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Terms & conditions

Table of Contents:
Article 1 - Definitions
Article 2 - Identity of the entrepreneur
Article 3 - Applicability
Article 4 - The offer
Article 5 - The agreement
Article 6 - Right of withdrawal
Article 7 - Costs in case of withdrawal
Article 8 - Exclusion of the right of withdrawal
Article 9 - The price
Article 10 - Conformity and guarantee
Article 11 - Delivery and execution
Article 12 - Duration transactions: duration, termination, and extension
Article 13 - Payment
Article 14 - Complaints procedure
Article 15 - Disputes
Article 16 - Additional or different provisions


Article 1 - Definitions
In these terms and conditions, the following definitions apply:
  1. Cooling-off period: the period within which the consumer can exercise their right of withdrawal;
  2. Consumer: the natural person who is not acting in the exercise of a profession or business and enters into a distance contract with the entrepreneur;
  3. Day: calendar day;
  4. Ongoing transaction: a distance contract regarding a series of products and/or services, where the obligation to deliver and/or receive is spread over time;
  5. Durable data carrier: any means that enables the consumer or entrepreneur to store information directed to them personally in a way that allows future consultation and unaltered reproduction of the stored information.
  6. Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the cooling-off period;
  7. Model form: the model withdrawal form that the entrepreneur provides which a consumer can use if they wish to exercise their right of withdrawal.
  8. Entrepreneur: the natural or legal person who offers products and/or services to consumers from a distance;
  9. Distance contract: a contract concluded between the entrepreneur and the consumer as part of an organized system for distance selling of products and/or services, whereby exclusive use is made of one or more means of distance communication up to and including the conclusion of the contract;
  10. Means of distance communication: a means that can be used to conclude a contract without the consumer and the entrepreneur being in the same place at the same time.
  11. General Terms and Conditions: these General Terms and Conditions of the entrepreneur.

Article 2 - Identity of the entrepreneur
Safe Scaffold Lift Specialist
De Skeauwen 20, 9247 BT Ureterp
Phone number: 06-22457774 (available daily until 22.00, also open on Saturdays)
Email address: info@safescaffoldliftspecialist.com
Chamber of Commerce number: 01117052
VAT identification number: NL107094939B01


Article 3 - Applicability
  1. These general terms and conditions apply to every offer made by the entrepreneur and to any distance contract and order between the entrepreneur and the consumer.
  2. Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, it will be indicated before the distance contract is concluded that the general terms and conditions can be viewed at the entrepreneur’s premises and that they will be sent to the consumer free of charge as soon as possible upon request.
  3. If the distance contract is concluded electronically, the text of these general terms and conditions can, in deviation from the previous paragraph and before the distance contract is concluded, be made available to the consumer electronically in such a way that the consumer can easily store them on a durable data carrier. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be viewed electronically and that they will be sent electronically or otherwise free of charge upon request from the consumer.
  4. If specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply mutatis mutandis, and the consumer may always invoke the applicable provision that is most favorable to them in the event of conflicting general terms and conditions.
  5. If one or more provisions in these general terms and conditions are at any time wholly or partially void or voided, the agreement and these terms and conditions will otherwise remain in force and the relevant provision(s) will be replaced by mutual agreement with a provision that approximates the intent of the original provision(s) as closely as possible.
  6. Situations that are not covered by these general terms and conditions must be assessed in the spirit of these general terms and conditions.
  7. Ambiguities regarding the interpretation or content of one or more provisions of these terms and conditions should be explained 'in the spirit' of these general terms and conditions.

Article 4 - The offer
  1. If an offer has a limited period of validity or is made subject to conditions, this will be expressly stated in the offer.
  2. The offer is non-binding. The entrepreneur is entitled to modify and adjust the offer.
  3. The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to allow the consumer to make a proper assessment of the offer. If the entrepreneur uses images, these are a true representation of the products and/or services offered. Obvious errors or mistakes in the offer do not bind the entrepreneur.
  4. All images, specifications, and data in the offer are indicative and cannot be a reason for compensation or dissolution of the agreement.
  5. Images accompanying products are a true representation of the offered products. The entrepreneur cannot guarantee that the displayed colors exactly match the real colors of the products.
  6. Each offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer. This includes in particular:
  • The price including taxes;
  • Any possible shipping costs;
  • The manner in which the agreement will be concluded and what actions are required for this;
  • Whether or not the right of withdrawal applies;
  • The method of payment, delivery, and performance of the agreement;
  • The term for accepting the offer, or the period within which the entrepreneur guarantees the price;
  • The level of the rate for distance communication if the costs of using the technology for distance communication are calculated on a different basis than the regular base rate for the means of communication used;
  • Whether the agreement is archived after its conclusion, and if so, how it can be accessed by the consumer;
  • The way in which the consumer, before the conclusion of the agreement, can check and, if necessary, correct the information provided by them as part of the agreement;
  • Any other languages in which, besides English, the agreement can be concluded;
  • The codes of conduct to which the entrepreneur is subject and how the consumer can consult these codes of conduct electronically; and
  • The minimum duration of the distance contract in the event of an ongoing transaction.
Optional: available sizes, colors, types of materials.

