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 Performance
Article 12 – Continuous 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 apply:

Cooling-off Period: The period during which the consumer may exercise their right of withdrawal.
Consumer: A natural person who is not acting in the course of a profession or business and who enters into a distance agreement with the entrepreneur.
Day: A calendar day.
Continuous Transaction: A distance agreement relating to a series of products and/or services, where 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 them 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 Withdrawal Form: The standard withdrawal form provided by the entrepreneur that a consumer may complete when exercising the right of withdrawal.
Entrepreneur: The natural or legal person who offers products and/or services to consumers at a distance.
Distance Agreement: An agreement concluded within the framework of a system organized by the entrepreneur for the distance sale of products and/or services, whereby exclusive use is made of one or more means of distance communication up to and including the conclusion of the agreement.
Means of Distance Communication: A method that can be used to conclude an agreement without the consumer and entrepreneur being simultaneously present in the same location.
General Terms and Conditions: The present General Terms and Conditions of the entrepreneur.

Article 2 – Identity of the Entrepreneur

Emperorsafes.com
Blokdrukweg 12
4104 BD Culemborg
The Netherlands

Telephone: +31 (0)85 401 1480
Email: [email protected]

Chamber of Commerce (KvK): 89459121
VAT Number: NL864988783B01

Article 3 – Applicability

These General Terms and Conditions apply to every offer made by the entrepreneur and to every distance agreement and order concluded between the entrepreneur and the consumer.
Before a 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, the entrepreneur shall indicate, before the distance agreement is concluded, that the General Terms and Conditions can be inspected at the entrepreneur’s premises and that they will be sent free of charge to the consumer as soon as possible upon request.
If the distance agreement is concluded electronically, notwithstanding the previous paragraph and before the distance agreement is concluded, the text of these General Terms and Conditions may be made available electronically in such a way that the consumer can easily store them on a durable data carrier. If this is not reasonably possible, it shall be indicated before the distance agreement is concluded where the General Terms and Conditions can be accessed electronically and that they will be sent free of charge, electronically or otherwise, upon request.
If specific product or service conditions apply in addition to these General Terms and Conditions, the second and third paragraphs shall apply accordingly. In the event of conflicting conditions, the consumer may always rely on the provision that is most favourable to them.
If one or more provisions of these General Terms and Conditions are wholly or partially void or annulled at any time, the agreement and the remaining provisions shall remain in force. The relevant provision shall be replaced without delay, in mutual consultation, by a provision that reflects the original intent as closely as possible.
Situations not covered by these General Terms and Conditions shall be assessed in accordance with the spirit of these General Terms and Conditions.
Any ambiguities regarding the interpretation or content of one or more provisions shall likewise be interpreted in accordance with 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 shall be expressly stated in the offer.
All offers are non-binding. The entrepreneur reserves the right to amend and modify 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 make a proper assessment of the offer. If the entrepreneur uses images, these shall be a truthful representation of the products and/or services offered. Obvious mistakes or errors in the offer shall not be binding upon the entrepreneur.
All images, specifications, and data in the offer are indicative and cannot give rise to compensation or dissolution of the agreement.
Product images are intended to provide a truthful representation of the products offered. The entrepreneur cannot guarantee that the displayed colours correspond exactly to the actual colours of the products.
Each offer contains sufficient information to make clear to the consumer the rights and obligations attached to accepting the offer, including in particular:

The price, including taxes;
Any shipping costs;
The manner in which the agreement will be concluded and the actions required for this;
Whether the right of withdrawal applies;
The method of payment, delivery, and performance of the agreement;
The period during which the offer remains valid or during which the entrepreneur guarantees the price;
The rate for distance communication if calculated on a basis other than the standard rate for the means of communication used;
Whether the agreement will be archived after conclusion and, if so, how the consumer can access it;
How the consumer can verify and, if necessary, correct the information provided before concluding the agreement;
Any languages in which the agreement may be concluded in addition to Dutch;
Any codes of conduct to which the entrepreneur is subject and how the consumer can consult these electronically;
The minimum duration of the distance agreement in the case of a continuous transaction.

