Terms and conditions

Index

Article 1:           Definitions

Article 2:           Application

Article 3:           General terms of purchase

Article 4:           User agreement Isurvive.nl/.eu

Article 5:           Bids

Article 6:           Quotes

Article 7:           Creation of the contract

Article 8:           Canceling an contract regarding remote purchases

Article 9:           Creation of an order

Article 10:         Altering an order

Article 11:         Canceling an order

Article 12:         Guarantees

Article 13:         Delivery to user

Article 14:         Service / product on location

Article 15:         Sub-contracting

Article 16:         Additional costs

Article 17:         Company personnel

Article 18:         Payment

Article 19:         Default, legal and extralegal costs

Article 20:         Dissolving the contract

Article 21:         Life of the contract

Article 22:         Suspending, discontinuing and dissolving

Article 23:         Rights retained

Article 24:         Limited liability

Article 25:         Defects

Article 26:         Force majeure

Article 27:         Intellectual property

Article 28:         Secrecy requirement

Article 29:         Complaints

Article 30:         Applicable law

Article 31:         Disclaimer regarding website contents
 

Article 1: Definitions

In these terms & conditions the following are defined as:

Section 1 The company: 
Isurvive, headquartered in Maarheeze, registered under number 53163079 in the trade register of the Chamber of Commerce of Eindhoven

Section 2 The user: 
The person, natural or legal, who makes use of the services offered by the company.

Section 3 The visitor:
The person, natural or legal, who visits the site of the intermediary but has no account, and is therefore not a user.

Section 4 The services: 
The offering of advice regarding survival/emergency packs and/or fire safety. The offering of products related to survival/emergency situations and/or fire prevention. These services may be offered on location as well as remotely.

Section 5 The products: 
The physical objects provided by the company for the use of the user, as well as advice or any other intellectual properties.

Section 6 In writing:
If the identity and source of an electronic communication may be clearly determined by the intermediary, this term is defined the same as if the term 'in writing' were to be used in its general meaning.

Section 7 Business user:
The person, natural or legal, acting in the capacity of his/her profession or business.

Section 8 Urgent delivery:
The delivery dispatched under the user's request that the delivery be treated as urgent, or other words to that effect.

Section 9 Packaging:
All forms of packaging which are necessary to deliver the product.

Section 10 Order:
A request from the user for the company to provide a personal, specific, custom designed service, on location or remotely, as well as the production of a personal, specific, custom designed physical object for the customer's use and/or the offering of advice or other intellectual properties.

Section 11 contract:
The contract between the company and the user regarding a service, product or order. This shall be created in writing.

Article 2: Application

Section 1 These terms & conditions apply to all services offered by the company.

Section 2 Section 1 may only be waived if an explicit agreement to do so is made in writing.

Section 3 If a written contract has waived any part of these terms & conditions, this must be explicitly stated in the contract.

Section 4 The burden of proof regarding sections 2 and 3 always rests with the user.

Section 5 If these terms & conditions are in conflict with the written contract between the company and the user, said terms & conditions take precedence.

Section 6 The user will be given the opportunity in advance, by electronic means, to study these terms & conditions.

Section 7 The user may make use of the company's services after agreeing to these terms & conditions.

Section 8 The user's agreement, required by Section 7, will be assumed by the company to have been given if the user makes use of the company's services after having been given the opportunity to study these terms & conditions.

Section 9 The intermediary reserves the right to alter these terms & conditions at any time. Alterations will only take effect after the intermediary has placed the new terms & conditions on the website.

Section 10 The user retains the right to cancel any contract which was created before a change in the terms & conditions within one month after the altered terms & conditions take effect. The user must inform the company of their wish to cancel the contract in writing within  the one month period.

Article 3: General terms of purchase

Section 1 If the user is a business user, the company must have agreed in writing to the terms & conditions of the supplier.

Section 2 If the company did not agree in writing to the terms & conditions of the business supplier, or if such are in conflict with these terms & conditions, these terms & conditions take precedence.

Article 4: User agreement Isurvive.nl/.eu

Section 1 To make use of the services of the company, the visitor must create an account on the Isurvive website. Hereafter the visitor is considered a user.

Section 2 The user may only create one account.

