • SolarMask’s contact details;
    • a reference to the right of withdrawal and how to exercise it;
    • a link or reference to these general terms and conditions;
    • information regarding warranty and after-sales service.

Article 6 – Right of withdrawal

Upon delivery of products

  1. The consumer has the right to withdraw from the contract relating to the purchase of products during a cooling-off period of 14 days without giving any reason.
  2. The cooling-off period commences on the day:
    • on which the consumer received the product, or
    • on which a third party designated by the consumer, who is not the carrier, received the product.
  3. During the cooling-off period, the consumer shall handle the product and packaging with care. They shall only handle and inspect the product as they would be permitted to do in a physical shop, solely to ascertain the nature, characteristics and functioning of the product.
  4. SolarMask sells hygiene products (such as LED therapy masks) that come into direct contact with the face and skin. Therefore:
    • the mask may only be briefly tried on in accordance with the instructions for use to check the fit;
    • returns are only possible if the product is returned complete, undamaged and in its original packaging with all accessories;
    • no right of withdrawal applies if the seal or hygiene seal has been broken.
  5. If the consumer wishes to exercise their right of withdrawal, they must notify us within the cooling-off period by email (contact@solarmask.eu) or via the model withdrawal form.
  6. Once the consumer has indicated their intention to exercise their right of withdrawal, they must return the product to the designated return address within 14 days. The consumer must be able to demonstrate that they have returned the product in good time (for example, by means of a proof of dispatch).

Article 7 – Costs in the event of withdrawal

  1. If the consumer exercises their right of withdrawal, the costs of returning the product shall be borne by the consumer, unless expressly stated otherwise.
  2. SolarMask shall refund all payments received from the consumer, including any standard delivery charges for the initial delivery, as soon as possible but no later than 14 days after termination.
  3. SolarMask may withhold the refund until it has received the product or until the consumer provides evidence that they have returned the product, whichever occurs first.
  4. Refunds will be made using the same payment method used for the original transaction, unless the consumer expressly agrees to a different payment method.
  5. If the product is damaged, shows signs of use beyond what is necessary to establish its nature, characteristics and functioning, or is not returned in full, any reduction in value may be deducted from the amount to be refunded.
  6. The consumer shall not be liable for any loss in value if SolarMask has not clearly informed them of the right of withdrawal prior to the conclusion of the contract.

Article 8 – Exclusion of the right of withdrawal

  1. SolarMask may exclude the right of withdrawal for products:
    • which, for reasons of health protection or hygiene, are not suitable for return and whose seal has been broken after delivery (such as opened or used LED masks);
    • which are clearly of a personal nature;
    • which, by their nature, cannot be returned.
  2. The exclusion of the right of withdrawal shall be clearly stated in the offer, at the latest before the conclusion of the contract.

Article 9 – The price

  1. During the period of validity stated in the offer, the prices of the products offered shall not be increased, except for price changes resulting from changes in VAT rates or other statutory regulations.
  2. Notwithstanding the previous paragraph, SolarMask may offer products whose prices are subject to market fluctuations over which SolarMask has no influence. In such cases, it will be stated that the prices quoted are indicative.
  3. The prices stated in the offer are inclusive of VAT.
  4. For orders to the Netherlands, Belgium and Germany, delivery is free of charge as standard, unless otherwise stated. Any additional costs (for example, for specific delivery options) will be clearly shown at checkout.
  5. All prices are subject to printing and typing errors. No liability is accepted for the consequences of such errors. In the event of obvious errors, SolarMask is not obliged to deliver the product at the incorrect price.

Article 10 – Conformity and warranty

  1. SolarMask guarantees that the products comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and usability, and the statutory provisions and government regulations in force on the date the agreement is concluded.
  2. SolarMask products are covered by a 2-year warranty against manufacturing defects, in addition to the statutory rights to which the consumer is always entitled.
  3. Any defects or incorrectly delivered products must be reported to SolarMask in writing or by email as soon as possible, but no later than 2 months after the consumer has discovered the defect.
  4. The warranty does not apply if:
    • the product has been used incorrectly or carelessly;
    • there is damage caused by dropping, impact, water or other damage resulting from incorrect use;
    • the consumer or a third party has modified or repaired the product without SolarMask’s consent;
    • wear and tear is to be expected with normal use (e.g. normal discolouration, cosmetic scratches).
  5. If a defect is covered by the warranty, SolarMask will repair or replace the product free of charge, or offer a (partial) refund, depending on the situation and within a reasonable timeframe.

