Terms and conditions

The general terms and conditions of Your Safety Shop apply to yoursafetyshop.com. The conditions consist of articles 1 to 17, which can be read below.

 

ARTICLE 1. | DEFINITIONS

In these general terms and conditions the following definitions apply:

1. General terms and conditions: the present document General Terms and Conditions Your Safety Shop.
2. Your Safety Shop: the user of these general terms and conditions, warehouse located at Bovendijk 161, 3045 PD Rotterdam, registered in the Trade Register under Chamber of Commerce number 50467999 and VAT number NL822760253B01.
3. Counter / other party: the natural or legal person with whom Your Safety Shop has concluded or intends to conclude an agreement.
4. Consumer: the other party referred to in paragraph 3 who is not acting in the exercise of a profession or business.
5. Agreement: any agreement concluded between Your Safety Shop and the other party (which may include the agreement referred to in paragraph 6), by which Your Safety Shop has committed itself to the other party to the sale and delivery of products.
6. Distance agreement: the agreement referred to in the previous paragraph that is concluded between Your Safety Shop and the consumer in the context of an organized system for distance selling without the simultaneous personal presence of Your Safety Shop and the consumer and where, up to and including at the time of concluding the agreement, only one or more means of distance communication are used. An agreement is therefore not a distance agreement if and insofar as Your Safety Shop does not use an organized system for sales, for example if the consumer places an order by telephone.
7. Website: www.yoursafetyshop.com, also intended for the conclusion of distance contracts.
8. Products: all items to be sold and delivered by Your Safety Shop to the other party in the context of the agreement, such as, but not limited to, (work) clothing, safety shoes and accessories.
9. Written: storing both traditional written communication and digital communication on a durable data carrier, such as e-mail communication.
10. Right of withdrawal: the legal option offered to the consumer to terminate a distance contract up to 14 days after receipt of the products.

 

ARTICLE 2. | GENERAL PROVISIONS

1. These general terms and conditions apply to every offer from Your Safety Shop and every concluded agreement.
2. The applicability of the purchasing or other conditions of the other party is expressly rejected.
3. Deviations from the provisions of these general terms and conditions can only be made in writing. If and to the extent that what the parties have expressly agreed in writing deviates from the provisions of these general terms and conditions, what the parties have expressly agreed in writing applies.
4. Annulment or nullity of one or more of the present provisions does not affect the validity of the other provisions. In such a case, the parties are obliged to enter into mutual consultation in order to make a replacement arrangement with regard to the affected clause. The purpose and scope of the original provision will be taken into account as much as possible.

 

ARTICLE 3. | OFFER AND FORMATION OF THE AGREEMENT

1. Unless a term of acceptance is stated, every offer from Your Safety Shop is without obligation.
2. The counter party cannot derive any rights from an offer from Your Safety Shop that contains an obvious error or mistake.
3. Furthermore, the other party cannot derive any rights from an offer from Your Safety Shop that is based on incorrect or incomplete information provided by the other party.
4. The agreement is concluded by offer and acceptance. If the other party's acceptance deviates from Your Safety Shop's offer, the agreement will not be concluded in accordance with this deviating acceptance, unless Your Safety Shop indicates otherwise. An order placed via the website will be confirmed by Your Safety Shop by e-mail as soon as possible.
5. A composite quotation does not oblige Your Safety Shop to fulfill part of the offer for a corresponding part of the stated price.
6. If the other party concludes the agreement on behalf of another natural or legal person, it declares that it is authorized to do so by entering into the agreement. In addition to this (legal) person, the other party is jointly and severally liable for the fulfillment of the obligations under that agreement.

 

