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Terms & Conditions

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  • Terms & Conditions

    GENERAL PURCHASE, DELIVERY AND PAYMENT CONDITIONS OF
    Safescan b.v.
    Heliumstraat 14
    2718 SL ZOETERMEER
    Netherlands

    Commercial Register in The Hague: 2713.1933

    1. Scope of application
    1.1 These provisions shall apply to all offers, contracts, performances of assignments and deliveries by Safescan b.v., a private limited company under Dutch law, which company bears the trade names of Safescan, hereinafter to be referred to as the Supplier.
    1.2 Supplementary or conflicting provisions or conditions shall only apply if they are accepted by the Supplier in writing: these derogations shall only apply to the contract for which they are made.
    1.3 If the offer and acceptance refer to different general terms and conditions, only the general terms and conditions of the Supplier shall apply, these being the conditions of the selling party. The applicability of the purchaser’s conditions is explicitly rejected
    1.4 All offers are free of obligation, unless they contain a term for acceptance. If an offer contains an offer subject to contract and this is accepted, the Supplier is entitled to revoke the acceptation within 2 working days after it has been received.
    1.5 The Supplier will not be bound by any images and descriptions in offers, prospectuses, catalogues, size and weight specification tables and promotional material or by any other facts provided by the Supplier.
    1.6 The Supplier shall only be bound by assignments, orders and changes thereto, if they have accepted, or as the case may be, confirmed them in writing. The Supplier is entitled to refuse an assignment without stating reasons and is not liable for direct or indirect damage which arises and/or may arise from this refusal.
    1.7 The scope of the Supplier’s obligations will only be determined by the order confirmation, unless otherwise expressly agreed upon in writing.

    2. Prices
    2.1 All quotations and prices charged are ex warehouse, exclusive of turnover tax (VAT) and are in Euros (€), unless expressly stated otherwise. Prices are based on the cost factors that were applicable at the time of concluding the contract, such as materials, wages, import and export duties, levies, taxes, cargo, insurance, etc.
    2.2 If the cost price or prices for which the Supplier engages the goods and/or services of third parties have been subject to changes between the time of formation of the contract and the time of delivery, the Supplier is entitled to change the agreed upon price accordingly.


    3. Deliveries
    3.1. Although delivery periods stated in offers, confirmations and/or contracts are made to the best of our knowledge and shall be observed as closely as possible, they are never binding. If these periods are exceeded, the Supplier may consult the purchaser. Exceeding the delivery period therefore does not entitle the purchaser, even after notice of default, to dissolve the contract and/or to claim compensation or to consider any obligation arising from the contract for the purchaser as being suspended or expired.
    3.2. If the parties have agreed that payment will be made in instalments and the first instalment lapses during the assignment, actual delivery may be suspended until after the first instalment has been received.
    3.3 If part of an order is ready, the Supplier is authorised to either deliver this part, or to wait with delivery until the entire order is ready. In the case of delivery of assignments and parts in accordance with the above as well as upon delivery of successive parts of an order in accordance with the contract, each delivery shall be considered as forming a separate contract, to which the provisions of these terms and conditions shall apply.

    4. Transport
    4.1 The Supplier shall deliver all goods ordered by the purchaser or send them for delivery to the places agreed upon and in the manner stated in the order confirmation or agreed upon afterwards, at the risk of the purchaser unless otherwise agreed upon. All facilities during the delivery of the goods/services will be considered to be provided at the purchaser’s risk.
    4.2 The Supplier shall decide the manner in which goods will be transported.
    4.3 Goods to be transported shall not be insured unless agreed upon otherwise in writing, in which case, the costs of insurance shall be borne by the purchaser.
    4.4 If goods cannot be transported for reasons independent of the Supplier’s volition, the Supplier is entitled to store the goods at the risk and expense of the purchaser without prejudice to the Supplier’s right to claim payment of the purchase price.

