Terms and conditions

These terms and conditions apply to all orders placed with Safe Age.

Table of contents:

Article 1 – Definitions
Article 2 – Identity of the trader
Article 3 – Applicability
Article 4 – The offer
Article 5 – The contract
Article 6 – Right of withdrawal
Article 7 – Costs in the event of withdrawal
Article 8 – Exclusion of the right of withdrawal
Article 9 – The price
Article 10 – Conformity and warranty
Article 11 – Delivery and performance
Article 12 – Continuing transactions: duration, termination and renewal
Article 13 – Payment
Article 14 – Complaints procedure
Article 15 – Disputes
Article 16 – Additional or deviating provisions
Article 17 – Right of withdrawal
Article 18 – Warranty, liability and responsibility

Article 1 – Definitions

In these terms and conditions, the following definitions apply:

Cooling-off period: the period within which the consumer can exercise their right of withdrawal;
Consumer: the natural person who is not acting in the exercise of a profession or business and who enters into a distance contract with the trader;
Day: calendar day;
Continuing transaction: a distance contract relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;
Durable medium: any means that enables the consumer or trader to store information addressed personally to them in a way that allows future consultation and unaltered reproduction of the stored information.
Right of withdrawal: the possibility for the consumer to cancel the distance contract within the cooling-off period;
Model form: the model withdrawal form made available by the trader, which a consumer can complete when they wish to exercise their right of withdrawal.
Trader: the natural or legal person who offers products and/or services to consumers at a distance;
Distance contract: a contract in which, within the framework of a system for the distance selling of products and/or services organised by the trader, exclusive use is made of one or more technologies for distance communication up to and including the conclusion of the contract;
Technology for distance communication: a means that can be used to conclude a contract without the consumer and trader having come together in the same room at the same time.
Terms and Conditions: these Terms and Conditions of the trader.

Article 2 – Identity of the trader

TB Services B.V.
Dulleweg 4 (no visiting address)
1721 CT Broek op Langedijk

Telephone number: 085 0643558
Email address: info@safeage.eu
KvK number: 68153708
VAT identification number: NL857323428B01

Article 3 – Applicability

These terms and conditions apply to every offer made by the trader and to every distance contract concluded and every order placed between the trader and the consumer.
Before the distance contract is concluded, the text of these 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 terms and conditions can be inspected at the trader's premises and that they will be sent free of charge as soon as possible at the consumer's request.
If the distance contract is concluded electronically, then, notwithstanding the previous paragraph and before the distance contract is concluded, the text of these terms and conditions may 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 contract is concluded where the terms and conditions can be consulted electronically and that they will be sent free of charge at the consumer's request, electronically or otherwise.
In the event that specific product or service conditions apply in addition to these terms and conditions, the second and third paragraphs apply correspondingly and, in the event of conflicting terms and conditions, the consumer can always rely on the applicable provision that is most favourable to them.
If one or more provisions of these terms and conditions are at any time wholly or partly void or annulled, the contract and these terms and conditions otherwise remain in force, and the provision concerned will without delay be replaced by mutual agreement with a provision that approximates the purport of the original as closely as possible.
Situations not covered by these terms and conditions must be assessed ‘in the spirit’ of these 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 terms and conditions.

Article 4 – The offer

If an offer has a limited period of validity or is made subject to conditions, this will be expressly stated in the offer.
The offer is without obligation. The trader 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 the consumer to assess the offer properly. If the trader uses images, they are a truthful representation of the products and/or services offered. Obvious mistakes or obvious errors in the offer do not bind the trader.
All images and specifications/data in the offer are indicative and cannot give rise to compensation or termination of the contract.
Images of products are a truthful representation of the products offered. The trader cannot guarantee that the colours displayed exactly match the real colours of the products.
Each offer contains such information that it is clear to the consumer what rights and obligations are attached to acceptance of the offer. This concerns in
particular:

the price including taxes;
any shipping costs;
the way in which the contract will be concluded and which actions are required for this;
whether or not the right of withdrawal applies;
the method of payment, delivery and performance of the contract;
the period for accepting the offer, or the period within which the trader guarantees the price;
the rate for distance communication if the costs of using the technology for distance communication are calculated on a basis other than the regular basic rate for the means of communication used;
whether the contract will be archived after its conclusion and, if so, how the consumer can consult it;
the way in which the consumer can, before concluding the contract, check the data they have provided in connection with the contract and, if desired, correct it;
any other languages in which, in addition to Dutch, 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 contract in the case of a continuing transaction.
Optional: available sizes, colours, type of materials.

