Terms and Conditions

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 warranty
Article 11 - Delivery and execution
Article 12 - Ongoing transactions: duration, termination and renewal
Article 13 - Payment
Article 14 - Complaints procedure
Article 15 - Disputes
Article 16 - Additional or deviating provisions

Article 1 - Definitions

In these terms and conditions, the following definitions shall apply:

Cooling-off period: the period within which the consumer can make use of his right of withdrawal; Read all about the cooling-off period
Consumer: the natural person who is not acting in the exercise of a profession or business and enters into a distance agreement with the entrepreneur;
Day: calendar day;
Ongoing transaction: a distance agreement relating to a series of products and/or services, of which the delivery and/or purchase obligation is spread over time;
Durable data carrier: any means that enables the consumer or entrepreneur to store information addressed personally to him in a way that allows future consultation and unchanged reproduction of the stored information.
Right of withdrawal: the possibility for the consumer to withdraw from the distance agreement within the cooling-off period;
Model form: the model withdrawal form which the entrepreneur makes available and which a consumer can complete when he wishes to make use of his right of withdrawal.
Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance;
Distance agreement: an agreement whereby, within the framework of a system organized by the entrepreneur for the distance sale of products and/or services, up to and including the conclusion of the agreement exclusive use is made of one or more techniques for communication at a distance;
Technique for communication at a distance: means that can be used for concluding an agreement, without the consumer and entrepreneur being together in the same place at the same time.
General Terms and Conditions: the present General Terms and Conditions of the entrepreneur.

Article 2 - Identity of the entrepreneur

Safeshop FM B.V./Fortamoto.com
Jarmuiden 31
1046AC Amsterdam
+31 20 214 9680
Chamber of Commerce: 81218230
VAT number: NL 861997426 B01

Article 3 - Applicability

These general terms and conditions apply to every offer of the entrepreneur and to every distance agreement concluded and orders between entrepreneur and consumer.
Before the distance agreement is concluded, the text of these general terms and conditions shall be made available to the consumer. If this is not reasonably possible, then before the distance agreement is concluded, it shall be indicated that the general terms and conditions can be inspected at the entrepreneur’s premises and that they will be sent free of charge as soon as possible at the request of the consumer.
If the distance agreement is concluded electronically, then, contrary to the previous paragraph and before the distance agreement is concluded, the text of these general terms and conditions may be made available to the consumer electronically in such a way that these can easily be stored by the consumer on a durable data carrier. If this is not reasonably possible, then before the distance agreement is concluded, it shall be indicated where the general terms and conditions can be consulted electronically and that they will be sent electronically or otherwise free of charge at the request of the consumer.
In the event that, in addition to these general terms and conditions, specific product or service conditions also apply, the second and third paragraphs shall apply accordingly and in the event of conflicting general terms and conditions, the consumer may always invoke the applicable provision that is most favorable to him.
If one or more provisions in these general terms and conditions are at any time wholly or partially void or are annulled, the agreement and these conditions shall otherwise remain in force and the relevant provision shall be replaced without delay in mutual consultation by a provision that approximates the purport of the original as closely as possible.
Situations not regulated in these general terms and conditions must be assessed ‘in the spirit’ of these general terms and conditions.
Uncertainties about the interpretation or content of one or more provisions of our terms and conditions must be interpreted ‘in the spirit’ of these general terms and conditions.

Article 4 - The offer

If an offer has a limited period of validity or is made subject to conditions, this shall be expressly stated in the offer.
The offer is without obligation. The entrepreneur is entitled to change and adjust the offer.
The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a truthful representation of the products and/or services offered. Obvious mistakes or obvious errors in the offer are not binding on the entrepreneur.
All images, specifications and data in the offer are indicative and cannot be grounds for compensation or dissolution of the agreement.
Images accompanying products are a truthful representation of the products offered. Entrepreneur cannot guarantee that the displayed colors exactly match the real colors of the products.
Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer. This concerns in particular:
- the price including taxes;
- the possible costs of shipping;
- the manner in which the agreement will be concluded and which actions are necessary for this;
- whether or not the right of withdrawal applies;
- the method of payment, delivery and execution of the agreement;
- the period for acceptance of the offer, or the period within which the entrepreneur guarantees the price;
- the level of the rate for communication at a distance if the costs of using the technique for communication at a distance are calculated on a basis other than the regular basic rate for the means of communication used;
- whether the agreement is archived after its conclusion, and if so in what way it can be consulted by the consumer;
- the way in which the consumer, before concluding the agreement, can check and, if desired, restore the data provided by him in the context of the agreement;
- any other languages in which, in addition to Dutch, the agreement can be concluded;
- the codes of conduct to which the entrepreneur has subjected himself and the manner in which the consumer can consult these codes of conduct electronically; and
- the minimum duration of the distance agreement in the event of an ongoing transaction.