    5. Complaints and money-back guarantee
    5.1 The purchaser must check that the number of delivered goods and/or services match the order immediately upon delivery. Any discrepancies between the order and the delivery must be reported to the Supplier in writing within 24 hours.
    5.2 The purchaser must inspect the delivered goods and/or services for visible defects immediately upon delivery. The purchaser must inform the Supplier of visible defects in writing, no later than 48 hours after delivery.
    5.3 Failure to comply with the provisions of paragraphs 1 or 2 of this article will lead to the forfeiture of all rights of the purchaser.
    5.4 If the goods and/or services are not approved, the Supplier shall, if he so wishes, be given the opportunity to repair/redeliver the rejected goods and/or services or implement them in accordance with the assignment.
    5.5. Processed and/or resold goods will be considered to have been approved, without any other right of recovery accruing to the purchaser.
    5.6 Complaints shall not affect the purchaser’s payment obligations.
    5.7 The purchaser has the right to return the purchased goods to the Supplier within ten days of delivery. Upon receipt and following the final inspection of the goods the Supplier will then refund the cost of the purchased goods. The charge for delivery and or the return of the goods will stay exclusively for the account of the purchaser and will not be refunded by Safescan. The conditions for return are that both the goods and the packaging are received by the Supplier in their original condition. The provisions of this paragraph do not detract from the provisions of the previous paragraphs of this article.

    6. Force majeure
    6.1 Force majeure shall be considered as all circumstances of such a nature that performance of the contact cannot be reasonably be required. Such circumstances shall be understood as: whole or partial failure to perform by a third party from whom goods and/or services should have been received, restrictive government regulations of any nature whatsoever, mobilisation, war, epidemics, strikes, sit-down strikes, employee illness, operational failure, fire, seizure, defective machinery, transport difficulties, and furthermore any other circumstance which the Supplier could not reasonably have anticipated and upon which the Supplier cannot exert influence.
    6.2 If, as a result of force majeure, the Supplier is unable or only partly able to fulfil his obligations, he is entitled to suspend the contract with the purchaser in part or in whole without judicial intervention, or if such a suspension has lasted five months, to dissolve the contract by registered letter. In that case, the obligations arising from the contract shall end, without the parties being able to claim compensation or any other performance from each other. If the Supplier fulfils part of his obligation, the purchaser will owe a reasonable part of the total price.

    7. Payment
    7.1 All invoices shall be paid by the purchaser in accordance with the payment conditions stated on the invoice. If there are no specific conditions, the purchaser shall pay within thirty days after the invoice date.
    7.2 From the expiry date, the purchaser shall owe a monthly interest of 2% on the outstanding amount, whereby a part of the month shall be counted as a whole month all this without any obligation on the part of the Supplier to provide the purchaser with a warning, demand or notice of default. If the purchaser fails to fulfil the claim, the Supplier may pass on the claim for collection, in which case the purchaser shall also be bound to pay all extrajudicial costs and judicial costs, including all costs calculated by external experts in addition to judicially ascertained costs connected to the collection of this claim or the exercise of rights otherwise. The Supplier is entitled to fix the amount of the judicial and extrajudicial costs at a flat rate of 15% of the total amount, with a minimum of €250 (two hundred and fifty Euros).
    7.3 Discount or compensation settlement with an alleged claim from the purchaser towards the Supplier is entirely excluded.
    7.4 If the purchaser does not fulfil any obligation arising from the contract or does not fulfil it in time, arranges a debt settlement with creditors, requests a suspension of payments or undergoes a similar procedure, is in a state of bankruptcy, closes or transfers his company or, casu quo, dissolves it, or if attachments are made of his assets, any claim from the Supplier towards the purchaser shall be immediately and fully due and payable. The Supplier shall then also be entitled to dissolve the contract without further notice of default or judicial intervention and to take back goods that have been delivered but not paid for or to suspend implementation of the contract, all this without prejudice to the right to compensation.
    7.5 The purchaser will be considered to have acknowledged the invoice and debt as correct if no written objection has been made within 14 days following the date on the invoice.
    7.6 If the invoice is not paid in Dutch currency, an amount must be paid that is equal to the amount on the invoice in Euros (€), calculated according to the exchange rate applicable on the market on the day upon which payment is made.

    8. Retention of ownership of delivered goods.
    8.1 The delivered goods shall remain the property of the Supplier until the purchaser has fulfilled all their obligations towards him, including any obligation to pay interest and costs. The purchaser undertakes to keep all goods during this period in a proper fashion and to insure them against all calamities.
    8.2 If the same sort of goods are delivered on one or more unpaid invoices, the goods in the purchaser’s possession will be considered as being delivered on the unpaid invoices.
    8.3 The purchaser may not sell on or pledge the goods for as long as they are the property of the Supplier. If these prohibitions are violated, the purchaser shall incur an immediately payable penalty of €25,000 (twenty-five thousand Euros) without any further notice of default being required and the purchase price shall be immediately due and payable in full, this without prejudice to further claims from the Supplier.