Article 5 – The Agreement

Subject to the provisions of paragraph 4, the agreement is concluded at the moment the consumer accepts the offer and fulfils the conditions set forth therein.
If the consumer has accepted the offer electronically, the entrepreneur shall immediately confirm receipt of the acceptance electronically. As long as 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 organisational measures to secure the electronic transfer of data and ensure a secure online environment. If the consumer can make electronic payments, the entrepreneur shall observe appropriate security measures.
Within legal limits, the entrepreneur may investigate whether the consumer can meet their payment obligations, as well as all facts and factors relevant to responsibly entering into a distance agreement. If, based on this investigation, the entrepreneur has valid grounds not to enter into the agreement, they are entitled to refuse an order or request, stating reasons, or to attach special conditions to its execution.
The entrepreneur shall provide the consumer with the following information in writing or in a manner that allows the consumer to store it on a durable data carrier:

The business address of the entrepreneur where the consumer may submit complaints;
The conditions and procedures for exercising the right of withdrawal, or a clear statement if the right of withdrawal is excluded;
Information regarding guarantees and after-sales service;
The information included in Article 4, paragraph 3 of these terms, unless already provided before performance of the agreement;
The requirements for terminating the

6. if it has a duration of more than one year or is concluded for an indefinite period.In the case of continuous transaction, the provisions of the previous paragraph apply only to the first delivery.

7. Every agreement is concluded subject to the suspensive condition of sufficient availability of the products concerned.

Article 6 – Right of Withdrawal

1. For the Delivery of Products

When purchasing products, the consumer has the right to cancel the agreement without giving any reason within 14 days. This cooling-off period starts on the day after the consumer, or a representative designated by the consumer and made known to the entrepreneur, receives the product.
During the cooling-off period, the consumer shall handle the product and packaging with care. The consumer shall only unpack or use the product to the extent necessary to determine whether they wish to keep it. If the consumer exercises the right of withdrawal, they shall return the product, including all supplied accessories, in its original condition and packaging, in accordance with the reasonable and clear instructions provided by the entrepreneur.
If the consumer wishes to exercise the right of withdrawal, they must notify the entrepreneur within 14 days of receiving the product. Notification must be made using the model withdrawal form or another means of communication, such as email. After notifying the entrepreneur of their intention to withdraw, the consumer must return the product within 7 days.
The consumer must provide proof that the goods were returned on time, for example by means of a shipping receipt.
If the consumer has not notified the entrepreneur of their intention to exercise the right of withdrawal within the specified period, or has failed to return the product, the purchase becomes final.

2. For the Provision of Services / Installations

For services, the consumer has the right to cancel the agreement without giving reasons within at least 14 days from the date the agreement is concluded.
To exercise the right of withdrawal, the consumer must follow the reasonable and clear instructions provided by the entrepreneur at the time of the offer and/or no later than upon delivery.

Article 7 – Costs in the Event of Withdrawal

If the consumer exercises the right of withdrawal, at most the cost of returning the goods shall be borne by the consumer.
If the consumer has made a payment, the entrepreneur shall refund this amount as soon as possible and no later than 30 days after withdrawal, provided that the product has already been received back by the entrepreneur or conclusive proof of complete return shipment has been provided.
Refunds shall be made using the same payment method used by the consumer, unless the consumer explicitly agrees to another payment method.
If the product has been damaged due to careless handling by the consumer, the consumer shall be liable for any depreciation in value of the product.
The consumer cannot be held liable for depreciation if the entrepreneur failed to provide all legally required information regarding the right of withdrawal before the purchase agreement was concluded.

Article 8 – Exclusion of the Right of Withdrawal

The entrepreneur may exclude the consumer’s right of withdrawal for products and services as described below, provided that this exclusion has been clearly stated in the offer or, at the latest, before the agreement is concluded.

1. Exclusion for Products

The right of withdrawal may only be excluded for products:

That have been manufactured by the entrepreneur according to the consumer’s specifications; or
That have been custom-made according to the consumer’s specifications.

2. Exclusion for Services

The right of withdrawal may only be excluded for services:

Where performance has begun with the consumer’s explicit consent before the cooling-off period has expired.

Article 9 – Price

During the validity period stated in the offer, the prices of the products and/or services offered shall not be increased, except for price changes resulting from changes in VAT rates.
Notwithstanding the previous paragraph, the entrepreneur may offer products or services with variable prices where such prices are subject to fluctuations in the financial market beyond the entrepreneur’s control. This dependency on market fluctuations and the fact that any stated prices are indicative shall be mentioned in the offer.
Price increases within three months after the conclusion of the agreement are only permitted if they result from statutory regulations or legal provisions.
Price increases after three months following the conclusion of the agreement are only permitted if:

The entrepreneur has stipulated this in advance; and
They result from statutory regulations or legal provisions; or
The consumer has the right to terminate the agreement with effect from the date the price increase takes effect.

All prices stated in the offer include VAT.

