Terms and Conditions
General Terms and Conditions have been drawn up for the industry of software suppliers.
Registration Chamber of Commerce 74252461
Address Gravin Juliana van Stolberglaan 31
For Belgium +32 3 304 56 31
For the Netherlands +31 70 808 03 74
VAT number: NL859825814B 01
Article 1 – General
The legal relationship between Global Webshops bv trading as SafeOpInternet.eu, (hereinafter VOI), located at Calle Tejeros 4, Malaga, Spain. Registered with the Dutch Chamber of Commerce under number 74252461, and the customer is governed by these general terms and conditions, the specific terms and conditions (including license terms), the order form, the invoices and any special terms and conditions (hereinafter collectively referred to as ‘the Agreement’). The Agreement nullifies and replaces all written or oral contracts, proposals and undertakings relating to the same subject and which would precede the date of this Agreement. The Agreement takes precedence over the general and/or other terms and conditions of the customer, even if these determine that they are the only ones. Deviations from the Agreement are only possible with the prior written consent of VOI reserves the right to change the provisions of the Agreement. Changed provisions are always published in writing via the VOI website and are applicable to the Agreements existing at the time of the change. If the customer does not agree with the change, the customer is entitled to cancel the Agreement in writing and free of charge within 1 (one) month after the change.
Article 2 – Products
The performance of VOI is intended to provide information to the customer via paper carriers, electronic carriers, the internet, or any other carrier or to make software and all associated services available. Hereinafter, the performances are collectively referred to as ‘the Products’. VOI will not be able to provide any information for Products relating to recent developments in certain matters for which no new information is available (eg because there have been no legislative changes with regard to the subject matter). However, this does not release the customer from his payment obligations. Unless otherwise agreed, the customer accepts that the Products are standard products that have not been created specifically for its needs. Accordingly, the customer accepts that VOI makes no warranty and assumes no responsibility with regard to the ability of the Products to meet the customer’s specific needs. VOI takes all reasonable measures to provide the customer with Products that are as complete and correct as possible, but without any guarantee in this regard.
Article 3 – Right of withdrawal for online purchases
If the customer makes a purchase at a distance via the VOI webshop, he has the right to cancel the purchase within the period of 14 (fourteen) days starting on the day after receipt by the customer or a third party designated by him. statement of reasons. If the order consists of several products with different delivery times, the term will commence on the day after receipt of the last product of the order.
If the customer wishes to invoke its right of withdrawal, it must notify VOI in writing within the stated period at
.eu As soon as possible and no later than 14 (fourteen) days after exercising the right of withdrawal, the customer shall return the product (including any accessories), in original packaging and in original condition, to VOI. The shipping costs are borne by the customer. VOI will confirm receipt of the product to the customer and refund or credit the amount (being the price of the product and any delivery costs) within 14 (fourteen) days of receipt.
During the withdrawal period, the customer will only unpack and use the product to the extent necessary to determine the nature, characteristics and functioning of the product and to inspect the product, as the customer would do in a physical store. The customer is liable for any loss of value of the product resulting from the use of the product that falls outside this description.
The right of withdrawal does not apply to online purchases of software by professional customers.
Article 4 – Offers and orders
Commercial documents and offers from VOI are revocable, without obligation and valid during the specified period. If no term is specified, the offer is valid until 30 (thirty) calendar days after the date of issue of the offer. The Agreement between VOI and the customer is only concluded after written or electronic confirmation of the customer’s order by VOI or at the start of execution by VOI.
Article 5 – Purchasing procedures
Placing orders for Products via the customer’s central purchasing procedure is purely for administrative reasons and does not in any way affect the full validity of the Agreement.
Article 6 – Prices and invoicing
In Belgium, the prices of VOI (unless stated otherwise) include VAT and exclude shipping and handling costs.
VOI reserves the right to change prices during the term of the Agreement (a) in the event of an extension of the modalities of the service or Product concerned or (b) if and insofar as the cost of making the Product or service available increases and this is based on ensuring the continuity of the service. If price increases would be implemented for a reason other than the aforementioned and the customer cannot agree to this, the customer will try to resolve this amicably with VOI. If no agreement can be reached, the customer has the option to cancel the Agreement in writing and free of charge at the latest 1 (one) month after this announcement.