Section 3 When a double account is discovered, the company will block the user's IP address to prevent them from making any further use of the company's services.

Section 4 When creating his or her account, the user must keep his or her own record of the user name and password.

Section 5 The supplier may not be held responsible for the consequences if the information referred to in section 4, through no fault of the company, becomes known to any third party, or if the user has  knowingly or intentionally treated the information with carelessness or recklessness.

Section 6 Upon discovery of a situation as described in Section 5, the user must make said situation known to the company so as to limit any possible damages.

Section 7 The account created by the user is personal and may not be used by third parties, with or without the user's permission.

Section 8 In creating the account, the user must provide the company with the following information:

  • his or her full name, including first names, nickname and last name;
  • his or her address;
  • his or her date of birth;
  • his or her e-mail address;
  • his or her telephone number;
  • his or her Dutch bank account number

Section 9 The company hereby declares to take all care that the information provided will be used only for the purpose of determining the user's identity. This information will never be used for other commercial purposes.

Section 10 The company reserves the right to suspend or cancel an account at any time without providing reasons.

Section 11 The user is responsible for informing the company of any changes in his or her information, such as the e-mail address or the delivery address, in a timely fashion. 

Section 12 A timely fashion, as referred to in Section 11, is defined as no later than 48 hours before the provided time of delivery.

Section 13 If the user has failed to inform the company of such changes in a timely fashion, the user is responsible for paying any extra shipping costs.

Article 5: Bids

Section 1 The company offers its services on its website or by provision of a bid at the request of the user.

Section 2 In order to accept a bid on the company's website, one must be a user.

Section 3 The company will take all care that the bid includes a complete and accurate description. Said description will include all information which is necessary for the user to be able to properly judge whether or not to accept the bid.

Section 4 The shipping costs will be made known to the user by the company prior to the user accepting the bid.

Section 5 The company and the user are solely bound by what is written in the bid, as well as these terms & conditions.

Article 6: Quotes

Section 1 Quotes provided by the company are without obligation.

Section 2 Unless otherwise explicitly stated in writing, all quotes made are valid for no more than four weeks. After this period of time, the company reserves the right to raise the quote by at least 10%.

Section 3 If, during the period of time referred to in Section 2, unforeseeable changes occur regarding the work to be performed, the company reserves the right to alter the quote.

Section 4 The prices stated on the bill and the quote are always inclusive VAT and exclusive other government taxes or fees.

Section 5 Unless otherwise explicitly agreed in writing, the user may not use prices or offers  stated on previous quotes as a basis to claim similar prices or offers for future orders.

Section 6 If the company decides to alter the quote on grounds such as referred to in Section 3, it must inform the user of this as soon as possible.

Section 7 The user accepts the risk inherent in the fact that a quote is simply an estimate of price. Added costs up to 15% above this estimate need not be reported to the user.

Section 8 The user accepts the risk that the price estimate may be raised by changes in the terms of purchase of third parties, including the company's suppliers, who are necessary to complete the job.

Section 9 If the terms of purchase of third parties, as referred to in Section 8, conflict with the  terms & conditions, said terms & conditions take precedence.

Article 7: Creation of the contract

Section 1 The contract is created when the bid is accepted.

Section 2 The bid must be accepted in writing.

Section 3 At the time the bid is accepted, both the user and the company must have been informed of their rights and responsibilities.

Article 8: Canceling the contract regarding remote purchases

Section 1  A non business user, in accordance with the legally required cooling off period as set out in Article 46d, Section 1, Book 7 of the Civil Law Code, has a cooling off period of 14 days from the date of acceptance. This period begins on the day after the service is received. 

Without giving any reason, you have the right to cancel your order within 14 days after receiving. After cancelling the order, you will have an additional 14 days to return the products to iSurvive®. After receiving your return order, you will be credited the full order amount, including the original shipping costs. You will only have to pay for the return shipping costs. If you use your right of withdrawal, you will have to return the product with all its accessories and - if reasonably possible - in its original condition and packaging. To use the right of withdrawal, please contact us at; contact@isurvive.nl. We will provide you the order amount due within 14 days after notification of your return refund.

