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Terms and Conditions

Below you will find the terms and conditions that apply to all agreements arising from the service(s) and/or product(s) offered by SafetyPro.

SafetyPro (Part of We Enable Climbers BV)
Visiting address:
Arduinstraat 20
4827 HK Breda - Netherlands
info@safetypro.nl

Article 1 - Definitions

In these Terms and Conditions, the following terms shall have the following meanings:
1.1 SafetyPro, with its registered office at Arduinstraat 20 in Breda, registered in the Trade Register of the Chamber of Commerce in Breda under number 53562372
1.2 Webshop: a system managed by SafetyPro through which products are offered to third parties via the Internet and can be purchased by these third parties, known as distance selling.
1.3 Agreement: any agreement concerning distance selling between SafetyPro and the Buyer, which has been concluded via the Webshop.
1.4 Product: the product(s) and/or service(s) offered by SafetyPro in the Webshop.
1.5 Buyer: the purchaser of goods and/or services, being a natural or legal person.
1.6 Price: the price of the goods or services offered, as stated in the offer in the Webshop, excluding any additional costs.
1.7 Terms and Conditions: these general terms and conditions
1.8 In writing: By fax, e-mail or letter

Article 2 - Conclusion of the Agreement

2.1 The Agreement is concluded when the Buyer has placed an order in the SafetyPro Webshop by completing the following steps:
- selecting one or more Products from the
SafetyPro Webshop
- placing this selection in the shopping cart by clicking on the order button
- confirming the order by clicking on the checkout button
- filling in the personal details
- choosing a payment method
- accepting the SafetyPro Terms and Conditions
- sending the order by clicking on the send button after you have read the complete order overview.
- receiving an order confirmation from SafetyPro at the email address provided by the Buyer. The agreement is then concluded verbally, by telephone or in writing.
2.2 The order confirmation is deemed to have been received by the Buyer one day after it has been sent by SafetyPro. If it is not received, the Buyer must report this in writing to SafetyPro.
2.3 The order confirmation contains the following information:
- the order number of the order
- a general description of the Product ordered
- the Price of the Product ordered
- the number of Products ordered
- the total amount of the order, including additional costs such as shipping costs and/or cash on delivery costs
- the Buyer's personal details, such as name, billing address, delivery address, email address and telephone number
- the chosen payment method
- SafetyPro's contact details
2.4 SafetyPro is entitled to refuse an order or request or to attach special conditions to the delivery.

Article 3 - Application of Terms and Conditions

3.1 These Terms and Conditions apply to all Agreements concluded, to the exclusion of any other general terms and conditions.
3.2 The Buyer may consult and print out the Terms and Conditions in the Webshop at any time.
3.3 Any provisions deviating from these Terms and Conditions must be agreed in writing between SafetyPro and the Buyer. The other provisions of these Terms and Conditions remain in full force and effect alongside the agreed deviating provisions.
3.4 SafetyPro reserves the right to change these Terms and Conditions and the content of its Webshop at any time.

Article 4 - The offer

4.1 The Product offered in the Webshop is depicted and/or described as clearly and truthfully as possible. SafetyPro is not liable for deviations of any kind.
4.2 All offers made in the SafetyPro Webshop are without obligation and subject to the availability of the Product.
4.3 If a specific offer has a limited period of validity, this limitation will be clearly stated in the offer.

Article 5 - Cancellation

5.1 After receiving the Product, the Buyer has the right to terminate the Agreement with SafetyPro within 14 days without giving any reason, with due observance of paragraphs 2 to 5 of Article 5.
5.2 If the Buyer wishes to exercise the right of withdrawal referred to in paragraph 1, the Buyer must notify SafetyPro in writing within the period specified in paragraph 1.
5.3 Upon termination of the Agreement as indicated in paragraphs 1 and 2 of this article, the Buyer must immediately return the Product to SafetyPro, accompanied by the proof of purchase. This shipment is entirely at the expense and risk of the Buyer.
5.4 SafetyPro reserves the right to refuse a return shipment or to credit only part of the amount in the following situations:
- if the proof of purchase is missing
- if the original packaging is missing or damaged
- if the Product has been visibly used
- if the Product is damaged
5.5 The right of withdrawal referred to in paragraph 1 does not apply to products that are perishable, custom-made or manufactured specifically to the Buyer's specifications.
5.6 The statutory cooling-off period of 14 days does not apply to the sale of goods and services to businesses (business to business, B2B).