Article 5 – The contract

Subject to the provisions of paragraph 4, the contract is concluded at the moment the consumer accepts the offer and meets the conditions set in that regard.
If the consumer has accepted the offer electronically, the trader will without delay confirm receipt of the acceptance of the offer electronically. As long as receipt of this acceptance has not been confirmed by the trader, the consumer may terminate the contract.
If the contract is concluded electronically, the trader will take appropriate technical and organisational measures to secure the electronic transfer of data and will ensure a secure web environment. If the consumer can pay electronically, the trader will observe appropriate security measures for this purpose.
The trader may – within legal limits – inform itself whether the consumer can meet their payment obligations, as well as of all those facts and factors that are relevant to responsibly entering into the distance contract. If, on the basis of this investigation, the trader has good grounds for not entering into the contract, it is entitled to refuse an order or request, giving reasons, or to attach special conditions to its performance.
The trader will send the following information with the product or service to the consumer, in writing or in such a way that the consumer can store it in an accessible manner on a durable medium:
the visiting address of the trader's establishment where the consumer can go with complaints;
the conditions under which and the way 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 after-sales service;
the data included in Article 4 paragraph 3 of these terms and conditions, unless the trader has already provided this data to the consumer before performance of the contract;
the requirements for terminating the contract if the contract has a duration of more than one year or is of indefinite duration.
In the case of a continuing transaction, the provision in the previous paragraph applies only to the first delivery.
Every contract is entered into subject to the condition precedent of sufficient availability of the products concerned.

Article 6 – Right of withdrawal

For the delivery of products:

When purchasing products, the consumer has the option of terminating the contract without giving reasons for a period of 30 days. This cooling-off period begins 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 trader.
During the cooling-off period the consumer will handle the product and the packaging with care. They will unpack or use the product only to the extent necessary to assess whether they wish to keep the product. If they exercise their right of withdrawal, they will return the product to the trader with all accessories supplied and – if reasonably possible – in its original condition and packaging, in accordance with the reasonable and clear instructions provided by the trader.
When the consumer wishes to exercise their right of withdrawal, they are obliged to make this known to the trader within 30 days of receipt of the product. The consumer must make this known by means of the model form. After the consumer has made known that they wish to exercise their right of withdrawal, the customer must send the product back within 30 days. The consumer must prove that the delivered goods were returned in time, for example by means of proof of shipment.
If, after the periods referred to in paragraphs 2 and 3 have expired, the customer has not made known that they wish to exercise their right of withdrawal or has not returned the product to the trader, the purchase is final.

For the provision of services:

For the provision of services, the consumer has the option of terminating the contract without giving reasons for a period of at least 30 days, starting on the day the contract is entered into.
To exercise their right of withdrawal, the consumer will follow the reasonable and clear instructions provided by the trader with the offer and/or at the latest upon delivery.

Article 7 – Costs in the event of withdrawal

If the consumer exercises their right of withdrawal, at most the costs of returning the product will be for their account.
If the consumer has paid an amount, the trader will refund this amount as soon as possible, but no later than within 14 days after withdrawal. The condition for this is that the product has already been received back by the online retailer or that conclusive proof of complete return can be provided. The refund will be made using the same payment method used by the consumer, unless the consumer expressly consents to a different payment method.
In the event of damage to the product through careless handling by the consumer themselves, the consumer is liable for any reduction in the value of the product.
The consumer cannot be held liable for a reduction in the value of the product if the trader has not provided all legally required information about the right of withdrawal; this must be done before the purchase contract is concluded.

Article 8 – Exclusion of the right of withdrawal

The trader may exclude the consumer's right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal applies only if the trader has clearly stated this in the offer, or at least in good time before the contract is concluded.
Exclusion of the right of withdrawal is possible only for products:
that have been made by the trader in accordance with the consumer's specifications;
that are clearly personal in nature;
that by their nature cannot be returned;
that can spoil or age quickly;
the price of which is tied to fluctuations on the financial market over which the trader 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 hygiene products of which the consumer has broken the seal.
Exclusion of the right of withdrawal is possible only for services:
relating to accommodation, transport, restaurant services or leisure activities to be provided on a specific date or during a specific period;
the provision of which began with the express consent of the consumer before the cooling-off period expired;
relating to 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 will not be increased, except for price changes resulting from changes in VAT rates.
Notwithstanding the previous paragraph, the trader may offer products or services whose prices are tied to fluctuations on the financial market and over which the trader has no influence at variable prices. This link to fluctuations and the fact that any prices stated are guide prices will be stated with the offer.
Price increases within 3 months after the conclusion of the contract are permitted only if they result from statutory regulations or provisions.
Price increases from 3 months after the conclusion of the contract are permitted only if the trader has stipulated this and:
they result from statutory regulations or provisions; or
the consumer has the power to terminate the contract 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 trader is not obliged to deliver the product at the incorrect price.