Article 5 - The agreement

The agreement is concluded, subject to the provisions of paragraph 4, at the moment of acceptance by the consumer of the offer and the fulfilment of the conditions set therein.
If the consumer has accepted the offer electronically, the entrepreneur shall immediately confirm receipt of acceptance of the offer electronically. As long as receipt of this acceptance has not been confirmed by the entrepreneur, the consumer may dissolve the agreement.
If the agreement is concluded electronically, the entrepreneur shall take appropriate technical and organizational measures to secure the electronic transfer of data and shall ensure a secure web environment. If the consumer can pay electronically, the entrepreneur shall observe appropriate security measures for this.
The entrepreneur may, within legal frameworks, inform himself whether the consumer can meet his payment obligations, as well as of all those facts and factors that are important for responsibly entering into the distance agreement. If, on the basis of this investigation, the entrepreneur has good grounds not to enter into the agreement, he is entitled to refuse an order or request with reasons or to attach special conditions to the execution.
The entrepreneur shall send the following information with the product or service to the consumer, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier:
- the visiting address of the establishment of the entrepreneur where the consumer can go with complaints;
- the conditions under which and the manner in which the consumer can make use of 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 details included in article 4 paragraph 3 of these terms and conditions, unless the entrepreneur has already provided these details to the consumer before 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.
In the case of an ongoing transaction, the provision in the previous paragraph only applies to the first delivery.
Every agreement is entered into under the suspensive conditions of sufficient availability of the relevant products.

Article 6 - Right of withdrawal

Upon delivery of products:

Upon the purchase of products, the consumer has the possibility to dissolve the agreement without stating reasons during 14 days. This cooling-off period commences on the day after receipt of the product by the consumer or a representative designated in advance by the consumer and made known to the entrepreneur.
During the cooling-off period the consumer shall handle the product and the packaging with care. He shall only unpack or use the product to the extent necessary to be able to assess whether he wishes to keep the product. If he makes use of his right of withdrawal, he shall return the product with all delivered 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.
When the consumer wishes to make use of his right of withdrawal, he is obliged to make this known to the entrepreneur within 14 days after receipt of the product. The consumer must make this known by means of the model form or by means of another communication method such as by e-mail. After the consumer has made known that he wishes to make use of his right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the delivered goods were returned on time, for example by means of proof of shipment.
If, after expiry of the periods referred to in paragraphs 2 and 3, the customer has not made known that he wishes to make use of his right of withdrawal respectively has not returned the product to the entrepreneur, the purchase is a fact.

Upon delivery of services:

Upon delivery of services, the consumer has the possibility to dissolve the agreement without stating reasons for at least 14 days, commencing on the day of entering into the agreement.
In order to make use of his right of withdrawal, the consumer shall act in accordance with the reasonable and clear instructions provided by the entrepreneur with the offer and/or at the latest upon delivery in this regard.

Article 7 - Costs in case of withdrawal

If the consumer makes use of his right of withdrawal, at most the costs of return shipment shall be borne by him.
If the consumer has paid an amount, the entrepreneur shall repay this amount as soon as possible, but no later than within 14 days after withdrawal. The condition here is that the product has already been received back by the webshop owner or conclusive proof of complete return shipment can be submitted. Repayment shall be made via the same payment method used by the consumer unless the consumer expressly gives permission for a different payment method.
If the product is damaged due to careless handling by the consumer himself, the consumer is liable for any depreciation in value of the product.
The consumer cannot be held liable for depreciation in value of the product when not all legally required information about the right of withdrawal has been provided by the entrepreneur, this must be done before concluding the purchase agreement.

Article 8 - Exclusion of the right of withdrawal

The entrepreneur may exclude the consumer’s right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur has clearly stated this in the offer, at least in good time before concluding the agreement.
Exclusion of the right of withdrawal is only possible for products:
- that have been created by the entrepreneur in accordance with specifications of the consumer;
- that are clearly personal in nature;
- that by their nature cannot be returned;
- that can spoil or age quickly;
- the price of which 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 of which the consumer has broken the seal;
- for hygienic products of which the consumer has broken the seal.
Exclusion of the right of withdrawal is only possible for services:
- concerning accommodation, transport, restaurant business or leisure activities to be performed on a certain date or during a certain period;
- of which the delivery has begun with the express consent of the consumer before the cooling-off period has expired;
- concerning bets and lotteries.

Article 9 - The price

During the period of validity stated in the offer, the prices of the products and/or services offered shall not be increased, except for price changes as a result of changes in VAT rates.
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 influence, with variable prices. This dependence on fluctuations and the fact that any prices stated are target prices shall be stated in the offer.
Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.
Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:
- they are the result of statutory regulations or provisions; or
- the consumer has the authority to terminate the agreement with effect from the day on which the price increase takes effect.
The prices stated in the offer of products or services include VAT.
All prices are subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typesetting errors. In the event of printing and typesetting errors, the entrepreneur is not obliged to deliver the product according to the incorrect price.