    9. Guarantee on delivered goods.
    9.1 The Supplier guarantees that goods they deliver will work properly for two years. Properly is to say that the goods will possess the qualities that may be expected on the basis of the contract throughout this period. If a delivered good shows a defect during this period, the guarantee entitles the purchaser to have the good repaired. The Supplier may choose to replace the good or to refund the purchase price instead of repairing it if they consider that repair cannot be required.
    9.2 The original commencement date of the guarantee period shall continue to apply to a good that has been repaired or replaced in accordance with the first paragraph. A new two-year guarantee period shall therefore not commence for a repaired or replaced good.
    9.3 Errors and defects shall not fall under the guarantee referred to in the first paragraph if they are wholly or partially the result of:
    a. incorrect, careless or inexpert use or non-observance of the user or maintenance instructions;
    b. use in a different manner than the normal use envisaged;
    c. external causes, such as fire or water damage;
    d. assembly, installation or the undoing thereof by anyone other than the Supplier;
    e. use of materials or goods that were provided to the Supplier by the purchaser for use, or that have been used upon the instruction or request of the purchaser.
    f. application of working practices and constructions according to instructions from the puchaser;
    g. application of a government regulation;
    h changes that the purchaser has made or allowed to be made by a third party to products or parts that were delivered by the Supplier within the framework of the guarantee or maintenance that the Supplier has not authorised in writing;
    i. normal wear and tear;
    j. products or parts that the Supplier has used from a third party insofar as the third party in question has not provided a guarantee to the Supplier.
    9.5 The guarantee referred to in the first paragraph shall expire in full if the purchaser does not fulfil their obligations towards the Supplier fully and in good time or if the purchaser repairs the good himself or allows it to be repaired or mended by a third party.
    9.6 The Supplier shall charge all work and costs connected to repair that fall outside the framework of this guarantee according to his customary rates.
    9.7 Legal actions concerning defects must be brought within six months after the complaint within the guarantee period referred to in the first paragraph at the risk of such a claim lapsing.
    9.8 If the Supplier considers it necessary within the framework of the implementation of the guarantee obligations, goods delivered by the purchaser will be transported and delivered to a place to be decided by the Supplier at the risk and expense of the purchaser.

    10. Liability of the Supplier.
    10.1 Any liability of the Supplier towards the purchaser – no matter the grounds upon which it is based - is limited to the amount to which the Supplier's liability insurance gives claim in the case in question. If required, further information shall be provided on the content of the policy conditions.
    10.2 Liability for damage that is not covered by the insurance is excluded,this is to say, limited to fulfilment of the guarantee described in article 9 all this with the exception of intentional act or gross negligence on the part of the Supplier.
    10.3 Without prejudice to the provisions of article 5 paragraphs 1 and 2 of these conditions, every liability will expire if the purchaser does not inform the Supplier in writing of the existence of any defect within five days of discovering it or at the time upon which any defect should reasonably have been discovered. This article leaves the provisions of article 5 paragraphs 1 and 2 fully intact. The present article therefore only concerns situations that are not covered by articles 5 paragraphs 1 and 2.

    11. Returned goods.
    11.1 The Supplier is not bound to accept returned goods from the purchaser unless they have given prior written consent. Accepting returned goods does not in any case mean that the Supplier acknowledges the grounds stated by the purchaser for returning the goods. The risk of goods returned will remain with the purchaser until they have been credited by the Supplier.
    11.2 The Supplier retains the right to deduct 10% of the price of the returned products with a minimum of €50 (fifty Euros) when crediting returned goods.

    12. General
    If one or more provisions of the contract between the Supplier and the purchaser – these general terms and conditions included – become void or not legally valid, the remaining provisions of the contract shall remain in effect. The parties shall consult each other on the provisions that are considered void or not legally binding, in order to find a substitute provision.

    13. Dissolution
    In addition to the provisions of articles 6 and 7, the parties explicitly agree that the contract will be dissolved without judicial intervention and without notice of default being required if the purchaser is declared in a state of bankruptcy, requests a provisional suspension of payments, or loses full or partial power of disposition of their assets due to attachment, placement under curatorship or in any other way.

    14. Confidential information
    Each party shall take all reasonable measures to maintain the secrecy of information of a confidential nature received from the other party.

    15. Applicable law
    The obligations between the Supplier and purchaser as referred to in article 1 are exclusively governed by Dutch law. Application of the Vienna Sales Convention is excluded.

    16. Correspondence
    Correspondence addressed to the Supplier must be sent to Safescan BV, Zoetermeer (2718 SL), Heliumstraat 14, in the Netherlands

    17. Language
    These general terms and conditions are in Dutch, English, German, French, Italian, Spanish and Portuguese. In the event of disputes about the content or meaning of these general terms and conditions, the Dutch text shall be binding.

