Terms & Conditions

5.1 The Customer must, immediately upon or after receiving the products, check (duty to inspect) whether the products delivered are in accordance with the Order placed, as well as whether there are any visible defects or damage to the products.
5.2 In the event of complaints or defects:
a) the Customer must notify Marjan van Aubel Studio by email (hello@solarsunne.com) of visible damage or defects or other externally identifiable damage or defects immediately (within twenty-four hours) after receiving the products, specifying the damage or defects in proper detail, in default of which the Customer will no longer be able to reserve any rights regarding and/or invoke any defect, and it will be established between the parties that the Customer received the products that were delivered in a sound and undamaged condition and in accordance with the quantity stated on the delivery notes;
b) the Customer must notify Marjan van Aubel Studio by email (hello@solarsunne.com) of visible or invisible damage or defects, or other externally identifiable damage or defects, within seven days after discovering such damage or defects, specifying the damage or defects in proper detail, in default of which the Customer will no longer be able to reserve any rights regarding and/or invoke any defect.
5.3 The Customer is not permitted to receive a delivery of products ‘subject to approval’ of any kind or subject to the reservation of any right. By actually taking receipt of the products delivered, the Customer agrees to the provisions of Clauses 5.1 and 5.2, above.
5.4 The term for complaining about any invoices sent by Marjan van Aubel Studio is, at the most, forty-eight hours after receipt of the invoice. If the Customer does not complain about the relevant invoice by email (hello@solarsunne.com) within that term, in writing and with proper substantiation, it will be established between the parties that the invoice correctly reflects the underlying transaction(s) with Marjan van Aubel Studio.
5.5 Any right (or right of claim) which the Customer can assert against Marjan van Aubel Studio relating to errors in Marjan van Aubel Studio’s delivery or defects in the products delivered by Marjan van Aubel Studio will irrevocably lapse as soon as the terms for filing a complaint stated in this clause have elapsed. If a Customer fails to cooperate, or fails to cooperate sufficiently, with Marjan van Aubel Studio in investigating the validity of the claim in question within the aforementioned terms for filing a complaint, all related rights (or rights of claim) relating thereto will also immediately and irrevocably lapse. The products to which complaints relate must be available for possible inspection by Marjan van Aubel Studio in the condition in which the products were found on the date the defects were discovered. The right to complain – as well as all rights (or rights of claim) relating thereto – will lapse as soon as the Customer puts the goods delivered into use, or treats or processes them, or causes them to be used, treated or processed, or delivers them in turn to third parties, unless Marjan van Aubel Studio has issued its advance written consent or the products are covered by a manufacturer’s warranty.
5.6 If the products demonstrably fail to meet the specifications, Marjan van Aubel Studio will always have the option of replacing the relevant products – after they are returned – with new products or refunding the invoice value. Marjan van Aubel Studio’s liability is therefore always limited to the invoice value of the products delivered that are the subject of the complaint(s).
5.7 Marjan van Aubel Studio is not liable for any harm caused by its employee and/or assistants it engages, nor for any indirect harm, including in any case (but not limited to) consequential harm and business losses (such as lost profit, missed savings, and losses attributable to commercial stagnation or missed business opportunities).
5.8 Notwithstanding the provisions in the previous paragraphs, Marjan van Aubel Studio’s liability will in any case always be limited to the invoice value (exclusive of VAT) of the Order that resulted in the harm/loss.
5.9 The Customer will indemnify Marjan van Aubel Studio against all third-party claims regarding any harm/loss incurred, or to be incurred, by such third parties, such with due observance of the provisions of this clause.
5.10 The term for prescription of all claims (or rights of claim) and defences against Marjan van Aubel Studio and any of its employees or assistants it has engaged is twelve months.
5.12 All rights (or rights of claim) which a Customer has against Marjan van Aubel Studio will lapse:
a) if the Customer has not instituted legal proceedings against Marjan van Aubel Studio by no more than three months after the Customer became aware of (or should reasonably have become aware of) the loss/harm or damages claim;
b) within twelve months after the event causing the loss/harm occurred;
such on pain of said claim becoming inadmissible (i.e. prescribed).
5.13 Marjan van Aubel Studio will never be liable to a Customer for a warranty that offers more extensive recourse to the Customer than the claim which Marjan van Aubel Studio may institute against its suppliers or manufacturers (in the context of a manufacturer’s warranty).