General terms and conditions
1. General
The website Amicimi is owned and operated by Punfyre BV, with registered office located at Vlamingstraat 4, 8560 Wevelgem (Belgium) and with company number 0749.930.853.
For any questions relating to these terms and conditions of Amicimi, use the following e- mail address: info@amicimi.com.
These general terms and conditions constitute an agreement that is binding for all parties, on the one hand Amicimi and on the other hand the customer. It is recommended that the customer reads these terms and conditions carefully before establishing a purchase through the Amicimi website.
2. Definitions
“Subscription” is (i) the agreement entered into between Punfyre BV and the customer or (ii) any other written agreement entered into between Punfyre BV and the customer in relation to Amicimi’s products and/or services.
“Amicimi services” are the alarm function services offered by Punfyre BV to registered customers via the Amicimi alarm button and the Amicimi app.
“Person involved” is the customer whose personal data are processed by Punfyre BV in the context of the Amicimi website, products and/or services.
“Withdrawal period” is the period within which the customer can exercise their right of withdrawal.
“Third party” is any natural person or legal entity that does not have the capacity of customer, representative of Punfyre BV or person involved.
“Registered customer” is the natural person who is registered through Amicimi’s app to use Amicimi’s alarm button with associated services.
“Intellectual property rights” are any now known or later additional (i) copyright, related rights and moral rights, (ii) trademark or service mark rights, (iii) trade secret right, know-how, expertise, (iv) patents, patent rights and industrial property rights, (v) “Subscription” is (i) the agreement entered into between Punfyre BV and the customer or (ii) any other written agreement concluded between Punfyre BV and the customer regarding the products and/or services database rights, rental rights and all other industrial and intellectual property rights or layout design rights, design rights, (vi) additional protection certificates (vii) trade and business names, domain names, similar rights (whether registered or not); (viii) all registrations, applications for registration, renewals, extensions, subdivisions, improvements or reissues relating to such rights and the right to apply, maintain and enforce any of the aforementioned, in any case and in any jurisdiction worldwide, for so long as such protection is in force.
“Customer” is the natural or legal person who has purchased an alarm button with associated subscription services from Amicimi.
“Personal data” is any information about an identified or identifiable person. “Privacy Statement” is the privacy statement of Amicimi.
“Amicimi products” are the Amicimi alarm button and the Amicimi application which are sold to the customer by Punfyre BV through the Amicimi website.
“Securitas Alert Services” is a recognised security company and/or licensed security company within the meaning of the Law of 10 April 1990 regulating private and special security and it provides services to the client in that capacity. For Belgium: Securitas Alert Services SA with registered office at 1120 Brussels, Sint-Lendriksborre 3 and with company number 0461.363.870. For the Netherlands: Securitas Alert Services BV with registered office at Spaarpot 121, 5667 KW Geldrop, the Netherlands and with KvK number 17056964.
“Distance sale” means the sales agreement concluded between Punfyre BV and the customer in the context of an organised system for distance selling of a product or service without simultaneous personal presence of Punfyre BV and the customer and where, up to and including the moment of the conclusion of the agreement, exclusive use is made of one or more means of distance communication
3. Object and objectives
3.1
These general terms and conditions apply to every product and service offered on the Amicimi website, to every offer and purchase order for those products and services and to all deliveries thereof. Any purchase order that comes about implies acceptance of the general terms and conditions.
3.2
The terms and conditions can be accessed at any time on Amicimi’s website.
4. Registration
For some Amicimi services, the (registered) customer is invited to provide personal data. The customer expressly agrees:
(i) to provide true, accurate, current and complete information about himself as requested on the registration form; and
(ii) to immediately and spontaneously update this information in the event of any changes.
(iii) Punfyre BV reserves the right, where it has reasonable suspicions that the information provided is inaccurate, incomplete or outdated, to suspend or refuse registration and/or the service requested.
5. Purchase and subscription conditions
5.1
Punfyre BV’s Amicimi products and Amicimi services are offered for sale in the webshop of the Amicimi website. The customer can choose between a “Buddy” subscription or a “Plus” subscription.