Article 6 - Refund after termination of Agreement

6.1 The payment made for the delivery of the Product for which the Agreement has been terminated in accordance with Article 5, paragraphs 1 and 2, or Article 7(2) of these Terms and Conditions shall be refunded by SafetyPro to the Buyer as soon as possible, but no later than within 30 days, less the shipping costs incurred by SafetyPro and less the credit card company's commission if payment was made by credit card.

Article 7 - Prices

7.1 All prices quoted are in euros and include other government-imposed levies, such as disposal fees, but exclude additional costs, such as shipping costs and/or cash on delivery costs.
7.2 If, after ordering but before actual delivery, SafetyPro increases the price of the Product sold for any reason whatsoever, the Buyer will be notified of this immediately in writing. The Buyer has the option to terminate the Agreement within five working days of the date of SafetyPro's written notification of the price increase. This must be done by notifying SafetyPro in writing.

Article 8 - Payment

8.1 All payments must be made in advance by:
- iDEAL
- Prepayment
- Cash on delivery
- Credit card
- Invoice, by prepayment only for legal entities
Or:
- Invoice, payment term of 14 days, only for legal entities and only after approval by SafetyPro.
8.2 If the Buyer makes use of the option of advance payment via
bank or post office, he must have paid SafetyPro within 10 days of the date on which the Agreement was concluded. In the event of late payment, SafetyPro will consider the Agreement to be dissolved.
8.3 In the case of payment by invoice, payment must be made no later than 14 days after the invoice date.
8.4 If, after receiving a reminder, the Buyer remains in default of payment of the amount due, the Seller is entitled to increase that amount by collection costs. These collection costs include both the judicial and extrajudicial costs charged to SafetyPro by solicitors, attorneys, bailiffs and any other parties they engage to collect the amount due.

Article 9 - Delivery

9.1 SafetyPro will execute accepted orders with the greatest possible speed. The maximum delivery period is 30 working days after receipt of payment, unless expressly agreed otherwise.
9.2 If a Product is (temporarily) out of stock, or if for any other reason it cannot be delivered or can only be delivered in part, the Buyer will be notified within 30 working days of placing the order. In that case, the Buyer has the right to cancel the order free of charge.
9.3 If delivery of an ordered Product proves impossible, SafetyPro will endeavour to find a replacement product in consultation with the Buyer.
9.4 When a replacement product is delivered, it will be stated upon delivery that this is a replacement product. If there is a price difference, SafetyPro will consult with the Buyer and make written agreements.
9.5 The place of delivery shall be the Buyer's home/business address last known to SafetyPro, unless otherwise agreed in writing.
9.6 The delivery times specified by SafetyPro cannot be regarded as a strict deadline, unless expressly agreed otherwise in writing.
9.7 SafetyPro is not liable for damage suffered as a result of exceeding the delivery period. However, if liability for damages does arise, it will at all times be limited to the amount of the invoice.
9.8 Orders are processed in order of receipt of payment, unless the Buyer has opted for cash on delivery. In the latter case, the order will be processed immediately after the Agreement has been concluded. Products are not reserved.

Article 10 - Transport and transport costs

10.1 SafetyPro bears the risk of damage or loss of the Product ordered by the Buyer until the moment of delivery. At that moment, the risk is transferred to the Buyer.
10.2 The amount of the shipping costs, as well as the distribution of these costs between the Buyer and SafetyPro, will be determined periodically by SafetyPro and stated separately in the Webshop under the heading “shipping costs”.

Article 11 - Retention of title

11.1 All Products delivered to the Buyer remain the property of SafetyPro until SafetyPro has received full payment of all outstanding invoices relating to the Buyer in question, plus any additional costs.