    18. Disputes
    All disputes that may arise from the contract, to which these general terms and conditions are applicable or from further contracts which are related thereto, may only be submitted to the competent court in ’s-Gravenhage.

    19. Filing
    These general terms and conditions are filed by Safescan B.V. with the Chamber of Commerce and Industry for ’s-Gravenhage and may be cited as general terms and conditions.

    Download here the terms & conditions
  • Terms of use

    www.safescan.com (“the website”) is a website of the private limited company Safescan B.V. (“Safescan B.V.”) with its registered office in Zoetermeer (2718 SL), at Heliumstraat 14, in the Netherlands, and with the email address info@safescan.com. By visiting the website, you are deemed to have read and accepted the terms of use (“Terms of Use”) below. If you do not agree to the terms of use, you must not visit or use the website.

    1. The content of the website and the terms of use can be amended by Safescan B.V. at all times, without it having to give any notice in this respect.

    2. Safescan B.V. does not guarantee that the website does not contain any information which is incorrect. No rights may be derived from the information on this website. Each use which you make of the information on this website is at your own risk. Safescan B.V. cannot be held liable for damage or loss which occurs or could occur as a result of the direct or indirect use of information on this website.

    3. Personal information provided or gathered via or in the context of this website will only be used in accordance with the privacy policy of Safescan B.V., as published on this website.

    4. Downloading or otherwise acquiring material through the use of this website takes place at your own discretion and risk. You yourself are responsible for any damage or loss to your computer system or loss of data arising from downloading such materials.

    5. The layout and design of the website and the information, texts, images, logos, photos and illustrations displayed on it are protected by intellectual property rights, including but not limited to copyright. These intellectual property rights are held by Safescan B.V. It is not permitted to store the website or any part of it, use it for your own purposes, make it public, reproduce it and/or frame it without the written permission of Safescan B.V.

    6. The trade name right and the trademark right to the name Safescan and the trademark right for the Safescan logo are held by Solid Control Holding B.V. The use of the name Safescan and the Safescan logo is reserved exclusively for Solid Control Holding B.V., its group companies and licensees. Without the written permission of Solid Control B.V. it is explicitly forbidden to make use of the trade name and brand name Safescan and/or the Safescan logo.

    7. The terms of use are subject to Netherlands law. Any disputes arising from use of the website and/or the information derived from it can only be put before the competent court in The Hague (the Netherlands).

    Download here the terms & use

  • Privacy Statement

    The website www.safescan.com (“Safescan.com”) is owned and administered by Safescan BV. This policy, read in conjunction with the sales conditions, explains how Safescan may use the information we collect about you and what rights you have over the personal data we have on you which is in our possession. Please read this policy and our sales conditions and user conditions carefully; by visiting the website you confirm that you agree with these documents and have understood them.

    INFORMATION WE COLLECT ABOUT YOU
    The information we receive from customers helps us personalise and constantly improve your shopping experience on Safescan.com.
    We use the information to:

    1. process orders and to deliver products and services;
    2. process payments and discount coupons;
    3. communicate with you about orders, products, services and special offers;
    4. amend your data and keep the accounts you hold with us up to date;
    5. display content such as wish lists, customer assessments, product advice and product comparisons;
    6. recommend additional products and services which could possibly interest you;
    7. prevent or detect fraud or misuse of our website and to enable third parties to perform technical, logistic or other functions on our behalf.

    TYPES OF INFORMATION WE COLLECT
    We receive and store information you enter on Safescan.com, such as name, delivery and invoice addresses, VAT number, town or city of residence, e-mail address, telephone number(s), details relating to your order, invoicing and payment and details concerning product registration and warranty or which you provide in another way.

    AUTOMATIC INFORMATION
    We receive and store certain types of information on moments in which you are in contact with us. For example, we make use, in common with many other websites and cookies. In this way we receive certain information when you visit Safescan.com via your web browser. There are companies which offer programmes which allow you to visit websites anonymously. We are then unable to offer you a personalised experience on Safescan.com since we do not recognize you, but we still want to inform you that such tools exist.

    E-MAIL COMMUNICATION
    To help us make our e-mails more useful and more interesting, we often receive a confirmation at the moment you open your e-mail, if your computer supports such a function. We compare our customer list with lists we receive from other companies in order to avoid sending unnecessary messages to our customers. If you do not want to receive e-mails or other mail from us, please make use of the unsubscribe option in the e-mail.