ARTICLE 4. | RIGHT OF WITHDRAWAL IN CASE OF A DISTANCE CONTRACT

1. Subject to the provisions of this and the following article, the consumer can terminate the distance contract within 14 days after receipt of the products, without giving reasons.
2. The consumer who exercises the right of termination can terminate the distance contract by submitting a request to Your Safety Shop by e-mail or by using the model withdrawal form offered by Your Safety Shop. As soon as possible after Your Safety Shop has been informed of the consumer's intention to terminate the distance contract and if the conditions of this article have been met, Your Safety Shop will confirm the termination by e-mail.
3. During the period referred to in paragraph 1, the consumer must handle the product and packaging with care. The consumer may only unpack and use the product to the extent necessary to assess the nature and characteristics of the products. The basic principle here is that the consumer may only handle and inspect the product as he would in a store.
4. If the consumer exercises the right of cancellation, he will return the product undamaged, with all accessories supplied and in the original condition and packaging to Your Safety Shop.
5. The consumer is liable for any depreciation of the product that is the result of a way of handling the product that goes beyond what is permitted under paragraph 3. Your Safety Shop is entitled to charge this depreciation to the consumer and offset it against the payments received from the consumer.
6. The products must be returned within fourteen days after the dissolution of the distance contract has been confirmed by Your Safety Shop in accordance with the provisions of paragraph 2.
7. If the consumer exercises the right of cancellation, the costs of returning the products will be borne by him.
8. Your Safety Shop will refund the payments received from the consumer minus any depreciation as soon as possible, but no later than fourteen days after dissolution of the distance contract, provided that the products have been received back by Your Safety Shop or have been returned by the consumer. demonstrated that the products have actually been returned.

 

ARTICLE 5. | EXCLUSION OF THE RIGHT OF WITHDRAWAL
The consumer shall not have the right of withdrawal in the case of a distance contract concerning:

1. the supply of products manufactured to consumer specifications that are not prefabricated and that are manufactured on the basis of an individual choice or decision of the consumer, or that are clearly intended for a specific person;
2. the delivery of products that are not suitable for return for reasons of health protection or hygiene and for which the seal has been broken after delivery;
3. a distance contract for which the right of termination is otherwise excluded pursuant to Section 6.5.2B of the Civil Code.

 

ARTICLE 6. | DEADLINES

1. Your Safety Shop makes every effort to meet the delivery times agreed between the parties. However, all delivery terms stated by Your Safety Shop can only be regarded as indicative, non-fatal terms. Your Safety Shop's default will not commence until the other party has given Your Safety Shop written notice of default, whereby it gives Your Safety Shop a reasonable period to still fulfill the agreement and compliance is still due after the latter period has expired. failed to materialize.
2. Delivery times do not commence until Your Safety Shop has received all information required for delivery.

 

ARTICLE 7. | ORDERING AND DELIVERY OF PRODUCTS

1. If and insofar as this is necessary for a proper design and/or execution of the agreement, the other party, whether or not at Your Safety Shop's request, is always obliged to do so as soon as possible as required for the execution of the agreement, all necessary to make relevant data available to Your Safety Shop, in the manner prescribed by Your Safety Shop. If Your Safety Shop provides delivery instructions for the provision of specifications by or on behalf of the other party, these instructions must be strictly observed. The other party guarantees the accuracy and completeness of the information it provides to Your Safety Shop. Your Safety Shop is never liable for damage caused by relying on incorrect or incomplete information provided by the other party.
2. The delivery of products takes place by delivery to the delivery address specified by the other party, unless expressly agreed otherwise. If there is no delivery address, the billing address will be regarded as the delivery address. If delivery takes place by collection of the products by or on behalf of the other party at the location of Your Safety Shop, this will only take place by appointment.
3. Your Safety Shop reserves the right to deliver orders in parts.
4. The risk of loss and damage to the products is transferred to the other party when the products are received by or on behalf of the other party.
5. If the agreed delivery period is exceeded, the other party is never entitled to refuse to accept the products to be delivered and/or to pay the agreed price.
6. If the products could not be delivered as a result of a circumstance attributable to the other party, Your Safety Shop will store the products at the expense and risk of the other party, without prejudice to the other party's obligation to pay the agreed price.
7. In the event that the other party refuses to accept the ordered products or is otherwise negligent in receiving the products, the other party will inform Your Safety Shop at the first request within which period the products will still be collected. This period will never be longer than one month after the day of the request as referred to in the previous sentence. Your Safety Shop is entitled to terminate the agreement if the other party has still failed to accept the products after the expiry of the period referred to in the previous sentence, without prejudice to the other party's obligation to pay the agreed price and storage costs. of the products.
8. If, in application of paragraphs 4 to 6, Your Safety Shop incurs reasonable costs that would not exist if the other party had properly fulfilled the obligations referred to therein, these costs will be borne by the other party.
9. Stock items are shipped within 24 hours on working days, if in stock. If the order is placed during the weekend, it will be shipped on the following Monday.
10. If there is a volume discount, returns are only possible when returning the full number of ordered items for which the volume discount applied.

 

ARTICLE 8. | TOLERANCES
Mentioned, displayed and/or agreed properties of the products may differ on minor points from what is actually delivered. Minor points are considered to be all minor deviations in properties of the products that the other party should reasonably tolerate, such as minor deviations in colors, sizes and functionalities. The presence of minor deviations does not provide a reason for the other party to suspend its obligations under the agreement, to dissolve the agreement in whole or in part, or to claim damages or any other compensation.

