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General conditions

1 General

The general conditions shall apply to all offers and agreements of and with Foundation Safe4now.

By using the websites of Foundation Safe4now and/or placing an order, Buyer shall accept these general conditions as well as all other rights and obligations as stated on the websites of Foundation Safe4now.

It shall only be possible to depart from the provisions in these general conditions if this has been explicitly agreed in writing, and in which case the other provisions of these conditions shall remain fully effective.

2 Conclusion agreements

2.1 An agreement is concluded at the moment that an order confirmation is sent to Buyer by e-mail to the e-mail address stated by Buyer.

2.2 Buyer and Foundation Safe4now shall agree that a valid agreement is concluded by using electronic communication as soon as the conditions in article 2.1 have been met. In particular the absence of a normal signature does not affect the binding force of the offer and its acceptance. The electronic files of Foundation Safe4now shall hereby apply as presumptive evidence, insofar as allowed by law,.

3 Prices

3.1 All prices on the order confirmation shall be stated in Euros, in agreement with the statutory instruction in this respect, and shall include sales tax (VAT) and shipping costs.

3.2 If Buyer is not in the country of the shipment, Buyer shall be liable for any payable sales tax and/or import duties.

4 Payment

4.1 Orders submitted through the website of Foundation Safe4now can be paid in the following ways: iDEAL - Creditcard - Paypal

4.2 Orders shall only be sent after receipt of payment.

4.3 In the event of non-payment or overdue payment by Buyer orders shall be cancelled after 14 days.

4.4 Buyer shall also be charged for all (non)legal costs, of whatever nature, that Foundation Safe4now has incurred as a result of non-performance by Buyer with regard to his (payment) obligations. Nonlegal collection costs shall be passed on in the event of an official proof of default, with a minimum of € 50.00 Euros.

4.5 In the event of overdue payment Foundation Safe4now shall be entitled to dissolve the agreement or suspend the delivery until the moment at which Buyer has fully observed his payment obligations, including the payment of payable interest and expenses.

5 Delivery and delivery time

5.1 Orders shall obviously be delivered as soon as possible. The delivery times stated on the website shall only apply as an indication and never as a deadline. Foundation Safe4now can state further information concerning delivery times on the website or in a different way in writing. Such information shall only be indicative.

5.2 If a product that is temporarily not in stock is ordered by Buyer, it shall be stated when the product is available again. Delays shall be reported to Buyer by e-mail or telephone.

5.3 Deliveries shall take place at the address referred to by Buyer during the conclusion of the agreement.

5.4 Foundation Safe4now shall take care of delivery by post or shipment in any other way as it wishes. Delivery by post or shipment in any other way shall first take place after the payment for the products to be supplied has been received by Foundation Safe4now. The property shall be transferred after delivery. See article 7.

5.5 Foundation Safe4now shall be entitled to pay the delivery in instalments. The extra costs of the subsequent delivery shall be borne by Foundation Safe4now.

5.6 It is possible that varying conditions apply in the event of deliveries abroad.

6 Changing and right of revocation

6.1 From a hygienic viewpoint it is unfortunately not possible to return ordered products, unless they have not been opened.

6.2 Claims and pleas, based on facts that could justify the proposition that the supplied product does not comply with the agreement shall lapse after the course of 1 year after receipt by Buyer.

6.3 If the supplied product does not comply with the agreement, Foundation Safe4now shall only be obliged to supply the lacking product or replace the supplied product.

7 Retention of title

7.1 Despite the actual delivery, ownership of products shall only be transferred to Buyer after Buyer has fully paid all is debts with regard to any agreement with Foundation Safe4now, including the compensation for interest and costs, also with regard to previous or later deliveries and any work performed or to be performed in relation to the products.

7.2 Buyer shall not be allowed to tax, sell, redeliver or alienate products or encumber them otherwise, before the ownership of these products has been transferred.

8 Guarantee and liability

8.1 The guarantee for products supplied by Foundation Safe4now shall solely apply as laid down by the manufacturer of the product in question. Foundation Safe4now shall solely have a counter function during such a guarantee period.

8.2 Foundation Safe4now can only be held liable for damage for which it can be attributed because of intent or gross negligence by Foundation Safe4now, or damage caused by circumstances for which Foundation Safe4now has to bear the risk on account of mandatory legal rules. Foundation Safe4now shall never be liable for consequential damage or trading loss, indirect damage and lost profits or lost turnover.

8.3 If Foundation Safe4now, for whatever reasons, shall be obliged to compensate any damage, the compensation shall never exceed a sum equal to the invoice value with regard to the product or service as a result of which the damage has been caused. Foundation Safe4now shall never be obliged to pay any other compensation, except property damage and/or personal injury.

8.4 Circumstances which in any case shall not be at the risk of Foundation Safe4now are: strike, exclusion of employees, illness, import, export and/or transit ban, transport problems, non-fulfilment of obligations by suppliers, production failures, natural and/or nuclear disasters and war and/or threat of war, guilt of Foundation Safe4now, with the exception of intent or gross negligence.

8.5 The provisions in this article shall not affect the statutory liability of Foundation Safe4now as a result of mandatory legal provisions.

8.6 Buyer shall be obliged to indemnify Foundation Safe4now against any claims that third parties may institute against Foundation Safe4now with regard to the implementation of the agreement, insofar as the law does not oppose that the damage and costs in question must be incurred by Buyer.

8.7 It is possible that Foundation Safe4now will include links on its website to other websites, which may be interesting or informative for visitors. Such links are merely informative. Foundation Safe4now shall not be responsible for the contents of the website to which a reference is made or for the use that can be made of the website.

8.8 The provisions of this article shall not affect the statutory liability of Foundation Safe4now as a result of mandatory legal provisions.

9 Force majeure

9.1 In the event of force majeure Foundation Safe4now shall not be obliged to observe its obligations towards Buyer, or the obligation shall be suspended for the period of force majeure.

9.2 Force majeure shall be taken to mean all circumstances independent of its will, as a result of which the observance of its obligations towards Buyer is prevented wholly or partly. These circumstances include strikes, fire, operational failures, energy failures, non-delivery or overdue delivery by suppliers or other called-in third parties and the lack of any licence to be granted by the authorities. Furthermore, force majeure shall also be taken to mean failures in a (telecommunication) network or connection or used communication systems and/or the non-availability of the website at any moment.

10 Intellectual property

10.1 Buyer shall explicitly recognise that all intellectual property rights of published information, messages or other expressions regarding the products and/or regarding the website shall rest with Foundation Safe4now, its suppliers or other entitled parties.

11 Personal details

11.1 Foundation Safe4now shall solely process details of Buyer in agreement with its privacy policy. The website shall contain an extensive Privacy Policy.

11.2 Foundation Safe4now shall observe the applicable privacy rules and legislation.

12 Applicable law

12.1 All offers and agreements shall solely be governed by Dutch law.

13 Miscellaneous

13.1 Correspondence regarding an agreement or these conditions can be sent to Foundation Safe4now, Alida Buitendijkpad 15 2331 MV in Leiden or to info@safe4now.eu, as stated on the website.

13.2 Foundation Safe4now strives to answer email within 2 (working)days.

 

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