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
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
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.
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.
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.
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).
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.
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.
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.
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.
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”.
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.
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.
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.
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.
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.
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.
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.
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.
