General Terms and Conditions

**Article 1 – Definitions**

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

- Cooling-off period: The period within which the consumer can exercise their right of withdrawal;
- Consumer: A natural person who does not act in the course of a professional or commercial activity and enters into a distance selling agreement with a trader;
- Day: Calendar day;
- Permanent transaction: A distance selling agreement for a range of products and/or services, whose supply and/or purchase obligation is spread over a period of time;
- Durable medium: Any medium that enables the consumer or trader to store information addressed to them personally in a way that allows future reference and unaltered reproduction of the stored information.

- Right of withdrawal: The consumer's option to withdraw from the distance selling agreement within the cooling-off period;
- Trader: A natural or legal person who offers products and/or services to consumers at a distance;
- Distance agreement: A contract in which one or more techniques for distance communication are exclusively used up to and including the conclusion of the contract within the framework of a system organized by the trader for the distance sale of goods and/or services;
- Distance communication technology: Means that a contract can be concluded without the consumer and the trader being in the same room at the same time.

**Article 2 – Trader’s Identity**
On request 

**Article 3 – Scope**

These general terms and conditions apply to all offers from the trader and to all distance selling agreements and orders concluded between the trader and the consumer.

Before the distance selling agreement 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 selling agreement is concluded that the general terms and conditions can be viewed at the trader's premises and will be sent free of charge to the consumer upon request.

If the distance selling agreement is concluded electronically, then notwithstanding the previous paragraph and before the distance selling agreement is concluded, the text of these general terms and conditions will be made available to the consumer electronically in such a way that the consumer can easily store it on a durable medium. If this is not reasonably possible, it will be indicated before the distance selling agreement is concluded where the general terms and conditions can be viewed electronically and that they will be sent to the consumer free of charge electronically or in another way upon request.

In addition to these general terms and conditions, if special product or service conditions apply, the second and third paragraphs shall apply accordingly, and the consumer may always invoke the most favorable provision in case of conflicting general terms.

If one or more provisions in these general terms and conditions are at any time wholly or partially invalid or annulled, the agreement and these terms will remain in effect and the relevant provision will be replaced by a provision that approximates the original provision as closely as possible by mutual agreement.

Situations not covered by these general terms and conditions should be assessed "in the spirit" of these general terms and conditions.

Any ambiguity regarding the interpretation or content of one or more provisions of our general terms and conditions should be interpreted "in the spirit" of these general terms and conditions.

**Article 4 – The Offer**

If an offer has a limited validity period or is subject to conditions, this will be explicitly stated in the offer.

The offer is non-binding. The trader has the right to change and adapt the offer.

The offer contains a complete and accurate description of the offered products and/or services. The description is detailed enough to allow the consumer to make a proper assessment of the offer. If the trader uses images, they should be a true representation of the offered products and/or services. Obvious errors or obvious mistakes in the offer do not bind the trader.

All images, specifications, and data in the offer are indicative and cannot give rise to compensation or dissolution of the agreement.

The product images are a true representation of the offered products. The trader cannot guarantee that the displayed colors exactly match the real colors of the products.

Each offer contains information that makes it clear to the consumer what rights and obligations are associated with accepting the offer. This particularly applies to:

- the price, exclusive of customs duties and import VAT. These additional costs are the customer's responsibility and risk. The postal and/or courier service must comply with special regulations for postal and courier services in connection with import. This regulation applies if the goods are imported from the EU to the destination country, as in this case. The postal and/or courier company will charge VAT (whether combined with the charged customs clearance fee or not) to the recipient of the goods;
- any shipping costs;
- the method by 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 execution of the contract;
- the period for accepting the offer or the period within which the trader guarantees the price;
- the level of the distance communication tariff if the costs of using the distance communication technology are calculated on a basis other than the regular base rate for the communication method used;
- whether the agreement will be archived after its conclusion and, if so, how the consumer can consult it;
- the manner in which the consumer can check and, if necessary, rectify the information provided by him before concluding the agreement;
- any other languages besides Dutch in which the contract can be concluded;
- the codes of conduct to which the trader is subject and the way in which the consumer can consult these codes of conduct electronically;
- and the minimum duration of the distance selling agreement in the event of an extended transaction.

Optionally: Available sizes, colors, and types of materials.

**Article 5 – The Agreement**

The agreement comes into effect at the moment the consumer accepts the offer and the conditions set forth therein are met, subject to the provisions of paragraph 4.

If the consumer has accepted the offer electronically, the trader will immediately confirm receipt of the electronic acceptance of the offer. As long as the receipt of this acceptance has not been confirmed by the trader, the consumer may terminate the agreement.

