General Terms and Conditions

Article 1: Definitions

1. In these general terms and conditions, the following terms are used with the meanings stated below, unless otherwise indicated:
   User: Kantelhekwinkel B.V. with Safety-pallet-gate.com
   Other Party: any legal or natural person who has entered into or wishes to enter into an agreement with the User, including their legal representative(s), authorized agent(s), and heir(s);
   Goods: all devices, tools, and materials offered for sale by the User.

2. Applicability

These general terms and conditions apply to all offers, orders, and agreements between the User and the other party. Deviations from these terms are only valid if agreed upon in writing.

These general terms and conditions also apply to all agreements with the User where third parties need to be involved for execution.

By entering into an agreement with the User, the other party waives the application of any general terms and conditions they may use, whatever they may be called, so that only the User’s general terms and conditions apply.

If one or more provisions of these general terms are found to be null or void, the remaining provisions will remain fully in force. In such a case, the User and the other party will consult to agree on new provisions to replace the void or annulled ones, preserving the purpose and intent of the original provision as much as possible.

3. Offers and Agreements

• All offers by the User are non-binding and subject to availability.
• An agreement is established at the moment the other party places an order via the website and it is confirmed by the User.

4. Execution of the Agreement

The User will execute the agreement to the best of their ability and in accordance with professional standards, based on the current state of science.

If proper execution requires it, the User has the right to outsource certain tasks to third parties.

The other party is responsible for ensuring that all data necessary for executing the agreement is provided to the User on time. If such data is not provided in time, the User has the right to suspend execution and/or charge any additional costs incurred due to the delay to the other party.

The User is not liable for damages caused by relying on incorrect and/or incomplete information provided by the other party, unless the User should have been aware of such inaccuracies.

Changes to the agreement and/or additional arrangements are only valid if confirmed in writing by the User. If changes lead to increased costs, the User is entitled to charge these to the other party.

5. Prices and Payment

• All prices are in euros and exclude VAT, unless stated otherwise.
• VAT and any government-imposed charges related to the agreement are borne by the other party. If such charges change, the agreed price will be adjusted accordingly.
• In the event of significant changes in wages, social charges, fuel and shipping prices, currency exchange rates, or other cost-affecting factors, the User is entitled to pass on the cost increase to the other party.
• Payment must be made via the payment methods offered on the website.
• The User reserves the right to change prices.

6. Delivery and Transfer of Risk

• Delivery takes place at the address provided by the other party.
• The delivery time is approximate. It starts once the User has confirmed the order in writing and has received all necessary information from the other party.
• The delivery time is based on the assumption that the User can work under the same conditions as when the offer was made and that materials are delivered on time. Except in cases of intent or gross negligence, exceeding the delivery time does not entitle the other party to dissolve the agreement or claim damages.
• If the agreement is amended, the completion time may change. The User will inform the other party as soon as possible.
• Delivery is ex-warehouse, unless otherwise agreed in writing.
• Transport damage: The User is not responsible for damage incurred during transport. The other party must inspect for visible damage upon receipt and report it immediately to the carrier.
• If the other party is unable to receive the goods at the agreed time and they are ready for shipment, the User may store them for a maximum of one month if storage is possible. The other party must reimburse the storage costs for this period, starting from the expected delivery date until the actual delivery.

7. Cancellation

• Termination or cancellation by the other party is only possible with the User’s consent.
• If the User consents, the other party must reimburse any costs incurred by the User and any financial losses resulting from the cancellation. These costs will be at least 10% of the agreed price.

8. Returns

• Return conditions:
  • Returns are only accepted if the product is undamaged.
  • The product must be returned in the original, undamaged packaging.
  • The product must be delivered back to our warehouse in undamaged condition.
  • The product must be in resalable condition.
• The other party must contact us within 5 working days after receipt via info@safety-pallet-gate.com.
• Returns that do not meet these conditions will not be accepted.

9. Warranty

• The statutory warranty applies to the User’s products.
• If goods have been partially or fully used or processed, they are deemed to be approved by the other party.
• Any modifications made to the goods by the other party are at their own risk and void the above warranty provision.

10. Liability

• The User is not liable for any direct or indirect damage suffered by the other party or third parties resulting from the execution of the agreement, unless it is due to intent or gross negligence on the part of the User.
• The User’s liability is limited to the amount covered by their liability insurance, plus any deductible under that policy.
• If no insurance payout is made for any reason, liability is limited to the amount invoiced to the other party for the relevant delivery.

11. Retention of Title

All delivered products remain the property of the User until the other party has fulfilled all their payment obligations.

12. Force Majeure

If the User is unable to deliver or meet obligations due to force majeure, they may suspend performance for up to three months or dissolve the agreement entirely, without being liable for any damages. During suspension, the User can choose to resume or dissolve the agreement after three months.

Force majeure includes, but is not limited to: fire, theft, war, riots, strikes, company disruptions, severe weather, delayed material supply, government interference, and any event beyond the User’s control that hinders execution of the agreement.

13. Contact

For questions or comments, contact us exclusively via email at: info@safety-pallet-gate.com.

14. Applicable Law and Disputes

• All legal relationships involving the User are governed exclusively by Dutch law.
• Disputes will be submitted to the competent court in the Netherlands.