Terms and Conditions    

 

Definitions

  1. Safe Corner: Safe Corner, established in Den Haag, Chamber of Commerce no. 76195309.

  2. Customer: the person with whom Safe Corner has entered into an agreement.

  3. Parties: Safe Corner and customer together.

  4. Consumer: a customer who is an individual acting for private purposes.

 

Applicability

  1. These terms and conditions will apply to all quotations, offers, activities, orders, agreements and deliveries of services or products by or on behalf of Safe Corner. 

  2. Parties can only deviate from these conditions if they have explicitly agreed upon in writing.

  3. The parties expressly exclude the applicability of supplementary and/or deviating general terms and conditions of the customer or of third parties.

 

Prices

  1. All prices used by Safe Corner are in euros, are exclusive of VAT and exclusive of any other costs unless expressly stated otherwise or agreed otherwise.

  2. Safe Corner is entitled to adjust all prices for its products or services, on its website or otherwise, at any time.

  3. The price with regard to services is determined by Safe Corner on the basis of the actual working hours.

  4. The price is calculated according to the usual hourly rates of Safe Corner, valid for the period in which he carries out the work, unless a different hourly rate has been agreed.

  5. If the parties have agreed on a total amount for a service provided by Safe Corner, this is always a target price, unless the parties have explicitly agreed upon in writing on a fixed price, which cannot be deviated from.

  6. Safe Corner is entitled to deviate up to 10% of the target price.

  7. If the target price exceeds 10%, Safe Corner must let the customer know in due time why a higher price is justified.

  8. If the target price exceeds 10%, the customer has the right to cancel the part of the order that exceeds the target price by 10%.

  9. Safe Corner will communicate price adjustments to the customer prior to the moment the price increase becomes effective.

  10. The consumer has the right to terminate the contract with Safe Corner if he does not agree with the price increase.

 

Payment Procedure

  1. Services must be paid for in advance, or they cannot be provided.

  2. Services are not reimbursable through health insurance.

 

Consequences of late payment

  1. If the customer does not pay within the agreed term, Safe Corner is entitled to charge an interest of 10% per month from the day the customer is in default, whereby a part of a month is counted for a whole month.

  2. When the customer is in default, he is also due to extrajudicial collection costs and may be obliged to pay any compensation to Safe Corner.

  3. The collection costs are calculated on the basis of the Reimbursement for extrajudicial collection costs.

  4. If the customer does not pay on time, Safe Corner may suspend its obligations until the customer has met his payment obligation.

  5. In the event of liquidation, bankruptcy, attachment or suspension of payment on behalf of the customer, the claims of Safe Corner on the customer are immediately due and payable.

  6. If the customer refuses to cooperate with the performance of the agreement by Safe Corner, he is still obliged to pay the agreed price to Safe Corner.

 

Cancellations

Customer must give forty-eight (48) hours prior notice if he needs to cancel or change the time of an appointment, otherwise, will be charged for the session in full.

 

Suspension of obligations by the customer

The customer waives the right to suspend the fulfilment of any obligation arising from this agreement.

 

Settlement

The customer waives his right to settle any debt to Safe Corner with any claim on Safe Corner.

 

Insurance

  1. The customer undertakes to insure and keep insured the following items adequately against fire, explosion and water damage as well as theft:

  • goods delivered that are necessary for the execution of the underlying agreement

  • goods being property of Safe Corner that are present at the premises of Safe Corner

 

Guarantee

When parties have entered into an agreement with services included, these services only contain best-effort obligations for Safe Corner, not obligations of results.

 

Performance of the agreement

  1. Safe Corner executes the agreement to the best of its knowledge and ability and in accordance with the requirements of good workmanship.

  2. Safe Corner has the right to have the agreed services (partially) performed by third parties.

  3. The execution of the agreement takes place in mutual consultation and after written agreement and payment of the possibly agreed advance by the customer.

  4. It is the responsibility of the customer that Safe Corner can start the implementation of the agreement on time.

  5. If the customer has not ensured that Safe Corner can start the implementation of the agreement in time, the resulting additional costs and/or extra hours will be charged to the customer. 

 

Duty to inform by the customer

  1. The customer shall make available to Safe Corner all information, data and documents relevant to the correct execution of the agreement to in time and in the desired format and manner. 

  2. The customer guarantees the correctness, completeness and reliability of the information, data and documents made available, even if they originate from third parties, unless otherwise ensuing from the nature of the agreement.

  3. If and insofar as the customer requests this, Safe Corner will return the relevant documents.

  4. If the customer does not timely and properly provides the information, data or documents reasonably required by Safe Corner and the execution of the agreement is delayed because of this, the resulting additional costs and extra hours will be charged to the customer.