If the agreement is concluded electronically, the trader will take appropriate technical and organizational measures to secure the electronic data transfer and ensure a secure web environment. If the consumer has the option to pay electronically, the trader will take appropriate security measures.

Within the statutory framework, the trader may inquire about the consumer's ability to fulfill their payment obligations, as well as all those facts and factors relevant to responsibly concluding the distance selling agreement. If, based on this investigation, the trader has good reasons not to enter into the agreement, he is entitled to refuse an order or request or to attach special conditions to the execution.

The trader will send the consumer the following information in writing or in such a way that the consumer can store it on an accessible durable medium along with the product or service:

- the address of the trader's business where the consumer can lodge complaints;
- the conditions and how the consumer can exercise their right of withdrawal or a clear statement about the exclusion of the right of withdrawal;
- information about guarantees and existing after-sales service;
- the information included in article 4, paragraph 3 of these conditions unless the trader has already provided this information to the consumer before the conclusion of the agreement;
- the conditions for terminating the agreement if the agreement has a duration of more than one year or is indefinite.

In the case of an extended transaction, the provision in the previous paragraph only applies to the first delivery.

All agreements are concluded under the condition of sufficient availability of the relevant products.

**Article 6 – Right of Withdrawal**

When purchasing products, the consumer has the option to dissolve the agreement without giving any reason within 14 days. This cooling-off period starts the day after the consumer or a pre-designated third party, other than the carrier, receives the product.

During the cooling-off period, the consumer must handle the product and packaging with care. You will only unpack or use the product to the extent necessary to determine if you want to keep the product. If you exercise your right of withdrawal, you must return the product with all accessories and, as far as reasonably possible, in its original condition and packaging to the trader in accordance with the trader's reasonable and clear instructions.

If the consumer wishes to exercise their right of withdrawal, they are obliged to notify the trader within 14 days of receiving the product. The consumer must communicate this through a written notification/email. If 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 products were returned in a timely manner, for example through a postal receipt.

If the consumer has not indicated that they wish to exercise their right of withdrawal by the expiration of the periods mentioned in paragraphs 2 and 3 or has not returned the product to the trader, the purchase is a fact.

**Article 7 – Costs in Case of Withdrawal**

If the consumer exercises their right of withdrawal, they will bear the cost of returning the products.

If the consumer has paid an amount, the trader will refund this amount as soon as possible, but no later than 14 days after the withdrawal. The condition for this is that the product has already been received by the trader or conclusive proof of complete return can be provided.

**Article 8 – Exclusion of Right of Withdrawal**

The trader can exclude the consumer from the right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the trader has clearly stated this in the offer or at least in a timely manner before concluding the agreement.

Exclusion of the right of withdrawal is only possible for products:

- that have been created by the trader in accordance with consumer specifications;
- that are clearly personal;
- that cannot be returned due to their nature;
- that spoil or age quickly;
- whose price depends on fluctuations in the financial market that the trader has no influence over;
- for individual newspapers and magazines;
- for

audio and video recordings and computer software that the consumer has unsealed;
- for hygiene products where the seal has been broken by the consumer.

Exclusion of the right of withdrawal is only possible for services:

- related to accommodation, transport, catering, or leisure activities to be performed on a certain date or during a certain period;
- where delivery has started with the consumer's express consent before the cooling-off period has expired;
- regarding betting and lotteries.

**Article 9 – Price**

During the validity period mentioned in the offer, the prices of the offered products and/or services will not be increased except for price changes due to changes in VAT rates.

Contrary to the provisions of the previous paragraph, the trader can offer products or services whose prices are subject to fluctuations in the financial market beyond the trader's control at variable prices. This connection to fluctuations and the fact that all mentioned prices are target prices are mentioned in the offer.

Price increases within 3 months after the agreement's conclusion are only allowed if they result from legal regulations or provisions.

Price increases from 3 months after the agreement's conclusion are only allowed if the trader has stipulated this and:

- they result from legal regulations or provisions; or
- the consumer has the authority to terminate the agreement on the day the price increase takes effect.

The place of delivery is determined in accordance with Section 5, Paragraph 1 of the Sales Tax Act of 1968 in the country where the transport begins. In this case, the delivery is outside the EU. Therefore, the postal or courier company will invoice the customer for import VAT and/or customs clearance costs. Therefore, the trader does not charge VAT.

Printing and typographical errors are reserved. No liability is accepted for the consequences of printing and typographical errors. In the case of printing and pricing errors, the trader is not obliged to deliver the product at the incorrect price.