Discount codes

Not exchangeable for cash.
Maximum of one discount code per order per customer.
A discount code can be used once per customer. A discount code can therefore not be applied to multiple orders by one customer.
Enter the discount code during the ordering process in the shopping basket or show the barcode in the shop.
A discount code is valid once per customer.
After the expiry date of the promotion, the discount can no longer be claimed.
A discount cannot be redeemed afterwards on an order already placed.

Article 10 – Conformity and Warranty

The trader guarantees that the products and/or services comply with the contract, 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 contract. 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 statutory rights and claims that the consumer can assert against the trader on the basis of the contract.
Any defects or incorrectly delivered products must be reported to the trader in writing within 4 weeks after delivery. Products must be returned in the original packaging and in new condition.
The trader's warranty period corresponds to the manufacturer's warranty period. However, 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 modified the delivered products themselves or has had them repaired and/or modified by third parties;
The delivered products have been exposed to abnormal conditions or are otherwise handled carelessly or contrary to the instructions of the trader and/or those on the packaging;
The defect is wholly or partly the result of regulations that the government has laid down or will lay down regarding the nature or quality of the materials used.

Article 11 – Delivery and performance

The trader will take the greatest possible care when receiving and carrying out orders for products and when assessing requests for the provision of services.
The place of delivery is the address that the consumer has made known to the company.
Subject to what is stated in paragraph 4 of this article, the company will carry out 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 carried out or can be carried out only in part, 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 terminate the contract without cost. 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 termination in accordance with paragraph 3 of this article, the trader will refund the amount paid by the consumer as soon as possible, but no later than within 30 days after termination.
If delivery of an ordered product proves impossible, the trader will make an effort to make a replacement item available. At the latest upon delivery, it will be stated in a clear and comprehensible manner that a replacement item is being delivered. The right of withdrawal cannot be excluded for replacement items. The costs of any return shipment are for the account of the trader.
The risk of damage to and/or loss of products rests with the trader until the moment of delivery to the consumer or a representative designated in advance and made known to the trader, unless expressly agreed otherwise.

Article 12 – Continuing transactions: duration, termination and renewal

Termination

The consumer may terminate a contract entered into for an indefinite period and which provides for the regular delivery of products (including electricity) or services at any time, subject to the agreed termination rules and a notice period of no more than one month.
The consumer may terminate a contract entered into for a fixed period and which provides for the regular delivery of products (including electricity) or services at any time towards the end of the fixed term, subject to the agreed termination rules and a notice period of no more than one month.
The consumer may, with regard to the contracts mentioned in the previous paragraphs:

terminate them at any time and not be limited to termination at a specific time or in a specific period;
terminate them at least in the same way as they were entered into by them;
always terminate them with the same notice period as the trader has stipulated for itself.

Renewal

A contract entered into for a fixed period and which provides for the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a fixed term.
Notwithstanding the previous paragraph, a contract entered into for a fixed period and which provides for the regular delivery of daily, news and weekly papers and magazines may be tacitly extended for a fixed term of up to three months, if the consumer can terminate this extended contract towards the end of the extension with a notice period of no more than one month.
A contract entered into for a fixed period and which provides for the regular delivery of products or services may be tacitly extended for an indefinite period only 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 contract provides for the regular, but less than monthly, delivery of daily, news and weekly papers and magazines.
A contract of limited duration for the regular introductory delivery of daily, news and weekly papers and magazines (trial or introductory subscription) is not tacitly continued and ends automatically at the end of the trial or introductory period.

Duration

If a contract has a duration of more than one year, the consumer may, after one year, terminate the contract at any time with a notice period of no more than one month, unless reasonableness and fairness preclude termination before the end of the agreed term.

Article 13 – Payment

Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the start of the cooling-off period referred to in Article 6 paragraph 1. In the case of a contract for the provision of a service, this period begins after the consumer has received confirmation of the contract.
The consumer has the duty to report inaccuracies in payment details provided or stated to the trader without delay.
In the event of non-payment by the consumer, the trader has the right, subject to legal restrictions, to charge the reasonable costs made known to the consumer in advance.