Article 5 - The agreement
  1. The agreement is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and complies with the corresponding conditions.
  2. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the agreement.
  3. If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.
  4. The entrepreneur can – within legal frameworks – investigate whether the consumer can meet their payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If, based on this investigation, the entrepreneur has good reasons not to enter into the agreement, he is entitled to refuse an order or request or to attach special conditions to its execution.
  5. The entrepreneur will, along with the product or service, send the following information to the consumer, in writing or in such a way that the consumer can store it in an accessible manner on a durable data carrier:
  • The visiting address of the entrepreneur's establishment where the consumer can address complaints;
  • The conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
  • The information about warranties and existing service after purchase;
  • The data included in Article 4 paragraph 3 of these conditions, unless the entrepreneur has already provided this information to the consumer prior to the execution of the agreement;
  • The requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration.
6. In the case of an ongoing transaction, the provision in the previous paragraph applies only to the first delivery.
7. Each agreement is entered into under the suspensive condition of sufficient availability of the products concerned.

Article 6 - Right of withdrawal
For the delivery of products:
  1. When purchasing products, the consumer has the option to dissolve the agreement without giving any reasons within 14 days. This cooling-off period starts on the day after the consumer or a representative designated by the consumer and communicated to the entrepreneur receives the product.
  2. During the cooling-off period, the consumer will handle the product and packaging with care. The consumer will only unpack or use the product to the extent necessary to assess whether they want to keep the product. If the consumer exercises their right of withdrawal, they will return the product with all supplied accessories and, if reasonably possible, in the original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.
  3. If the consumer wishes to exercise their right of withdrawal, they are obliged to notify the entrepreneur within 14 days after receipt of the product. The consumer must make this known by sending an email to info@safescaffoldliftspecialist.com along with their IBAN number. After the consumer has indicated that they wish to exercise their right of withdrawal, they must return the product within 14 days. The consumer must prove that the delivered goods were returned on time, for example through proof of shipment.
  4. If, after the periods mentioned in paragraphs 2 and 3, the consumer has not indicated that they wish to exercise their right of withdrawal, or has not returned the product to the entrepreneur, the purchase is a fact.

For the delivery of services:
  1. When providing services, the consumer has the option to dissolve the agreement without giving any reasons for at least 14 days, starting on the day of entering into the agreement.
  2. To exercise their right of withdrawal, the consumer will follow the reasonable and clear instructions provided by the entrepreneur in the offer and/or at the latest upon delivery of the service.

Article 7 - Costs in case of withdrawal
  1. If the consumer exercises their right of withdrawal, the costs of returning the goods will be borne by the consumer at most.
  2. If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but at the latest within 14 days after withdrawal. The condition is that the product has already been received by the web retailer or that conclusive proof of complete return can be provided.

Article 8 - Exclusion of the right of withdrawal
  1. The entrepreneur can exclude the right of withdrawal of the consumer for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal applies only if the entrepreneur has clearly stated this in the offer, at least in time for the conclusion of the agreement.
  2. Exclusion of the right of withdrawal is only possible for products:
  • That have been created by the entrepreneur according to the consumer's specifications;
  • That are clearly personal in nature;
  • That cannot be returned due to their nature;
  • That spoil or age quickly;
  • Whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence;
  • For individual newspapers and magazines;
  • For audio and video recordings and computer software where the consumer has broken the seal;
  • For hygienic products where the consumer has broken the seal.
3. Exclusion of the right of withdrawal is only possible for services:
  • Concerning accommodation, transportation, restaurant services, or leisure activities to be performed on a certain date or during a certain period;
  • Whose delivery has started with the express consent of the consumer before the cooling-off period has expired;
  • Concerning betting and lotteries.

Article 9 - The price
  1. During the period mentioned in the offer, the prices of the offered products and/or services will not be increased, except for price changes resulting from changes in VAT rates.
  2. Contrary to the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no control, with variable prices. This is stated in the offer.
  3. Price increases within 3 months after the conclusion of the agreement are only allowed if they result from legal regulations or provisions.
  4. Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:
  • These are the result of legal regulations or provisions; or
  • The consumer has the right to terminate the agreement with effect from the day on which the price increase takes effect.
  • The prices mentioned in the offer of products or services include VAT.
  • All prices are subject to printing and typing errors. No liability is accepted for the consequences of printing and typing errors. In the event of printing and typing errors, the entrepreneur is not obliged to deliver the product according to the incorrect price.