5.2
The prices for Amicimi products and Amicimi services offered for sale in the webshop of the Amicimi website include VAT.
The prices indicated on Amicimi’s website do not include shipping costs. The calculation of shipping costs can be consulted on the website at any time. All other taxes and duties of any kind relating to the Amicimi products to be delivered or their transportation, including new taxes and duties that would be introduced after the conclusion of the Agreement, will be borne in full by the customer.
5.3
Subscriptions are purchased for a specified duration of one (1) year. Subscriptions are paid in advance for their entire duration. A subscription comes into effect automatically upon receipt of payment to Punfyre BV by the customer.
If the customer wishes to terminate the subscription before the expiry of its term, the customer will owe Punfyre BV a termination fee corresponding to the amount due up to the expiry date of the subscription term. Given that the fees for the Amicimi products and Amicimi services have already been paid by the customer to Punfyre BV prior to their delivery and commencement, these fees are in that case definitively acquired by Punfyre BV without Punfyre BV still having to provide Amicimi products and/or Amicimi services to the customer.
After the expiry of the first subscription year, the subscription regarding the Amicimi Services will be tacitly renewed for an indefinite duration, unless the customer cancels the subscription by registered letter addressed to Punfyre BV at the latest one (1) month before the expiry of this first subscription year. After the tacit renewal of the subscription, the customer may cancel the subscription regarding the Amicimi Services at any time by registered letter addressed to Punfyre BV subject to respecting a notice period of two (2) months. The notice period commences on the first day of the month following the month in which the notice was given.
5.4
Punfyre BV reserves the right to unilaterally change the prices and offers of Amicimi products and Amicimi services at any time. The new price and/or offer will be notified to the customer in writing at least one (1) month before it takes effect. If the customer does not accept the new price and/or the new offer, then that customer has the option to terminate the subscription by registered letter addressed to Punfyre BV. If Punfyre BV has not received this notice of termination (on time), the customer is deemed to agree to the new price and/or the new offer.
6. Payments
6.1
Unless expressly stated otherwise in a specific sales offer, the cost of the first purchase of Amicimi products and Amicimi services (incl. first subscription year) is paid by the customer via an online payment. For online payment, the customer is redirected to the payment platform Mollie. By using this service, the customer agrees to Mollie’s Terms and Conditions. Consult Mollie’s terms and conditions here.
If during the online purchase process the price to be paid cannot be deducted from the customer’s account (insufficient balance, wrong account number, technical problems, …), the purchase-sale of Amicimi products and/or Amicimi services will be deemed not to take place.
Offering the payment options does not imply any liability on the part of Punfyre BV that the payment system would be without faults, interruptions or errors. Punfyre BV will not be liable for any damages, direct or indirect, due to the execution of a payment.
6.2
After the tacit renewal of the subscription for the Amicimi services, the customer will receive an annual invoice from Punfyre BV. Amicimi services are provided only upon receipt of payment of each annual invoice. The customer acknowledges and accepts that in the absence of timely payment, the Amicimi services will be suspended and this without prior notice of default and without compensation in favour of the customer.
6.3
Unpaid amounts and/or invoices on the due date shall, ipso jure and without prior notice of default, carry an interest on arrears of 12% per annum on the unpaid amount from the due date. A lump-sum compensation in the amount of 10% of the outstanding amount (with a minimum of €50) is also due by operation of law and without prior notice of default as a compensation clause, without prejudice to Punfyre BV’s right to claim a higher compensation if the actual damage suffered is higher.
6.4
Any costs and/or fines associated with the intervention of third parties, such as the police, the fire brigade, an ambulance, etc. (non-exhaustive list) as a result of the use of the Amicimi services (including the Amicimi alarm button) are always borne by the registered customer and cannot be recovered from Punfyre BV or Securitas Alert Services.
7. Delivery and delivery times of Amicimi products and Amicimi services
7.1
When selling remotely, Punfyre BV undertakes to deliver the Amicimi products (i.e. the Amicimi alarm button with personal code) to the customer’s address. Delivery times on the website www.amicimi.com are indicative only; they are approximate and are not strict deadlines. Amicimi products will only be delivered by Punfyre BV to the customer upon receipt of payment in accordance with Article 6 of these general terms and conditions.