    USING AND SHARING INFORMATION
    Information about our customers is valuable for our company. We only save the information if we are still using it or if it is mandatory to retain the information. Once we no longer make use of the information and any legal retention period has expired, we shall remove the information. Safescan.com only shares information about customers with third parties in the way described below.

    AGENTS
    We make use of other companies and persons who perform functions on our behalf. Examples of these functions include the processing of orders, delivery of packages, sending e-mail or post, removing duplicate information on the customer list, analysing data, offering marketing support, processing credit card payments and delivering customer service. These agents have access to the personal data which they need to perform these functions, but may not use this information for other purposes. In addition, they must process the personal data in compliance with our privacy statement and we have signed a processing contract with these parties.

    SPECIAL OFFERS
    We sometimes send special offers to a select group of Safescan.com customers on behalf of another company. When we do this, we do not give your name and address to the company concerned. Make use of the unsubscribe option in the e-mail when you do not wish to receive such mails.

    PROTECTING SAFESCAN.COM
    We provide account details and other personal information when we are of the opinion that this is appropriate for complying with the law, to implement or amend our user conditions and other agreements, or to protect our rights, our property or the safety of Safescan.com, our users and others. If in some cases there is a processing relationship, we shall then conclude a processing agreement with this party. This also covers exchanging information with other companies and organisations for the protection against fraud and the limiting of credit risk. The following actions are not, of course, covered: selling, renting, sharing or making public in any other way personal data of customers for commercial purposes in any way that infringes the commitments made in this privacy statement.

    WITH YOUR PERMISSION
    In all cases other than those stated above, you will be informed and your permission will be requested when information about you could possibly be shared with third parties. You can then choose not to share this information. You are entitled to withdraw your permission at any time by sending an e-mail to privacy@safescan.com.

    SECURITY MEASURES
    Safescan takes appropriate technical and organisational measures to secure personal data against loss or any form of unlawful processing. These measures offer an appropriate security level, taking into account the state of the technology, the implementation costs and also the nature, the scale, the context and the processing purposes. The measures are also intended to prevent unnecessary collection and further processing of personal data. The Person Responsible is entitled at all times to request an up-to-date summary of the organisational and technical security measures that Safescan undertakes to accomplish this appropriate level of security.

    When you register online, you can choose whether or not you want to receive the newsletter from Safescan. If you want to change your contact preferences, simply click on My Account in the bar at the top of the page and then on Contact Details. If you do not wish to receive any commercial communication from us, switch off the “receive Newsletter” option.

    WHAT IS A COOKIE?
    Cookies are text files containing small amounts of information which are downloaded onto your PC, cell phone or other device with which you visit a website. The cookies are then sent back to the issuing website at each subsequent visit or to another website that recognises these cookies. Cookies are useful because they ensure that the website can recognise the device of a user. You can find more information about cookies at www.allaboutcookies.org and www.youronlinechoices.eu.

    Cookies that are used on the website:
    Below is a list of all cookies that are used per category on the website.

    - Cookies that are strictly necessary
    - Performance cookies
    - Functional cookies
    - Target group or advertising cookies
    - Use browser settings to manage cookies

    Since cookies ensure that you can profit fully from a number of the most essential functions of the website, we recommend that you leave these switched on. If you block cookies or reject them in another way, you can, for example, not add items to your shopping basket, complete your order or make use of products and services for which you are required to log in. If you leave cookies switched on, do not forget to log out when you make use of a shared computer.

    SHARING YOUR INFORMATION
    We shall never share your information with persons outside Safescan except in the following cases: if you give us permission to do so; if the law allows or demands this of us; with other companies who supply services to us; or to the legal successor of the company.

    OTHER WEBSITES
    The website can contain links to other websites where we have no control and where this policy does not apply. The administrators of these websites can collect information about you which they use in accordance with their policy, which possibly deviates from ours.

    CHANGES IN OUR POLICY
    This policy replaces all previous versions and is valid from 2018 onwards. We reserve the right to change this policy at any arbitrary moment.

    QUESTIONS OR REQUESTS CONCERNING YOUR DATA?
    You can peruse and amend your data via the ‘My Account’ section of Safescan.com or you can request us for perusal of and rectification or deletion of the data collected by us or restriction of the processing concerned. Furthermore, you can raise an objection to the processing and request transfer of the data.

    You can send such a request to privacy@safescan.com. In addition, you can contact the Dutch Data Protection Authority if you have a complaint.



    Download the privacy statement
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