All prices are subject to typographical and printing errors. No liability is accepted for the consequences of such errors. In the event of typographical or printing errors, the entrepreneur is not obliged to supply the product at 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 usability, and the legal provisions and government regulations in force on the date the agreement is concluded.
If agreed, the entrepreneur also guarantees that the product is suitable for purposes other than its normal use.
Any warranty provided by the entrepreneur, manufacturer, or importer does not affect the legal rights and claims that the consumer may assert against the entrepreneur under the agreement.
Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within two months of delivery.
Returned products must be sent back in their original packaging and in new condition.
The entrepreneur’s warranty period corresponds to the manufacturer’s warranty period. However, the entrepreneur is never responsible for the ultimate suitability of the products for any 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, handled carelessly, or used contrary to the entrepreneur’s instructions and/or the instructions on the packaging;
The defect is wholly or partly the result of government regulations concerning the nature or quality of the materials used.

Article 11 – Delivery and Performance

The entrepreneur shall exercise the utmost 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 provided by the consumer to the company.
Subject to the provisions of paragraph 4 of this article, the company shall execute accepted orders with due speed and no later than 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot be fulfilled or can only be partially fulfilled, the consumer shall be informed no later than 30 days after placing the order. In such cases, the consumer has the right to terminate the agreement free of charge and is not entitled to compensation.
In the event of termination in accordance with the previous paragraph, the entrepreneur shall refund the amount paid by the consumer as soon as possible and no later than 30 days after termination.
All delivery periods are indicative. The consumer cannot derive any rights from stated delivery periods. Exceeding a delivery period does not entitle the consumer to compensation.
If delivery of an ordered product proves impossible, the entrepreneur shall make reasonable efforts to provide a replacement item. At the latest upon delivery, it shall be clearly communicated that a replacement item is being supplied. The right of withdrawal cannot be excluded for replacement items. The costs of any return shipment shall be borne by the entrepreneur.
The risk of damage to and/or loss of products remains with the entrepreneur until the moment of delivery to the consumer or a representative designated by the consumer and made known to the entrepreneur, unless expressly agreed otherwise.

Article 12 – Continuous Transactions: Duration, Termination and Renewal

1. Termination

The consumer may terminate an agreement concluded for an indefinite period, 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 fixed-term agreement for the regular delivery of products (including electricity) or services at the end of the agreed term, subject to the agreed termination rules and a notice period of no more than one month.

The consumer may terminate the agreements referred to above:

At any time and shall not be limited to termination at a specific time or during a specific period;
At least in the same manner as the agreement was entered into;
With the same notice period as the entrepreneur has stipulated for itself.

2. Renewal

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

By way of exception, a fixed-term agreement for the regular delivery of daily newspapers, newspapers, weekly newspapers, and magazines may be automatically renewed for a period not exceeding three months, provided that the consumer can terminate the renewed agreement at the end of the renewal 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 renewed for an indefinite period if the consumer may terminate it at any time with a notice period of no more than one month, or no more than three months where the agreement concerns the regular delivery of newspapers and magazines less than once per month.

An agreement with a limited duration for the introductory delivery of newspapers and magazines (trial or introductory subscription) shall not be automatically continued and shall end automatically after the trial or introductory period.

3. Duration

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

Article 13 – Payment

Unless otherwise agreed, amounts owed by the consumer must be paid within 7 working days after the commencement of the cooling-off period referred to in Article 6(1).
In the case of a service agreement, this period starts after the consumer has received confirmation of the agreement.
The consumer is obliged to report any inaccuracies in payment details provided or stated without delay to the entrepreneur.
In the event of non-payment by the consumer, the entrepreneur is entitled, subject to legal restrictions, to charge reasonable costs that were communicated to the consumer in advance.

Article 14 – Complaints Procedure

The entrepreneur has a sufficiently publicised complaints procedure and handles complaints in accordance with this procedure.
Complaints regarding the performance of the agreement must be submitted to the entrepreneur within two months after the consumer has identified the defects. Complaints must be submitted fully and clearly described.
Complaints submitted to the entrepreneur shall be answered within 14 days of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur shall respond within 14 days with an acknowledgment of receipt and an indication of when a more detailed response can be expected.
If a complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute resolution procedure.
Consumers should first address complaints directly to the entrepreneur.
A complaint does not suspend the entrepreneur’s obligations unless the entrepreneur states otherwise in writing.
If a complaint is found to be justified, the entrepreneur shall, at its discretion, either replace or repair the delivered products free of charge.

Article 15 – Disputes

All agreements between the entrepreneur and the consumer to which these General Terms and Conditions apply shall be governed exclusively by Dutch law, even if the consumer resides abroad.
The United Nations Convention on Contracts for the International Sale of Goods (CISG), also known as the Vienna Sales Convention, shall 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 manner that they can be stored by the consumer on a durable data carrier in an accessible way.