7.2
If the scheduled delivery date is exceeded due to an error by Punfyre BV, the customer may, without judicial intervention and with simple notification to Punfyre BV (by e-mail: info@amicimi.com), cancel the order free of charge, provided that the Amicimi product ordered has not yet been shipped by Punfyre BV to the customer. The customer will then be refunded by Punfyre BV for the amounts already paid within thirty (30) days.
7.3
If an order cannot be delivered to the address provided by the customer, Punfyre BV reserves the right to terminate the agreement by operation of law, without prejudice to its other rights under the agreement and the law. Punfyre BV will notify the customer of the termination of the Agreement.
7.4
The risk concerning the Amicimi products (i.e. the Amicimi alarm button with personal code) is transferred to the customer from the moment of their delivery to the customer or their collection by the customer. From then on, the customer bears the risk of loss theft and partial or total destruction of the Amicimi products. Ownership regarding the Amicimi products is only transferred from Punfyre BV to the customer from the full payment of the price by the customer.
7.5
The customer agrees to take immediate possession of the sold good upon delivery and to examine whether the quality of the delivered good corresponds to what was agreed. Any visible defects concerning the delivered good must be reported in writing to Punfyre BV immediately and no later than 48 hours after delivery. In case visible defects are detected, the customer is obliged to return the delivered good in its original packaging to the address of Punfyre BV at his expense.
7.6
The customer undertakes to activate the Amicimi services in accordance with article 8.2 of these general terms and conditions within a period of six (6) months after receiving the Amicimi alarm button. Failing this, Punfyre BV is entitled to discontinue the subscription without judicial authorisation, without prior notice of default and without compensation to the customer.
8. Amicimi product and service information
8.1
To use Amicimi services, the registered customer must have a working Amicimi alarm button and a working mobile phone. The customer should download the Amicimi application on their mobile phone via the calibrated way (iTunes or Google Play).
Punfyre BV does not guarantee that the Amicimi application can be downloaded on every mobile phone. It is the registered customer’s responsibility to inform himself about this in advance. Non-compatibility of the registered customer’s mobile phone with the Amicimi application is not a valid reason for the termination of the subscription.
8.2
To activate the Amicimi application with accompanying alarm button, the customer must complete the provided registration procedure via this application. If this registration procedure is not complied with, Punfyre BV cannot provide the Amicimi services.
The registered customer undertakes to activate the Amicimi services (alarm) only when they are in a panic situation.
The registered customer undertakes to use the Amicimi alarm button only for the purposes prescribed by Punfyre BV.
8.3
It is up to the registered customer to ensure that the Amicimi alarm button is working. The registered customer is thus obliged to check, among other things, that the battery of the Amicimi alarm button is not empty and that it sends a signal.
The registered customer acknowledges being informed about the operation of the Amicimi alarm button, in particular that the signal from this alarm button can only be transmitted when (i) the registered customer’s mobile phone is at a distance of no more than 2 metres from the Amicimi alarm button, (ii) the registered customer’s mobile phone is switched on and functioning normally (battery not dead, mobile phone not broken, mobile phone not affected by viruses, etc.), (iii) Bluetooth is activated on the registered customer’s mobile phone, (iv) there are no obstacles interfering with the signal, (v) mobile internet is installed on the registered customer’s mobile phone, and (vi) there is an active internet connection to the registered customer’s mobile phone at the time the Amicimi alarm button is pressed.
Punfyre BV cannot be held liable for any damage consequences of a non-working Amicimi alarm button.
8.4
The registered customer is responsible for ensuring that the localisation and audio system of their mobile phone is working.
The registered customer is responsible for ensuring that their mobile phone is capable of recording and sending out an audio recording, as well as capable of locating and sending out a GPS coordinate, at the time the Amicimi alarm button is pressed.
Punfyre BV is not liable for the non (correct/accurate) functioning of the audio and localisation system of the registered customer’s mobile phone, if it is due to technicalities of this customer’s mobile phone.