Article 12 - Complaints

12.1 Complaints about defects in purchased Products and/or other complaints must be submitted to SafetyPro as soon as possible, at the latest within two months of their discovery. Complaints must be submitted in writing.
12.2 The Buyer must demonstrate that the complaint relates to an Agreement concluded with SafetyPro.
12.3 After receiving a written complaint, SafetyPro will contact the Buyer within 3 working days to inform them of the follow-up process for handling the complaint. SafetyPro aims to handle every complaint as quickly as possible, but no later than within 30 working days.

Article 13 - Warranty

13.1 Almost all Products supplied by SafetyPro are covered by a warranty. This is the warranty as applied by the manufacturer or importer. This warranty does not affect the Buyer's rights under the law or the distance contract.
13.2 No claim under the warranty can be made without the original proof of purchase, namely the invoice sent with the order.
13.3 A warranty claim must be reported to SafetyPro in writing by the Buyer before returning Products to SafetyPro.
13.4 When returning goods, the return form provided by SafetyPro must be used. This form can be requested via info@SafetyPro.nl. Returns will not be processed without this form.
13.5 If a warranty claim submitted by the Buyer is recognised by SafetyPro or the manufacturer or importer, the costs of returning, replacing and/or repairing the Product, and sending the (replacement) Product to the Buyer will be borne by SafetyPro. However, if it is plausible that the defect in the Product is attributable to the Buyer itself, or is otherwise at its expense and/or risk, SafetyPro shall not be obliged to repair the defect in the Product or to bear any costs whatsoever. SafetyPro shall therefore return the Product to the Buyer in its unaltered condition at the Buyer's expense and risk.
13.6 Packages that are not or insufficiently stamped will not be accepted by SafetyPro.

Article 14 - Exchanges

14.1 If, for any reason, the Buyer is not satisfied with the Product received, it is possible to exchange the Product for another product within eight days of delivery. If the Buyer wishes to make use of this option, they must notify SafetyPro in writing within the aforementioned period.
14.2 SafetyPro must always be contacted before returning a Product (info@safetypro.nl / 076-7512518). Returns will not be processed without prior contact. The Product must be returned to SafetyPro in its original, undamaged packaging, together with the proof of purchase.
14.3 After SafetyPro has received the Product, the Buyer will receive a confirmation of receipt and SafetyPro will send the new Product to the Buyer within 30 days. If there is a price difference, SafetyPro will consult with the Buyer and make new arrangements in writing.
14.4 All (return) shipments in the context of an exchange are entirely at the expense and risk of the Buyer.

Article 15 - Privacy

15.1 SafetyPro undertakes to treat all customer data as strictly confidential. Personal data is entered in a secure section of the Webshop.
15.2 SafetyPro will process personal data and include it in one or more files.
15.3 The personal data that is processed is the data that the Buyer enters into the Webshop when ordering a Product. This data is processed and archived. Only if the Buyer gives permission will the data be included in a SafetyPro mailing list.
15.4 The purpose of processing the Buyer's personal data is to enable SafetyPro to fulfil the Agreement that SafetyPro has entered into with the Buyer. Data may only be provided to third parties if this is necessary for the performance of the Agreement. By entering into an Agreement with SafetyPro, the Buyer grants permission for this.
15.5 The Buyer has the right to access his or her data. At the Buyer's request, SafetyPro will change, supplement or delete data. Requests for access to personal data and complaints regarding privacy violations must be submitted in writing to SafetyPro.

Article 16 - Costs

16.1 All costs relating to legal assistance, both in and out of court, incurred by SafetyPro in order to enforce its rights under the Agreement or agreements arising from it, shall be borne by the Buyer, with a minimum of 10% of the Price.

Article 17 - Liability

17.1 SafetyPro's liability towards the Buyer and third parties for damage arising from or related to the performance of the Agreement is always limited to the Price.

Article 18 - Competent court and Dutch law

18.1 All agreements concluded with SafetyPro are governed by Dutch law. The Vienna Sales Convention is excluded. Any disputes with the Buyer arising from the Agreement concluded with the Buyer or the performance thereof shall be submitted to the competent court in Breda.