 

Duration of the agreement

  1. The agreement between Safe Corner and the customer is entered into for an indefinite period of time, unless it results otherwise from the nature of the agreement or the parties have expressly agreed otherwise in writing.

  2. If a fixed-term contract has been entered into, it will be tacitly converted into an open-ended contract at the end of the term, unless 1 of the parties terminates the contract with due observance of a notice period of 2 month(s), or if a consumer terminates the agreement with due observance of a notice period of 1 month / the agreement ends at the end of the fixed term.

  3. If the parties have agreed upon a term for the completion of certain activities, this is never a strict deadline, unless specified explicitly otherwise in writing. If this term is exceeded, the customer must give Safe Corner a written reasonable term to terminate the activities, before it may either terminate the contract or claim damages.

 

Cancellation of the contract for an indefinite period of time

A consumer has the right to terminate an agreement for an indefinite period with due observance of a notice period of 1 month.

 

Indemnity

The customer indemnifies Safe Corner against all third-party claims that are related to the products and/or services supplied by Safe Corner.

 

Complaints

  1. If a delivered service does not comply with what the customer could reasonably expect from the agreement, the customer must inform Safe Corner of this as soon as possible, but in any case, within 1 month after the discovery of the shortcomings.

  2. The customer gives a detailed description as possible of the shortcomings, so that Safe Corner is able to respond adequately.

  3. The customer must demonstrate that the complaint relates to an agreement between the parties.

  4. If a complaint relates to ongoing work, this can in any case not lead to Safe Corner being forced to perform other work than has been agreed.

 

Giving notice

  1. The customer must provide any notice of default to Safe Corner in writing.

  2. It is the responsibility of the customer that a notice of default actually reaches Safe Corner (in time).

 

Joint and several Client liabilities

If Safe Corner enters into an agreement with several customers, each of them shall be jointly and severally liable for the full amounts due to Safe Corner under that agreement.

 

Liability of Safe Corner

  1. Safe Corner is never liable for indirect damages, such as consequential loss, lost profit, lost savings or damage to third parties.

  2. All images, information, photos, colors, drawings, descriptions on the website or in a catalog are only indicative and are only approximate and cannot lead to any compensation and/or (partial) dissolution of the agreement and/or suspension of any obligation.

 

Expiry period

Every right of the customer to compensation from Safe Corner shall, in any case, expire within 12 months after the event from which the liability arises directly or indirectly. This does not exclude the provisions in article 6:89 of the Dutch Civil Code.

 

Dissolution

  1. The customer has the right to dissolve the agreement if Safe Corner imputably fails in the fulfilment of his obligations, unless this shortcoming does not justify termination due to its special nature or because it is of minor significance.

  2. If the fulfilment of the obligations by Safe Corner is not permanent or temporarily impossible, dissolution can only take place after Safe Corner is in default.

  3. Safe Corner has the right to dissolve the agreement with the customer, if the customer does not fully or timely fulfil his obligations under the agreement, or if circumstances give Safe Corner good grounds to fear that the customer will not be able to fulfil his obligations properly.

 

Modification of the agreement

If, after the conclusion of the agreement and before its implementation, it appears necessary to change or supplement its contents, the parties shall timely and in mutual consultation adjust the agreement accordingly.

 

Changes in the general terms and conditions

  1. Safe Corner is entitled to amend or supplement these general terms and conditions.

  2. Changes of minor importance can be made at any time.

  3. Major changes in content will be discussed by Safe Corner with the customer in advance as much as possible.

  4. Consumers are entitled to cancel the agreement in the event of a substantial change to the general terms and conditions.

 

Transfer of rights

  1. The customer cannot transfer its rights deferring from an agreement with Safe Corner to third parties without the prior written consent of Safe Corner.

  2. This provision applies as a clause with a property law effect as referred to in Section 3:83 (2) Dutch Civil Code.

 

Consequences of nullity or annullability

  1. If one or more provisions of these general terms and conditions prove null or annullable, this will not affect the other provisions of these terms and conditions.

  2. A provision that is null or annullable shall, in that case, be replaced by a provision that comes closest to what Safe Corner had in mind when drafting the conditions on that issue.

 

Applicable law and competent court

  1. Dutch law is exclusively applicable to all agreements between the parties.

  2. The Dutch court in the district where Safe Corner is established is exclusively competent in case of any disputes between parties, unless the law prescribes otherwise.

This document was last updated on December 18, 2019
© Copyright 2019
Safe Corner - Figen Sekmen Süzük
KVK NUMBER: 76195309
BTW NUMBER: NL003061478B09
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