8.5
The registered customer undertakes to communicate to Securitas Alert Services and Punfyre BV any malfunction or defective operation of the Amicimi alarm button and/or the Amicimi application that may give rise to unnecessary alarms to Punfyre BV within eight (8) hours of its occurrence.
8.6
Punfyre BV may at any time release new versions of the Amicimi application, with or without modified functionalities and modes of use. If the registered customer does not agree to the changes to the terms of use, their right to use it will end and the licence will be terminated. If the registered customer does not object to the amended terms of use within a period of seven (7) days after notification thereof to the customer, he/she shall be deemed to agree to these amended terms of use.
9. Securitas Alert Services’ commitment
9.1
The (registered) customer acknowledges and accepts that Punfyre BV does not, in the context of any agreement and/or any subscription, provide services in the capacity of a security company and/or security company for which it requires accreditation and/or a licence, respectively, within the meaning of the Law regulating private and particular security of 10 April 1990.
In case the registered client has signed a “Plus” subscription with Punfyre BV, Securitas Alert Services will be involved for alarm monitoring. Pursuant to the “Plus” subscription, the registered customer has entered into a separate contract with Securitas Alert Services, which from then on is responsible for the further handling of the activation of the Amicimi alarm button.
9.2
Punfyre BV in no way guarantees compliance with Securitas Alert Services’ commitments under the contract concluded by the client separately.
Nor does Punfyre BV accept responsibility for Securitas Alert Services’ security of the client’s data.
Punfyre BV shall in no way be liable for the conduct, acts or omissions of Securitas Alert Services.
9.3
Within the framework of alarm follow-up by Securitas Alert Services, the registered client is obliged to comply with Securitas Alert Services’ general terms and conditions. The registered client acknowledges being familiar with these Securitas Alert Services general terms and conditions.
10. Termination of the agreement or subscription
10.1
The client has the right to terminate the agreement or subscription as stipulated in Article 5.3 of these general terms and conditions.
10.2
Without prejudice to the termination and suspension clauses provided for in Article 5, Article 6.2 and Article 13.3 of these general terms and conditions, Punfyre BV has the right to unilaterally terminate the subscription or agreement without observing a notice period in the event that:
the (registered) customer does not use the Amicimi products and/or Amicimi services in the context of the purposes described for that purpose by Punfyre BV; or
the (registered) customer fails to pay an invoice after a prior notice of default; or
The termination of the cooperation agreement between Punfyre BV and Securitas Alert Services for any reason, unless Punfyre BV has entered into a new cooperation agreement with a new licensed security company or licensed alarm centre that can further guarantee the continuation of the services Securitas Alert Services under the contract concluded between the (registered) client and Securitas Alert Services regarding the use of the Amicimi alarm button and to which the (registered) client has not objected in writing within a period of eight (8) days after its notification to Punfyre BV. In the latter case, the customer undertakes to enter into an agreement with this new authorised security company or licensed alarm centre.
11. Liability
11.1
A party shall only be liable for damage caused by proven failures attributable to it within the limits of this article. If a party breaches its commitments, it will be placed in default by the other party. The notice of default should be in writing and should describe in reasonable detail the nature of the default. The notice of default should give the defaulting party a reasonable period to remedy the default. If possible, Punfyre BV will rectify the error at its own expense, for example by supplying a new Amicimi alarm button. In that case, the (registered) customer will not be able to claim compensation.
11.2
Punfyre BV’s liability is in any case limited to the value of an annual subscription concluded by the (registered) customer. The right to compensation for errors attributable to Punfyre BV expires six (6) months after the occurrence of the alleged error.
11.3
The (registered) customer undertakes to indemnify Punfyre BV against any damage that Punfyre BV may incur or any claims that may be brought against Punfyre BV by a third party as a result of or in connection with the Amicimi products and/or Amicimi services used by that customer, unless such damage or claims are the result of fraudulent intent or gross negligence on the part of Punfyre BV.
11.4
It is possible that the Amicimi website contains links which refer to other websites that may be of interest or information to visitors to the Amicimi website. Such links are purely informative. Punfyre BV is not responsible for the content of the linked website or its use.