    • Article 10 - Conformity and warranty
    1. The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability, and the legal provisions and/or government regulations in force on the date of the conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
    2. A warranty provided by the entrepreneur, manufacturer, or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur under the agreement.
    3. Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 4 weeks after delivery. The products must be returned in their original packaging and in new condition.
    4. The entrepreneur's warranty period corresponds to the manufacturer's warranty period. However, the entrepreneur is never responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.
    5. The warranty does not apply if:
    • The consumer has repaired and/or altered the delivered products themselves or has had them repaired and/or altered by third parties;
    • The delivered products have been exposed to abnormal conditions or have been otherwise carelessly treated or handled contrary to the instructions of the entrepreneur and/or on the packaging;
    • The defects are wholly or partially the result of regulations set by the government regarding the nature or quality of the materials used.

    Article 11 - Delivery and execution
    1. The entrepreneur will take the greatest possible care when receiving and executing orders for products and when assessing applications for the provision of services.
    2. The place of delivery is the address that the consumer has made known to the company.
    3. With due observance of what is stated in paragraph 4 of this article, the company will execute accepted orders with reasonable speed but no later than 30 days unless a longer delivery period has been agreed upon with the consumer. If the delivery is delayed or if an order cannot or can only be partially executed, the consumer will be notified of this no later than 30 days after placing the order. In that case, the consumer has the right to dissolve the agreement without costs. The consumer is not entitled to compensation.
    4. All delivery periods are indicative. The consumer cannot derive any rights from the mentioned periods. Exceeding a period does not entitle the consumer to compensation.
    5. In case of dissolution in accordance with paragraph 3 of this article, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than 14 days after dissolution.
    6. If the delivery of a product proves impossible, the entrepreneur will strive to provide a replacement product. At the latest upon delivery, it will be clearly and comprehensibly stated that a replacement item is being delivered. In the case of replacement items, the right of withdrawal cannot be excluded. The costs of a possible return shipment are for the account of the entrepreneur.
    7. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a pre-designated representative made known to the entrepreneur, unless expressly agreed otherwise.

    Article 12 - Duration transactions: duration, termination, and extension
    Termination
    1. The consumer can terminate an agreement that has been entered into for an indefinite period and that extends to the regular delivery of products (including electricity) or services at any time with due observance of the agreed termination rules and a notice period of no more than one month.
    2. The consumer can terminate an agreement that has been entered into for a definite period and that extends to the regular delivery of products (including electricity) or services at any time towards the end of the fixed term with due observance of the agreed termination rules and a notice period of no more than one month.
    3. The consumer can:
    • Terminate the agreements mentioned in the previous paragraphs at any time and not be limited to termination at a specific time or during a specific period;
    • At least terminate in the same way as they were entered into by the consumer;
    • Always terminate with the same notice period that the entrepreneur has stipulated for themselves.
    Extension
    1. An agreement entered into for a definite period and that extends to the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a definite period.
    2. In deviation from the previous paragraph, an agreement entered into for a definite period and that extends to the regular delivery of daily, news, and weekly newspapers and magazines may be tacitly renewed for a definite period of up to three months, if the consumer can terminate this extended agreement towards the end of the extension with a notice period of no more than one month.
    3. An agreement entered into for a definite period and that extends to the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer may terminate at any time with a notice period of no more than one month and a notice period of no more than three months if the agreement extends to the regular, but less than once a month, delivery of daily, news, and weekly newspapers and magazines.
    4. An agreement with a limited duration for the regular delivery of daily, news, and weekly newspapers and magazines (trial or introductory subscription) is not tacitly continued and ends automatically after the trial or introductory period.
    Duration
    1. If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time after one year with a notice period of no more than one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.

    Article 13 - Payment
    1. Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the start of the cooling-off period as referred to in Article 6 paragraph 1. In the case of an agreement to provide a service, this period starts after the consumer has received confirmation of the agreement.
    2. The consumer is obliged to immediately report inaccuracies in the provided or stated payment details to the entrepreneur.
    3. In case of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the consumer the reasonable costs made known in advance.

    Article 14 - Complaints procedure
    1. The entrepreneur has a sufficiently publicized complaints procedure and handles complaints in accordance with this complaints procedure.
    2. Complaints about the execution of the agreement must be submitted fully and clearly described to the entrepreneur within 7 days after the consumer has discovered the defects.
    3. Complaints submitted to the entrepreneur will be answered within 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within the 14-day period with a notice of receipt and an indication when the consumer can expect a more detailed response.
    4. If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute resolution procedure.
    5. In the event of complaints, a consumer must first turn to the entrepreneur. It is also possible to submit complaints via the European ODR platform (http://ec.europa.eu/odr).
    6. A complaint does not suspend the obligations of the entrepreneur unless the entrepreneur indicates otherwise in writing.
    7. If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at their discretion, replace or repair the delivered products free of charge.

    Article 15 - Disputes
    1. Contracts between the entrepreneur and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law. This applies even if the consumer resides abroad.
    2. The Vienna Sales Convention does not apply.

    Article 16 - Additional or different provisions
    Additional provisions or provisions that deviate from these general terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable data carrier.

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