Article 14 – Complaints procedure

The trader has a sufficiently publicised complaints procedure and handles complaints in accordance with this complaints procedure.
Complaints about the performance of the contract must be submitted to the trader, fully and clearly described, within 7 days after the consumer has discovered the defects.
Complaints submitted to the trader will be answered within a period of 30 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the trader will respond within the period of 30 days with an acknowledgement of receipt and an indication of 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.
In the event of complaints, a consumer must first contact the trader. If the webshop is affiliated with Stichting WebwinkelKeur, and in the case of complaints that cannot be resolved by mutual agreement, the consumer must contact Stichting WebwinkelKeur (webwinkelkeur.nl), which will mediate free of charge. Check whether this webshop has a current membership via https://www.webwinkelkeur.nl/leden/. If a solution is still not reached, the consumer has the option of having their complaint dealt with by the independent disputes committee appointed by Stichting WebwinkelKeur; its decision is binding and both trader and consumer consent to this binding decision. Submitting a dispute to this disputes committee involves costs that must be paid by the consumer to the committee concerned. It is also possible to register complaints via the European ODR platform (https://ec.europa.eu/odr).
A complaint does not suspend the trader's obligations, unless the trader indicates otherwise in writing.
If a complaint is found to be well founded by the trader, the trader will, at its option, either replace or repair the delivered products free of charge.

Article 15 – Disputes

Contracts between the trader and the consumer to which these terms and conditions relate are governed exclusively by Dutch law, even if the consumer lives abroad.
The Vienna Sales Convention does not apply.

Article 16 – Additional or deviating provisions

Additional provisions or provisions deviating from these terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that the consumer can store them in an accessible manner on a durable medium.

2.4 safeage.eu guarantees that anyone acting under the authority of safeage.eu, insofar as they have access to personal data for which the customer is responsible, processes this data only on the instructions of customers, subject to deviating statutory provisions.

2.5 Responsibility for the data processed by the customer using a service of safeage.eu lies entirely with the customer.

2.6 The customer guarantees that the content, use and/or processing of the data is not unlawful and does not infringe any right (of a third party).

2.7 The customer indemnifies safeage.eu against any legal claim by a third party, on whatever ground, in connection with this data and/or the performance of the contract.

2.8 In the absence of a further, separately agreed processing agreement, the provisions in this article will apply as the obligations referred to in the Dutch Personal Data Protection Act (Wet Bescherming Persoonsgegevens).

2.9 Partner programme fees are not paid on orders placed during special promotional weeks such as Black Friday, second-chance items or the New Year sale.

2.10 The battery life of products depends on settings, temperature and use. The period of use stated by Safe Age is an average duration under battery-saving settings and conditions.

Article 17 – Right of withdrawal
17.1 The contract concluded (at a distance and/or off-premises) between safeage.eu and the consumer can be cancelled by notification from the consumer/customer within 30 days (free of charge) without giving reasons. Withdrawal is made by means of an unambiguous written statement. An email message is sufficient. After the consumer has given notification, the consumer has a further 30 days for the actual return. After receiving the returned shipment, safeage.eu will proceed to refund within 30 days, provided the product has been received in good order.
17.2 In cases where the customer has chosen a more expensive delivery method than the regular delivery method, the customer bears the additional costs of this more expensive delivery method.
17.3 For a contract for the provision of services, the withdrawal period begins on the day the contract is concluded.
17.4 For a consumer purchase, the period begins on the day on which the item is received.
17.5 If you exercise your right of withdrawal, the product will be returned to the trader with all accessories supplied and – if reasonably possible – in its original condition and packaging.
17.6 In this sector the right of withdrawal does not apply to;

the delivery of items made according to specific wishes;
the delivery of sealed (software) items, if the seal has been broken;
the delivery of audio and video recordings and computer software of which the seal has been broken after delivery;
Vouchers or credit notes
off-premises contracts in which the customer enters into a payment obligation of no more than € 50.