**Article 10 – Conformity and Warranty**

The trader 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 and/or government regulations existing on the date of the agreement. If agreed, the trader also guarantees that the product is suitable for other than normal use.

A warranty provided by the trader, manufacturer, or importer does not affect the legal rights and claims that the consumer can assert against the trader under the agreement.

Any defect or incorrectly delivered product must be reported in writing to the trader within 14 days of delivery. Products must be returned in their original packaging and in new condition.

The trader's warranty period corresponds to the manufacturer's warranty period. The trader 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.

The warranty does not apply if:

- The consumer has repaired and/or altered the delivered products themselves or had them repaired and/or altered by third parties;
- The delivered products have been exposed to abnormal conditions or otherwise handled carelessly or contrary to the trader's instructions;
- Defects are wholly or partly 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 trader will take the greatest possible care when receiving and executing product orders.

The place of delivery is the address that the consumer has provided to the trader.

Subject to the provisions of Article 4 of these general terms and conditions, the company will execute accepted orders promptly but no later than 30 days, unless the consumer has agreed to a longer delivery period. If the delivery is delayed, or if an order cannot be executed or only partially executed, the consumer will be informed of this no later than 30 days after placing the order. In this case, the consumer has the right to dissolve the agreement without cost and be entitled to any compensation.

In the event of dissolution under the preceding paragraph, the trader will refund the amount paid by the consumer as soon as possible, but no later than 14 days after dissolution.

If the delivery of an ordered product proves impossible, the trader will make an effort to provide a replacement product. The delivery of a replacement product will be clearly and comprehensibly stated at the latest at the time of delivery. The right of withdrawal cannot be excluded for replacement products. Return shipping costs are borne by the trader.

The risk of damage and/or loss of products rests with the trader until the time of delivery to the consumer or a pre-designated representative, unless expressly agreed otherwise.

**Article 12 – Extended Duration Transactions: Duration, Termination, and Renewal**

Termination

The consumer may terminate an agreement entered into for an indefinite period that includes 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.

The consumer may terminate an agreement entered into for a definite period that includes the regular delivery of products (including electricity) or services at any time at the end of the fixed term with due observance of the agreed termination rules and a notice period of no more than one month.

The consumer may terminate the agreements referred to in the preceding paragraphs:

- at any time and not be limited to termination at a specific time or during a specific period;
- at least in the same way as they were concluded;
- always terminate with the same notice period as the trader has stipulated for themselves.

Renewal

A fixed-term agreement that includes the regular delivery of products (including electricity) or services may not be tacitly renewed or extended for a fixed term.

A fixed-term agreement for the regular delivery of daily, weekly, or monthly newspapers or magazines may be automatically extended for a limited period of a maximum of three months if the consumer can terminate the extended agreement at the end of the extension period with a notice period of no more than one month.

A fixed-term agreement for the regular delivery of products or services may only be automatically 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 maximum of three months if the agreement includes the regular, but less than monthly, delivery of daily, weekly, or monthly newspapers or magazines.

A temporary agreement for the regular delivery of daily and weekly newspapers as an introduction (trial or introductory subscription) does not automatically continue and ends automatically at the end of the trial or introductory period.

Duration

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 dictate that termination before the end of the agreed term is unacceptable.

**Article 13 – Payment**

Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 business days after the cooling-off period 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 the confirmation of the agreement.

The consumer has the duty to report any inaccuracies in the payment details provided or stated to the trader immediately.

If the consumer does not fulfill their payment obligation(s) in time, they are, after being notified of the late payment by the trader and given a period of 14 days to still fulfill their payment obligations, after the failure to pay within this 14-day period, owe the statutory interest on the amount still due and the trader is entitled to charge the extrajudicial collection costs incurred by him. These collection costs amount to a maximum of 15% on outstanding amounts up to €2,500, 10% on the following €2,500, and 5% on the next €5,000, with a minimum of €40. The trader may deviate from the stated amounts and percentages for the benefit of the consumer.

**Article 14 – Complaints**

Complaints about the performance of the agreement must be fully and clearly described and submitted to the trader within 7 days after the consumer has discovered the defects.

Complaints submitted to the trader will be answered within 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the trader will respond within 14 days with a notice of receipt and an indication when the consumer can expect a more detailed answer.

If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute resolution procedure.

A complaint does not suspend the trader's obligations unless the trader indicates otherwise in writing.

If the trader considers a complaint to be well-founded, the trader will, at its option, replace or repair the delivered products free of charge.

**Article 15 – Disputes**

Only Dutch law applies to agreements between the trader and the consumer to which these general terms and conditions apply. Even if the consumer lives abroad, please contact us  = info@safe-footwear.com