VOI reserves the right at all times to use the principle of advance invoicing for all its subscriptions at the sales price applicable at that time. VOI also reserves the right to change the invoicing periodicity, to switch from delivery-based invoicing (= invoice per shipped item) to time-based invoicing (= invoice for a certain period) or vice versa, the principle of grouped invoicing (= invoicing different Agreements by means of one invoice) and, in general, change the invoicing method. Any deviation from the invoicing periodicity established by VOI must be requested in writing by the customer and is only permitted with the express agreement of VOI. Such a deviation may give rise to the charging of an additional cost per invoice to be drawn up.
Article 7 – Payment methods
Unless otherwise stipulated, all invoices are payable within 30 (thirty) calendar days after the date of issue of the invoice. The amount of any invoice not paid in full on the due date will be increased, ipso jure and without prior notice of default, with an interest equal to 1% (one percent) per month, each month commenced being considered to have expired, and a lump-sum payment of amount of 15% (fifteen percent) of the amount of the unpaid invoices, with a minimum of EUR 150.00 (one hundred and fifty euros). In addition, VOI is entitled to charge the costs for notice of default and reminder (hereinafter referred to as ‘reminder costs’). Insofar as the customer fails to pay one or more outstanding claims with regard to VOI, VOI can suspend the execution of its Agreements with the customer until all outstanding accounts have been settled, including the added compensation, late interest and reminder costs.
Invoices may not be transferred or compensated, except with the prior written consent of VOI.
Article 8 – Retention of title – dissolution of the Agreement
All delivered Products remain the property of VOI until full payment of the principal, interest, costs and taxes. As long as VOI has reserved ownership of the Products in accordance with this article, the customer may not dispose of them, either by sale, loan, pledging or in any other way. The customer undertakes to immediately inform VOI in the event that a third party asserts rights to the Products sold but not yet fully paid for. However, the risks are borne by the customer from the moment of leaving VOI’s warehouses. In the event of non-payment or non-compliance with one of the provisions of the Agreement, VOI may proceed to the immediate termination of the Agreement by operation of law and without notice of default, without prejudice to the right to take back the delivered Products and to claim compensation.
Article 9 – Delivery
VOI will take all reasonable measures to deliver the ordered Products on time. If delivery times are stated, these are only indicative and do not constitute an obligation of result on the part of VOI. VOI reserves the right to make partial deliveries. In the event of non-delivery of the Products, any advances paid by the customer will be refunded without interest or other compensation.
Article 10 – Defects
Unless otherwise stipulated, the customer will submit his complaints by registered letter to the customer service of VOI and this (a) in the event of a complaint for visible defects or non-conformity, within 14 (fourteen) calendar days after delivery of the Products, and (b) in the case of hidden defects, within 14 (fourteen) calendar days after the discovery of this defect. Submitting a complaint does not release the customer from his payment obligations. No liability for visible and hidden defects can be withheld on the part of VOI if these terms have expired without receipt of the above-mentioned registered letter. The timely justified complaints of the customer will give rise to the repair or the (full or partial) replacement or addition by VOI, without VOI being furthermore obliged to pay compensation.
Article 11 – Liability
Subject to the explicit obligations entered into by VOI under the Agreement, VOI’s liability is limited to the liability that is mandatory by law. VOI is not liable for indirect damage, such as loss of data, unavailability of data, loss of turnover, loss of profit or any increase in general costs. VOI is also not liable for any damage resulting from non-compliance with this Agreement by the customer, nor is VOI liable for defects that are directly or indirectly caused by an act of the customer or a third party, regardless of whether these are caused by a error or negligence. If VOI’s liability is withheld, VOI is only obliged to replace the Product and, if this is not possible, to refund the price (the annual price in the case of a subscription-related Product).
Article 12 – Cancellation
Except for Products purchased via the webshop, any cancellation of the order by the customer must be made in writing within 14 (fourteen) calendar days after the date of order and the cancellation must be accepted in writing by VOI.
Article 13 – Duration and termination
Unless otherwise stipulated, the duration of an Agreement regarding a subscription-related Product is 1 (one) year. Unless otherwise agreed, the effective date of the Agreement is the date stated as the effective date in the invoice. The Agreement is tacitly renewed for successive periods of 1 (one) year each, unless written notice is given at least 1 (one) month before the expiry of the current contractual period. However, the customer remains obliged to pay the last current contractual period, notwithstanding any written cancellation by VOI or the customer.