Section 2 A non business user may, within the period set out in Section 1, request that the company cancel the contract without providing any reasons thereto. The company, in accordance with Article 46d, Section 2, Book 7 of the Civil Law Code, will charge no fees for this cancellation.

Section 3 A business user has a cooling off period of 24 hours after accepting the bid.

Section 4 If the business user has requested an urgent delivery, the cooling off period set out in Section 3 does not apply.

Section 5 During the cooling off period, the user must treat the product provided by the company as well as the packaging thereof with all due care.

Section 6 If the user invokes the cooling off period, the complete and intact product, including any accessories and packaging, must be returned to the company in their original state within 10 working days after the creation of the contract, in accordance with the instructions provided by the company.

Section 7 If the user invokes the cooling off period, it is the user's responsibility to pay all shipping costs for both the original delivery and the return shipping.

Section 8 In accordance with article 46d, Section 4, Book 7 of the Civil Law Code, the user may not dissolve the contract when:

  • the price of the product is tied to fluctuations on the financial market over which the intermediary has no influence;
  • the product has been made to the user's own specifications;
  • the product is clearly personal in nature;
  • the product, by its nature, cannot be returned;
  • the product can wear quickly;
  • in the case of audio and video recordings and computer programs, when the user has broken the packaging seal.

Article 9: Creation of an order

Section 1 The user must confirm his or her order in writing.

Section 2 After the company has received the order confirmation, the user is bound to the contract and required to pay damages if he or she chooses to dissolve or cancel the contract prematurely.

Section 3 The company must accept the order confirmation in writing.

Section 4 The company is bound to the contract from the moment that it has accepted the order.

Section 5 The company reserves the right to reject an order, without providing any reasons thereto.

Section 6 The company is not bound to verbal contracts if these have not been confirmed by the company in writing.

Article 10 : Altering an order

Section 1 If the user wishes to alter an order after it has been confirmed, he or she must inform the company of this in writing in a timely fashion.

Section 2 The company must accept the altered order in writing. The altered order will only take effect after it has done so.

Section 3 The user is responsible for all extra costs required by his or her requested alterations.

Section 4 The user accepts the risk that altering an order may result in the postponement of the agreed upon date of delivery.

Section 5 The user indemnifies the company from all liability or any damages the user may suffer as a result of a later delivery date required by alterations in the order.

Article 11: Canceling the order

Section 1 If the order is canceled by the user, the company will charge the user for all costs already made, including man hours, plus a cancellation fee of 20% of that amount.

Section 2 Any cancellation costs charged to the company, as a result of the user's cancellation, by third parties who have been contracted by the company to work on the order, are the responsibility of the user.

Section 3 If the services or products were created to the user's own specifications, are of a personal nature and, by their nature, cannot be canceled, the company will charge the user for the full amount of the quote.

Section 4 If the services or products provided by third parties under contract by the company are of the same nature as described in Section 3, the company will also charge the user in full for the cost of said services or products.

Article 12: Guarantee

Section 1 The company guarantees that the product will perform as described in the bid.

Section 2 If the product does not perform as described in the bid, the company will pay all shipping costs for both the original delivery and the return shipping.

Section 3 The warranty on a delivered product is the same as the factory warranty.

Section 4 If the legally required warranty lasts longer than the period set out in Section 3, the legal period takes precedence.

Section 5 The warranty on a service provided is stated on the invoice and applies for a period that is no shorter than the period of the legal warranty.

Section 6 The warranty on any product or service is null and void if the user uses the product in a manner that does not conform to the product instructions.

Section 7 If the user, or third parties acting with the user's permission, performs any manner of repair,  attempted repair, or dismantling of the product, or any similar act, without the company's permission, the warranty is null and void.

Section 8 If investigation shows that the user has violated the provision in Section 7, the user will be responsible for the costs of the investigation, as well as damages for any theft of intellectual property.

Section 9 Certain services and/or products have a limited shelf life. It is the user's responsibility to check that the product may still be safely used before using it.

Section 10 The company will clearly state on the product and/or service when it may be used.

Section 11 Both the warranty and any liability on the part of the company are null and void if the user acts in a manner contrary to Section 9.

Article 13: Delivery to user

Section 1 The delivery will be made in accordance with the date of delivery stated in the bid.