Article 18 – Warranty, liability and responsibility
18.1 Safeage.eu guarantees that the products it delivers meet the requirements of usability, reliability and service life as reasonably intended by the parties to the purchase contract, and thereby stands behind the manufacturer's warranty of the product delivered to you.
18.2 The warranty period of Safeage.eu corresponds to the manufacturer's warranty period.
18.3 A standard statutory warranty period of 2 years applies to Safe Age products.
18.4 The warranty period begins on the day after the operational delivery of the product.
18.5 The warranty does not apply to, among other things, incorrect commissioning, failure to observe instructions for use correctly, services, connections or other facilities provided by third parties.
18.6 In the event of complaints, a consumer must first contact the trader. In the case of complaints that cannot be resolved by mutual agreement, the consumer must contact Stichting WebwinkelKeur (www.webwinkelkeur.nl), which will mediate free of charge. If a solution is still not reached, the consumer has the option of having their complaint dealt with by the independent disputes committee appointed by Stichting WebwinkelKeur; its decision is binding and both trader and consumer consent to this binding decision. Submitting a dispute to this disputes committee involves costs that must be paid by the consumer to the committee concerned. It is also possible to register complaints via the European ODR platform (http://ec.europa.eu/odr).
18.7 Defects/damage that arise within 2 years despite fully correct observance of the instructions for use (following assessment by Safe Age) and that are not the result of other kinds of influences/external influences outside the responsibility of Safe Age, and that result in a responsibility/liability (thus a finding by Safe Age that the complaints are well founded), are subject solely and exclusively to the following;
18.8 In those cases Safe Age determines (thus entirely at the choice of Safe Age as the leading party in this matter) whether the delivered items will be replaced free of charge or whether a written arrangement on compensation will be made with the customer, on the understanding that the liability of Safe Age and consequently the amount of compensation is always limited to at most the invoice amount of the items concerned, or (again at the choice of Safe Age and thus leading) to the maximum in the case concerned by the liability insurance. Liability of Safe Age for any other form of damage is excluded, including additional compensation in any form whatsoever, compensation for direct and/or indirect damage or consequential damage or damage due to loss of profit (including damage in the form of loss of turnover or reduced goodwill in the customer's business or profession, immaterial and material damage, business or stagnation damage, damage to movable or immovable property, or to persons, both at the customer and at third parties – as a result of or related to the use or consumption of items delivered by safeage.eu or work carried out by safeage.eu, or caused by auxiliary persons engaged to carry out work or deliver items, or caused by auxiliary items used in the delivery or performance of the contract).

18.9 The warranty does not apply if:

and for as long as the customer is in default towards Safe Age
the customer has repaired/modified the delivered items themselves or has had them repaired/modified by third parties.
the delivered items have been exposed to abnormal conditions or are otherwise handled carelessly or contrary to the (user) instructions of Safe Age and/or those stated on the packaging
the defect is wholly or partly the result of regulations that the government has laid down or will lay down regarding the nature and/or quality of the materials used.

18.10 The customer is obliged to check the delivered items immediately upon receipt. If it appears that the delivered item is incorrect, defective or incomplete, the customer must (before proceeding to return it) report these findings immediately in writing to safeage.eu.
18.11 Any defects or incorrectly delivered goods must and can be reported to safeage.eu in writing up to a maximum of 2 weeks after delivery.
18.12 Items must be returned in the original packaging (including accessories and accompanying documentation) and in new condition.
18.13 Putting into use after discovery of defects, damage arising after discovery of defects, encumbrance and/or resale after discovery of defects causes this right to complain and return to lapse entirely.
18.14 Safeage.eu is never responsible for the ultimate suitability of the products/items for each individual application by the customer, nor for any advice regarding the use or application of the products/items.

18.15 safeage.eu is not liable for acts or omissions of third parties whom safeage.eu uses in the performance of a contract.

18.16 safeage.eu is not liable for consequential damage suffered by the customer or third parties. If materials for the service are supplied by the customer, or the use of certain materials or items is stipulated by or on behalf of the customer, safeage.eu is not liable for defects arising from the use of those materials or items, nor for the resulting damage.

18.17 safeage.eu is not liable for damage of any kind because it relied on incorrect and/or incomplete data and/or materials and/or working conditions provided by the customer, unless this inaccuracy or incompleteness should have been apparent to it.

18.18 The customer indemnifies safeage.eu and employees of safeage.eu against all claims by third parties, in particular for product liability as a result of a defect in a product or system supplied by the customer to a third party and which consisted partly of equipment or other materials supplied by safeage.eu, except if and insofar as the customer proves that the damage was caused by that equipment or those other materials.

18.19 Safe Age is not liable for damage caused by incorrect assembly, failure to replace in time or poor maintenance of our products or associated parts. Certain assembly parts such as bolts must be properly tightened and checked regularly.