Article 11 – Delivery and Fulfilment

  1. SolarMask takes great care in the processing and delivery of orders. Logistics and storage are handled by a fulfilment partner in the Netherlands (including Fulfilment Today in Enschede).
  2. The place of delivery is the address provided by the consumer when placing the order.
  3. SolarMask delivers in any case to the Netherlands, Belgium and Germany, unless explicitly stated otherwise on the website.
  4. Accepted orders will be processed as soon as possible, taking into account the stated delivery times. The stated delivery times are indicative and not binding, but SolarMask aims to deliver within the specified timeframe.
  5. If delivery is delayed, or if an order cannot be fulfilled or can only be partially fulfilled, the consumer will be notified as soon as possible. In that case, the consumer has the right to terminate the contract free of charge and the amount already paid will be refunded as soon as possible, at the latest within 14 days of termination.
  6. The risk of damage to or loss of products remains with SolarMask until the moment of delivery to the consumer or a third party designated by the consumer, unless expressly agreed otherwise in writing.

Article 12 – Continuing performance contracts: duration, termination and renewal

  1. SolarMask generally offers its products as one-off purchases. No subscriptions or ongoing deliveries are offered, unless explicitly stated on the website.
  2. Should subscriptions or other ongoing transactions be offered in the future, the terms and conditions regarding duration, cancellation and renewal will be clearly stated in the offer and the statutory rules for consumers will apply.

Article 13 – Payment

  1. Unless otherwise agreed, the consumer must pay the amount due immediately upon placing the order using the payment methods available at checkout.
  2. The consumer is obliged to report incorrect or incomplete payment details to SolarMask as soon as possible.
  3. If the consumer fails to pay on time, SolarMask – after having sent the consumer at least one reminder and having granted a reasonable period of time – is entitled to charge statutory interest and extrajudicial collection costs, to the extent permitted by law.

Article 14 – Complaints Procedure

  1. SolarMask has a complaints procedure and handles complaints in accordance with this procedure.
  2. Complaints regarding the performance of the contract must be described as fully and clearly as possible and submitted to SolarMask within a reasonable period after the consumer has identified the defects, via contact@solarmask.nl or by telephone using the number provided.
  3. Complaints will be answered within 14 days of receipt. If a complaint requires a longer processing time, the consumer will receive an acknowledgement of receipt within 14 days and an indication of when they can expect a more detailed response.
  4. If a complaint cannot be resolved by mutual agreement, a dispute arises which is subject to the dispute resolution procedure as described in Article 23.
  5. Complaints may be submitted via the European ODR platform: http://ec.europa.eu/odr.
  6. A complaint does not suspend SolarMask’s obligations, unless SolarMask indicates otherwise in writing.
  7. If a complaint is found to be justified, SolarMask will, at its discretion, repair, replace or (partially) refund the product.

Article 15 – Use of the website and accounts

  1. By using the website, the user declares that they:
    • are at least 18 years old, or
    • have the consent of a parent or guardian if they are under 18 years of age.
  2. For certain features, the consumer may create an account. The consumer warrants that all information provided is accurate, up to date and complete.
  3. The consumer is personally responsible for the confidentiality of login details and for all activities carried out under their account.
  4. It is not permitted to transfer, sell or licence the account to third parties.

Article 16 – Intellectual property and content

  1. The website, its design, texts, images, logos, videos and other content on solarmask.nl are the property of SolarMask or its licensors and are protected by intellectual property rights.
  2. The consumer may use the website exclusively for personal, non-commercial purposes.
  3. Without prior written consent from SolarMask, it is not permitted to:
    • copy, reproduce, distribute, modify or publish (parts of) the website or its content;
    • create derivative works from the content.
  4. The names, logos, product names, service names and slogans of SolarMask are registered or unregistered trademarks of SolarMask or its partners and may not be used without permission.