Section 2 The provision in Section 1 may only be waived in writing.

Section 3 The delivery will be made by means of registered mail.

Section 4 From the moment that the service and/or product is under the user's control, the user bears the risk of loss, devaluation or damage.

Article 14: Service/product on location

Section 1 At the user's request it is possible that the service, or the production of physical objects provided by the company or the use of the user, as well as advice or any other intellectual properties, be done on location.

Section 2 If the request set out in Section 1 is accepted through the procedure set out in Article 9 of these terms & conditions, it is the user's responsibility to guarantee that the contractor is given permission to enter the location.

Section 3 If the company suffers damages as a result of the contractor not being given permission to enter in a timely fashion, the user will be liable for said damages.

Section 4 The company is not liable for any damages to personal property, including that of third parties, caused during the provision of the service or the production of the physical objects, advice or other intellectual properties on location, unless said damages were caused intentionally or through gross negligence.

Article 15 : Sub-contracting

Section 1 Any quotes provided by third parties, whether requested by the user or not, are simply estimates of price.

Section 2 If the company sub-contracts a part or the whole of the order to third parties at its own risk, the terms & conditions of said third parties do not apply to the user.

Section 3 If the company, at the request of the user, sub-contracts a part or the whole of the order to third parties, the terms & conditions of said third parties also apply to the user.

Article 16: Additional costs

Section 1 Any additional costs made in the interest of completing the user's order, will be the responsibility of the user.

Section 2 The provision in Section 1 may only be waived if this is explicitly agreed to in writing.

Section 3 Any additional costs resulting from a failure to deliver in a timely fashion full and complete information and/or materials which according to the company is/are necessary to complete the order, will be the responsibility of the user.

Section 4 Any extra man hours the company is forced to use as a result of such a failure as described in Section 3, will be the responsibility of the user calculated on the basis of the company's usual hourly rate.

Section 5 If the company finds it necessary to contract a third party, such as an accountant, to review the order, and the result reveals a discrepancy of more than 2% or 100 euros from the user's records, the user will be responsible for the costs of the review.

Article 17: Company personnel

Section 1 Personnel in the service of the company may not enter the service of the user within one year after the delivery of the service and/or product.

Section 2 The provision in Section 1 may only be waived in writing.

Section 3 All damages resulting from a violation of the provision in Section 1 will be the responsibility of the user, including no less than the gross annual salary of the employee in question.

Article 18: Payment

Section 1 If the contract was not made in person, but by remote purchase, the user must pay in full immediately, using IDEAL.

Section 2 If the contract concerns a service, the payment must be made within 14 days after receipt of the service, to an account specified by the company.

Section 3 All costs required to collect any money owed to the company will be the responsibility of the user.

Article 19: Default, legal and extralegal costs

Section 1 For every letter of reminder, letter of formal notice and/or notice to pay, the company will charge a fee of no less than 100 euros plus VAT.

Section 2 If the user fails to complete the payment within the time period set in Article 17, Sections 1 and 2, the company will list the user as failing to fulfill obligations. After a period of such,  the user will be considered legally in default

Section 3 From the moment the user is legally in default, the legal interest plus 2% begins to accumulate.

Section 4 Process fees like repossession costs, collection costs, extralegal costs and legal costs resulting from the user's defaulting will be the responsibility of the user.

Section 5 The extralegal costs are set at no less than 20% of the order, with a minimum of 350.- euros excluding VAT.

Article 20: Dissolving the contract

Section 1 The company and the user reserve the right to dissolve the contract with regard to the order if:

  • the other party does not live up to the contract;
  • the other party behaves in such a manner that the order cannot reasonably be completed;
  • the other party requests a suspension of payments or declares bankruptcy;

Section 2 If the contract is dissolved, the user owes the company at least 50% of the agreed price. If the costs already made, including man hours, amount to more than 50% of the agreed price, these costs take precedence.

Section 3 All extralegal costs and legal costs the company makes as a result of the dissolution are the responsibility of the user.

Section 4 The company may only be considered in default in regards to orders for which the user can provide evidence of the default.

Section 5 In regards to all other orders, including parts of orders, for which the user cannot provide evidence that the company is in default, the user must pay fulfill all required payments. These are claimable directly following the dissolution.