 

ARTICLE 9. | INSPECTION AND COMPLAINTS

1. At the time of delivery of the products, the other party must immediately investigate whether the nature and quantity thereof corresponds to the agreement. If, in the opinion of the other party, the nature and/or quantity of the products does not comply with the agreement, it must immediately notify Your Safety Shop of this at the time of delivery. In the event of non-visible defects, the other party must notify Your Safety Shop within seven days after it became aware of the existence of the defect, or at least could reasonably have become aware of it.
2. If the counter party does not submit a complaint in a timely manner, Your Safety Shop will not have any obligations arising from such a complaint from the other party.
3. Even if the counter party complains in time, the other party's obligation to pay the agreed price on time remains in force.
4. The provisions of this article do not affect the provisions of the last sentence of article 14.5.

 

ARTICLE 10. | WARRANTY

1. The other party is only entitled to any expressly stipulated warranty and factory warranty supplied with the products by Your Safety Shop's suppliers.
2. A warranty provided by Your Safety Shop, manufacturer or importer does not affect the mandatory legal rights and claims that consumers can assert against Your Safety Shop.
3. Any warranty provided will lapse if a defect in the product is the result of an external cause or otherwise cannot be attributed to Your Safety Shop. This includes, but is not limited to, defects resulting from damage, incorrect or improper treatment, use contrary to the instructions for use or other instructions from or on behalf of Your Safety Shop and repairs carried out without the prior written consent of Your Safety Shop.
4. Products can never be returned without prior written permission from Your Safety Shop.
5. No rights can be derived from ISO certifications if the products in question have been used contrary to the instructions for use.

 

ARTIKEL 11. | FORCE MAJEURE

1. Your Safety Shop is not obliged to fulfill any obligation under the agreement if and for as long as it is prevented from doing so by a circumstance that cannot be attributed to it under the law, a legal act or prevailing social views.
2. If the force majeure situation makes fulfillment of the agreement permanently impossible, the parties are entitled to terminate the agreement with immediate effect.
3. If Your Safety Shop has already partially fulfilled its obligations when the force majeure situation occurs, or can only partially fulfill its obligations, it is entitled to invoice the already executed part or the executable part of the agreement separately, as if there were a independent agreement.
4. Damage resulting from force majeure is never eligible for compensation, without prejudice to the application of the previous paragraph.

 

ARTIKEL 12. | SUSPENSION AND TERMINATION

1. Your Safety Shop is, if the circumstances justify it, entitled to suspend the execution of the agreement or to dissolve the agreement in whole or in part with immediate effect, if and insofar as the other party does not fulfill its obligations under the agreement, does not do so in a timely manner or does not fully do so. or circumstances that come to Your Safety Shop's attention after concluding the agreement give good reason to fear that the other party will not fulfill its obligations.
2. If the counter party is in a state of bankruptcy, the Natural Persons Debt Restructuring Act has been declared applicable to it, any seizure has been made of its goods or in cases where the other party cannot otherwise freely dispose of its assets, Your Safety Shop is entitled to terminate the agreement. to dissolve with immediate effect, unless the other party has already provided sufficient security for the payment(s).
3. Furthermore, Your Safety Shop is entitled to terminate the agreement if circumstances arise that are of such a nature that compliance with the agreement is impossible or that it cannot reasonably be expected to maintain it unchanged.
4. The other party is never entitled to any form of compensation in connection with the right of suspension and termination exercised by Your Safety Shop on the basis of this article.
5. To the extent that this can be attributed to it, the other party is obliged to compensate the damage suffered by Your Safety Shop as a result of the suspension or dissolution of the agreement.
6. If Your Safety Shop terminates the agreement on the basis of this article, all claims against the other party are immediately due and payable.
   