Each of the parties has the right to terminate the order or the subscription by registered letter with immediate effect, without notice or compensation being owed and without having to go to court in advance in the event of cessation of payments, bankruptcy, dissolution, voluntary or liquidation of the other party.
Article 14 – Place of jurisdiction and applicable law
The Court of First Instance in The Hague, the Company Court in The Hague, and the Justice of the Peace of the first subdistrict in The Hague have exclusive jurisdiction in any dispute relating to this Agreement and VOI can only be summoned before these courts. The Agreement is governed by Dutch law.
If the customer is a consumer within the meaning of the Economic Law Code, the national competent authority of his choice will be authorized via the ‘Online Dispute Resolution Platform’ https://ec.europa.eu/consumers/odr .
Article 15 – Product changes
VOI reserves the right to change and/or expand the characteristics, working methods, compositions, etc. of the Products (such as but not limited to additions or updates, internet services, or others).
Article 16 – Prohibition of renting or lending
Any rental or loan of the sold Product without the prior written consent of VOI is prohibited. VOI will only grant permission for a rental or loan if the customer can demonstrate that the rental or loan is for educational or cultural, non-commercial purposes and that he has been officially recognized for that purpose by the government. If the customer rents out or lends the Product without the prior written consent of VOI, he shall automatically and without notice of default owe compensation of EUR 250.00 (two hundred and fifty euros) per infringement, without prejudice to VOI’s right to claim higher compensation. or apply additional sanctions.
Article 17 – Intellectual property rights
Subject to legal exceptions, the Products and their contents may not be reproduced, translated, adapted, reproduced or stored in any form or by any means, in whole or in part, nor may the Products and their contents, in whole or in part, be communicated or transmitted be made available to the public in any form or by any means (such as, but not limited to, electronic and mechanical means) without the prior written consent of the rightholder or VOI.
Article 18 – Data protection
The information provided by the customer is included in the VOI file. This data will be used for the purpose of conducting information or promotional campaigns in connection with the Products offered by VOI and/or in the context of the contractual relationship between the customer and VOI. The customer’s contact details can be transferred to third parties (business partners, subsidiaries) for direct marketing purposes with the express consent of the customer. The data will not be used or passed on for these purposes without express permission.
In the context of the contractual relationship between the customer and VOI, the customer’s data will only be processed by VOI and the processors it has appointed, with whom the necessary contractual agreements have been made. VOI will not store the data outside the European Economic Area without informing the customer in advance, including about the appropriate guarantees regarding the transfer and, if necessary, obtaining the customer’s consent for this.
VOI will endeavor to take all reasonable technical and organizational measures to protect and secure the data against accidental or unauthorized destruction, against accidental loss, as well as against the alteration of or access to, and any other unauthorized processing of personal data, taking into account with the state of the art. Data that is no longer necessary or useful will be deleted.
Article 19 – Specific conditions
Certain Products where the information, services, an expert solution or software is made available to the customer, are subject to specific conditions in addition to these general terms and conditions. These specific conditions can be consulted on the VOI website or can be obtained from VOI on simple request. In the event of any conflict between these general terms and conditions and the specific terms and conditions, the latter shall prevail.
Article 20 – Non-transferability
The customer may not transfer the Agreement to a third party without the prior written consent of VOI.
Article 21 – Force majeure
The parties cannot be held liable for delays or defects in the performance of the Agreement if such delays or defects are the result of facts or circumstances beyond the control of one of the parties, which are unforeseeable and which cannot be avoided. (e.g. total or partial stagnation of the transportation equipment, illness among VOI personnel, telecommunications problems, business failure or shortcomings on the part of VOI suppliers). Under penalty of forfeiture, the party wishing to invoke such facts or circumstances is obliged to make these facts or circumstances known in writing to the other party as soon as possible, to make every effort to keep their duration to the strict minimum. and also notify the other party in writing if these facts or circumstances have ended. If these facts or circumstances last longer than 3 (three) months, each party can terminate the Agreement by operation of law and by registered letter without any compensation being owed.
Article 22 – Nullity
The possible invalidity of one of the provisions of the Agreement will in no way affect the validity of the other clauses, despite the invalidity of the disputed clause. The parties shall make every effort, by mutual agreement, to replace the void clause with a valid clause having the same or substantially the same economic impact as the void clause.
Article 23 – Waiver of rights
The failure to claim a right or the failure to apply a sanction by VOI in no way implies a waiver of rights.