12. Right of withdrawal
12.1
The customer has the right to withdraw from the distance contract within a period of fourteen (14) days from the purchase order, without giving reasons.
12.2
To exercise the right of withdrawal, the customer must inform Punfyre BV of the decision to withdraw from the distance contract via an unequivocal statement by registered letter. To comply with the withdrawal period, it is sufficient to send the communication concerning the exercise of the right of withdrawal before the withdrawal period has expired.
12.3
If the customer withdraws from the distance contract, the customer will receive back all payments they have made up to that point, including the delivery costs (with the exception of any additional costs resulting from the choice of a delivery method other than the cheapest standard delivery offered by us) without delay and in any case no later than fourteen (14) days after Punfyre BV has been informed of the decision to withdraw from the distance contract. Punfyre BV will refund the customer using the same means of payment used for the original transaction.
12.4
The costs of returning or collecting a product are, in case of invoking the right of withdrawal, borne by the customer.
13. Force majeure
13.1
Force majeure includes all external causes, foreseen or unforeseen which are beyond a party’s control, but which prevent a party from fulfilling its obligations, which include: electrical, computer, internet or communication failures, natural disasters, riots, pandemics, war and military operations, national or local emergencies, acts or omissions of the government, economic disputes of any kind, actions of employees, fire telecom failures, “bugs” in third-party software, flooding, lightning, explosions, collapses economic circumstances that result in an unreasonable or disproportionate burden on the performance of the contract, delays or failures on the part of suppliers or errors on the part of suppliers, price increases on the part of suppliers of goods or services, as well as any act or omission of any person or entity beyond the reasonable control power of a party.
13.2
In the event of force majeure, the obligations of the relevant party shall be suspended. In such case, the parties will make all reasonable efforts to mitigate the effects of the force majeure situation. In case the force majeure should last longer than two (2) months, the other party shall be entitled to terminate the agreement or subscription without court intervention, without any obligation to pay damages in that case.
14. Intellectual property rights and licensing
14.1
Punfyre BV grants the registered customer a temporary, revocable, non-exclusive and non-transferable licence in respect of the entire Amicimi application to use it for his personal, non-commercial use in accordance with these terms and conditions. This licence may not be shared with any other person. The licence is not transferable to third parties, except with the prior and written consent of Punfyre BV.
14.2
All intellectual property rights in the Amicimi website, the Amicimi alarm button and the Amicimi application and its content, including software, images, databases, trademarks, logos drawings, data, product or company names, texts are and remain the property of Punfyre BV or entitled third parties. The (registered) customer may not make available, sell, rent, decompile, reverse engineer or otherwise modify the Amicimi application to third parties.
15. Privacy
Punfyre BV attaches great importance to the privacy the (registered) customers and respects all applicable relevant legislation when processing personal data. Amicimi’s Privacy Statement includes an explanation of how Punfyre BV obtains and processes their personal data.
16. Changes
All changes made by Punfyre BV to this agreement will be notified to the (registered) customer.
17. Divisibility
If any provision (or part thereof) of these Terms and Conditions should be unenforceable or conflicts with any provision of mandatory law, this shall not affect the validity and enforceability of the other provisions of these Terms and Conditions, nor the validity and enforceability of that part of the relevant provision that is not unenforceable or conflicts with any provision of mandatory law. In such a case, the parties will negotiate in good faith to replace the unenforceable or conflicting provision with an enforceable and legally valid provision that is as close as possible to the purpose and scope of the original provision.
18. Transfer
The (registered) customer shall not transfer the subscription or agreement to any other party except with the written consent of Punfyre BV, which consent shall not be withheld on unreasonable grounds. Punfyre BV may transfer the subscription or agreement to any of its affiliates, subsidiaries or legal successors at any time.
19. Applicable law and competent courts
These general terms and conditions are exclusively governed by and to be interpreted in accordance with applicable Belgian law without regard to any conflict of laws or rules. The courts and tribunals of the judicial district of West Flanders, Kortrijk division have exclusive jurisdiction if a dispute arises regarding the interpretation or execution of these general terms and conditions.