   
   

ARTIKEL 13. | PRICES AND PAYMENTS

1. Unless expressly stated otherwise, all prices quoted by Your Safety Shop include VAT and exclude shipping and delivery costs. Before the agreement is concluded with a consumer, the total price including VAT and delivery costs is stated.
2. Your Safety Shop is entitled to pass on price increases of cost-determining factors to the other party that become apparent after conclusion of the agreement, but before delivery of the products. Notwithstanding the previous sentence, the consumer is entitled to terminate the agreement if this has been charged within three months after the conclusion of the agreement and Your Safety Shop still expressly refuses to fulfill the agreement in accordance with the original conditions.
3. Your Safety Shop is at all times entitled to demand that the agreed price be paid in full in advance. In the event of a consumer purchase, Your Safety Shop will not oblige the consumer to pay in advance more than 50% of the purchase price.
4. Your Safety Shop is not obliged to (further) implement the agreement as long as the other party is in default of payment in advance as referred to in the previous paragraph.
5. Payments must be made in the prescribed manner. Payments by bank transfer must be made within the period stated on the invoice.
6. In the event of liquidation, bankruptcy, applicability of the Debt Rescheduling for Natural Persons or suspension of payment of the other party, the claims on the other party are immediately due and payable.
7. If timely payment is not made, the other party will be in default by operation of law. From the day that the default occurs, the other party owes interest of 1% per month on the outstanding amount, whereby part of a month is regarded as a full month. Notwithstanding the previous paragraph, the statutory interest applies instead of the contractual interest referred to there, if the other party acts in the capacity of a consumer.
8. All reasonable costs, such as judicial, extrajudicial and enforcement costs, incurred to obtain amounts owed by the other party will be borne by the other party.

 

ARTIKEL 14. | LIABILITY AND INDEMNIFICATION          

1. Except for intent or deliberate recklessness on the part of Your Safety Shop, as well as the provisions of Articles 9 and 10, Your Safety Shop is no longer liable for defects in the delivered goods after delivery.
2. The other party will bear the damage caused by inaccuracies or incompleteness in data provided by the other party, a failure to comply with the other party's obligations arising from the law or the agreement, as well as any other circumstance that cannot be attributed to Your Safety Shop.
3. Your Safety Shop is never liable for consequential damage, including lost profit, loss suffered and damage as a result of business stagnation.
4. Your Safety Shop's liability is limited to a maximum of the invoice value of the agreement, or at least to that part of the agreement to which Your Safety Shop's liability relates, on the understanding that Your Safety Shop's liability will never exceed amount that is actually paid out in respect of the relevant case under Your Safety Shop's liability insurance.
5. The limitation period for all legal claims and defenses against Your Safety Shop is one year. Notwithstanding the previous sentence, claims and defenses available to consumers that are based on facts that would justify the statement that a consumer purchase does not comply with the agreement expire after two years. The right to file a claim or defense in connection with the existence of a defect in a consumer purchase lapses if a complaint has not been made to Your Safety Shop within two months after discovery of the defect by the consumer.
6. Except in the case of intent or deliberate recklessness on the part of Your Safety Shop, the other party will indemnify Your Safety Shop against all claims from third parties, on whatever grounds, with regard to compensation for damage, costs or interest, related to the execution of the agreement by Your Safety Shop.
7. In the case of a consumer purchase, the restrictions in this article do not extend further than is permitted under Article 7:24 paragraph 2 of the Civil Code.

 

ARTIKEL 15. | RETENTION OF TITLE

1. All products delivered by Your Safety Shop remain its property until the other party has properly fulfilled all its obligations under the agreement.
2. Except to the extent that is considered acceptable in the context of its normal business operations, the other party is prohibited from selling, pledging or encumbering in any other way the products subject to retention of title.
3. If third parties seize the products subject to retention of title, or wish to establish or assert rights thereto, the other party is obliged to inform Your Safety Shop of this as soon as possible.
4. The other party gives unconditional permission to Your Safety Shop or third parties designated by Your Safety Shop to enter all those places where the products subject to retention of title are located. In the event of default by the other party, Your Safety Shop is entitled to take back the products referred to here. All reasonable costs associated with this will be borne by the other party.
5. If the other party has fulfilled its obligations after the sold goods have been delivered to it by Your Safety Shop, the retention of title with regard to these goods will revive if the other party does not fulfill its obligations under an agreement concluded later.

 

ARTIKEL 16. | COMPLAINTS

1. Complaints regarding the execution of the agreement must be submitted fully and clearly described in writing to Your Safety Shop within a reasonable time after the other party has discovered the defects.
2. Complaints submitted to Your Safety Shop will be answered within fourteen days of receipt. If a complaint requires a longer processing time, a response will be provided within fourteen days with an acknowledgment of receipt and an indication of when the other party can expect a more detailed response.

 

ARTIKEL 17. | FINAL PROVISIONS

1. Dutch law applies exclusively to every agreement and all legal relationships arising from it between the parties.
2. Parties will not appeal to the court until they have made every effort to settle the dispute by mutual agreement.

To the extent that the law does not deviate from this, only the competent court within the district of the location of Your Safety Shop will be appointed to hear legal disputes.