Article 10 - Conformity and warranty

The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability and the statutory provisions and/or government regulations existing on the date of the conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for use other than normal use.
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.
Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 2 months after discovery of the defect.
The entrepreneur’s warranty period corresponds to the manufacturer’s warranty period. The entrepreneur is, however, 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.
The warranty does not apply if:
- the consumer has repaired and/or processed the delivered products himself or has had them repaired and/or processed by third parties;
- the delivered products have been exposed to abnormal conditions or are otherwise handled carelessly or contrary to the instructions of the entrepreneur and/or have been treated contrary to the packaging;
- the unsoundness is wholly or partially the result of regulations that the government has set or will set regarding the nature or quality of the materials used.

Article 11 - Delivery and execution

The entrepreneur shall observe the greatest possible care when receiving and executing orders for products and when assessing requests for the provision of services.
The place of delivery shall be the address that the consumer has made known to the company.
With due observance of what is stated in paragraph 4 of this article, the company shall execute accepted orders with due speed but no later than within 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot be executed or can only be executed in part, the consumer shall be notified of this no later than 30 days after he placed the order. In that case, the consumer has the right to dissolve the agreement without costs. The consumer is not entitled to compensation.
All delivery periods are indicative. The consumer cannot derive any rights from any stated periods. Exceeding a period does not entitle the consumer to compensation.
In the event of dissolution in accordance with paragraph 3 of this article, the entrepreneur shall repay the amount paid by the consumer as soon as possible, but no later than within 14 days after dissolution.
If delivery of an ordered product proves impossible, the entrepreneur shall make efforts to make a replacement item available. At the latest upon delivery, it shall be stated in a clear and understandable manner that a replacement item is being delivered. For replacement items, the right of withdrawal cannot be excluded. The costs of any return shipment are borne by the entrepreneur.
The risk of damage and/or loss of products rests with the entrepreneur up to the moment of delivery to the consumer or a representative designated in advance and made known to the entrepreneur, unless expressly agreed otherwise.

Article 12 - Ongoing transactions: duration, termination and renewal

Termination

The consumer may terminate an agreement entered into for an indefinite period and which 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 at most one month.
The consumer may terminate an agreement entered into for a definite period and which extends to the regular delivery of products (including electricity) or services, at any time towards the end of the definite duration with due observance of the agreed termination rules and a notice period of at most one month.
The consumer may terminate the agreements referred to in the previous paragraphs:
- at any time and not be limited to termination at a specific time or during a specific period;
- at least in the same manner as they were entered into by him;
- always terminate with the same notice period as the entrepreneur has stipulated for himself.

Renewal

An agreement entered into for a definite period and which extends to the regular delivery of products (including electricity) or services, may not be tacitly renewed or renewed for a definite period.
Contrary to the previous paragraph, an agreement entered into for a definite period and which extends to the regular delivery of daily newspapers, news papers and weekly newspapers and magazines may be tacitly renewed for a definite period of up to three months, if the consumer can terminate this renewed agreement towards the end of the renewal with a notice period of at most one month.
An agreement entered into for a definite period and which extends to the regular delivery of products or services may only be tacitly renewed for an indefinite period if the consumer may terminate at any time with a notice period of at most one month and a notice period of at most three months in the event the agreement extends to the regular, but less than once a month, delivery of daily newspapers, news papers and weekly newspapers and magazines.
An agreement of limited duration for the regular delivery by way of introduction of daily newspapers, news papers and weekly newspapers and magazines (trial or introductory subscription) is not tacitly continued and ends automatically after the expiry of the trial or introductory period.

Duration

If an agreement has a duration of more than one year, the consumer may, after one year, terminate the agreement at any time with a notice period of at most one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.

Article 13 - Payment

Insofar as not otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after commencement 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 commences after the consumer has received the confirmation of the agreement.
The consumer has the duty to report inaccuracies in provided or stated payment details to the entrepreneur without delay.
In the event of non-payment by the consumer, the entrepreneur has, subject to legal restrictions, the right to charge the reasonable costs made known to the consumer in advance.

Article 14 - Complaints procedure

The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
Complaints about the execution of the agreement must be submitted to the entrepreneur within 2 months after the consumer has found the defects, fully and clearly described.
Complaints submitted to the entrepreneur shall be answered within a period of 14 days counted from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur shall reply within the period of 14 days with a notice of receipt and an indication of when the consumer can expect a more detailed answer.
If the complaint cannot be resolved in mutual consultation, a dispute arises that is subject to the disputes procedure.
If a complaint is found to be justified by the entrepreneur, the entrepreneur shall, at her discretion, either replace or repair the delivered products free of charge.

Article 15 - Disputes

Only Dutch law applies to agreements between the entrepreneur and the consumer to which these general terms and conditions relate. Also if the consumer resides abroad.
The Vienna Sales Convention does not apply.

Article 16 - Additional or deviating provisions

Additional provisions or provisions deviating 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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