Article 21: Life of the contract

Section 1 Unless otherwise explicitly agreed, the contract will be made for a specific time period.

Section 2 Discontinuing the contract must be done by means of a registered letter.

Section 3 The cancellation period is three months.

Article 22: Suspending, discontinuing and dissolution

Section 1 If the user does not fulfill the payment requirements or defaults, the company has the right to suspend or discontinue any further fulfillment of the order, or to request a bank guarantee.

Section 2 If the user does not meet his or her obligations to the company, the company has the right to dissolve all existing contracts between the user and the company without any court decision.

Section 3 From the moment that the user or the company requests a suspension of payments or files for bankruptcy, all contracts between parties should be considered to have been dissolved one day earlier, and open obligations, like invoices, shall be claimable directly for both parties

Section 4 The party who dissolves, discontinues or suspends the contract is liable for the consequences thereof in the broadest sense, unless said party could not reasonably be required to do otherwise.

Section 5 The company has the right, in case of suspension, discontinuation or dissolution, to claim damages for the costs, interests and lost profit resulting from the user's payment default.

Article 23: Retained ownership

The company retains ownership of all services and/or products delivered until the user has met all of his or her obligations.

Article 24: Limited liability

Section 1 The company is not liable for any damage resulting from a mistake or failure on the part of the user, the user's materials or any third parties working on behalf of the user:

  • if the damage can be traced to a misunderstanding resulting from a message, manual provided by or instructions made by the user or by third parties working on behalf of the user;
  • If the damage is a result of an alteration in the quote, price lists or billing of suppliers or the company;
  • If the mistake or failure may have been prevented by the use of precautionary measures offered to the user, and the user did not make use of said measures.

Section 2 The company is not liable for indirect damages resulting from a shortcoming on the part of the company, such as consequential damages, lost profits, damaged or lost information or materials or business stagnation.

Section 3 The liability of the company is limited to the following damages, if said damages can be considered to have been caused by the company:

  • reasonable costs of investigating the cause and size of damages caused by the company;
  • reasonable restoration costs resulting from poor quality work on the part of the company;
  • costs resulting from the obligation to limit damages on the part of the user;

Section 4 Twelve months after the occurrence of damages caused by the company, the company's liability is null and void.

Section 5 This Article may only be waived, in whole or in part, in writing, or by law.

Article 25: Defects

Section 1 The user must inform the company of any visible defect in writing within two months after delivery.

Section 2 The user must inform the company of any invisible defect in writing within two months after discovering the defect.

Section 3 The discovery referred to in Section 2 is defined as the earliest moment at which the user could reasonably have been expected to discover the existence of the invisible defect.

Section 4 If the defect in the work provided, in comparison to the original model, design, prototype or drawing, is of negligible importance, the user cannot reject the work, dissolve the contract or claim any damages.

Section 5 If the user has any complaint about an invoice, he or she must report this to the company in writing within eight days after the date on the invoice. This in no way suspends the user's obligation to pay the invoice.

Section 6 If a previously referred to time limit has passed, this may not be used as grounds for appeal by the user, and the company carries no liability for any resulting damages.

Section 7 In case of conflicting information in the records of the user and those of the company, the records of the company take precedence.

Article 26: Force Majeure

Section 1 Force majeure is defined as an unforeseeable circumstance which, through no fault of the company's, prevents the company in whole or in part from completing the work to standard or in a timely fashion.

Section 2 The company may dissolve the contract if a force majeure exists on the company's part.

Section 3 Section 2 also applies if a force majeure exists on the part of suppliers or third parties hired by the company to perform the work and/or service in whole or in part.

Section 4 The company is not liable for damages resulting from force majeure unless there is evidence of gross negligence or recklessness.

Article 27: Intellectual property

Section 1 All intellectual property rights created during the contract belong to the company.

Section 2 Said intellectual property rights include, among other things, all rights in regards to copyright, and patent rights, including design patent rights.

Section 3 The works/items to which Section 1 applies are, among other things, designs, design sketches, illustrations, molds, models, scale models, plans, materials, blueprints and prototypes.

Section 4 Only the company is authorized to legally register or license those rights referred to in Section 2.

