In these conditions, the definitions below refer to the following:
acdegroot publishing, established in Wapserveen, The Netherlands (Schipslootweg 5, NL-8351 HV Wapserveen).
the location on the internet where acdegroot publishing presents the consumer with the opportunity to place an order by means of electronic communication.
the person who has entered into a contract with acdegroot publishing via the internet location to purchase one or more products or services.
These electronic sales conditions are applicable to all sales offers placed by acdegroot publishing on the internet location and also to all contracts entered into via the internet location between acdegroot publishing and Purchaser with regard to supplying books or other products or services (hereafter to be called: the contract). Any general or other conditions employed by Purchaser – including purchasing conditions – are specifically rejected by acdegroot publishing, and do not form a part of the contract.
3. Offer, order and establishment of contract
3.1. All offers from acdegroot publishing are free of obligation. If, for whatever reason, no products or services can be provided, any claims from Purchaser of whatever nature and any liability are explicitly excluded.
3.2. The contract is entered into following an order by Purchaser via the internet location, appropriate payment by credit card for the ordered goods or services and written acceptance (per e-mail) of this order and confirmation of payment by acdegroot publishing.
3.3. With regard to exchanges of communication and orders placed, deliveries and payments, acdegroot publishing’s systems and administration are deemed to reflect these correctly, barring evidence to the opposite provided by Purchaser.
3.4. Data provided by Purchaser while ordering on the internet location can be filed in a registration of personal data according to the applicable legislation. Insofar as Purchaser notices that data concerning himself is not correct, he will make this known to acdegroot publishing.
4. Prices and rates
4.1. Delivery of products takes place according to the prices and rates (barring unforeseen typing mistakes) stated on the internet location at the moment of establishing the contract. Prices agreed upon or made known by acdegroot publishing in any other manner than via the internet location do not bind acdegroot publishing for products ordered via the internet location, unless acdegroot publishing and Purchaser have specifically set down a separate agreement (in writing) to that effect.
4.2. All prices and rates set down by acdegroot publishing are without BTW / VAT (= goods and services taxes) (if applicable) and postage costs, unless otherwise indicated.
4.3. acdegroot publishing retains the right to change the prices and rates. Changed prices and rates are valid from the moment they are stated on the internet location.
5. Invoicing and payment
5.1. Payment by Purchaser will be made via credit card when placing his order.
5.2. Without specific written permission from acdegroot publishing, Purchaser is not permitted to deduct any payment obligation towards acdegroot publishing against a claim by Purchaser against acdegroot publishing, in whatever context.
5.3. acdegroot publishing has the right to demand advance payment and/or automatic collection authorization from Purchaser at all times.
6. Delivery, delivery deadlines
6.1. Ordered products are supplied to Purchaser by delivery. In these conditions, the term ‘delivery’ implies the following: delivering the goods to the address indicated by Purchaser or, if the goods cannot be received at that address or left in a post office box, leaving behind written notification at that address stating how the addressee can gain possession of the goods. The goods are at Purchaser’s risk as of the moment of delivery.
6.2. acdegroot publishing strives to deliver the ordered products to Purchasers in the Netherlands within five working days following establishment of the contract, in the EU within 10 working days and in all other countries within 15 working days following establishment of the contract. This deadline, as well as any other deadline mentioned on the internet location for anything to be accomplished by acdegroot publishing, is explicitly a target deadline, and not an indisputable deadline. No rights can be obtained by the Purchaser from any delivery times mentioned anywhere on the internet location.
6.3. acdegroot publishing is entitled to postpone the meeting of any obligations towards Purchaser as long as Purchaser has not yet met all his (payment) obligations towards acdegroot publishing, for whichever reason.
7. Claims and complaints; return shipments
7.1. Purchaser must send written notification, containing a clear description of the complaints about the supplied products to acdegroot publishing within one week of delivery of the shipment. Should such a notification not be forthcoming, any claim against acdegroot publishing with regard to defects in the products and/or services supplied becomes invalid.
7.2. Only in the case of a damaged product, or one which had not been ordered, being delivered to Purchaser, is Purchaser entitled to return a product to acdegroot publishing. Purchaser is obliged to return a shipment of products in sound packaging and must send along a written statement with the reason for the return shipment. Following receipt of the returned shipment of products, acdegroot publishing will deliver an undamaged product, or, respectively, the product ordered by Purchaser as quickly as possible, as long as acdegroot publishing considers the return of this return shipment to be valid.
8. Intellectual and industrial rights of ownership
Without previous written permission from acdegroot publishing, Purchaser is not permitted (and this is valid, if needs be, as a supplement to the copyright or neighboring rights belonging to acdegroot publishing) to partially or totally copy any book or electronic product supplied to and/or placed at the disposal of Purchaser by acdegroot publishing, or to make public (copies thereof) insofar as this takes place (I) for the purposes of an enterprise, organization or institution (II) for personal practice, study or use which is not strictly of a private nature or (III) for reproduction in any newspaper or magazine (whether or not in digital form) or in a broadcast of a radio or television program, unless specifically stated otherwise in these Sales Conditions.
9. Liability of acdegroot publishing and indemnification
9.1. the presence of a defect never gives Purchaser the right to defer, or to make deductions against, his payment obligations with regard to the product or service.
9.2. the total liability of acdegroot publishing for accountable shortcoming in the obligation to actually carry out a delivery is limited to compensation of direct damages up to a maximum of an amount equal to the price demanded for that delivery.
9.3. acdegroot publishing is exempted from liability for indirect damage, including consequential damages, loss of profits, missed savings, damage through cessation of business as well as any damages other than those indicated in article 9.2.
10. Termination of the contract
acdegroot publishing has the right to immediately terminate the contract with Purchaser by means of written notification without previous serving of notice:
– if Purchaser, despite valid serving of notice, fails whilst accountable to fulfil any of his obligations;
– if Purchaser (whether or not temporarily) has been granted suspension of payment, or if Purchaser is declared bankrupt;
11. Applicability of law and disputes
11.1 Only Dutch law is applicable to any contract made by acdegroot publishing with Purchaser.
11.2 All disputes stemming from or associated with obligations which are part of the contract entered into by acdegroot publishing and Purchaser will be presented only to the competent judge in Assen, The Netherlands.
acdegroot publishing is entitled to transfer its rights and/or obligations stemming from the contract(s) entered into with Purchaser to legal successors, by which transfer acdegroot publishing will be acquitted of its obligations towards Purchaser. Purchaser is obliged to provide acdegroot publishing, at first request, with any collaboration necessary for the above mentioned transfer.