Article 17 – External tools and links to third parties

  1. The website may use third-party tools and services (e.g. payment providers, review tools or other integrations).
  2. SolarMask does not have full control over these tools and offers them “as is” and “as available”, without any additional warranties.
  3. The website may contain links to external websites or third-party services. SolarMask is not responsible for the content, accuracy or (privacy) policies of these external websites.
  4. The use of third-party services or websites is entirely at the user’s own risk. It is the user’s responsibility to consult the terms and conditions and privacy policies of these third parties.

Article 18 – Relationship with Shopify

  1. SolarMask uses the Shopify platform to host the online shop and provide the Services.
  2. However, all purchases made via the webshop are concluded directly between the consumer and SolarMask, not with Shopify.
  3. By using the webshop, the consumer acknowledges that Shopify is not responsible for the products, services, damage, losses or claims arising from transactions between the consumer and SolarMask.
  4. Any questions, complaints or claims regarding orders, products or payments must be addressed directly to SolarMask.

Article 19 – Liability

  1. SolarMask is not liable for indirect damage, consequential damage or loss of profit, unless mandatory law provides otherwise.
  2. SolarMask’s total liability to the consumer for any breach of the contract for which SolarMask is at fault is limited to the amount paid by the consumer for the product in question, unless there is intent or wilful recklessness.
  3. Nothing in these terms and conditions limits or excludes SolarMask’s liability to the extent that this is not permitted under mandatory consumer law. The consumer’s statutory rights remain unaffected at all times.

Article 20 – Feedback

  1. If the consumer voluntarily provides feedback, reviews, ideas, suggestions or other forms of input (collectively: “Feedback”) to SolarMask, SolarMask may use this Feedback to improve the website and its services.
  2. The consumer warrants that the Feedback does not infringe any third-party rights (such as copyright or privacy rights) and does not contain any unlawful, offensive or discriminatory content.
  3. SolarMask is under no obligation to pay compensation for Feedback and is under no obligation to respond to Feedback.

Article 21 – Prohibited Use and Termination

  1. The user is not permitted to use the website or Services:
    • for unlawful purposes;
    • to violate laws or regulations;
    • to infringe the rights of SolarMask or third parties (including intellectual property rights);
    • to spread viruses, malware or other harmful code;
    • to disrupt the security, operation or integrity of the website or SolarMask’s systems.
  2. SolarMask reserves the right, in the event of misuse or suspected misuse:
    • to (temporarily) block or delete accounts;
    • to refuse access to the website or Services;
    • to take appropriate (legal) measures.
  3. The consumer remains liable for all obligations arising prior to the termination of access or the account.

Article 22 – Errors, inaccuracies and changes to the Services

  1. Information on the website may contain typographical errors, inaccuracies or omissions, for example regarding product descriptions, prices, availability or delivery costs.
  2. SolarMask reserves the right to correct errors, inaccuracies or omissions and to amend or update information, or to cancel orders if information is incorrect, without prior notice (including after an order has been placed), to the extent permitted by law.
  3. SolarMask may change, suspend or terminate the content of the website, the offer and the Services at any time, provided that the rights of consumers in respect of contracts already concluded are respected.

Article 23 – Disputes and applicable law

  1. Agreements between SolarMask and the consumer to which these general terms and conditions apply are governed exclusively by Dutch law, even if the consumer is resident in another country.
  2. Disputes between the consumer and SolarMask that cannot be resolved by mutual agreement may be submitted to the competent court in the Netherlands.
  3. The Vienna Sales Convention (CISG) does not apply.

Article 24 – Additional or deviating provisions

Any provisions that are additional to or deviate from these general terms and conditions must not be to the detriment of the consumer and must be recorded in writing or made available to the consumer on a durable medium.

Article 25 – Contact details

Questions, comments or complaints regarding these general terms and conditions or an order may be addressed to:

SolarMask

Email: contact@solarmask.eu

Website: https://solarmask.nl