Section 5 The user indemnifies the company from all claims by third parties and the user to intellectual property rights regarding such user provided items as referred to in Section 3.

Section 6 The costs of investigating the intellectual property rights for items provided by the user are the responsibility of the user.

Section 7 Neither party is required to store said items for the length of the order, after fulfillment of the order, nor after the contract is discontinued.

Section 8 The above sections may only be waived if this is agreed in writing.

Article 28: Secrecy requirement

Parties are required to keep secret all confidential information learned before, during and after the contract.

Article 29: Complaints

Section 1 If the user has a complaint in regards to the contract between the user and the company, the user must make said complaint known to the company in writing, clearly written and in detail, within 30 days after the creation of the contract.

Section 2 The company will strive to answer the complaint in writing within 15 days after receipt of the written complaint.

Article 30: Applicable law

Section 1 The law of the Netherlands takes precedence in both national and international disputes.

Section 2 The judge who is qualified to rule in the region where the company is headquartered is qualified to rule on disputes between parties.

Section 3 Section 2 applies equally to international parties.

Article 31: Disclaimer

Section 1 The company has put all possible care into the creation of this website. The copyright and all other (intellectual property) rights regarding (the content of) this website, including software, audio, video, text and images belong to the company or its licensers.

Section 2 Contents of the website: The contents of www.isurvive.nl/.eu have been created with all possible care. Although the company strives to offer accurate, complete and current information from trustworthy sources, the company does not implicitly or explicitly provide any guarantee that the information provided on this website is accurate, complete or current. Decisions made on the basis of this information are made at your own risk.

Section 3 The company does not guarantee that this internet site will always function without problems or interruptions.

Section 4 Information from third parties, products and services: When the company provides hyperlinks to other internet sites (of third parties), this does not mean that the company recommends the products or services or guarantees the accuracy of the information on these websites. The use of such hyperlinks is entirely at your own risk. The company accepts no responsibility or liability regarding the contents, use or availability of such internet sites. The truthfulness, accuracy, reasonable nature, trustworthiness and completeness of information on such websites is not verified by the company.

Section 5 Links: Links to the company's sites may not be provided without prior written permission from the company.

Section 6 Exclusion of liability: Isurvive does not hold any liability regarding direct, indirect, exceptional, incidental, immaterial or consequential damage, regardless of whether Isurvive was or was not aware of the possibility of such damages, which in any way results from, but is not limited to (I) defects, viruses or other faults of equipment or other software in regards to the access to and use of this internet site, (ii) the information that is provided on this internet site, (iii) the interception, alteration or improper use of information being transmitted to Isurvive or to you, (iv) the operation or unavailability of this website, (v) misuse of this internet site, (vi) loss of information, (vii) the downloading or use of software provided through this internet site, (viii) claims of third parties regarding the use of this internet site.

Section 7 The exclusion of liability is extended also to the managers and employees of the company.

Section 8 Applicable law: The laws of the Netherlands apply to this internet site and this disclaimer.

Section 9 Alterations: The company reserves the right to alter any and all information offered on or through this website, including the text of this disclaimer, at any time without any further notification. The company recommends users check periodically if the information offered on or through this website, including the text of this disclaimer, has been altered.ion 6 Exclusion of liability: Isurvive does not hold any liability regarding direct, indirect, exceptional, incidental, immaterial or consequential damage, regardless of whether Isurvive was or was not aware of the possibility of such damages, which in any way results from, but is not limited to (I) defects, viruses or other faults of equipment or other software in regards to the access to and use of this internet site, (ii) the information that is provided on this internet site, (iii) the interception, alteration or improper use of information being transmitted to Isurvive or to you, (iv) the operation or unavailability of this website, (v) misuse of this internet site, (vi) loss of information, (vii) the downloading or use of software provided through this internet site, (viii) claims of third parties regarding the use of this internet site.

Section 7 The exclusion of liability is extended also to the managers and employees of the company.

Section 8 Applicable law: The laws of the Netherlands apply to this internet site and this disclaimer.

Section 9 Alterations: The company reserves the right to alter any and all information offered on or through this website, including the text of this disclaimer, at any time without any further notification. The company recommends users check periodically if the information offered on or through this website, including the text of this disclaimer, has been altered.